CHAPTER
Ahp100 ORGANIZATIONAL RULES
PART
Ahp 101
PURPOSE
Ahp
101.01 Purpose. These rules implement the statutory
responsibilities under RSA 328-F of the board of directors of the office of
licensed allied health professionals.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19
PART Ahp 102 DEFINITIONS
Ahp
102.01 “Board” means “board of
directors” as defined in RSA 328-F:2, I, namely, “the chairpersons or their
appointees of all the governing boards which shall be responsible for the
administrative operation of the office of licensed allied health professionals.”
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517,
eff 7-24-09; ss by #12724, eff 2-15-19
Ahp
102.02 “Governing boards” means “governing
boards” as defined in RSA 328-F:2, IV, namely, “individual licensing boards of
athletic trainers, occupational therapy assistants, occupational therapists,
physical therapists, physical therapist assistants, speech-language
pathologists, hearing care providers, and genetic counselors”.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #9832, eff 12-15-10, EXPIRED:7-1-14 pursuant to RSA 541-A:17, II and 2013, 271:2
New. #12724,
eff 2-15-19; ss by #13625, eff 6-24-23
Ahp 102.03 “Office
of licensed allied health professionals” means “office of licensed allied
health professionals” as defined in RSA 328-F:2, IV, namely, “an agency of
multiple governing boards in professions of the allied health field.”
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff
7-24-09; ss by #12724, eff 2-15-19
PART
Ahp 103
DESCRIPTION OF THE AGENCY
Ahp
103.01 The Office of Licensed Allied
Health Professionals. The office of
licensed allied health professionals shall work with the board of directors to
coordinate the work of the governing boards.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19; ss by #13626, eff 6-24-23
Ahp
103.02 Responsibilities of the Board
of Directors. The responsibilities
of the board of directors shall be:
(a) To provide a forum for practice issues
arising in the allied health professions;
(b) The adoption of rules governing the hearing
procedures of the governing boards and other matters specified by RSA 328-F:13;
(c) To
adopt procedures for the voluntary surrender of licenses and certifications
issued by the governing boards;
(d) To
set the requirement for criminal background checks from applicants for initial
licensure or certification, reinstatement of licensure or certification, and
conditional licensure or certification; and
(e) To specify organizational and procedural
rules.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517,
eff 7-24-09;
ss by #9832, eff 12-15-10;
ss by #12724, eff 2-15-19; ss by #13626, eff 6-24-23
Ahp
103.03 Meetings of the Board of
Directors. The board of directors
shall meet at least quarterly and more often if business requires.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19
Ahp
103.04 Public Access to Minutes.
(a)
Minutes of board actions which are not exempt from disclosure under RSA
91-A:3, II or RSA 91-A:5 shall be governmental records open to the public.
(b)
The minutes shall be available for inspection during the board's
ordinary office hours within 144 hours from the close of the meeting or vote in
question unless the 72 hour availability requirement
of RSA 91-A:3, III is applicable.
Source. #7401, eff 11-3-00;
ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09;
ss by #12724, eff 2-15-19 (formerly Ahp 103.05)
Ahp
103.05 Officers. Each January the board of directors and
boards shall elect officers for terms of one year.
Source. #12724,
eff 2-15-19
PART
Ahp 104
DESCRIPTION OF MEETING REQUIREMENT FOR BOARD OF DIRECTORS AND BOARDS
Ahp
104.01 Attendance at Meetings by
Members of the Public. Pursuant to
RSA 91-A:2, II, members of the public shall have the right to attend and record
board meetings, except for those parts of the meetings which are nonpublic
sessions as defined in RSA 91-A:3
Source.
#12724,
eff 2-15-19
Ahp
104.02 Notice of Board Meetings.
(a)
Notice of the time and place of board meetings, excluding emergency
meetings, shall be given in accordance with RSA 91-A:2, II.
(b)
Information about the time and place of board meetings shall also be
available at the numbers stated in Ahp 105.01 (b) and
(c).
Source.
#12724,
eff 2-15-19
Ahp
104.03 Minutes of Board Meetings.
(a)
Minutes of board meetings and of official actions taken by the boards
shall be taken and preserved.
(b)
Such minutes shall:
(1) Record the members participating in each vote;
(2) Separately record the position of members who
dissent, abstain, or concur; and
(3) Be available for inspection by the pubic in
accordance with Ahp 105.04.
Source.
#7401, eff
11-3-00; ss by #8077, eff 5-1-04; ss
by #9517, eff 7-24-09 (formerly Ahp 103.04)
PART
Ahp 105 PUBLIC INFORMATION
Ahp
105.01 Office Location; Mailing Address;
Telephone, TTY/TDD Numbers, and E-Address.
(a) The board’s office location and mailing
address is:
The Office of Licensed Allied Health Professionals
c/o The Office of Professional Licensure and Certification
7 Eagle Square
Concord, NH 03301
(b) The board's telephone number is 603-271-2153.
(c) Access for in-state TTY/TDD users is through
Relay New Hampshire by dialing 711 or by dialing 1-800-735-2964.
(d) The board's e-address is CustomerSupport@oplc.nh.gov.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19 (formerly Ahp 104.01); ss by
#13626, eff 6-24-23
Ahp
105.02 Communication with the Board.
(a) Persons wishing to correspond with the board
or make submissions to it may:
(1) Send a letter; or
(2) Send the correspondence or
submission by e-mail, provided that the board's rules do not require it to be
sent by mail.
(b)
Persons seeking information from the board may do so by:
(1) Mail or e-mail as set forth
in (a) above;
(2) Telephoning the board; or
(3) Accessing the board as
described in Ahp 105.01(c).
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19 (formerly Ahp 104.02); ss by
#13626, eff 6-24-23
Ahp 105.03
Custodian of Records; Inspection and Copies of Records.
(a)
The supervisor II of the office of licensed allied health professionals
shall have custody of the board's records, and shall make available, upon
request, Ahp 105.03 Custodian of Records;
Inspection and Copies of Records.
(a) The office of professional licensure and
certification shall have custody of the board's records, and shall make
available, upon request, those records which are subject to public inspection
under RSA 91-A.
(b) Persons desiring to inspect or obtain copies
of board records shall identify as specifically as possible the information
being sought.
(d) If records are requested which contain both
public information and information exempt from disclosure pursuant to RSA 91-A
or other law, the office of professional licensure and certification shall
ensure the deletion of the information exempt from disclosure and provide the
remaining information.
Source. #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #9832, eff 12-15-10; ss by #12724, eff 2-15-19 (formerly Ahp 104.03); ss by
#13626, eff 6-24-23
Ahp
105.04 Public Access to Records.
(a) Pursuant to RSA 91-A:4 members of the public
may inspect and copy those records of the board, including meeting minutes,
which are public records and not exempt from disclosure by RSA 91-A:5, RSA
328-F:24, I, or other applicable law.
(b) Public records shall be inspected and copied
during regular business hours at the office of the board at the location stated
in Ahp 105.01(a).
(c) If records are requested which contain both
public information and information exempt from disclosure pursuant to RSA 91-A
or other law, the office of professional licensure and certification shall,
acting for the board, delete the information exempt from disclosure and provide
the remaining information.
Source. #12724,
eff 2-15-19 ss by #13626, eff 6-24-23
CHAPTER
Ahp 200
PROCEDURAL RULES
PART
Ahp 201 SCOPE
Ahp 201.01 Scope of the Chapter. This chapter governs:
(a)
The procedures of the board of directors; and
(b)
Pursuant to RSA 328-F:13, the procedures of the governing boards with
respect to:
(1) Complaints of misconduct by licensees and
certified individuals;
(2) The conduct of disciplinary hearings; and
(3) The voluntary surrender of licenses and
certifications.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04; ss by #9833, eff 12-15-10
PART
Ahp 202
DEFINITIONS
Ahp
202.01 Definitions.
(a)
“Adjudicative proceeding” means “adjudicative proceeding” as defined in
RSA 541-A: 1,
(b)
“Appearance” means a written notification to the board that a party, an
intervenor or the representative of a party or intervenor intends to actively
participate in an adjudicative proceeding.
