CHAPTER Mtec 300
REGISTRATION REQUIREMENTS, APPLICATIONS AND FEES
Mtec 301.01 Definitions. The following terms shall have the meaning
indicated when used in this chapter:
(a) “Access” means the permission, liberty, or
ability to enter, approach, or pass to and from a place or to approach or
communicate with a person or thing; and the freedom or ability to obtain or
make use of something;
(b) “Applicant” means a person who seeks
registration as a medical technician in New Hampshire;
(c) “Controlled substance” means controlled
substance as scheduled pursuant to the federal Controlled Substance Act, 21
U.S.C. 801, and as defined by the term “controlled drug” or “controlled drug
analog” pursuant to RSA 318-B:1, VI and VI-a;
(d) “Health care facility”' means “health care
facilities” as defined in RSA
328-I:1,
IV;
(e) “Health services'” means clinically related
diagnostic, treatment, or rehabilitative services, as well as preventive
services, and includes, without limitation, alcohol, drug abuse, and mental
health services;
(f) “Medical establishment”' means “medical
establishment” as defined in RSA 328-I:1, V; and
(g) “Medical
technician'” means “medical technician” as defined in RSA 328-I, VI. The term does not include nurses licensed in
another state who are working in New Hampshire under the Nurse Licensure
Compact. The term also does not include
those staff who perform non-medical functions supporting the clients or
residents of those facilities with activities of daily living such as
housekeeping, security, maintenance, dietary, cooking, bathing, dressing, and
administration of the clients’ or residents’ prescribed medications.
Source. #11091-B, eff 5-5-16; ss by #12710, eff
1-11-19
PART Mtec 302 GENERAL
ADMINISTRATION
Mtec
302.01 Forms.
(a)
Whenever a person is required to complete a form, the following shall
apply:
(1) Forms shall be filled out completely;
(2) Forms shall be completed in a legible manner;
and
(3) Forms shall be completed in non-fading,
non-erasable ink, or computer printing.
Source. #11091-B, eff 5-5-16
Mtec
302.02 Incomplete Form.
(a)
All forms shall be reviewed by the board or its designee upon filing.
(b)
The submitting party shall be notified of any apparent errors or
omissions and allowed to resubmit the form to the board within 60 days of the
date notice is sent to the applicant.
Source. #11091-B, eff 5-5-16
Mtec
302.03 Failure to Comply with Statute
or Rule.
(a)
In the event an applicant fails to comply with an applicable statute or
rule, the request for registration application shall not be approved by the
board.
(b)
The applicant shall be notified in writing of the reason(s) for the
rejection and given a period of 60 days from the date the notice is sent to
come into compliance, or seek a hearing before the board to contest the issue.
Source. #11091-B, eff 5-5-16
Mtec
302.04 Fees, Form of Payment. Whenever an applicant makes payment to the
board for satisfaction of a fee, the following shall apply:
(a)
Payment shall be made in the form of cash, check, or money order;
(b)
Checks and money orders shall be made payable to "Treasurer, State
of
(c)
Unless otherwise provided in these rules, any fee prescribed by statute
or rule shall be submitted at the same time as the application.
Source. #11091-B, eff 5-5-16
Mtec
302.05 Checks.
(a)
Post-dated checks shall not be accepted.
(b)
Checks shall be for the exact amount due to the board.
(c)
No two-party check shall be accepted.
(d)
No check shall be accepted which is dated more than 90 days prior to
receipt. In such an event the
application shall be rejected and the applicant shall be notified.
Source. #11091-B, eff 5-5-16
Mtec 302.06 Legal
Address.
(a) Whenever a registrant is required to furnish
his or her address by statute or rule, he or she shall provide both a physical
address and, if applicable, a mailing address.
Source. #11091-B, eff 5-5-16; ss by #12710, eff
1-11-19
Mtec
302.07 Change of Address or
Employment.
Any medical technician who changes his
or her place or status of employment in
(a)
Name;
(b)
Date of birth;
(c)
Old address;
(d)
New address;
(e)
New place of employment; or
(f)
New status with an existing employer.
