CHAPTER Pod 100  ORGANIZATION, DEFINITIONS AND PUBLIC INFORMATION

 

PART Pod 101  PURPOSE AND SCOPE

 

          Pod 101.01  Purpose and Scope.  The rules of this title implement the statutory responsibilities of the New Hampshire board of podiatry under RSA 315.

 

Source.   #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

PART Pod 102  DEFINITIONS

 

          Pod 102.01  Terms Used.  As used in these rules, the following terms shall have the meanings indicated:

 

          (a)  "Administrative assistant" means the board's staff director who assists the board in performing the functions specified in RSA 315:5 and such other duties as the board prescribes.

 

          (b)  "Board" means the New Hampshire board of podiatry created by RSA 315:1.

 

          (c)  "Clearance" means a verification from another state board stating that the applicant's license is current and in good standing.

 

          (d)  "Disciplinary proceeding" means an adjudicatory proceeding commenced by the board for the purpose of examining possible professional misconduct by a licensee.

 

          (e)  "Practice of podiatry" means the diagnosis and treatment of ailments of the human foot and lower leg by any medical, mechanical, electrical and surgical means available.

 

          (f)  "Podiatrist" means a doctor of podiatric medicine holding a license to practice podiatry issued by the board under RSA 315:8.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

PART Pod 103  AGENCY ORGANIZATION

 

          Pod 103.01  Composition of the Board.  The board consists of 5 members who meet the eligibility requirements of RSA 315:1.  The board is made up of 4 licensed podiatrists and one member who is a representative of the general public and is unconnected with the podiatry profession.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

          Pod 103.02  Duties of the Board.  The duties of the board include, but are not limited to:

 

          (a)  Examination and licensing of podiatrists;

 

          (b)  Oversight and discipline of licensees;

 

          (c)  Development of ethical and other professional standards to be followed by licensees;

 

          (d)  Development of continuing professional education requirements and other prerequisites for the renewal or reinstatement of licenses;

 

          (e)  Study and preservation of information concerning the practice of podiatry; and

 

          (f)  Identification and prevention of the unauthorized practice of podiatry.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

          Pod 103.03  Staff.  The board employs an administrative assistant and such other staff members as are necessary to assist with the record-keeping and other statutory functions of the board and oversee the board's day-to-day operations.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

          Pod 103.04  Office Hours, Office Location, Mailing Address and Telephone.

 

          (a)  The board's offices are located at:

 

Philbrook Building

121 South Fruit Street

Concord, New Hampshire 03301.

 

          (b)  The board’s offices are open to the public Monday through Friday, excluding holidays, from 8:00 a.m. to 4:00 p.m.

 

          (c)  Correspondence shall be addressed to the board's administrative assistant at the location stated in Pod 103.04(a).

 

          (d)  The board's telephone number is (603) 271-1203.

 

Source.  #7819, eff 1-7-03

 

PART Pod 104  PUBLIC INFORMATION

 

          Pod 104.01  Record of Official Actions.  Minutes shall be kept of all board meetings and all official actions taken by the board.  These minutes shall record those members who participate in each vote and shall separately record the position of any members who choose to dissent, abstain or concur.  Board minutes of actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and 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.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

          Pod 104.02  Custodian of Records.  The board's administrative assistant shall be the custodian of its records and shall respond to requests to examine those portions of the board's records which are subject to public inspection or which may otherwise be properly examined by the person requesting access.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

          Pod 104.03  Copies of Records.  Persons desiring copies of board records shall make a request which identifies as particularly as possible the information being sought and which agrees to pay the board's copying fee of $.25 per page.  If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

PART Pod 105  MEETINGS, DELIBERATIONS AND DECISIONS

 

          Pod 105.01  Meetings.  The board shall meet quarterly and schedule such additional meetings as business requires.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

          Pod 105.02  Necessary Quorum.  No decision shall be made by the board nor hearing conducted without a quorum present.  Members who are recused because of a conflict of interest shall not be counted in determining a quorum.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

          Pod 105.03  Tentative Decisions.

 

          (a)  The board shall, during any meeting, as appropriate under the circumstances of the case, instruct its staff or a committee of the board to prepare a document, subject to the final review and approval of the board.  Such instructions shall be known as tentative decisions.

 

          (b)  Tentative decisions shall not be final actions and shall not be binding upon the board.  The board shall change its instructions and shall modify the form or the substance of a tentative decision as often as is required to produce a final document which satisfactorily sets forth the final result the board intends to reach.  The board's final decision shall be issued only when the necessary majority has voted in favor of the final form of the proposed action, allowing time for printing the document in question.

 

          (c)  A member who was absent from the meeting at which a tentative decision was made shall participate in the vote on a final proposal prepared in accordance with the instructions given in the tentative decision if the member is not recused because of a conflict of interest.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

PART Pod 106  APPOINTMENT OF SUBCOMMITTEES

 

          Pod 106.01  Subcommittees.

 

          (a)  The board shall form subcommittees of one or more of its members to investigate and make recommendations on matters which could be handled by the full board.

 

          (b)  Subcommittees shall, with the express approval of the board:

 

(1)  Enlist the assistance of qualified non-board members to serve as advisory members of such a subcommittee; and

 

(2)  Retain advisors or consultants.

 

          (c)  Subcommittees shall be chaired by a member of the board.

 

          (d)  The board shall appoint volunteers to advisory committees which contain no members of the board for the purpose of preparing special reports or projects of interest to the board, or both.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7819, eff 1-7-03

 

CHAPTER Pod 200  PRACTICE AND PROCEDURE

 

PART Pod 201  PURPOSE AND SCOPE

 

          Pod 201.01  Purpose and Scope.  The purpose of this chapter is to set out the process by which the board acquires sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications and complaints filed against licensees.  These rules are intended to secure the just, efficient and accurate resolution of all board proceedings.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

PART Pod 202  DEFINITIONS

 

          Pod 202.01  Definitions.

 

          (a)  “Appearance” means a written notification to the board that a party’s or intervener's representative intends to actively participate in a hearing.

 

          (b)  “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

 

          (c)  “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

 

          (d)  “Natural person” means a human being.