(c)
“Contested case” means “contested case” as defined in RSA 541-A:1, IV,
namely, “a proceeding in which the legal rights, duties, or privileges of a
party are required by law to be determined by an agency after notice and an
opportunity for hearing.”
(d)
“Declaratory ruling” means “declaratory ruling” as defined in RSA
541-A:1, V, namely, “an agency ruling as to the specific applicability of any
statutory provision or of any rule or order of the agency.”
(e)
“Governing board” means any of the boards established by RSA 328-F:3, I.
(f)
“Intervenor” means a person without the status of a party but
participating in an adjudicative proceeding to the extent permitted by the
presiding officer acting pursuant to RSA 541-A:32.
(g)
“Motion” means a request to the presiding officer for an order or ruling
directing some act to be done in favor of the proponent of the motion,
including a statement of justification or reasons for the request.
(h)
“Order” means “order” as defined in RSA 541-A:1, XI, namely, “the whole
or part of an agency's final disposition of a matter, other than a rule, but
does not include an agency's decision to initiate, postpone, investigate or
process any matter, or to issue a complaint or citation.”
(i) “Party” means “party” as defined by RSA
541-A:1, XII, namely, “each person or agency named or admitted as a party, or
properly seeking and entitled as a right to be admitted as a party.”
(j)
“Person” means any individual, partnership, corporation, association,
governmental subdivision or public or private organization of any character
other than the board.
(k)
“Presiding officer” means presiding officer as defined in RSA 541-A:1,
XIV, namely, “that individual to whom the agency has delegated the authority to
preside over a proceeding, if any; otherwise it shall
mean the head of the agency.”
(l)
“Proof by a preponderance of the evidence” means a demonstration by
admissible evidence that a fact or legal conclusion is more probably true than
not.
(m)
“Public comment hearing” means a proceeding held pursuant to RSA
541-A:11.
(n)
“Record” means, in a contested case, the materials set forth in RSA
541-A:31, VI.
(o)
“Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
PART
Ahp 203
PROCEDURES FOR THE RECEIPT BY GOVERNING BOARDS OF COMPLAINTS OF
MISCONDUCT BY THEIR LICENSEES
Ahp
203.01 Procedures for Submission of
Complaints of Misconduct by Licensees.
(a)
Persons wishing to complain of licensee misconduct shall:
(1) Submit to the appropriate governing board a
written complaint including the information described in (b) below, using mail
or any electronic means for which the board is able to
maintain security; or
(2) Submit a complaint by telephone and
thereafter confirm the complaint by:
a. Reviewing a summary of the telephone
conversation made by the board's staff;
b. Correcting the summary as necessary and signing
it; and
c. Returning the signed summary to the board.
(b)
A written complaint submitted pursuant to (a)(1) above shall include:
(1) The name and address of the complainant;
(2)
If the complaint is made on behalf of another person, the name of that person
and the relationship of that person to the complainant;
(3) The name of the licensee complained against;
(4) If known, the business address and telephone
number of the licensee complained against;
(5) A detailed description of the treatment or
event being complained about;
(6) The beginning and ending dates of the
treatment being complained about;
(7) The name and, if known, the business address
and telephone number, of any caregiver who was consulted about the actions
which are complained about; and
(8) As attachments, copies, but not originals, of
any documents which relate to the complaint.
(c) Within 60 days the governing board shall
confirm receipt of the complaint.
Source. #7232, eff 4-15-00; ss by #8079, eff 5-1-04,
EXPIRED: 5-1-12
New. #10143-A,
eff 6-7-12
PART
Ahp 204
DISPUTE RESOLUTION AND CONSTRUCTION OF RULES
Ahp
204.01 Principles of Dispute
Resolution. The boards shall
resolve by agreement or by a decision all disputes about non-criminal matters
within its statutory jurisdiction and the administrative rules adopted to
implement its statutes.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp 204.02
Construction of Rules.
Parts Ahp 205 through Ahp
214 shall be construed to secure the
just, accurate and efficient resolution of all disputes.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp
204.03 Right to A Hearing. Any person having a dispute with the board
shall be entitled to a hearing of the dispute if:
(a)
The legal rights, duties or privileges of that person will be determined
in the course of deciding the outcome of the dispute;
and
(b)
Constitutional, statutory or case law requires
the board to hold a hearing before determination of those rights, duties or
privileges.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
PART
Ahp 205
CONDUCT OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES
Ahp
205.01 Presiding Officer.
(a)
Hearings shall be conducted by a presiding officer designated by the
board.
(b)
The presiding officer shall as necessary:
(1) Regulate and control the course of the hearing;
(2) Facilitate settlement of the dispute that is
the subject of the hearing;
(3) Administer oaths and affirmations;
(4) Request that the board issue subpoenas to
compel the attendance of witnesses or the production of documents;
(5) Receive relevant evidence and exclude
irrelevant, immaterial or unduly repetitious evidence;
(6) Rule on procedural requests at the request of
a party or intervenor or on the presiding officer's own motion;
(7) Question anyone who testifies to the extent
required to make a full and fair record;
(8) Arrange for recording the hearing as
specified in RSA 541-A:31, VII; and
(9) Take any other action consistent with
applicable statutes, rules and case law necessary to
conduct the hearing and complete the record in a fair and timely manner.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp
205.02 Withdrawal of Presiding
Officer.
(a)
Upon his or her own initiative or upon the motion of any party or
intervenor, the presiding officer shall withdraw from any adjudicative
proceeding for good cause.
(b)
Good cause shall exist if the presiding officer:
(1) Has a direct interest in the outcome of the
matter, including but not limited to, a financial or family relationship with
any party or intervenor;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes
that he or she cannot fairly judge the facts of the case.
(c)
Mere knowledge of the issues or acquaintance with any party, intervenor
or witness shall not constitute good cause for withdrawal.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp
205.03 Waiver or Suspension of Rules
by Presiding Officer. The presiding
officer, upon the motion of any party or intervenor, or on his or her own
initiative, shall suspend or waive any requirement or limitation imposed by
this chapter when the suspension or waiver:
(a)
Appears to be lawful; and
(b)
Is more likely to promote the just, accurate and efficient resolution of
the pending dispute than would adherence to a particular rule or procedure.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
PART
Ahp 206 TIME
PERIODS
Ahp
206.01 Computation of Time.
(a)
Unless otherwise specified, the unit of time for time periods referenced
in this chapter shall be calendar days.
(b)
Computation of any period of time referred to in this chapter shall
begin with the day after the action which sets the time period in motion, and shall include the last day of the period so
computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or a legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday or
legal holiday.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
PART
Ahp 207
FILING, FORMAT AND DELIVERY OF DOCUMENTS
Ahp 207.01 Date of Issuance or Filing.
(a)
All written documents governed by this chapter shall be rebuttably presumed
to have been issued on the date noted on the document.
(b)
All written documents governed by this chapter shall be rebuttably
presumed to have been filed with the board on the date of receipt, as evidenced
by a date placed on the document by the board or its staff in the normal course
of business.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp
207.02 Format of Documents.
(a)
All correspondence, pleadings, motions or other
documents filed shall:
(1) Include the title and docket number of the
case, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the proponent of the document,
or, if the proponent appears by a representative, by the representative; and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties and intervenors in compliance
with Ahp 207.03.