Source. #11091-B, eff 5-5-16
Mtec
302.08 Change of Name.
(a)
Whenever a registrant alters his or her legal name, the registrant shall
within 30 days furnish the following information in writing to the board:
(1) Date of birth;
(2) Former name;
(3) New name; and
(4) Signature of the registrant.
(b)
As evidence of a new name, a registrant shall present a copy of one of
the following:
(1) Name change petition from the court of
probate in the place where the action occurred;
(2) Marriage certificate;
(3) Divorce decree;
(4) Passport;
(5) Adoption decree;
(6) Court decree; or
(7) Other document issued by a government or
public agency in the place where the action occurred that conclusively shows a
legally binding change of name.
Source. #11091-B, eff 5-5-16
PART Mtec 303 DUTY TO
REGISTER
Mtec
303.01 Duty to Register.
(a)
Any health care worker who seeks
to assist a licensed health care professional in the diagnosis, treatment, and
prevention of disease as an employee in any health care facility or medical
establishment located in New Hampshire shall register with the board prior to:
(1) Having access to controlled substances; and
(2) Access to or contact with patients.
(b)
Any health care worker who seeks
to assist a licensed health care professional in the diagnosis, treatment, and
prevention of disease as an employee in any health care facility or medical
establishment located in New Hampshire shall be excused from the duty to
register with the board if:
(1) The person has no access to controlled
substances or, access to or contact with patients; or
(2) The person is licensed or registered by a
Source. #11091-B, eff 5-5-16
Mtec
303.02 Ongoing Duty of Medical
Technician.
(a)
The duty to register with the board shall continue so long as the health
care worker:
(1) Acts to assist a licensed health care
professional in the diagnosis, treatment, and prevention of disease as an
employee of any health care facility or medical establishment located in
(2) Has access to controlled substances; and
(3) Has Access to or contact with patients.
(b)
The duty to register shall be based upon ongoing assigned duties of the
technician in the health care facility or medical establishment, and not be
excused by:
(1) Reliance upon a written job description,
meaning the official posting by the human resource department or an office
manager of the facility or establishment for the position which the technician
was hired to fulfill that includes all of the duties and responsibilities of
the position; or;
(2) Reliance
upon a written personnel or policy manual of the facility or establishment.
Source. #11091-B, eff 5-5-16
Mtec
303.03 Duty of Health Care Facility
or Medical Establishment.
(a)
Pursuant to RSA 328-I: 5, every health care facility and medical
establishment employing one or more medical technicians shall ensure that such
technicians are registered in compliance with this chapter.
(b)
Pursuant to RSA 328-I:10, III, every health care facility or medical
establishment employing a medical technician shall report to the board
instances of the following conduct which
results in the imposition of discipline or termination of the employment
relationship:
(1) Professional misconduct; or
(2) Violation of an organizational rule or
procedure involving a controlled substance.
Source. #11091-B, eff 5-5-16
Mtec
303.04 Disciplinary Sanctions for
Breach of Duty.
(a)
The purpose of disciplinary sanction shall be to:
(1) Protect public health and safety, both as to
the complainant and the public; and
(2) Prevent future misconduct by a registrant
through correction of deficiencies which led to the finding of misconduct;
(b)
In addition to the conduct described in RSA 328-I:10, V, the board shall
consider the following conduct as aggravating factors:
(1) The misconduct caused, or had the potential
to cause, physical or mental harm to the client, patient or another person;
(2) The misconduct repeated earlier misconduct by
a registrant, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated on
the same misconduct by the registrant; or
c. An admission by the registrant; or
(3) The misconduct was intentional, rather than
the result of negligence or inadvertence.
