CHAPTER
Plc 300 LICENSURE OF REGULATED
PROFESSIONS
Statutory Authority: RSA
310-A:1-d, II(h)(2); RSA 310-A:1-f; RSA 310-A:1-p;
RSA 332-G:7, IV(c)
REVISION NOTE:
Chapter Plc 300 was formerly titled “Massage Therapists”,
but the rules on massage therapists were renumbered as Chapter Plc 900. See Revision Note # 1 and Revision Note #2
for Chapter Plc 900 titled “Massage Therapists” for the filings affecting the
former Chapter Plc 300.
Document
#13606, effective 05-01-23, adopted new rules Part Plc 301 through Part Plc 304
and Part Plc 306 through Part Plc 311, and readopted with amendment and
renumbered the existing rule Part Plc 801 titled “Temporary Licensure” as Part
Plc 305, in Chapter Plc 300 now titled “Licensure of Regulated
Professions”. Document #13606
established uniform licensing procedures, basic responsibilities
and obligations of licensees, including ethical and professional standards, and
uniform procedures for disciplinary sanctions, for all licenses issued by the
Office of Professional Licensure and Certification.
The
former Part Plc 801 had contained the only effective rules in the former
Chapter Plc 800 titled “Temporary and Emergency Licensure of Health Care and
Other Professionals.” Document #13606
replaced all prior filings as follows affecting the former Chapter Plc 800:
Plc
800
Document
#13011, effective 3-24-20, originally adopted Chapter Plc 800 as an emergency
rule titled “Emergency Licensure”, containing Part Plc 801 titled “Scope and
Duration” and Part Plc 802 titled “Procedures for Applying for an Emergency
License” containing 2 rules: Plc 802.01 titled “Method of Applying for an
Emergency License” and Plc 802.02 titled “Processing of Applications.” Document #13011 implemented the Governor’s
Emergency Order #15, effective 3-23-20, but as an emergency rule Chapter Plc
800 in Document #13011 expired 9-20-20 pursuant to RSA 541-A:18, I.
Document
#13027, effective 4-9-20, readopted with amendment Plc 802.02 as an emergency
rule, which expired 10-6-20.
Chapter
Plc 800 was adopted again, with the amendment in Plc 802.02, by the Governor’s
Emergency Order #29, Exhibit P, effective 10-15-20, after the emergency rules
expired.
Document
#13145, effective 12-11-20, adopted Plc 802.03 as an emergency rule titled
“Method of Applying for a Student Nursing Emergency License”, which expired
6-9-21. Document #13145 implemented the Governor’s Emergency Order #75,
effective 12-10-20.
Document
#13153, effective 12-31-20, then adopted Plc 802.04 as an emergency rule titled “Method of Applying for a Licensed
Nursing Assistant (LNA) Emergency License.” Document #13153 implemented the
Governor’s Emergency Order #78, effective 12-30-20.
The
expiration of the State of Emergency by the
Governor at midnight June 11, 2021 terminated the
Emergency Orders still in effect. Plc
802.03 in Document #13145 had already expired 6-9-21 as an emergency rule.
Document
#13213, effective 6-11-21, adopted Chapter Plc 800 again as an emergency rule, with the exception of Plc 802.04 in Document #13153 which
was still in effect. Plc 800 was now
re-titled “Temporary Licensure”, with changes from the rules in Document #13011
and #13027. Document #13213 contained
Part Plc 801 titled “Scope and Duration” and Part Plc 802 titled
“Procedures for Applying for a Temporary License”. Part Plc 801 contained 2 rules—Plc 801.01
titled “Scope” and Plc 801.02 titled “Duration.” Part Plc 802 contained 2 rules—Plc 802.01
titled “Method of Applying for a Temporary License” and Plc 802.02 titled
“Processing of Applications.” Plc 802.04
in Document #13153 expired as an emergency rule 6-29-21.
Document #13262, effective
9-17-21, adopted Plc 803 titled “Emergency Licensure under Laws of 2021, 121:2”
as an emergency rule, containing Plc 803.01 through Plc 803.07. The rules in Document #13262 expired 3-16-22.