 

          (e)  “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or board named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.”

 

          (f)  “Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a board.”

 

          (g)  “Presiding officer” means "presiding" officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the board has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the board.”

 

          (h)  “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

PART Pod 203  PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

 

          Pod 203.01  Presiding Officer; Appointment; Authority.

 

          (a)  Each hearing shall be conducted for the board by a natural person appointed by the board to serve as a presiding officer.

 

          (b)  A presiding officer shall as necessary:

 

(1)  Regulate and control the course of a hearing;

 

(2)  Facilitate an informal resolution acceptable to all parties;

 

(3)  Administer oaths and affirmations;

 

(4)  Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

 

(5)  Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

 

(6)  Question any person who testifies to develop a full and complete record;

 

(7)  Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

 

(8)  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.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 203.02  Withdrawal of Presiding Officer.

 

          (a)  Upon his or her own initiative or upon the motion of any party or intervener, a presiding officer or board official shall, for good cause, withdraw from any hearing.

 

          (b)  Good cause shall exist if a presiding officer or board official:

 

(1)  Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship;

 

(2)  Has made any statement or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

 

(3)  Personally believes that he or she cannot fairly judge the facts of a case.

 

          (c)  Mere knowledge of the issues, the parties, the interveners or any witness shall not constitute good cause for withdrawal.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 203.03  Waiver or Suspension of Rules by Presiding Officer.  The presiding officer, upon his or her own initiative or upon the motion of any party or intervener, shall suspend or waive any requirement or limitation imposed by this chapter upon notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

PART Pod 204  FILING, FORMAT AND  DELIVERY OF DOCUMENTS

 

          Pod 204.01  Date of Issuance or Filing.  All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of business.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod  204.02  Format of Documents.

 

          (a)  All correspondence, pleadings, motions or other documents filed under these rules shall:

 

(1)  Include the title and docket number of the proceeding, if known;

 

(2)  Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

 

(3)  Be signed by the party or proponent of the document, or, if the party or intervener 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 interveners to the proceeding in compliance with Pod 204.03.

 

          (b)  A party’s, intervener's or representative's signature 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.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 204.03  Delivery of Documents.

 

          (a)  Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party or intervener to a proceeding governed by these rules shall be delivered  by that party or intervener to all other parties or interveners or, if represented, to the representative to the proceeding.

 

          (b)  All notices, orders, decisions or other documents issued by the presiding officer or board shall be delivered to all parties and interveners to the proceeding.

 

          (c)  Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the party and intervener.

 

          (d)  When a party or intervener appears by a representative, delivery of a document to the party's or intervener's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party or intervener.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

PART Pod 205  TIME PERIODS

 

          Pod 205.01  Computation of Time.

 

          (a)  Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

 

          (b)  Computation of any period of time referred to in these rules 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 legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

PART Pod 206  MOTIONS AND PLEADINGS

 

          Pod 206.01  Motions; Objections.

 

          (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 on the basis of information which was not received in time to prepare a written motion.

 

          (b)  Oral motions and any oral objection 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 moving party or intervener to submit the motion in writing, with supporting information.

 

          (c)  Objections to written motions shall be filed within 30 days of the date of the motion.

 

          (d)  Failure by an opposing party or intervener to object to a motion shall not in and of itself constitute grounds for granting the motion.

 

          (e)  The presiding officer shall rule upon a motion after full consideration of all objections.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 206.02  Pleadings.

 

          (a)  The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions.  Applications shall not be considered pleadings.

 

          (b)  All petitions shall contain:

 

(1)  The name and address of the petitioner;

 

(2)  The name and address of the petitioner's representative, if any;

 

(3)  A concise statement of the facts that caused the petitioner to request the board to act;

 

(4)  The action that the petitioner wishes the board to take; and

 

(5)  The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the board to act.

 

          (c)  Board replies to petitions shall contain:

 

(1)  The name and address of the petitioner;

 

(2)  The name and address of the representative of the petitioner, if any;

 

(3)  A statement addressing each fact alleged in the petition;

 

(4)  A statement addressing the authority identified by the petitioner;

 

(5)  A concise response to each statement;

 

(6)  The identification of any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

 

(7)  The action the board took.

 

          (d)  Replies shall be filed within 90 days from the date of the petition.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

PART Pod 207  NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

 

          Pod 207.01  Commencement of Hearing.  A hearing shall be commenced by an order of the board giving notice to the parties and interveners at least 30 days prior to the hearing as required by Pod 207.03.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 207.02  Docket Numbers.  A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 207.03  Notice of Hearing.

 

          (a)  A notice of a hearing issued by the board at least 30 days prior to the hearing shall contain the information required by RSA 541-A:31, III, namely:

 

(1)  A statement of the time, place and nature of any hearing;

 

(2)  A statement of the legal authority under which a hearing is to be held;

 

(3)  A reference to the particular statutes and rules involved, including this chapter;

 

(4)  A short and plain statement of the issues involved;

 

(5)  A statement that each party has the right to have an attorney represent them at their own expense; and

 

(6)  A statement that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 207.04  Appearances and Representation.

 

          (a)  A party’s or intervener's representative shall file an appearance that includes the following information:

 

(1)  A brief description of the proposed representative's professional qualifications;

 

(2)  A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

 

(3)  The party, intervener or representative's daytime address and telephone number.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 207.05  Prehearing Conference.  At any time following the commencement of an adjudicatory proceeding, the presiding officer, upon motion, or upon his or her own initiative, shall direct all interested parties to attend one or more prehearing conference in accordance with RSA 541-A:31, V to consider:

 

          (a)  Offers of settlement;

 

          (b)  Simplification of the issues;

 

          (c)  Stipulations or admissions as to issues of fact or proof by consent of the parties and interveners;

 

          (d)  Limitations on the number of witnesses;

 

          (e)  Changes to standard procedures desired during the hearing by consent of the parties and interveners;

 

          (f)  Consolidation of examination of witnesses; and

 

          (g)  Any other matters which aid in the disposition of the proceeding.

