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
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
(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:
(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
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
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
(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
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
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
(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
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
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
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 |
|
|
|
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 |