(c)
In considering which sanction or combination of sanctions to impose, the
board shall consider the following conduct as mitigating factors:
(1) The misconduct did not cause, or have the
potential to cause, physical or mental harm to the client, patient or another
person;
(2) The misconduct is the first misconduct of
this type by the registrant reported to board;
(3) The misconduct was the result of mistake,
lack of due care, or inadvertence;
(4) The registrant either self-reported the
misconduct, or cooperated fully in the investigation of a complaint made by
another person;
(5) The registrant has proposed a corrective
action plan which will fully meet the purposes of disciplinary sanction noted
above.
(d)
Based upon its findings, the board shall take disciplinary action by imposing
one or more of the sanctions permitted by RSA 328-I:10.
Source. #11091-B, eff 5-5-16
PART Mtec 304 APPLICATION
PROCESS
Mtec 304.01 Application.
(a) Persons wishing to register as a medical
technician in New Hampshire shall apply to the board by submitting the
following:
(1) A
completed application on the “Application For Registration of Medical
Technicians” form provided by the board, which contains the information
specified by Mtec 304.01 (b);
(2)
Criminal history records check form and fingerprint card, seeking both a
NH and a federal records check in accordance with the procedure specified by
the NH Department of Safety at Saf-C 5700, Operation of
the Central Repository: Criminal Records with the required fee;
(3) A 2
inch by 2 inch passport quality photograph taken within 90 days of the date of
the application; and
(4) The
fee as required by RSA 328-I:6, I.
(b) The applicant shall supply the following
information on the “Application For Registration of Medical Technicians” form:
(1)
Legal name, as it should appear on the registration;
(2) Any
other name used, including a maiden name, if different from (1) above;
(3)
Home street and mailing address, and telephone number;
(4)
Place of current employment, with business address and telephone number;
(5)
Personally identifying information of the applicant, to include:
a.
Birthplace;
b. Date
of birth;
c. Sex;
d.
Social security number, pursuant to RSA 161-B: 11,VII-a; and
e.
Current personal email address, if applicable;
(6) The
applicant’s intended or current occupation, profession, or job;
(7) A
list of all places where the applicant was employed at any time during the 10
year period ending upon the date of the application, together with:
a. The
name and address of the employer;
b.
Dates that the employment began and ended; and
c. The
reason for leaving the employment;
(8) A
“Yes” or “no” answer to the following questions:
a. "Have you ever received disciplinary
action against any license, certification or registration in any state or
jurisdiction, including reprimand, probation, suspension, revocation, education
or practice stipulations, fines or voluntary surrender?"
b.
"Are you currently, or have you previously been impaired by or
diverted any chemical substances that impaired your ability to practice?"
c.
"Have you ever been convicted of a felony under the laws of the
United States or any state or any offense involving moral turpitude?"; and
(9) The
applicant's signature on a statement, which shall be signed, dated and
acknowledged before a notary public or justice of the peace that:
a. The
information and documentation provided on all parts of the application form and
submitted to support the application is complete and accurate to the best of
the applicant’s information and belief; and
b. Knowingly
making a false statement in the application is a misdemeanor under RSA 641:2,
I; and
c. The applicant has read RSA 328-I and the
rules of the board, and promises that if registered, will abide by them.
(c) In addition to the application, the applicant
shall attach a letter of explanation for any “yes” answer to any of the
questions listed in (b)(8) above.
Source. #11091-B, eff 5-5-16; ss by #12710, eff
1-11-19
Mtec 304.02 Qualifications.
(a) No application for registration as a medical
technician shall be approved if any of the following are present:
(1)
A finding by the board that the applicant, or someone acting on the
applicant’s behalf, has submitted a materially false statement or concealed or
omitted a material fact in connection with the application;
(2)
Receipt of evidence of suspension or denial of a requested registration,
license or certificate by this board, or another registration body, licensing
body or professional association;
(3)
Receipt of evidence of convictions of a felony under the laws of the
United States or any state or any lesser criminal offense involving moral
turpitude, including but not limited to:
a.
Assault and related offenses as defined in RSA 631;
b.
Sexual assault and related offenses as defined in RSA 632-a;
c.
Interference with freedom as defined in RSA 633;
d.