(b)
The signature of a party or intervenor or the representative of the
party or the intervenor on a document filed with the board shall constitute
certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer's knowledge, information and belief there are good and sufficient grounds
to support it; and
(4)
The document has not been filed for purposes of delay.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp 207.03 Delivery
of Documents.
(a)
Copies of all motions, exhibits, memoranda, or other documents filed by
any party or intervenor shall be delivered by that party or intervenor to the
board and to all other parties and intervenors.
(b)
All notices, orders, decisions or other documents issued by the
presiding officer or the board shall be delivered to
all parties and intervenors.
(c)
Delivery of documents relating to a proceeding but not issued by the
presiding officer or the board shall be made either in hand or by depositing
into the
(1) The name of the person intended to receive
the document;
(2) The full address, including zip code, last
provided to the board by such person; and
(3) Prepaid first class
postage.
(d) Delivery of documents relating to a
proceeding and issued by the presiding officer or the
board shall be made by mailing them in accordance with (c) above and using
certified mail with return receipt requested.
(e)
When a party or intervenor appears by a representative, delivery of a
document to the party's or intervenor’s representative either in hand or at the
address stated on the appearance filed by the representative shall constitute
delivery to the party or intervenor.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
PART
Ahp 208
MOTIONS AND OBJECTIONS
Ahp
208.01 Motions; Objections to
Motions; Ruling on Motions.
(a)
Motions shall be in written form and filed with the presiding officer,
unless made in response to a matter asserted for the first time at a hearing or
based on information that was not received in time to prepare a written motion.
(b)
Oral motions and any oral objections to such motions shall be recorded
in full in the record of the hearing. If the presiding officer finds that the
motion requires additional information in order to be
fully and fairly considered, the presiding officer shall direct the proponent
to submit the motion in writing and provide supporting information.
(c)
Except as otherwise provided in this chapter, objections to written motions shall be filed within 10 days of
the date of the motion.
(d)
Failure by an opposing party or an intervenor to object to a motion
shall not in and of itself constitute grounds for granting the motion.
(e)
When necessary to obtain information or clarify an issue relating to the
proceedings, the presiding officer shall hold a hearing on the motion.
(f)
The presiding officer shall rule upon a motion after full consideration
of all objections and applicable law.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
PART
Ahp 209
COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES; PRE-HEARING
CONFERENCES; RECORDING THE HEARING
Ahp
209.01 Commencement of Adjudicative
Proceedings.
(a)
An adjudicative proceeding shall be commenced by:
(1) An order of the board giving the parties the
notice specified in (b) below; and
(2) In the case of a proceeding relating to the
board's emergency suspension of a license or certification, the notice specified
in (b) below together with the order issued pursuant to Ahp
209.02(a).
(b)
The notice of hearing shall contain:
(1) The names and addresses of the parties;
(2) A statement of the nature of the hearing;
(3) The time and place of the hearing and of any
pre-hearing conference;
(4) A statement of the legal authority under which
the hearing is to be held;
(5) A reference to the applicable statutes and rules;
(6) A short and plain statement of the issues presented;
(7) A statement that each party has the right to
have representation by an attorney at the party’s own expense;
(8) The name of the presiding officer, if known;
(9) In the case of a hearing not related to the
board's emergency suspension of a license or certification, the statement that:
a. The licensed or certified individual has the
right to have the board provide a certified shorthand court reporter at the
individual's expense;
b. The request for a certified shorthand court
reporter shall be submitted in writing at least 10 days before the beginning of
the hearing; and
(10) In the case of a hearing related to the
board's emergency suspension of a license or certification pursuant to Ahp 209.02, the statement that the board shall provide a
certified shorthand court reporter at the board's expense.
(c)
The substitution of another individual for the individual identified as
presiding officer in the notice of hearing shall not invalidate the notice.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04; ss by #9833, eff 12-15-10
Ahp
209.02 Procedure for Emergency
Suspension of Licenses and Certifications.
(a)
Upon a finding that public health, safety or
welfare requires emergency action, the board shall immediately and prior to a
hearing suspend a license or certification by issuing a written order of
suspension incorporating the finding.
(b)
The board shall commence a hearing no later than 10 working days after
the issuance of an order pursuant to (a) above.
(c)
Unless the 10-day deadline in (b) above is expressly waived by the
licensed or certified individual, the failure of the board to meet the
deadline shall result in the automatic vacating of the order of suspension.
(d)
After the vacating of the order pursuant to (c) above, the board shall
not again suspend the license or certification on the basis
of the same conduct which formed the basis for the vacated order without
giving the licensed or certified individual prior notice and the opportunity
for a hearing under Ahp 209.01.
(e)
The recording of a hearing on the emergency suspension of a license or certification shall be
made by a certified shorthand court reporter provided and paid for by the
board.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04; ss by #9833, eff 12-15-10
Ahp
209.03 Appearances.
(a)
An appearance shall be filed by:
(1) Each party or the party's representative, if
any; and
(2) Each intervenor or the intervenor's
representative, if any.
(b) Appearances shall be filed:
(1) In the case of a hearing not related to the
board's emergency suspension of a license or certification pursuant to Ahp 209.02, within 15 days of receipt of the notice
required by Ahp 209.01(a); and
(2) In the case of a hearing related to the
board's emergency suspension of a license or certification, within 5 days of
receipt of such notice.
(c)
The appearance shall contain the following information:
(1) The docket number assigned by the board or a
brief identification of the case;
(2) The daytime address and telephone number of
the person filing the appearance; and
(3) If applicable, the daytime address and
telephone number of the party or intervenor represented by the person filing
the appearance.
Source. #8078,
eff 5-1-04; ss by #9833, eff 12-15-10
Ahp
209.04 Pre-hearing Conference.
(a)
A prehearing conference shall be scheduled on the request of any party
or intervenor or on the initiative of the board or the presiding officer if
such a conference would facilitate the proceedings or encourage resolution of
the dispute.
(b) A prehearing conference shall address one or
more of the following:
(1) Offers of settlement;
(2) Simplification of the issues;
(3) Stipulations or admissions as to issues of
fact or proof;
(4) Limitations on the number of witnesses;
(5) Changes to standard hearing procedures;
(6) Consolidation of examination of witnesses;
and
(7) Any other matters that advance the efficiency
of the proceedings.
Source. #8078,
eff 5-1-04; ss by #9833, eff 12-15-10
Ahp 209.05 Recording the Hearing.
(a)
Except in the circumstances described in (b) below, the presiding
officer shall record the hearing by electronic recording or any other method
that will provide a verbatim record.
(b)
A hearing on the immediate suspension of a license or certification pursuant
to RSA 541-A:30, III shall be recorded by a certified shorthand court reporter
provided by the board.
(c)
If any person requests a transcript of the verbatim recording of a
hearing, the board shall:
(1) Cause a transcript to be prepared; and
(2) Upon receipt of payment for the cost of the
transcription, provide a copy of the transcript to the person making the
request.
Source. #8078,
eff 5-1-04; ss by #9833, eff 12-15-10
PART
Ahp 210
INTERVENTION; ROLES OF COMPLAINANTS AND BOARD STAFF
Ahp 210.01 Intervention Procedure.
(a)
Petitions for intervention shall:
(1) Describe the petitioner's interest in the
subject matter of the proceedings; and
(2) Be submitted in writing to the presiding
officer.
(b)
A copy of a petition submitted pursuant to (a) above shall be mailed to
the board and to all persons identified in the notice commencing the adjudicative
proceeding.