 

Source.  #7887-A, eff 5-6-03

 

PART Pod 208  ROLES OF BOARD STAFF AND COMPLAINANTS

 

          Pod 208.01  Role of Board Staff in Enforcement or Disciplinary Hearings.  Unless called as witnesses, board staff shall have no role in any enforcement or disciplinary hearing.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 208.02  Role of Complainants in Enforcement or Disciplinary Hearings.  Unless called as a witness or granted party or intervener status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

PART Pod 209  INTERVENTION

 

          Pod 209.01  Intervention.

 

          (a)  A person may intervene in a matter pending before a board under the provisions of RSA 541-A:32 by filing a motion stating facts demonstrating that the person's rights or other substantial interests might be affected by the proceeding or that the person qualifies under any provision of law.

 

          (b)  If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention.

 

          (c)  Participation by interveners shall be limited to that which is necessary to protect the interest identified in the petition for intervention.

 

          (d)  Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

 

(1)  The petitioner's interest in the subject matter of the hearing;

 

(2)  Whether the petitioner appears in support of the complainant, or the respondent, as well as for his or her own interest;

 

(3)  Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

 

(4)  Any other reasons why the petitioner should be permitted to intervene.

 

          (e)  Petitions for intervention shall be granted if the petitioner has an interest in the proceeding and has clearly stated this interest and the orderly and prompt conduct of the hearing would not be impaired.

 

          (f)  A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

 

          (g)  Once granted leave to intervene, interveners shall take the proceedings as they find them and no portion of any proceeding shall be repeated because of the fact of intervention.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

PART Pod 210  CONTINUANCES AND FAILURE TO ATTEND HEARING

 

          Pod 210.01  Continuances.

 

          (a)  Any party or intervener to a hearing may make an oral or written motion that a hearing be continued to a later date or time.

 

          (b)  If a continuance is requested by a party or intervener to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated.  Good cause shall include the unavailability of parties, interveners, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties and interveners have reached a settlement or any other circumstances that demonstrate that a continuance would assist in resolving the case fairly.

 

          (c)  If the later date, time and place are known at the time of the hearing that is being continued, the date, time and place shall be stated on the record.  If the later date, time and place are not known at the time of the hearing that is being continued, the presiding officer shall issue a written scheduling order stating the date, time and place of the continued hearing as soon as practicable.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 210.02  Failure to Attend Hearing.  If any party or intervener to whom notice has been given in accordance with Pod 207.03 fails to attend a hearing, the presiding officer shall declare that party or intervener to be in default and shall either:

 

          (a)  Dismiss the case, if the party or intervener with the burden of proof fails to appear; or

 

          (b)  Hear the testimony and receive the evidence offered by a party or intervener, if that party or intervener has the burden of proof in the case.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

PART Pod 211  REQUESTS FOR INFORMATION OR DOCUMENTS

 

          Pod 211.01  Voluntary Production of Information.

 

          (a)  In response to requests for the voluntary production of information or documents relevant to the hearing, each party shall respond in good faith and as soon as is practicable.

 

          (b)  When a dispute between parties, interveners, or both arises concerning a request for the voluntary production of information or documents, any party or intervener may file a motion to compel the production of the requested information under Pod 211.02.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 211.02  Motions to Compel Production of Information.

 

          (a)  Any party or intervener may make a motion requesting that the presiding officer order the parties and interveners to comply with information requests.  The motion shall be filed at least 15 days before the date scheduled for the hearing.

 

          (b)  The moving party or intervener’s motion shall:

 

(1)  Set forth in detail those factors which it believes justify its request for information; and

 

(2)  List with specificity the information it is seeking to discover.

 

          (c)  When a party or intervener has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 211.03  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.  At least 5 days before the hearing the parties and interveners shall:

 

(1)  Offer inspection, at times and places of convenience to the other parties and interveners, the non-documentary exhibits intended to be offered as evidence at the hearing; and

 

(2)  Exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony; and

 

(3)  Provide a list and copies of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

 

Source.  #7887-A, eff 5-6-03

 

PART Pod 212  RECORD, PROOF, EVIDENCE AND DECISIONS

 

          Pod 212.01  Record of the Hearing.

 

          (a)  The board shall record the hearing by tape recording or other method that will provide a verbatim record, except that a proceeding on emergency action shall be governed by RSA 541-A:30, III.

 

          (b)  If any person requests a transcript of the taped record, the board shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requestor.

 

          (c)  At the request of a party or intervener to any proceeding involving disciplinary action, the record of the proceeding shall be made by a certified shorthand court reporter provided by the board at the requesting party or intervener’s expense.  A request for a certified shorthand court reporter shall be filed at least 10 days prior to the hearing.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #7887-A, eff 5-6-03

 

          Pod 212.02  Standard and Burden of Proof.  The party or intervener asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 212.03  Testimony; Order of Proceeding.

 

          (a)  Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding.  If the person is representing another person, the person being represented shall also be identified.

 

          (b)  Testimony shall be offered in the following order:

 

(1)  The party, parties or intervener bearing the burden of proof and such witnesses as they may call;

 

(2)  The party, parties or intervener opposing the party who bears the overall burden of proof and such witnesses as the party or intervener may call.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 212.04  Evidence.

 

          (a)  Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

 

          (b)  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.

 

          (c)  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.

 

          (d)  Transcripts of testimony and documents or other materials, admitted into evidence shall be public records, unless excluded pursuant to RSA 91-A:5.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 212.05  Proposed Findings of Fact and Conclusions of Law.

 

          (a)  Any party or intervener may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

 

          (b)  Upon request of any party or intervener, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

 

          (c)  In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 212.06  Closing the Record.

 

          (a)  After the conclusion of the hearing, the record shall be closed and no additional evidence shall be received into the record except as allowed by Pod 212.07.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 212.07  Reopening the Record.

 

          (a)  If no written proposal for decision pursuant to Pod 212.08(b) or final decision pursuant to Pod 212.08(d) has been issued, any party or intervener may move to reopen the record for the inclusion in the record of specified evidence.

 

          (b)  A motion pursuant to (a) above shall be granted if:

 

(1)  There is no objection from any other party or intervener;

 

(2)  The evidence sought to be included in the record was not available at the time of the hearing; and

 

(3)  The presiding officer determines that evidence 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 intervener 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 for the admission of the specified evidence.