Theft as defined in RSA 637; or
e.
Fraud as defined in RSA 638;
(4)
A finding by the board that the applicant has willfully or repeatedly
failed to comply with any other provision of this chapter or any rules adopted
by the board; or
(5)
A finding by the board that the applicant is a habitual user of drugs or
intoxicants.
(b) An applicant shall not be disqualified for
certification or licensure for an act described in Mtec
304.02(a)(3) if the board finds that the applicant has made sufficient
restitution or has been rehabilitated in accordance with the following
criteria:
(1)
The applicant is in compliance with orders entered by a court of
competent jurisdiction in this state, another state, or the United States,
including any applicable conditions of probation or parole;
(2)
The behavior involved in the act or omission does not prevent the
applicant from safely providing to the public the services for which
certification or licensure is sought;
(3)
If the act or omission is the result of the applicant’s abuse of
substances, that such behavior has been treated and is presently controlled;
and
(4)
Other facts or circumstances exist which demonstrate that the applicant
has made sufficient restitution or been rehabilitated such that he or she can
practice safely, honestly, and in accordance with RSA 328-I and these administrative
rules.
Source. #11091-B, eff 5-5-16; ss by #12355, eff
8-2-17
Mtec
304.03 Processing.
(a)
An application shall be considered to be on file with the board as of
the date the board has received:
(1) A fully completed application form with
passport photograph;
(2) Proof that the required criminal history records
check form and fingerprint card has been submitted to the department of safety;
and
(3) Proof that the applicant’s fee check has been
deposited and cleared, if applicable.
(b)
Within 60 days of the date the application is on file with the board,
the board shall request the applicant to provide additional information or
documentation determined to be needed to clarify the application or any
materials related to the application.
(c)
The board shall approve, approve on a temporary basis, or deny the
application within a reasonable time, not to exceed 90 days from:
(1) The date the application is on file with the
board; or
(2) The date of the response to a request
pursuant to Mtec 304.03(b).
(d)
If the application is approved, a certificate of registration shall be
issued for a term of 2 years.
(e)
Pursuant to RSA 328-I: 6, VI, if an application for registration is
complete, but the criminal history records check results have not been
received, a temporary registration shall be issued for a period of 180 days,
expressly conditioned upon receipt of the criminal history records check
result.
(f)
Upon receipt of the criminal history records check result for a holder
of a temporary registration:
(1) If such report shows no offense sufficient to
deny registration pursuant to RSA 328-I:9, the staff of the board shall issue a
certificate of registration; or
(2) If such report shows an offense sufficient to
deny registration pursuant to RSA 328-I:9, the staff of the board shall refer
the matter to the board for hearing and decision.
(g)
Pursuant to RSA 328-I:9, the board shall refuse to issue a registration to
any applicant who it finds has failed to submit a complete application or does
not meet the qualifications required by Mtec 304.02.
(h)
If the board refuses to issue a certificate of registration, it shall
provide written notice to the applicant of his or her right to request a
hearing pursuant to Mtec 205 for reconsideration of
the deficiency issues identified in the notice.
(i) Any such request for a hearing shall be
submitted to the board within 30 days from the date of the board’s notification
of refusal to issue a registration, failing which the refusal shall be deemed
final.
Source. #11091-B, eff 5-5-16
PART Mtec 305 FEES
Mtec
305.01 Fees.
In addition to any fee imposed by RSA
328-I: 6 or :9, a fee of $110.00 shall be charged by the board for
reinstatement of a lapsed registration.
Source. #11091-B, eff 5-5-16
APPENDIX
|
Rule |
Specific State Statute the
Rule Implements |
|
|
|
|
Mtec
301.01-305.01 |
RSA
328-I:4; 328-I:3, X |
|
Mtec
303.01-303.03 |
RSA
328-I:5; 328-I:7; 328-I:10 |
|
Mtec
304.01 |
RSA
328:I:6-7 |
|
Mtec
304.02 |
RSA
328-I:6-9 |