Document #13292, effective 11-24-21, readopted with
amendment the rules in Document #13213 as regular rules before they would have
expired as emergency rules on 12-8-21. Chapter Plc 800 was re-titled “Temporary
and Emergency Licensure of Health Care and Other Professionals.” The former Part Plc 801 titled “Scope and
Duration” was readopted with amendment and re-titled “Temporary Licensure”, and
the former Plc 801.01 and Plc 801.02 were readopted with amendments and
renumbered as Plc 801.01 through Plc 801.03.
The former Plc 802.01 titled “Method of Applying for a Temporary
License” was readopted with amendment and renumbered as Plc 801.04 through Plc
801.06. The former Plc 802.02 titled
“Processing of Applications” was readopted with amendment and renumbered as Plc
801.07. Part Plc 802 was reserved.
Document #13319, effective 12-23-21, then adopted Part Plc
802 as an emergency rule and was titled “Expedited Issuance of Temporary Licenses; Conversion of Emergency Licenses to Temporary Licenses”,
containing Plc 802.01 through Plc 802.04, and which expired 6-21-22.
PART
Plc 301 PURPOSE; APPLICABILITY; SENDING
NOTICES AND LICENSES; AVAILABILITY OF CONTACT INFORMATION; COMPUTATION OF TIME
Plc 301.01 Purpose. The purpose of this chapter is to establish:
(a)
Uniform procedures for applicants to submit applications for initial and
renewal licensure and for reinstatement of licensure;
(b)
Uniform procedures for the office of
professional licensure and certification (OPLC) to:
(1)
Process and make decisions on submitted applications;
or
(2) Implement decisions made by an applicable
board on submitted applications;
(c)
Uniform procedures for temporary licensing under RSA 310-A:1-f and RSA
332-G:14;
(d)
Uniform procedures for facilitated temporary licensing of military
personnel and spouses of military personnel under RSA 310-A:1-p;
(e)
Uniform responsibilities and obligations and ethical and professional
standards for licensees; and
(f)
Uniform procedures for imposing disciplinary
sanctions against licensees licensed under this chapter.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 301.02 Applicability.
(a)
Subject to (b) and (c), below, this chapter shall apply to any person
who intends to practice, or who does actually practice,
a profession regulated by any applicable board.
(b)
This chapter shall not apply to any person made exempt from licensure by
applicable law.
(c)
If the OPLC has a contract with a third party organization to process
initial applications for licensure in New Hampshire on behalf of any applicable
board, for example the National Association of State Boards of Accountancy
(NASBA) on behalf of the board of accountancy, then:
(1) Notice of how individuals can apply for
initial licensure shall be posted on the OPLC web page, https://www.oplc.nh.gov;
and
(2) The provisions of this chapter relative to submitting an application for initial licensure shall not
apply to such applications.
Source. (See Revision Note at chapter heading for Plc
300) #13606, eff 5-1-23
Plc 301.03 Notifications; Issuance of Licenses.
(a)
All notifications sent to applicants and licensees and all licenses
issued pursuant to this chapter shall be sent to the applicant’s or licensee’s
designated email address.
(b)
All notifications sent to a designated email address for which the OPLC
does not receive any indication that the email was not delivered shall be
deemed to have been received by the person who designated the email address.
Plc 301.04 Availability of Information on Applicants
and Licensees.
(a)
The OPLC shall maintain a registry of applicants that includes:
(1) For applicants who are individuals:
a. The individual’s full name and contact
information;
b. The type of license applied for; and
c. The status of the application; and
(2) For applicants who are legal entities:
a. The full legal name of the entity and each
name under which the entity does business in New Hampshire;
b. The entity’s contact information;
c. The type of license applied for; and
d. The status of the application.
(b)
The OPLC shall maintain a registry of licensees that includes:
(1) For licensees who are individuals:
a. The individual’s full name and contact
information;
b. The type of license issued to the individual;
c. The license number; and
d. The status of the license;
(2) For licensees who are legal entities:
a. The full legal name of the entity and each
name under which the entity does business in New Hampshire;
b. The entity’s contact information;
c. The type of license issued to the entity;
d. The license number; and
e. The status of the license; and
(3) For all licensees:
a. The date of initial licensure; and
b. Period(s) of active licensure.