 

          (d)  The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the hearing officer determines that the evidence:

 

(1)  Was not available at the time of the hearing;

 

(2)  Is relevant material and non-duplicative; and

 

(3)  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 the specified evidence, the hearing 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.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 212.08  Decisions.

 

          (a)  A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

 

          (b)  If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the members of the board who are to render a final decision and the matter's disposition does not depend on the credibility of any witness, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

 

          (c)  If a proposal for decision in a matter not personally heard by all board members voting on the decision is adverse to a party or intervener to the proceeding, the board shall serve a copy of the proposal for decision on each party and intervener to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the board.

 

          (d)  A proposal for decision shall become a final decision upon its approval by the board.

 

          (e)  A board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, 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.  #7887-A, eff 5-6-03

 

PART Pod 213  MOTION FOR REHEARING

 

          Pod 213.01  Adjudicatory Orders.  An adjudicatory order of the board shall not be final until the date it is served upon the parties and interveners pursuant to Pod 204.03.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 213.02  Motions for Reconsideration.  Motions for reconsideration after a board hearing shall be allowed pursuant to RSA 541:3.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 213.03  Filing and Content of Motion.

 

          (a)  A motion for rehearing shall be filed within 30 days of the date of the board decision or order.

 

          (b)  A motion for rehearing shall:

 

(1)  Identify each error of fact, error of reasoning, or error of law which the moving party or intervener wishes to have reconsidered;

 

(2)  Describe how each error causes the board's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion or arbitrary, unreasonable or capricious;

 

(3)  State concisely the factual findings, reasoning or legal conclusion proposed by the moving party or intervener; and

 

(4)  Include any argument or memorandum of law the moving party or intervener wishes to file.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 213.04  Standard for Granting Motion for Rehearing.  A motion for rehearing shall be granted if it demonstrates that the board's decision is illegal in respect to jurisdiction, authority or observance of law, an abuse of discretion, or arbitrary, unreasonable or capricious.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 213.05  Decision on Motion for Rehearing.  The board shall grant or deny a motion for rehearing within 10 days of the filing of the motion for rehearing.

 

Source.  #7887-A, eff 5-6-03

 

PART Pod 214  RULEMAKING HEARINGS

 

          Pod 214.01  Purpose.  The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 214.02  Scope.

 

          (a)  These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 214.03  Notice.

 

          (a)  The proceeding for a public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.

 

          (b)  Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.

 

          (c)  Nothing in these rules shall prohibit the board from giving greater notice than the minimums set out in this part.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 214.04  Media Access.

 

          (a)  Public comment hearings shall be open to the print and electronic media.

 

          (b)  The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

 

(1)  Limit the number of media representatives when their presence is disproportionate to the number of citizens present and shall cause citizens to be excluded;

 

(2)  Limit the placement of television cameras to certain locations in the hearing room; and

 

(3)  Prohibit interviews from being conducted within the hearing room during the hearing.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 214.05  Moderator.

 

          (a)  The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.

 

          (b)  The moderator shall:

 

(1)  Call the hearing to order;

 

(2)  Cause a recording of the hearing to be made;

 

(3)  Place limits on the media to avoid disruption as set out in Pod 214.04(b);

 

(4)  Recognize those who wish to be heard and establish the order thereof;

 

(5)  Limit the time for each speaker, as set out in Pod 214.06(b);

 

(6)  Remove or have removed any person who disrupts the hearing;

 

(7)  Adjourn the hearing; and

 

(8)  Provide opportunity for the submission of written comments.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 214.06  Public Participation.

 

          (a)  Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined considering the number of people who wish to be heard and the availability of the facility.

 

          (b)  The board, through the moderator, shall:

 

(1)  Refuse to recognize a person who refuses to give his or her full name and address;

 

(2)  When a group or organization wishes to comment, limit the group to no more than 3 spokespersons, provided that the members who are present shall be allowed to enter their names and addresses into the record as supporting the position by the group or organization;

 

(3)  Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

 

(4)  Revoke recognition of a speaker who refuses to keep his or her comments relevant to the issue or issues which are the subject of the hearing.

 

          (c)  Written comments may be submitted any time from the time notice has been published until the record has been closed, which shall not be less than 7 calendar days after the hearing.

 

          (d)  In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to RSA 541-A:11, III to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

 

Source.  #7887-A, eff 5-6-03

 

PART Pod 215  PETITIONS FOR RULEMAKING

 

          Pod 215.01  Petition for Rulemaking.

 

          (a)  Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:

 

(1)  A statement of the petitioner's request for the proposed rule;

 

(2)  The text of the proposed rule or a statement of the particular results intended by the petitioner's interest in the subject matter of the proposed rule;

 

(3)  An identification of the particular rule sought to be amended or repealed;

 

(4)  Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemaking proceeding; and

 

(5)  Name, address, signature of petitioner and date.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 215.02  Disposition of Petition.

 

          (a)  The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4.  The board shall request additional data or argument from the petitioner or other interested persons to clarify the argument.

 

          (b)  If the data or argument fails to support the petition, the board shall state the reason therefore in the order.

 

Source.  #7887-A, eff 5-6-03

 

PART Pod 216  DECLARATORY RULINGS

 

          Pod 216.01  Petitions.

 

          (a)  Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Pod 206.02(b).

 

          (b)  A petition for declaratory ruling shall also set forth the following information:

 

(1)  The exact ruling being requested; and

 

(2)  The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law.

 

Source.  #7887-A, eff 5-6-03

 

          Pod 216.02  Action on Petitions.

 

          (a)  The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received.

 

          (b)  Upon review and consideration, the board shall within 90 days rule on the petition pursuant to Pod 206.02(d).

 

Source.  #7887-A, eff 5-6-03

 

PART Pod 217  EXPLANATION AFTER ADOPTION

 

          Pod 217.01  Explanation after Adoption.

 

          (a)  Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a request to the board.

 

          (b)  The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

 

Source.  #7887-B, eff 5-6-03, EXPIRED: 5-6-11

 

New.  10242-A, eff 12-15-12

 

CHAPTER Pod 300  LICENSURE

 

Statutory Authority:  RSA 315:4

 

PART Pod 301  APPLICATION REQUIREMENTS

 

          Pod 301.01  Application Required.