(c)
A petition for intervention shall be granted by the presiding officer
if:
(1) The petitioner complied with (a) and (b)
above at least 3 days before the hearing
and the presiding officer determines that:
a. The petition states facts demonstrating that
the petitioner's rights, duties, privileges, immunities or other substantial interests might be affected by the proceedings or the petitioner qualifies as an intervenor
under law; and
b. The intervention sought would not impair the
interests of justice and the orderly and prompt conduct of the proceedings; or
(2) The petitioner complied with (a) and (b)
above at any time and the presiding officer determines that the intervention
sought would be in the interests of justice and would not impair the orderly
and prompt conduct of the proceedings.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp
210.02 Effect of Intervention and
Rights of an Intervenor.
(a)
Approval of intervention by the presiding officer shall apply only to
the proceeding in which the petition for intervention was granted.
(b)
Notwithstanding the provisions of this chapter, an intervenor’s right to
participate in an adjudicative proceeding shall be subject to any limitations
or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.
(c)
An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated
because of the fact of intervention.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp 210.03 Roles of Complainants and Board Staff.
(a) Complainants alleging misconduct by a
licensed or certified individual shall have no role in any hearing other than
that of witness unless they petition for, and are granted, the right to
intervene.
(b)
Unless called as witnesses, board staff shall have no role in any
hearing.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04; ss by #9833, eff 12-15-10
PART
Ahp 211
CONTINUANCES AND FAILURE TO ATTEND HEARING
Ahp
211.01 Continuances.
(a)
Any party or intervenor may make an oral or written motion that a
hearing be delayed or continued to a later date or time.
(b)
A motion for a delay or a continuance shall be granted if the presiding
officer determines that a delay or continuance would assist in resolving the
case fairly.
(c)
If the later date, time and place are known
when the hearing is being delayed or continued, the information shall be stated
on the record. If the later date, time and place are
not known at that time, the presiding officer shall as soon as practicable
issue a written scheduling order stating the date, time and place of the
delayed or continued hearing.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp
211.02 Failure of a Party to Attend
or Participate in the Hearing.
(a)
A party shall be in default if the party:
(1) Has the overall burden of proof;
(2) Has been given notice in accordance with Ahp 209.01; and
(3) Fails to attend the hearing.
(b)
If a party is in default under (a) above, the case shall be dismissed.
(c)
If a party who does not have the overall burden of proof fails to attend
a hearing after having been given notice in accordance with Ahp
209.01, the testimony and evidence of any other parties or intervenors shall be
received and evaluated.
(d) If a party who
has the overall burden of proof attends a hearing but fails to participate by
presenting evidence or argument, a decision shall be entered against that
party.
(e)
The board shall not dismiss the case under (b) above if the failure to
attend results from circumstances that are beyond the control of the party.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
PART
Ahp 212
REQUESTS FOR INFORMATION AND DOCUMENTS
Ahp
212.01 Voluntary Production of
Information.
(a)
Each party and intervenor shall attempt in good faith to make complete
and timely response to requests for the voluntary production of information and
documents relevant to the hearing.
(b)
When a dispute arises concerning a request for the voluntary production
of information or documents, any party or intervenor may file a motion under Ahp 212.02 to compel the production of the requested
information or documents.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp 212.02 Motions to Compel Production of
Information and Documents.
(a)
Any party or intervenor may make a motion seeking an order for
compliance with an information or document request. The motion shall be filed
at least 20 days before the date scheduled for the hearing and in any event as
soon as possible after receiving the notice of the hearing and failing in an attempt to obtain the requested information or
documents through voluntary production.
(b)
The motion to compel shall:
(1) Set forth in detail those facts which justify
the request for information or documents; and
(2) List with specificity the information or
documents being sought.
(c)
Objections to motions to compel shall be filed within 10 days of the
delivery of the motion.
(d)
The presiding officer shall grant the motion to compel if its proponent
has demonstrated that an order for compliance is necessary for a full and fair
presentation of evidence at the hearing.
Source. #8078,
eff 5-1-04
Ahp
212.03 Mandatory Pre-Hearing Disclosure
of Witnesses and Exhibits. At least
5 days before the hearing, the parties and intervenors shall provide to the
other parties and intervenors:
(a)
A list of witnesses intended to be called at the hearing;
(b)
A list of documents and exhibits intended to be offered as evidence at
the hearing; and
(c)
A copy of each document intended to be offered as evidence at the
hearing.
Source. #8078,
eff 5-1-04; ss by #10451, eff 10-29-13
PART
Ahp 213
HEARING PROCEDURE
Ahp
213.01 Standard and Burden of Proof. The party or intervenor asserting a
proposition shall bear the burden of proving the truth of the proposition by a
preponderance of the evidence.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp
213.02 Order of Testimony; Cross-Examination.
(a) Any individual offering testimony,
evidence or arguments shall state for the record his or her name and role in
the hearing. If the individual is representing another person, the person being
represented shall also be identified.
(b)
Testimony on behalf of the parties shall be offered in the following
order:
(1) The testimony of the party or parties bearing
the overall burden of proof and such witnesses as such party or parties may
call; and
(2) Thereafter, the testimony of the party or
parties opposing the party who bears the overall burden of proof and such
witnesses as such party or parties may call.
(c)
The testimony of intervenors and such witnesses as such intervenors may
be allowed to call shall be offered
at the time directed by the presiding officer.
(d)
Each party may cross-examine any witnesses offered against that party.
(e)
The presiding officer shall call witnesses not called by the parties if
their testimony is required for a full and fair adjudication of the issues.
(f) The right of an intervenor to cross-examine
witnesses shall be determined by the presiding officer.
(g)
Board members may question each witness after the witness has finished
testifying.
Source. #7232, eff 4-15-00; ss by #8078, eff 5-1-04
Ahp
213.03 Evidence.
(a)
Receipt of evidence shall be governed by the provisions of RSA 541-A:33.
(b)
All rules of privilege recognized under the laws of the state of
(c)
All documents, materials and objects offered as exhibits shall be
admitted into evidence unless excluded by the presiding officer as irrelevant,
immaterial, unduly repetitious or legally privileged.
(d)
All objections to the admissibility of evidence shall be stated as early
as possible in the hearing, but not later than the time when the evidence is
offered.
(e)
Transcripts of testimony as well as documents, materials and objects
admitted into evidence shall be public records unless the presiding officer
determines that all or part of them is exempt from disclosure under RSA 91-A:5
or applicable case law.
Source. #8078,
eff 5-1-04
Ahp
213.04 Proposed Findings of Fact and
Conclusions of Law.
(a)
Any party or intervenor may submit proposed findings of fact and
conclusions of law.
(b)
The presiding officer shall require the submission of proposed findings
of fact and rulings of law and specify a deadline after the close of the
hearing for their submission when:
(1) Any party or intervenor has requested such action;
(2) The presiding officer is required by Ahp 213.07(d)(3) to submit findings of fact and rulings of
law to the board; or
(3) The presiding officer determines that
proposed findings of fact and rulings of law would clarify the issues presented
at the hearing.
(c)
In any case where proposed findings of fact and rulings of law are
submitted, the decision shall include rulings on the proposals.
Source. #8078,
eff 5-1-04
Ahp
213.05 Closing the Record. After the conclusion of the hearing and the
filing of such post-hearing submissions as may be ordered by the presiding
officer, the record shall be closed and no additional
evidence shall be received into the record except as allowed by Ahp 213.06.
Source. #8078,
eff 5-1-04
Ahp 213.06 Reopening the Record.
(a)
If no written proposal for decision pursuant to Ahp
213.07 (d) or decision pursuant to Ahp 213.07 (a) has
been issued, any party or intervenor may move to reopen the record for the
inclusion in the record of specified evidence or claims of law.
(b)
A motion pursuant to (a) above shall be granted if there is no objection
from any other party or intervenor and:
(1) The evidence sought to be included in the
record was not available at the time
of the hearing or the claim of law was inadvertently omitted; and
(2) The presiding officer determines that the
evidence or claim of law is relevant, material and
non-duplicative and its inclusion in the record is necessary to a full and fair
consideration of the issues to be decided.