(c)
In response to a request or on its website, the OPLC shall disclose:
(1) The name, type of license applied for, and
application status of any applicant or category of applicants for whom the
information is requested; and
(2) The name, license type, license number, and
license status of any licensee or category of licensees for whom the
information is requested.
(d)
For applicants and licensees who are individuals, the OPLC shall not
disclose any of the individual’s contact information unless:
(1) The individual has specifically authorized
such disclosure; or
(2) The OPLC is ordered by a court of competent
jurisdiction to disclose the information.
(e)
For applicants and licensees who are legal entities, the OPLC shall not
disclose the entity’s designated email address unless:
(1) The entity has specifically authorized such
disclosure; or
(2) The OPLC is ordered by a court of competent
jurisdiction to disclose the information.
(f)
Nothing in this section shall prohibit the OPLC from disclosing:
(1) Aggregate data that does not contain any
personal identifiers, for example the number of licenses issued for a
particular profession during a specified time period;
or
(2) Limited data sets and statistical tables as
provided in RSA 91-A:10, II.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 301.05 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 established in these rules shall
begin with the day after the action that sets the time period in motion and
include the last day of the period so computed.
(c) For time periods
not established in statute, if the last day of the period so computed does not
fall on a working day, then the time period shall be
extended to include the first working day following.
(d) Time periods established in statute shall be
determined as specified in the statute.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART Plc 302
DEFINITIONS
Plc 302.01 “Applicable board” means the supported board,
commission, or council that regulates the profession for which an application
for initial or renewal licensure, reinstatement of licensure, or temporary
licensure is made, provided that for those professions for which the applicable
board is advisory, the term means the executive director in consultation with
the advisory board.
Source. (See Revision Note at chapter heading for Plc
300) #13606, eff 5-1-23
Plc
302.02 “Applicable law” means the state
and federal statute(s), rules, standing orders, and case law, if any, under
which a profession is regulated in New Hampshire.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
302.03 “Compliance bureau” means the
organizational unit within the OPLC’s division of enforcement that is
responsible for conducting inspections.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.04 “Contact information” means:
(a)
For an individual, the individual’s designated email address, home or
other personal telephone number, and home physical address and home mailing
address, if different; and
(b)
For a legal entity, the legal entity’s designated email address,
telephone number, and physical address and mailing address, if different.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.05 “Criminal records check” means the process
undertaken by the NH department of safety (NHDOS) that requires live scanned
prints to be taken digitally and submitted electronically to the NH criminal
records unit and the FBI. The term
includes a “criminal history record” but does not include an “online NH
criminal conviction check”.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.06 “Designated email address” means the email
address identified by an applicant or licensee as the address for the OPLC to use
when sending notifications and licenses.
Source. (See Revision Note at chapter heading for Plc
300) #13606, eff 5-1-23
Plc 302.07 “Executive director” means the executive
director of the OPLC or designee.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.08 “Lapsed” as applied to a license means the
expiration date identified in applicable law has passed and either no
application for renewal was filed, or an incomplete application for renewal was
filed but was not completed by the expiration date of the license. The term
includes “expired”.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.09 “License” means “license” as defined in RSA
541-A:1, VIII, namely “the whole or part of any agency permit, certificate,
approval, registration, charter or similar form of permission required by law.” For purposes of this chapter, the term
includes any similar form of approval to practice a regulated profession in any
jurisdiction.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.10 “Licensing bureau” means the organizational
unit within the OPLC’s division of licensing and board administration that is
responsible for accepting and processing applications.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.11 “Office or other place of business” means:
(a)
The primary location where a licensee practices or otherwise engages in
the occupation or profession; or
(b)
For those occupations and professions for which the licensee goes to the
client’s premises or otherwise has a mobile operation, the location that serves
as a licensee’s base of operations.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
302.12 “On active military duty” means
on active duty in the U.S. armed forces.