 

          (a)  A person desiring to practice as a podiatrist within the state of New Hampshire shall make application to the board upon official forms furnished by the board, including the information specified in (b) below.  The filing of an application shall not constitute temporary licensing to practice as a podiatrist in this state.

 

          (b)  The applicant for licensure as a podiatrist shall provide the following:

 

(1)  Full name of the applicant;

 

(2)  Present residence of the applicant;

 

(3)  Mailing address of the applicant;

 

(4)  Date of birth of the applicant;

 

(5)  Birthplace of the applicant;

 

(6)  Podiatry education of the applicant;

 

(7)  A certified copy of National Board scores submitted directly from the examining authority;

 

(8)  Certified copies of American/Foreign transcripts or diploma, which include podiatry education and certification of completion of internship/residency;

 

(9)  Original letters of reference, addressed to the board, on professional letterhead, from 2 licensed podiatrists who have known the applicant for at least one year and can attest to his or her moral and professional character and must state in what context or capacity the individual has known the applicant;

 

(10)  A listing of every state in which the applicant holds or has ever held a license and clearances of those licenses received directly from the licensure authority.

 

(11)  The applicant shall submit, with his or her application, a current curriculum vitae;

 

(12)  A photograph of the applicant;

 

(13)  The signature of the applicant; and

 

(14)  The application fee specified in Pod 304.01, Table 3.4.1.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; amd by #9901-A, eff 4-15-11, (para (a)); amd by #9901-B, eff 4-15-11, (para (b)) (formerly Pod 301.01, 301.04, & 301.08), EXPIRED: 4-15-19 in para (a); ss by #12811, INTERIM, eff 6-14-19, EXPIRED:
12-11-19

 

          Pod 301.02  Time Limit of Application.  An application shall remain on current status for a period not to exceed 12 months.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11 (formerly Pod 301.05), EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

          Pod 301.03  Timeliness of Credentials.  An applicant who has been inactive from practice for more than 36 months shall meet all current licensure requirements and attend a minimum of 40 hours of continuing podiatry education as specified in Pod 402.01 for the 2 years prior to the date of application.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11 (formerly Pod 301.06), EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

          Pod 301.04  Board Interview.  A personal interview before the full board shall be required if the board determines it is necessary to verify or complete the information contained in the application.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11 (formerly Pod 301.07), EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

          Pod 301.05  License Issued by Mail.

 

          (a)  A license shall be issued by mail to an applicant who has complied with the provisions of Pod 300.  The license shall be issued in the form of a wall certificate and a pocketcard.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11 (formerly Pod 301.09), EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

PART Pod 302  QUALIFICATIONS

 

          Pod 302.01  Educational Requirements.

 

          (a)  Applicants for licensure shall have graduated from a college of podiatry or podiatric medicine which is accredited by the American Podiatric Medical Association.

 

          (b) Applicants shall have completed one year of internship/residency training that meets the requirements of the Council on Podiatric Medical Education (CPME) of the American Podiatric Medical Association.  An internship/residency shall be at a hospital maintaining standards of the American Podiatric Medical Association.

 

Source.  #1046, eff l0-19-77; ss by #2983, eff 3-7-85, EXPIRED: 3-7-91

 

New.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04, EXPIRED: 3-12-12

 

New.  #10242-B, eff 12-15-12, EXPIRED: 12-15-22

 

PART Pod 303  EXAMINATION

 

          Pod 303.01  Type of Examination.  Examination of candidates for licensure in New Hampshire shall be by the National Board of Podiatric Medical Examiners.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11, EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

          Pod 303.02  Passing Grade.  Each candidate shall have a score of at least 75.0%.  Candidates who fail to obtain such average shall only be required to repeat that portion of the examination for which they did not receive an average of at least 75.0%.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11, EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

PART Pod 304  FEES

 

          Pod 304.01  Fees.  The fees as set by the board under RSA 315:4, VII shall be as set forth in table 3.4.1 below:

 

Table 3.4.1 Fees

 

Type

Fee

Initial Application Fee

 $300.00

Replacement of Wall Certificate

    25.00

Replacement of pocketcard

    10.00

License Verification

    20.00

Renewal Fee

  300.00

Reinstatement Application Fee

  300.00

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11, EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

CHAPTER Pod 400  RENEWAL, CONTINUING EDUCATION/CEU AND ONGOING REQUIREMENTS

 

PART Pod 401  RENEWAL OF LICENSE

 

         Pod 401.01  Expiration of License.  Licenses governed under this chapter shall automatically expire on July 1 of the year in which the licensee’s renewal is set to occur, unless the licensee has applied to the board for renewal of the license by June 30 of the year in which the licensee’s renewal is set to occur.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11, EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

New.  #13819, eff 2-9-24

 

         Pod 401.02  Renewal of License.

 

         (a)  At least 60 days prior to the expiration of license, the board shall provide to each licensee a renewal application.

 

         (b)  Any licensee wishing to renew a license shall submit:

 

(1)  The completed renewal application supplied by the board on or before June 30 of the year in which the licensee’s renewal is set to occur;

 

(2)  The fee as specified in Plc 1002.40; and

 

(3)  Proof of completion of the continuing education requirements of Pod 402.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11, EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

New.  #13819, eff 2-9-24

 

         Pod 401.03  Renewal Application.

 

         (a)  The applicant for renewal of licensure shall provide the information described in Plc 308.06.

 

         (b)  The applicant shall sign and date the application below the statement described in Plc 308.08.

 

Source.  #5391, eff 5-8-92

 

New.  #8061, eff 3-12-04; ss by #9901-B, eff 4-15-11; ss by #13819, eff 2-9-24

 

         Pod 401.04  Late Filing.

 

         (a)  Pursuant to RSA 315:12, a licensee who fails to renew their license before July 1 of the year in which the licensee’s renewal is set to occur may renew within 90 days of license expiration by submitting a completed renewal application and the renewal fee.

 

         (b)  A licensee who fails to renew their license more than 90 days after such license has expired may file an application for reinstatement pursuant to Pod 401.05(b).