(c)
If there is an objection from a party or intervenor to a motion made
pursuant to (a) above, the hearing shall be reopened for the purpose of receiving
evidence, permitting cross-examination and permitting
argument on the issue of reopening the record.
(d)
The presiding officer shall grant a motion made pursuant to (a) above
if, after the reopened hearing described in (c) above, the presiding officer
determines that the evidence sought to be included in the record was not
available at the time of the hearing or the claim of law was inadvertently
omitted and the evidence or claim of law is relevant, material and
non-duplicative and its inclusion in the record is necessary to a full and fair
consideration of the issues to be decided.
(e)
If the presiding officer permits the reopening of the record for the
admission of specified evidence or claim of law, the presiding officer shall
extend the hearing reopened pursuant to (c) for the purpose of receiving
evidence, permitting cross-examination and permitting
argument on the substance of the evidence or on the claim of law.
Source. #8078, eff 5-1-04
Ahp
213.07 Disposition.
(a)
The board shall issue a decision or order, whether or
not the record has been reopened pursuant to Ahp
213.06, based on:
(1) A hearing attended by a quorum of the board;
(2) A written proposal for disposition meeting
the requirements of paragraph (c) below; or
(3) A hearing held pursuant to paragraph (e) (2
).
(b)
The decision or order shall be in writing and dated.
(c)
A board member shall not participate in the board's disposition if he or
she has not personally heard all of the testimony in
the case, unless the disposition does not depend on the credibility of any
witness and the record provides a reasonable basis for evaluating the
testimony.
(d)
If a presiding officer has been delegated the authority to conduct the
hearing in the absence of a quorum of the board, the presiding officer shall
submit to the board a written proposal for disposition containing:
(1) The disposition proposed by the presiding officer;
(2) A statement of the reasons for the proposed
disposition; and
(3) Findings of fact and rulings of law necessary
to the proposed disposition.
(e)
If a proposed disposition submitted pursuant to paragraph (c) is adverse to a party or an intervenor, the board shall:
(1) Serve a copy of it on each party and
intervenor; and
(2) Provide an opportunity to file objections and
present briefs and oral arguments to the board.
(f)
The board shall keep a final decision in its records for at least 5
years following their dates of issuance, unless the director of the division of
records management and archives of the department of state sets a different
retention period pursuant to rules adopted under RSA 5:40.
Source. #8078,
eff 5-1-04
Ahp
213.08 Rehearing.
(a)
Rehearing shall be before a quorum of the board.
(b)
Within 30 days of the board's decision or order pursuant to Ahp 213.07 any party or person directly affected may
request rehearing of any matter determined in the proceeding or covered by the
decision or order by submitting a written motion specifying:
(1) The issues to be considered at the rehearing;
and
(2) Every ground on which it is claimed that the
decision or order is unlawful or unreasonable.
(c)
An objection to a motion for rehearing shall be submitted within 5 days
of the submission of the motion.
(d)
Within 10 days of the submission of the motion for rehearing the board
shall:
(1) Grant the motion;
(2) Deny the motion; or
(3)
Suspend the board's decision or order pending further consideration.
(e)
The board shall grant the motion for rehearing if it determines that, in
the original hearing it:
(1) Incorrectly assessed the relevant evidence;
(2) Incorrectly applied the relevant law; or
(3) Otherwise failed substantially to comply with
this chapter or acted in a manner which was unlawful or unreasonable.
Source. #8078,
eff 5-1-04
PART
Ahp 214
SETTLEMENTS
Ahp
214.01 Settlement of Disciplinary Issues.
(a)
Any licensee and governing board having a dispute over a disciplinary
matter shall have the opportunity to settle some or all of
the issues if there is no dispute between them about the material facts
underlying the issues.
(b)
To be effective, an agreement to settle shall be:
(1) In writing;
(2) Signed by the licensee; and
(3)
After the signing by the licensee, finalized as an order issued by the
governing board.
(c)
The signing by the licensee of an agreement to settle shall constitute a
waiver of the licensee's right to a hearing of the issues resolved by the
agreement.
Source. #8079, eff 5-1-04; EXPIRED: 5-1-12
New. #10143-A,
eff 6-7-12
PART
Ahp 215
RULEMAKING
Ahp
215.01 Petitions for Rulemaking.
(a)
Any person may seek the adoption, amendment or
repeal of a rule by submitting to the board a petition pursuant to RSA 541-A:4.
(b)
Each petition for rulemaking shall contain:
(1) The name and address of the individual
petitioner or, if the request is that of an organization or other entity, the identity of such
organization or entity and the name
and address of the representative authorized by the entity to file the petition;
(2) A statement of the purpose of the petition,
whether the adoption, amendment or repeal of a rule;
(3) If amendment or adoption of a rule is sought,
the text proposed;
(4) If amendment or repeal of a rule is sought,
identification of the current rule sought to be amended or repealed;
(5) Reference to the statutory provision that
authorizes or supports the rulemaking petition; and
(6) Information or argument useful to the board when deciding whether to begin the
rulemaking process.
Source. #8078,
eff 5-1-04
Ahp
215.02 Disposition of Petitions for
Rulemaking.
(a)
The board shall request additional information or argument from the
petitioner for rulemaking or from others
if such additional information or argument is required to reach a decision.
(b)
The board shall grant the petition for rulemaking if the adoption, amendment or repeal sought would not result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules one
with another; or
(5)
Excessive burden upon the board in terms of cost or a reduction in efficiency
or effectiveness.
(c)
Within 30 days of receipt of a sufficient petition the board shall
dispose of it in the following manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d)
The denial of a petition for rulemaking shall not entitle the petitioner
to a hearing.
Source. #8078,
eff 5-1-04
PART
Ahp 216 PUBLIC
COMMENT HEARINGS
Ahp
216.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #8078,
eff 5-1-04
Ahp
216.02 Public Access and
Participation.
(a)
Public comment hearings shall be open to the public, and members of the
public shall be entitled to testify, subject to the limitations of Ahp 216.03.
(b)
People who wish to testify shall be asked to write on the speaker's
list:
(1) Their full names and addresses; and
(2) The names and addresses of organizations, entities or other persons whom they represent, if any.
(c)
Written comments, which may be submitted in lieu of or in addition to
oral testimony, shall be accepted for 10 days after the adjournment of a
hearing or after the adjournment of a postponed or continued hearing.
Source. #8078,
eff 5-1-04
Ahp
216.03 Limitations on Public
Participation. The board's chair or
other person designated by the board to preside over a hearing shall:
(a)
Refuse to recognize for speaking or revoke the recognition of any person
who:
(1) Speaks or acts in an abusive or disruptive manner;
(2) Fails to keep comments relevant to the
proposed rules that are the subject matter of the hearing; or
(3) Restates more than once what he or she has
already stated; and
(b) Limit presentations on behalf of the same
organization or entity to no more than 3, provided that all those representing
such organization or entity may enter their names and addresses into the record
as supporting the position of the organization or entity.
Source. #8078,
eff 5-1-04
Ahp
216.04 Media Access. Public comment hearings shall be open to
print and electronic media, subject to the following limitations when such
limitations are necessary to allow a hearing to go forward:
(a)
Limitation of the number of media representatives when their number together
with the number of members of the public present exceeds the capacity of the
hearing room;
(b)
Limitation on the placement of cameras to specific locations within the
hearing room; or
(c)
Prohibition of interviews conducted within the hearing room before or
during the hearing.
Source. #8078,
eff 5-1-04
Ahp
216.05 Conduct of Public Comment
Hearings.