The term includes “active military”.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
302.13 “Person” means:
(a) An individual, for all regulated professions;
and
(b) A legal entity, for those regulated
professions for which applicable law authorizes a legal entity, such as a
corporation or professional association, to obtain a license.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.14 “Practice” as a verb means to engage in a
regulated profession.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.15 “Practice act” means the statute(s) that
confer(s) authority on the applicable board to regulate a specific profession.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.16 “Reciprocity” means the acceptance of another
jurisdiction’s licensure as proof of qualifying for licensure in New
Hampshire. The term includes
“endorsement”, “portability”, “license recognition”, and any other term used in
applicable law to mean the same thing.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.17 “Regulated profession” means an occupation or
profession for which a license is required to be obtained from the applicable
board prior to engaging in the occupation or profession in New Hampshire.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.18 “Reinstatement” means:
(a)
The reactivation of a license that was suspended;
(b)
The issuance of a license to a person whose license was revoked; or
(c)
The issuance of a license to a person whose license has expired or
lapsed but was not suspended or revoked.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.19 “Substantially similar
requirements”, for purposes of licensure by endorsement, means requirements
that meet the criteria specified in Plc 313.11 through Plc 313.60 for the
license being sought.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 302.20 “Supported boards, commissions, and councils”
means the various legal entities that are supported by the OPLC, as listed in
RSA 310‑A:1‑a, I. The term
includes the singular form and the alternate form, such as “supported board,
commission, or council”.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.21 “Third party testing organization” means any regional or
national accrediting or testing organization that administers an examination
that is required by applicable law for licensure in New Hampshire.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 302.22 “Working day” means any Monday through Friday,
excluding days on which state offices are closed in observance of holidays.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART Plc 303
REQUIRED CREDENTIALS AND EXAMINATIONS
Plc 303.01 Timing of Obtaining Credentials Relative
to Applications. If applicable law
requires individuals to hold credentials from a regional or national
organization in order to practice in New Hampshire,
the applicant shall obtain such credentials prior to submitting an application
for licensure in New Hampshire unless applicable law allows an application to
be filed prior to actually receiving the credentials.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 303.02 Timing of Third Party Examinations
Relative to Applications. If
applicable law requires applicants to obtain prior permission from the
applicable board to take an examination from a third party testing
organization, the applicant shall submit an application
for licensure prior to registering for and taking the examination.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 303.03 Examinations Administered by Third Party
Testing Organizations.
(a)
Any individual seeking to obtain a license in a profession for which
applicable law requires applicants to pass an examination administered by a
third party testing organization, shall:
(1) Register directly with the testing
organization, including paying any fee required by the testing organization;
and
(2) Request the testing organization to transmit
the results directly to the licensing bureau.
(b)
Any individual seeking reasonable accommodations for disabilities in the
administration of the third party testing shall do so through the testing
organization.
(c)
Any individual seeking to retake an examination administered by a third
party testing organization shall apply to retake the examination directly to
the testing organization, including paying any fee required by the testing
organization.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 303.04 Examinations
Administered by Licensing Bureau.
(a)
Any individual seeking to practice in a profession for which applicable
law requires applicants to pass an examination, such as a jurisprudence
examination, that is administered by the licensing bureau on behalf of an
applicable board, shall file the application in order to
be eligible to take the exam.
(b)
Any individual seeking reasonable accommodations for
disabilities in the administration of the testing shall do so through the
licensing bureau.
(c)
Any individual seeking to retake an examination administered by the
licensing bureau on behalf of an applicable board shall apply to retake the
examination directly to the licensing bureau.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 303.05 English Language Proficiency Examinations.
(a)
Any individual seeking to practice in a profession for which applicable
law requires applicants meeting certain criteria to pass an English language
proficiency examination shall register directly with a third party testing
organization to take the exam identified in applicable law.
(b)
Any individual seeking reasonable accommodations for
disabilities in the administration of an English language proficiency examination shall
do so through the testing organization.