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04; ss by #9901-A, eff 4-15-11, EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

New.  #13819, eff 2-9-24

 

         Pod 401.05  Reinstatement of License.

 

         (a)  Any licensee whose license has expired by reason of error, omission, or neglect to pay the annual renewal fee beyond 90 days after expiration of the license or whose license has been suspended or revoked by the board shall be eligible to apply for reinstatement barring any order or agreement to the contrary, at the time of their original disciplinary action, by filing the application specified in (c) below.

 

         (b)  Applicants for reinstatement shall provide, pursuant to (a) above, or cause to be provided, on a form described in Plc 308.06(b) which includes proof of completion of continuing education for the 2 years immediately preceding the date of application which meets the requirements of Pod 402.

 

         (c)  Applicants for reinstatement shall pay the reinstatement fee specified in Plc 1002.40.

 

Source.  #9901-A, eff 4-15-11, (paras (a) & (c)); amd by #9901-B, eff 4-15-11, (para (b), EXPIRED: 4-15-19 in (paras (a) & (c)); ss by #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

New.  #13819, eff 2-9-24

 

PART Pod 402  CONTINUING EDUCATION

 

         Pod 402.01  Continuing Podiatry Education.

 

         (a)  When the licensee applies for renewal of licensure, he or she shall provide documentation of involvement in activities updating competency in podiatry.  The licensee shall obtain a minimum of 40 hours biennially, with at least 30 hours obtained through in person or simultaneously interactive remote learning attendance in courses approved pursuant to (c) below and no more than 10 hours of instructional media certified by the Council on Podiatric Medical Education (CPME).

 

         (b)  All continuing education activities shall be completed between January 1 of the first year of the biennial period and December 31 of the second year.

 

         (c)  Instructional media may include one or more of the following passive prerecorded learning activities:

 

(1)  Video presentations;

 

(2)  Audio presentations;

 

(3)  Computer-assisted instruction; and

 

(4)  Written educational programs.

 

         (d)  Credit hours accumulated through participation in formal courses given by an accredited American school or college of podiatry or medicine, or by a state or regional podiatric association recognized by the Council on Podiatric Medical Education or by the American Medical Association, shall be approved.

 

         (e)  Licensees who possess a “United States Drug Enforcement Administration” (DEA) number shall complete 3 hours of containing education in the area of pain management, addiction disorders, or a combination of both.  The 3 hours of continuing education shall count toward the 40 continuing education credits required under this paragraph.

 

Source.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04, EXPIRED: 3-12-12

 

New.  #10242-B, eff 12-15-12; amd in paragraph (a) by #13272, EMERGENCY RULE, eff 10-4-21, EXPIRES: 4-2-22; rpld in paragraph (a) by #13321, STATEMENT OF REPEAL, eff 12-29-21

 

New.  #13819, eff 2-9-24

 

         Pod 402.02  Reporting Requirements and Continuing Education Reporting Form.

 

         (a)  The applicant shall report the hours on the “Continuing Education Audit Reporting” form provided by the board by April 1 of even-numbered years.  Documentation of attendance shall be attached to the form.  Such documentation shall include the name of the applicant, the title of the course, the number of hours of the course, and the date the course was taken.

 

         (b)  The applicant shall provide the following information on the “Continuing Education Audit Reporting Form”:

 

(1)  The applicant's name;

 

(2)  The applicant’s license number;

 

(3)  The applicant's home address;

 

(4)  The applicant's personal phone number;

 

(5)  The applicant's place of employment;

 

(6)  The applicant's address of employment;

 

(7)  The applicant's business phone;

 

(8)  The total number of podiatric continuing education hours obtained;

 

(9)  The total number of hours obtained for pain management, addiction disorders, or a combination of both as required by Pod 402.01(d); and

 

(10)  The applicant’s signature and date of signing below the following preprinted statement:

 

“To the best of my knowledge and belief the information provided on the continuing education reporting form and supporting documentation are true, complete, and not misleading.  I understand that any material misrepresentation shall be subject to disciplinary action by the board.”

 

Source.  #8061, eff 3-12-04, EXPIRED: 3-12-12

 

New.  #10242-B, eff 12-15-12

 

PART Pod 403  ONGOING REQUIREMENTS

 

         Pod 403.01  Severance of Connection.  Each licensee shall notify the board in writing within 5 days after he or she severs connection with any commitment to practice podiatry for any reason, either personal, professional, or disciplinary.

 

Source.  #1046, eff l0-19-77; ss by #2983, eff 3-7-85, EXPIRED: 3-7-91

 

New.  #5391, eff 5-8-92, EXPIRED: 5-6-98

 

New.  #8061, eff 3-12-04, EXPIRED: 3-12-12

 

New.  #10242-B eff 12-15-12, EXPIRED: 12-15-22

 

New.  #13819, eff 2-9-24

 

          Pod 403.02  Replacement of Wall Certificates.  If the original wall certificate of any registered podiatrist is lost or damaged, the licensee may apply to the board in writing for replacement of such wall certificate.  A replacement wall certificate shall be issued, but the podiatrist shall retain his or her original license number.  There shall be a charge of $25 for this service.

 

Source.  #8061, eff 3-12-04, EXPIRED: 3-12-12

 

New.  #10242-B, eff 12-15-12

 

         Pod 403.03  Change of Address.  All licensees and applicants for licensure shall notify the board of any change in home or business address within 30 days of such change.

 

Source.  #9901-A, eff 4-15-11, EXPIRED: 4-15-19

 

New.  #12811, INTERIM, eff 6-14-19, EXPIRED: 12-11-19

 

New.  #13819, eff 2-9-24

 

CHAPTER Pod 500  UNETHICAL CONDUCT

 

PART Pod 501  UNETHICAL CONDUCT

 

         Pod 501.01  Violations of APMA Ethical Guidelines.  Violations of the American Podiatric Medical Association, Inc. Code of Ethics, March 2022, shall constitute unprofessional conduct within the meaning of RSA 315:9, II(c).