(a) Public comment hearings shall be
presided over by the board chair or a board member knowledgeable in the subject
area of the proposed rules who has been designated by the board to preside over
the hearing.
(b)
The chair or other person presiding over a hearing shall:
(1) Call the hearing to order;
(2) Identify the proposed rules that are the
subject matter of the hearing and provide copies of them upon request;
(3) Cause a recording of the hearing to be made;
(4) Recognize those who wish to be heard;
(5) If necessary, establish limits pursuant to Ahp 216.03 and Ahp 216.04;
(6) If necessary to permit the hearing to go forward
in an orderly manner, effect the removal of a person who speaks or acts in a
manner that is personally abusive or otherwise disrupts the hearing;
(7) If necessary, postpone or move the hearing;
and
(8) Adjourn or continue the hearing.
(c)
A hearing shall be postponed in accordance with RSA 541-A:11, IV when:
(1) The weather is so inclement that it is
reasonable to conclude that people wishing to attend the hearing will be unable
to do so;
(2) The board chair or other person designated by
the board to preside over the hearing is ill or unavoidably absent; or
(3) Postponement will facilitate greater
participation by the public.
(d) A hearing shall be moved to another location
in accordance with RSA 541-A:11, V when the original location is not able to
accommodate the number of people who wish to attend the hearing.
(e)
A hearing shall be continued past the scheduled time or to another date
in accordance with RSA 541-A:11, III when:
(1) The time available is not sufficient to give
each person who wishes to speak a reasonable opportunity to do so; or
(2) The capacity of the room in which the hearing
is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another
location.
Source. #8078,
eff 5-1-04
PART
Ahp 217
DECLARATORY RULINGS
Ahp
217.01 Requests for Declaratory
Rulings.
(a)
Any individual or entity may request a declaratory ruling by the board
if that individual or entity is directly affected by the applicable statute or
by any administrative rule.
(b)
A request for a declaratory ruling shall be in writing containing:
(1) The name and address of the individual or
entity making the request;
(2) The text of the ruling being requested;
(3) The reasons for the request; and
(4)
The following declaration signed by the individual making the request, the
authorized representative of such individual, or the authorized representative
of the entity making the request:
"I
declare that I have examined the request for a declaratory ruling, including
the accompanying documents, and state that, to the best of my knowledge and
belief, the facts presented in support of the requested declaratory ruling are
true, correct and complete."
Source. #8078,
eff 5-1-04
Ahp
217.02 Documents Required to Support
Requests for Declaratory Rulings.
(a)
A request for a declaratory ruling shall be accompanied by:
(1) A statement citing the statutory law,
regulatory law and orders believed to support the ruling being requested;
(2) A statement of the facts believed to support
the ruling being requested; and
(3) Supplementary material necessary to establish
or clarify the facts set forth in the statement of facts.
(b)
A request for a declaratory ruling may be accompanied by additional
material chosen by the person making the request.
Source. #8078,
eff 5-1-04
Ahp
217.03 Processing Requests for
Declaratory Rulings.
(a)
Within 30 days of receiving a request for a declaratory ruling the board
shall advise the individual or entity requesting it if the ruling will be
delayed by the need for additional information or the complexity of the issues
presented.
(b)
If additional information should be needed, the board shall specify the
additional information required and request that it be provided in a statement
of additional information that includes the declaration specified in Ahp 216.01(b)(4) and is accompanied by any material
necessary to establish or clarify the facts set forth in the statement.
Source. #8078,
eff 5-1-04
Ahp
217.04 Issuance and Publication of
Declaratory Rulings.
(a)
When facts sufficient to support a declaratory ruling have been established,
the board shall issue a written declaratory ruling which applies all relevant
law to the established facts.
(b)
When the established facts show that the board lacks subject matter or
personal jurisdiction to issue a declaratory ruling, the board shall issue a
written decision stating that it lacks jurisdiction to issue a declaratory
ruling and identifying the lack of jurisdiction.
(c)
Declaratory rulings shall be filed on the day of issuance with the
director of legislative services in accordance with RSA 541-A:16, II (b).
Source. #8078,
eff 5-1-04
Ahp
217.05 Effect of Declaratory Rulings. A declaratory ruling shall apply only to the
board and to the individual or entity requesting it and shall be confined to
the facts presented pursuant to Ahp 216.02 (a)(2)
through (a)(3) and in response to a request of the board made pursuant to Ahp 216.03 (b).
Source. #8078,
eff 5-1-04
PART
Ahp 218
EXPLANATION OF ADOPTED RULES
Ahp
218.01 Requests for Explanation of
Adopted Rules. Any interested person
may, within 30 days of the final adoption of a rule, request a written
explanation of that rule by making a written request to the board including:
(a)
The name and address of the individual making the request; or
(b)
If the request is that of an organization or other entity, the name and
address of such organization or entity and the name and address of the
representative authorized by the organization or entity to make the request.
Source. #8079, eff 5-1-04, EXPIRED: 5-1-12
New. #10143-A,
eff 6-7-12
Ahp
218.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Ahp 218.01, provide a
written response which:
(a)
Concisely states the meaning of the rule adopted;
(b)
Concisely states the principal reasons for and against the adoption of
the rule in its final form; and
(c)
States, if the board did so, why the board overruled any arguments and
considerations presented against the rule.
Source. #8079, eff 5-1-04, EXPIRED: 5-1-12
New.
#10143-A,
eff 6-7-12
PART
Ahp 219
VOLUNTARY SURRENDER OF LICENSES ISSUED BY GOVERNING BOARDS
Ahp 219.01 Procedure for Voluntary Surrender of
License. Any licensee wishing to
surrender his or her license shall submit to the appropriate governing board a
written statement of voluntary surrender of license.
Source. #8079, eff 5-1-04; EXPIRED: 5-1-12
New. #10143-B, eff 6-7-12
Ahp
219.02 Effectiveness of Submission of
Statement of Voluntary Surrender.
(a)
Except as set forth in (c) and (d) below, the submission of a written
statement of voluntary surrender of license shall be accepted by the governing board
and shall achieve the surrender of the license.
(b)
The surrender of a license in accordance with (a) above shall not
deprive the governing board of jurisdiction to take disciplinary action on the basis of acts or omissions of the licensee done before
the date of the surrender.
(c)
If the written statement of surrender is submitted during the governing
board's investigation of possible misconduct by the licensee, the submission shall
neither be accepted by the governing board nor achieve surrender of the
license.
(d)
If the written statement of surrender is submitted after the beginning
of disciplinary proceedings against the licensee, the submission, in order to be effective, shall be part of an order issued
in accordance with Ahp 214.01(b) and covering all
pending issues.
Source. #8079, eff 5-1-04, EXPIRED: 5-1-12
New. #10143-B, eff 6-7-12
Ahp
219.03 Results of Voluntary License
Surrender. A licensee who has
voluntarily surrendered a license shall not practice the profession which the
surrendered license previously entitled the licensee to practice unless the
license has been reinstated or a new license has been issued pursuant to the
rules of the appropriate governing board.
Source. #8079, eff 5-1-04, EXPIRED: 6-7-12
New. #10143-B, eff 6-7-12
CHAPTER
Ahp 300 FEES
CHARGED BY THE GOVERNING BOARDS
PART
Ahp 301
PURPOSE AND FEES
Ahp
301.01 Purpose of this Chapter. This chapter sets forth the fees which shall
be charged by the governing boards. The governing boards are individual
licensing boards which regulate the following professions:
(a)
Athletic training;
(b)
Genetic counselors;
(c)
Occupational therapy;
(d)
Physical therapy;
(e)
Respiratory care;
(f)
Speech language pathology; and
(g)
Recreational therapy.