(c)
Any individual seeking to retake an English language proficiency
examination shall apply to retake the examination directly to the testing
organization, including paying any fee required by the testing organization.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART Plc 304 INITIAL LICENSURE
Plc 304.01 Applying for Initial Licensure. Any person who wishes to apply for a New
Hampshire license in a regulated profession in which the person is not
currently licensed in New Hampshire shall:
(a)
Submit the following to the licensing bureau using the portal available
via www.oplc.nh.gov
or, if the portal is not yet available or if submitting the application via the
portal is not practicable, by mailing a paper application to the address
specified in Plc 102.03:
(1) A completed “Universal Application for
Initial License”, dated March 2023, that contains the information specified in
Plc 304.03 and is signed and attested to as specified in Plc 304.05;
(2) The additional information or documentation
specified in Plc 304.04, as applicable; and
(3) The non-refundable application processing fee
and inspection fee, if any, specified in Plc 1002 or, if the profession’s fees
are not yet specified in Plc 1002, the fee(s) specified in applicable law
unless Plc 304.02 applies;
(b)
If applicable law requires a criminal records check, complete the
process established by applicable law and the NHDOS for requesting a criminal
records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or
directly at https://services.dos.nh.gov/chri/cpo/,
including paying any required fee and directing that the results be sent to the
licensing bureau; and
(c) If applicable law requires proof
of post-high school education, arrange for an official transcript, which
shows the relevant degree
awarded or training received and the date the degree was awarded or training
was completed, to be sent by the issuing institution electronically to the
licensing bureau at customersupport@oplc.nh.gov or, if not possible
to transmit electronically, by mailing the transcript to the OPLC licensing
bureau at the address specified for the OPLC in Plc 102.03.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 304.02 Facilitated Licensing for Active Military
and Spouses. Individuals who are on
active military duty and spouses of such individuals who wish to be licensed in
New Hampshire shall apply for initial licensing as specified in Plc 304.01,
except that no fee shall be required.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
304.03 Information Required for
Initial License Application. The
applicant shall identify the profession for which the application is being
filed and indicate whether the applicant is an individual or an entity, and
then provide the following information:
(a) If the applicant is
an individual, the following:
(1) The
applicant’s full legal name, including any suffix such as “Jr.” or “III”, and
any name(s) under which the applicant holds or has held a professional license;
(2) The
applicant’s date of birth by month, day, and year;
(3) The
applicant’s gender assigned at birth, to be used solely for purpose of
workforce data analysis by New Hampshire employment security;
(4) The
applicant’s social security number, as required by RSA 161-B:11, VI-a and 42
U.S.C. 666(a)(13);
(5) The
applicant’s home physical address by street name and number, apartment
number if applicable, municipality,
county, state, zip code, and country if not the U.S., and home mailing address
if different;
(6) The
applicant’s home or other personal telephone number;
(7) The
applicant’s designated email address;
(8) The name,
physical address, and telephone number of the applicant’s anticipated office or
other place of business, if known;
(9) Whether
the applicant speaks English as the primary language and, if not, the
applicant’s primary language and other secondary languages;
(10) Whether
the applicant is on active military duty or is the spouse of an individual who
is on active military duty, and whether the applicant is applying for
facilitated licensure;
(12) If specific training or a specific degree is
required by applicable law, the name of the educational institution that
provided the training or degree required and the date the training was completed or degree was received; and
(13) Any
other profession-specific information required by applicable law, to the extent
not otherwise covered by this section;
(b) If the applicant is an entity, the following:
(1) The
applicant’s full legal name as shown on the document(s) that created the entity
and each name under which the applicant does business in New Hampshire;
(2) The type
of entity the applicant is, such as a corporation, limited liability
corporation, professional association, partnership, or other form;
(3) The
entity’s date and state of formation;
(4) The
applicant’s primary physical address in New Hampshire by street name and
number, suite number if any, municipality, county, and zip code, and New
Hampshire mailing address if different;
(5) The
applicant’s main telephone number;
(6) The
applicant’s designated email address;
(7) The name,
telephone number, and email address of the individual authorized by the
applicant to sign the application and the name, telephone number, and email
address of each individual authorized by the applicant
to interact with the OPLC regarding the application and any license issued
based on the application, if other than the authorized signer; and
(8) Any
additional information required for entities by applicable law;
(c) Identification of each jurisdiction in which
the applicant has applied for, holds, or has held a license to practice in the
same profession as the license being applied for and, if required by applicable
law, any other profession for which the applicant holds or has held a license,
and for each, the license number, date initially licensed, date most recently
licensed, and the status in each jurisdiction such as in good standing,