 

Source.  #1046, eff l0-19-77; ss by #2983, eff 3-7-85, EXPIRED: 3-7-91

 

New.  #5391, eff 5-8-92, EXPIRED: 5-8-98

 

New.  #8061, eff 3-12-04, EXPIRED: 3-12-12

 

New.  #10242-B, eff 12-15-12, EXPIRED: 12-15-22

 

New.  #13820, eff 2-9-23

 

PART Pod 502  OPIOID PRESCRIBING

 

          Pod 502.01  Applicability.  This part shall apply to the prescribing of opioids for the treatment of non-cancer and non-terminal pain, and shall not apply to the supervised administration of opioids in a health care setting.

 

Source.  #12149, eff 3-25-17

 

          Pod 502.02  Noncompliance with Standards as Unprofessional Conduct.  The ethical standards set forth in this part shall bind all licensees, and noncompliance with these standards shall constitute unprofessional conduct as used in NH RSA 315:9, I(c).  The board shall investigate violations of these standards and impose disciplinary sanctions for such violations by following the disciplinary procedures set forth in Pod 200.

 

Source.  #12149, eff 3-25-17

 

          Pod 502.03  Definitions.  Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter:

 

          (a)  “Acute pain” means the normal, predicted physiological response to a noxious chemical, thermal or mechanical stimulus and typically is associated with invasive procedures, trauma and disease.  It is generally time-limited, often less than 3 months in duration;

 

          (b)  “Administer” means an act whereby a single dose of a drug is instilled into the body of, applied to the body of, or otherwise given to a person for immediate consumption or use;

 

          (c)  “Addiction” means a primary, chronic, neurobiologic disease with genetic, psychosocial, and environmental factors influencing its development and manifestations.  It is characterized by behaviors that include impaired control over drug use, craving, compulsive use, or continued use despite harm.  The term does not include physical dependence and tolerance, which are normal physiological consequences of extended opioid therapy for pain;

 

          (d)  “Chronic pain” means a state in which non-cancer pain persists beyond the usual course of an acute disease or healing of an injury, or that may or may not be associated with an acute or chronic pathologic process that causes continuous or intermittent pain over months or years.  For the purposes of these rules, chronic pain does not include pain from cancer or terminal care;

 

          (e)  “Clinical coverage” means specified and prearranged coverage that is available 24 hours a day, 7 days a week, to assist in the management of patients with chronic pain;

 

          (f)  “Dose unit” means one pill, one capsule, one patch, or one liquid dose;

 

          (g) “Medication-assisted treatment” means any treatment of opioid addiction that includes a medication, such as methadone, buprenorphine, or naltrexone, that is approved by the FDA for opioid detoxification or maintenance treatment;

 

          (h) “Morphine equivalent dose (MED)” means a conversion of various opioids to a morphine equivalent dose by the use of accepted conversion tables;

 

          (i) “Prescription” means a verbal, written, facsimile, or electronically transmitted order for medications for self-administration by an individual patient;

 

          (j)  “Risk assessment” means a process for predicting a patient’s likelihood of misusing or abusing opioids in order to develop and document a level of monitoring for that patient;

 

          (k) “Treatment agreement” means a written agreement that outlines the joint responsibilities of physician and patient; and

 

          (l)  “Treatment plan” means a written plan that reflects the particular benefits and risks of opioid use for each individual patient and establishes goals, expectations, methods, and time course for treatment.

 

Source.  #12149, eff 3-25-17

 

          Pod 502.04  Acute Pain.  If opioids are indicated and clinically appropriate for prescription for acute pain, prescribing licensees shall:

 

          (a)  Conduct and document a physical examination and history;

 

          (b)  Consider the patient’s risk for opioid misuse, abuse, or diversion and prescribe for the lowest effective dose for a limited duration;

 

          (c)  Document the prescription and rationale for all opioids;

 

          (d)  Ensure that the patient has been provided information that contains the following:

 

(1)  Risk of side effects, including addiction and overdose resulting in death;

 

(2)  Risks of keeping unused medication;

 

(3)  Options for safely securing and disposing of unused medication; and

 

(4)  Danger in operating motor vehicle or heavy machinery;

 

          (e)  Comply with all federal and state controlled substances laws, rules, and regulations;

 

          (f)  Complete a board-approved risk assessment tool, such as the Screener and Opioid Assessment for Patients with Pain (SOAPP);

 

          (g)  Document an appropriate pain treatment plan and consideration of non-pharmacological modalities and non-opioid therapy;

 

          (h)  Utilize a written informed consent that explains the following risks associated with opioids:

 

(1)  Addiction;

 

(2)  Overdose and death;

 

(3)  Physical dependence;

 

(4)  Physical side effects;

 

(5)  Hyperalgesia;

 

(6)  Tolerance; and

 

(7)  Crime victimization;

 

          (i)  In an emergency department, urgent care setting, or walk-in clinic:

 

(1)  Not prescribe more than the minimum amount of opioids medically necessary to treat the patient’s medical condition. In most cases, an opioid prescription of 3 or fewer days is sufficient, but a licensee shall not prescribe for more than 7 days; and

 

(2)  If prescribing an opioid for acute pain that exceeds a board-approved limit, document the medical condition and appropriate clinical rationale in the patient’s medical record; and

 

          (j)  Not be obligated to prescribe opioids for more than 30 days, but if opioids are indicated and appropriate for persistent, unresolved acute pain that extends beyond a period of 30 days, the licensee shall conduct an in-office follow-up with the patient prior to issuing a new opioid prescription.