Source. #7232, eff 4-15-00; ss by #8080, eff 5-1-04;
ss by #9012, eff 10-26-07; ss by #9201, eff 7-15-08; ss by #9555, eff 9-30-09,
EXPIRES: 9-30-17; ss by #12490, eff 3-14-18; ss by #12752, eff 4-3-19
Ahp
301.02 Fees.
(a)
The schedule of fees for licensure and for certification of
Speech-language assistants shall be as follows:
Type of Fee |
Fee |
Application
processing fee for initial license |
$ 60.00 |
Application
processing fee for initial certification |
$ 20.00 |
Initial
license (with a document suitable for framing) |
$110.00 |
Initial
certification (with a document suitable for framing) |
$ 55.00 |
Physical
Therapy Privilege to practice under the compact |
$
65.00 |
Replacement
of initial license or certificate document suitable for
framing |
$
35.00 |
Replacement
of pocket card |
$ 5.00 |
Temporary
initial license fee |
$100.00 |
Renewal
of license |
$110.00 |
Renewal
of certification |
$ 55.00 |
Late
filing for renewal of license |
$110.00 |
Late
filing for renewal of certificate |
$ 55.00 |
License
reinstatement |
$220.00 |
Certification
reinstatement |
$110.00 |
Transcribing
eligibility records for physical therapy examination |
$
1.00 |
Written
verification of status of license or certificate |
$ 25.00 |
List
of licensees and certificate holders of a single governing board issued by
e-mail |
$ 20.00 |
List
of licensees and certificate holders of a single governing board issued on
paper provided by the board |
$ 25.00 |
(b) The application processing fee for
an initial license shall not be refunded under any circumstances.
Source. #7232, eff 4-15-00; ss by #8080, eff 5-1-04;
ss by #9012, eff 10-26-07; ss by #9201, eff 7-15-08; ss by
#9555, eff 9-30-09, EXPIRES: 9-30-17; ss by #12490, eff 3-14-18; ss by #12752,
eff 4-3-19; ss by #12816, eff 6-27-19
CHAPTER
Ahp 400 Renewal, Continuing Education and Ongoing Requirements
Source. #7232, eff 4-15-00; rpld
by #8938, eff 7-17-07
CHAPTER
Ahp 500 Licensee Discipline, Administrative Fines and License Surrender
Source. #7232, eff 4-15-00; rpld
by #8081, eff 5-1-04
CHAPTER
Ahp 600 ALLIED HEALTH FORMS FOR GOVERNING BOARDS
PART
Ahp 601 FORMS
Ahp
601.01 Application For
Initial Licensure or Certification.
(a) The application form for initial licensure or
certification shall be the “Application for Initial Licensure or Certification”
form approved by the office of licensed allied health professionals board of
directors on April 12, 2018.
(b) The application form shall be provided by the
board.
(c) Applicants for full initial licensure and
provisional licensure shall submit the following to the board:
(1) A
completed “Application for Initial Licensure or Certification” form, revised
4/12/18, for which the applicant shall:
a.
Complete the entire form using a keyboard or by printing the information
legibly in ink; and
b.
Complete all sections of the entire form or designate them as not applicable;
(2) A “2
x 2” photograph of the applicants face taken within the
immediately preceding 6 months; and
(3) A
fee in accordance with Ahp 301.02.
(d) The application form in (c)(1) above shall
have the applicant’s notarized signature pursuant to Ahp
601.05.
Source. #12725, eff 2-15-19
Ahp 601.02 Application
for Reinstatement of Licensure or Certification.
(a) The application form for reinstatement of
licensure or certification shall be the “Application for Reinstatement of
Licensure or Certification” approved by the office of licensed allied health
professionals board of directors on April 12, 2018.
(b) The application form shall be provided by the
board.
(c) Applicants for full reinstatement of
licensure or certification shall submit the following to the board:
(1) A completed
“Application for Reinstatement of Licensure or Certification” form, revised
4/12/18, for which the applicant shall:
a.
Complete the entire form using a keyboard or by printing the information
legibly in ink; and
b.
Complete all sections of the entire form or designate them as not applicable;
(2) A “2
x 2” photograph of the applicants face taken within
the immediately preceding 6 months; and
(3) A
fee in accordance with Ahp 301.02.
(d) The application form in (c)(1) above shall
have the applicant’s notarized signature pursuant to Ahp
601.05.
Source. #12725, eff 2-15-19
Ahp 601.03 Renewal
Application of License or Certification.
(a) The application form for renewal of license
or certification shall be the “Renewal Application” form approved by the office
of licensed allied health professional board of directors on April 12, 2018.
(b) The application form shall be provided by the
board.
(c) The application form shall have the year the
renewal is taking place marked at the top of the form.
(d) Applicants for renewal of license or
certification shall submit the following to the board:
(1) A
completed “Renewal Application”, revised 4/12/18, for which the applicant
shall:
a.
Complete the entire form using a keyboard or by printing the information
legibly in ink; and
b.
Complete all sections of the entire form or designate them as not
applicable; and
c. Sign
and date the form; and
(2) A
fee in accordance with Ahp 301.02.
Source. #12725, eff 2-15-19
Ahp 601.04 Application For
Temporary Licensure.
(a)
The application form for temporary licensure shall be the “Application
for Temporary Initial Licensure” form approved by the office of licensed allied
health professionals board of directors on April 1, 2019.
(b)
The application form shall be provided by the board.
(c)
Applicants for temporary licensure shall submit the following to the
board:
(1) A completed application for full licensure;
(2) A completed “Application for Temporary Initial
Licensure” form, revised 4/1/2019, for which the applicant shall:
a. Complete the entire form using a keyboard or
by printing the information legibly in ink; and
b. Complete all sections of the entire form or
designate them as not applicable;
(3) Proof the applicant holds an unencumbered
license from either Connecticut, Rhode Island, Massachusetts, Maine, New York,
or Vermont, as required by RSA 328-F:18, VI; and
(4) A fee in accordance with Ahp
301.02.
(d)
The application form in (c)(2) above shall have the applicant’s
notarized signature pursuant to Ahp 601.07.
(e)
Pursuant to RSA 161-B:11, VI-a, the applicant shall furnish his or her
social security number on the application form.
Source. #12846, eff 8-13-19
Ahp 601.05 Certification on Application Forms.
(a)
The applicant shall provide a notarized signature on the following
preprinted statement contained on the applicable form described in Ahp 601.01, Ahp 601.02, Ahp 601.03, and 601.04.
“I
acknowledge that knowingly making a false statement on this application form is
a misdemeanor under RSA 641:2, I. I certify that the information I have
provided on all parts of the application form and in the documents that I have
personally submitted to support my application is complete and accurate to the
best of my knowledge and belief.
I
also certify that I have read the statute and the rules of the Board and
promise that, if I am licensed, I will abide by them. Based on the statute and rules governing the profession for which I am
applying I have not committed any acts that would be grounds for disciplinary
action in this or any other State.
If I am given a
“Temporary License” to practice in the State of New Hampshire I attest to the fact
that I am eligible for full licensure meeting all requirements set forth in the
Board’s Administrative rules including any active in the profession
requirements.”
Source. #12725, eff 2-15-19;
ss by #12846, eff 8-13-19 (formerly Ahp 601.04)
Ahp 601.06 Supervision Form.
(a)
The supervision form shall be the “Supervision Form” approved by the
office of licensed allied health professionals board of directors on April 12,
2018.
(b)
The individual to be supervised shall:
(1) Legibly complete the portion of the
“Supervision Form”, revised 4/12/18, designated “to be completed by the person
to be supervised”; and
(2) Complete in ink or using a keyboard;
(c)
The individual who intends to provide supervision shall submit to the
board a completed “Supervision Form”, revised 4/12/18, for which the supervisor
shall:
(1) Legibly complete the portion of the form
designated “to be completed by the supervisor”;
(2) Complete in ink or using a keyboard; and
(3) Sign and date the form.