expired, suspended, revoked, or denied renewal;
(d) If the applicant is applying for an initial
license in New Hampshire based on reciprocity and is licensed in more than one
other jurisdiction, identification of which jurisdiction the applicant believes
has requirements for licensure that are equivalent to, or greater than, those
established by applicable law;
(e) A “yes” or “no” answer to the following
questions relating to background and character:
(1) Whether the applicant is now or has any
reason to believe that the applicant will soon be the subject of a disciplinary
proceeding, settlement agreement, or consent decree undertaken or issued by a
professional licensing board of any jurisdiction;
(2) Whether any malpractice claim has been made
against the applicant within the past 10 years;
(3) Whether the applicant has, for disciplinary
reasons, been put on administrative leave, been fired for cause other than
staff reduction from a position at the applicant’s place of employment, or had
any privileges limited, suspended, or revoked in any professional setting
within the past 10 years;
(4) Whether the applicant has been denied the
privilege of taking an examination required for any professional licensure
within the past 10 years;
(5) Whether the applicant has committed any
act(s) within the past 10 years that would violate the laws or rules that
govern the profession for which application is being made;
(6) Whether the applicant has ever been found
guilty of or entered a plea of no contest to any felony that is related to
professional practice;
(7) Whether the applicant has been found guilty
of or entered a plea of no contest to, within the past 10 years, any felony
that is not related to professional practice, or any misdemeanor;
(8) Whether the applicant has been the subject of
any disciplinary action by any professional licensing authority within the past
10 years;
(9) Whether the applicant has, within the past 10
years, been denied a license or other authorization to practice in any
jurisdiction; and
(10) Whether the applicant has, within the past 10
years, surrendered a license or other authorization to practice issued by any
jurisdiction in order to avoid or settle disciplinary
charges;
(f) For applicants in any health care profession,
whether the applicant has an ownership interest in any diagnostic or
therapeutic service(s) or company(ies), and if so the
name and address of each company and the specific diagnostic or therapeutic
services provided by the company, to comply with RSA 125:25-c; and
(g) Whether the applicant consents to the
disclosure to third parties of:
(1) For
individuals, any or all of the applicant’s contact
information; or
(2) For
entities, the entity’s designated email address.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
304.04 Additional Information
and Documentation Required for Initial License Application. At the time that an applicant for initial
licensure submits a completed license application form, the applicant shall
submit, or arrange for the licensing bureau to receive, the following:
(a) A clear explanation
of the relevant circumstances of:
(1) Any license sanctions, including fines or
penalties, imposed administratively or via a court proceeding in a jurisdiction
listed pursuant to Plc
304.03(c); and
(2) Any “yes” answer to the background and
character questions listed in Plc 304.03(e) that is not covered by (1), above;
(b) If
applicable, the
applicant’s examination scores
sent directly to the licensing bureau by the third party testing organization,
including the English proficiency score if required by applicable law;
(c) Subject to (d), below, an official
letter of verification sent directly to the licensing bureau at customersupport@oplc.nh.gov, or if the information cannot be sent
electronically, at the mailing address for the OPLC specified in Plc 102.03,
from each state that has issued the applicant a license or other authorization
to practice the profession for which application is being made, that states:
(1)
Whether the license or other authorization is or was, during its period
of validity, in good standing; and
(2)
Whether any disciplinary action is pending or was taken against the
license or other authorization to practice, whether administratively or via a court proceeding;
(d) If the information required by (c), above, is
available on a website and is considered by the issuing jurisdiction to be a
primary source verification, the URL of each such website;
(e) For applicants who are on active military
duty, proof of service status in the form of verification from the Defense
Finance and Accounting Service at https://www.dfas.mil/garnishment/verifyservice/;
(f) For any applicant applying for facilitated
licensure as the spouse of an individual who is on active military duty, proof
of service status as required by (e), above, and proof of marriage in the form
of:
(1) A
copy of the front and back of the applicant’s current military spouse
identification card; or
(2) A
copy of the applicant’s official marriage certificate, and, if the certificate
is not in English, an English translation of the certificate that is certified
by the translator as being an accurate translation;
(g) For any applicant that is an entity:
(1) A copy of the legal document that authorizes
the individual identified pursuant to Plc 304.03(b)(7) to sign the application
on the applicant’s behalf;
and
(2)
Confirmation from the New Hampshire secretary of state’s office that the
entity applying for licensure is in good standing and authorized to do business
in New Hampshire; and
(h)
Any additional information or materials required by applicable law, such as proof of certification by, or
registration with, a regional or national credentialing organization, except
that no photograph shall be required to be submitted unless required by an
applicable statute.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
304.05 Signature and Attestation
Required for Initial License Application.