 

Source.  #12149, eff 3-25-17

 

          Pod 502.05  Chronic Pain.  If opioids are indicated and clinically appropriate for chronic pain, prescribing licensees shall:

 

          (a)  Conduct and document a history and physical examination;

 

          (b)  Conduct and document a risk assessment, including, but not limited to, the use of an evidence based screening tool such as the Screener and Opioid Assessment for Patients with Pain (SOAPP); 

 

          (c)  Document the prescription and rationale for all opioids;

 

          (d)  Prescribe the lowest effective dose for a limited duration;

 

          (e)  Comply with all federal and state controlled substances laws, rules, and regulations;

 

          (f)  Utilize a written informed consent that explains the following risks associated with opioids:

 

(1)  Addiction;

 

(2)  Overdose and death;

 

(3)  Physical dependence;

 

(4)  Physical side effects;

 

(5)  Hyperalgesia;

 

(6)  Tolerance; and

 

(7)  Crime victimization;

 

          (g)  Create and discuss a treatment plan with the patient.  This shall include, but not be limited to the goals of treatment, in terms of pain management, restoration of function, safety, time course for treatment, and consideration of non-pharmacological modalities and non-opioid therapy.  Informed consent documents and treatment agreements may be part of one document for the sake of convenience;

 

          (h)  Utilize a written treatment agreement that is included in the medical record, and specifies conduct that triggers the discontinuation or tapering of opioids; 

 

          (i)  The treatment agreement shall also address, at a minimum, the following:

 

(1)  The requirement for safe medication use and storage;

 

(2)  The requirement of obtaining opioids from only one prescriber or practice;

 

(3)  The consent to periodic and random drug testing; and

 

(4)  The prescriber’s responsibility to be available or to have clinical coverage available;

 

          (j)  Document the consideration of a consultation with an appropriate specialist in the following circumstances:

 

(1)  When the patient receives a 100 mg morphine equivalent dose for longer than 90 days;

 

(2)  When a patient is at high risk for abuse or addiction; or

 

(3)  When a patient has a co-morbid psychiatric disorder;  

 

          (k)  Reevaluate treatment plans and use of opioids at least twice a year;

 

          (l)  Require random and periodic urine drug testing at least annually for all patients using opioids for longer than 90 days.  Unanticipated findings shall be addressed in a manner that supports the health of the patient; and

 

          (m)  Have clinical coverage available for 24 hours per day, 7 days per week, to assist in the management of patients; and

 

          (n)  The prescriber may forego the requirements for a written treatment agreement and for periodic drug testing for patients:

 

(1)  Who are residents in a long-term, non-rehabilitative nursing home facility where medications are administered by licensed staff; or

 

(2)  Who are being treated for episodic intermittent pain and receiving no more than 50 dose units of opioids in a 3 month period.

 

Source.  #12149, eff 3-25-17

 

          Pod 502.06  Prescription Drug Monitoring Program.

 

          (a)  Prescribers required to register with the program under RSA 318-B:31-40, or his or her delegate, shall query the prescription drug monitoring program to obtain a history of schedule II-IV controlled substances dispensed to a patient, prior to prescribing an initial schedule II, III, and IV opioids for the management or treatment of this patient’s pain and then periodically and at least twice per year, except when:

 

(1)  Controlled medications are to be administered to patients in a health care setting; or

 

(2)  The program is inaccessible or not functioning properly, due to an internal or external electronic issue; or

 

(3)  An emergency department is experiencing a higher than normal patient volume such that querying the program database would materially delay care.

 

          (b)  A licensee shall document the exceptions described in (a)(2) and (3) above in the patient’s medical record.

 

Source.  #12149, eff 3-25-17

 

          Pod 502.07  Medication Assisted Treatment.  Licensees who prescribe medication assisted treatment shall adhere to the principles outlined in the American Society of Addiction Medicine’s National Practice Guideline For the Use of Medications in the Treatment of Addiction Involving Opioid Use (2015) found at http://www.asam.org/quality-practice/guidelines-and-consensus-documents/npg/complete-guideline as cited in Appendix II.

 

Source.   #12149, eff 3-25-17

 


APPENDIX I

 

Rule

Specific State Statute which the Rule Implements

 

 

Pod 101.01

RSA 315:1; 315:2; 315:4

Pod 102

RSA 541-A:7

Pod 103.01

RSA 315:1

Pod 103.02

RSA 541-A:16, I(a)

Pod 103.03

RSA 541-A:16, I(a)

Pod 104

RSA 541-A:16, I(a)

Pod 105

RSA 541-A:16, I(a), 315:1

Pod 106

RSA 315:10, II

 

 

Pod 201-213

RSA 315:10, IV, VII; RSA 541-A:16, I(b)(2);RSA 315:10-a

Pod 214

RSA 541-A:16, I(b)(3)

Pod 215

RSA 541-A:16, I(c)

Pod 216

RSA 541-A:16, I(d)

Pod 217

RSA 541-A:11, VII

 

 

Pod 301.01

RSA 315:2; RSA 315:4, I, III, VII; RSA 315:7; RSA 315:15

Pod 301.02

RSA 315:4, I

Pod 301.03

RSA 315:4, I

Pod 301.04

RSA 315:4, I

Pod 301.05

RSA 315:8, I

 

 

Pod 302

RSA 315:2; RSA 315:4, II

Pod 303

RSA 315:4, I, II; RSA 315:7

Pod 304

RSA 315:4, VII

 

 

Pod 401.01 - 401.02

RSA 315:2, II; RSA 315:4, I, V, VII; RSA 315:11; RSA 315:12

Pod 401.03

RSA 315:11

Pod 401.04

RSA 315:12

Pod 401.04

RSA 315:12

Pod 401.05

RSA 315:13-a

Pod 402

RSA 315:2, II; RSA 315:4, X

Pod 402.01

RSA 315:2, II; RSA 315:4, II

Pod 402.02

RSA 315:2, II; RSA 315:4, II

Pod 403.01

RSA 315:4, XI

Pod 403.02

RSA 315:4, VI, X

Pod 403.03

RSA 315:4, VI, X

Pod 501

RSA 315:9, II(c)

Pod 501.01

RSA 315:9, II(c), RSA 315:4

Pod 502

RSA 315:4, V, VI, XII

 


 

APPENDIX II

Rule

Reference

Obtain at:

Pod 501.01

The American Podiatric Medical Association Inc., Code of Ethics March 2022

No cost to download from:

https://www.apma.org/files/Code%20of%20Ethics_FINAL_1669749709677_2.pdf

 

Pod 502.07

The American Society of Addiction Medicine’s “National Practice Guideline For the Use of Medications in the Treatment of Addiction Involving Opioid Use,” adopted on June 1, 2015.

No cost to download from:

http://www.asam.org/quality-practice/guidelines-and-consensus-documents/npg/complete-guideline