(d)
The signature required on the form in (c) above shall attest to the fact
that the supervisor:
(1) Has read and understands the rules or order
of the board governing the supervision;
(2) Agrees to undertake the duties of supervision;
(3) Agrees to take responsibility for the acts
and omissions of any individual to whom the signer delegates the duties of
supervision; and
(4) Agrees with the statement of understanding
that the failure of the signer or the signer's delegate to follow the rules or
order of the board governing the supervision has the potential to subject the
signer to disciplinary sanctions.
Source. #12725, eff 2-15-19;
renumbered by #12846 (formerly Ahp 601.05)
Ahp 601.07 Effect of Notarized Signature. The effect of the applicant’s notarized
signature on any form shall be:
(a) The applicant’s acknowledgement that
knowingly making a false statement on the application form is a misdemeanor
under RSA 641:2, I;
(b) The applicant’s certification that:
(1) The
information provided on all of the parts of the
application form and in the documents personally submitted to support the
application is complete and accurate to the best of the applicant’s knowledge and
belief; and
(2) The applicant has read the statutes and
administrative rules of the board; and
(c) The applicant’s promise to abide by the
statutes and administrative rules of the board.
Source. #12725, eff 2-15-19;
renumbered by #12846 (formerly Ahp 601.06)
PART
Ahp 602 RESERVED
Ahp 602.01 Reserved
Source. #12725, eff 2-15-19; rpld
by #13626, eff 6-26-23
Appendix
Rule |
Specific State Statute the Rule
Implements |
|
|
Ahp 101 - 102 |
RSA 541-A:7 |
Ahp 103.01 |
RSA 328-F:3, II |
Ahp 103.02 |
RSA 328-F:13 |
Ahp 103.03 |
RSA 328-F:12,
III |
Ahp 103.04 |
RSA 328-F:12 |
Ahp 103.05 |
RSA 328-F:12; RSA
541-A:16, I(a) |
Ahp 104.01 - 104.02 |
RSA 541-A:16,
I(a) |
Ahp 104.03 |
RSA 91-A:4 |
Ahp 105 |
RSA 91-A:4; RSA
541-A:16, I(b) intro. |
|
|
Ahp 201.01 |
RSA-F:13,
RSA 328-F:24, RSA 328-F:29, III |
Ahp
201.01(a) |
RSA
541-A:16, I(b) |
Ahp
201.01(b) |
RSA
328-F:13, II |
Ahp 202 |
RSA
541-A:7 |
Ahp 203 |
RSA
541-A:16, I(b) |
Ahp 204.01 |
RSA
541-A:16, I(b); RSA541-A:31, V(a); RSA 541-A:38 |
Ahp 204.02 |
RSA
541-A:16, I(b) |
Ahp 204.03 |
RSA
541-A:30-a, I; RSA 541-A:31, I |
Ahp 205.01
(a) and (b)(1) through (3) |
RSA
541-A:16, I(b); RSA 541-A:31, V(b) and (c) |
Ahp 205.01(b)(4) |
RSA
328-F:24, IV(c) |
Ahp 205.01
(b)(5) through (9) |
RSA
541-A:16, I(b); RSA 541-A:31, V(b) and (c) |
Ahp 205.02 |
RSA
541-A:30-a, III(k) |
Ahp 205.03 |
RSA
541-A:30-a, III(j) |
Ahp 206 |
RSA
541-A:30-a, III(f); RSA 541-A:16, IV |
Ahp 207 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(a) |
Ahp
208.01(a) |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(a) |
Ahp
208.01(b) |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(a); RSA
541-A:31, VI(b) |
Ahp
208.01(c) and (d) |
RSA
541-A:16, I(b) |
Ahp
208.01(e) and (f) |
RSA
541-A:16, I(b); RSA 541-A:31, IV |
Ahp
209.01(a) and (b) |
RSA
541-A:16, I(b); RSA 541:30-a, I; RSA 541-A:31, III |
Ahp 209.02 |
RSA
541-A:30, III |
Ahp 209.03 |
RSA
541-A:16, I(b); RSA 541-A:30-a, III(b) |
Ahp
209.04(a) |
RSA
541-A:16, I(b); RSA 541-A:31, V(b) |
Ahp 209.04(b) |
RSA
541-A:16, I(b); RSA 541-A:31, V(c) |
Ahp 209.05
(a) |
RSA
541-A:16, I(b); RSA 541-A:31, VII |
Ahp
209.05(b) |
RSA
541-A:30, III |
Ahp
209.05(c) |
RSA
541-A:16, I(b); RSA 541-A:31, VII |
Ahp 210 |
RSA
541-A:30-a, III(g) |
Ahp 210.01 |
RSA
541-A:32, I and II |
Ahp
210.02(a) |
RSA
541-A:16, I(b) |
Ahp
210.02(b) |
RSA
541-A:32, III |
Ahp
210.02(c) |
RSA
541-A:16, I(b) |
Ahp 210.03 |
RSA
328-F:24 |
Ahp 211.01 |
RSA
541-A:30-a, III(h) |
Ahp 211.02 |
RSA
541-A:16, I(b); RSA 541-A, I |
Ahp 212 |
RSA
541-A:16, I(b); RSA 541-A, I; RSA 541-A:30-a, III(c) |
Ahp 213.01 |
RSA
541-A:16, I(b); RSA 541-A, I; RSA
541-A:30-a, III(d) and (e) |
Ahp
213.02(a) and (b) |
RSA
541-A:16, I(b); RSA 541-A:30-a, I |
Ahp
213.02(c) and (f) |
RSA
541-A:32, III |
Ahp
213.02(e) and (g) |
RSA
541-A:16, I(b); RSA 541-A:30-a, I; RSA 541-A:31, IV |
Ahp 213.03 |
RSA
541-A:33; RSA 541-A:30-a, I |
Ahp 213.04
and 213.05 |
RSA
541-A:16, I(b); RSA 541-A:30-a, I |
Ahp 213.06 |
RSA
541-A:16, I(b); RSA 541-A:30-a, I; RSA 541-A:30-a, III(i) |
Ahp
213.07(a) and (b) |
RSA
541-A:16, I(b); RSA 541-A:30-a, I |
Ahp
213.07(c) through (e) |
RSA
541-A:16, I(b); RSA 541-A:30-a, I; RSA 541-A:34 |
Ahp 213.07
(f) |
RSA
541-A:30-a, III(l) |
Ahp 213.08 |
RSA
541-A:16, I(b); RSA 541-A:30-a, I |
Ahp 214 |
RSA
541-A:16, I(b); RSA 541-A:31, V(a) |
Ahp 215 |
RSA
541-A:16, I(c) |
Ahp 216 |
RSA
541-A:16, I(b)(3) |
Ahp 217 |
RSA
541-A:16, I(d) |
Ahp 218 |
RSA
541-A:11, VII |
Ahp 219 |
RSA
541-A:16, I(b); RSA 328-F:29, III |
|
|
Ahp 301.01 |
RSA
328-F:13, III |
Ahp 301.02 |
RSA
328-F:13, III; RSA 328-F:18, VI |
|
|
Ahp 601.01 |
RSA
328-F:13, IV |
Ahp 601.02 |
RSA
328-F:13, IV |
Ahp 601.03 |
RSA
328-F:13, IV |
Ahp 601.04 |
RSA
328-F:18, VI; RSA 328-F:13, V |
Ahp 601.05 |
RSA
328-F:13, IV |
Ahp 601.06 |
RSA
328-F:13, IV |
Ahp 601.07 |
RSA
328-F:13, IV |
Ahp 602 -
Reserved |
|