(a) The applicant for an initial license, or the
authorized individual on behalf of an entity, shall sign and date the
application, provided that for applications that are submitted electronically,
the act of submitting the application shall constitute the signature and the
date of submission shall be the date.
(b) The signature shall constitute the
applicant’s attestation that:
(2)
The information and documentation provided are true, complete, and not
misleading to the best of the applicant’s knowledge and belief;
(3)
The applicant understands that providing false or misleading information
constitutes grounds for denial, suspension, or revocation of a license; and
(4)
The applicant understands that knowingly providing false material
information constitutes a misdemeanor under RSA 641:3 relative to falsification
in official matters.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
304.06 Initial Review of Applications
for Initial Licensure; Abandonment.
(a) Within
30 days of receipt of an application submitted pursuant to Plc 304.01 or Plc
304.02, the licensing bureau shall:
(1)
Accept the application as being complete;
(2)
Accept the application as being complete except for test results; or
(3)
Determine that the application is incomplete because it lacks something
other than, or in addition to, test results, and notify the applicant in
writing sent to the applicant’s designated email address that the application
is incomplete, specifying what the applicant needs to submit to complete the
application.
(c) If the application is complete except for
test results, and either the test has been taken but the testing organization
has not sent in the results or the applicant has registered for the test but
has not yet taken the test, the licensing bureau shall hold the application
until the results are received, but no more than 180 days.
(d) A notice of incompleteness sent pursuant to
(a)(3), above, shall inform the applicant that the application will be deemed
to have been abandoned if the application is not completed within 60 days, provided that test results shall not be subject to the
60-day time limit.
(e) An applicant who is unable to complete the
application by the specified deadline due to circumstances beyond the control
of the applicant may request additional time to complete the application in
accordance with (f), below.
(f) A request for additional time to complete an
application shall:
(1)
Identify the name in which the application was submitted, the date the
application was submitted, and the profession for which the application was
submitted;
(2) Be
submitted by the applicant in writing to the licensing bureau via email to customersupport@oplc.nh.gov no later than the deadline specified for
completing the application;
(3)
Clearly explain the circumstances that are beyond the applicant’s
control that prevent the applicant from completing the application by the
deadline; and
(4)
Identify the date by which the applicant will complete the application,
which shall be no later than 60 days after the original deadline.
(g) The licensing bureau shall grant additional
time to complete the application if the applicant is prevented by circumstances
beyond the applicant’s control from completing the application and requests
additional time in accordance with (f), above.
(h) An application shall be deemed abandoned, and
no decision shall be made to approve or deny the application, if the applicant
submits an incomplete application for initial licensure and either:
(1)
Does not provide the required information and does not request
additional time to complete the application by the specified deadline; or
(2)
Requests and receives additional time to complete the application but
does not submit the required information by the new deadline.
(i) If the
application is abandoned, then:
(1) The
application processing fee shall not be refunded;
(2) Any
examination fee for an examination administered by the licensing bureau on
behalf of the applicable board shall be refunded only if:
a. The applicant
has not already taken the examination;
b. The
applicant’s payment has cleared; and
c. The
OPLC has not already spent the funds in preparation for administering the
examination; and
(3) Any
inspection fee for an inspection required for licensure shall be refunded only
if:
a. The
inspection has not already been done; and
b. The
applicant’s payment has cleared.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
304.07 Withdrawal of Application for
Initial Licensure.
(a)
An applicant may withdraw the application for licensure at any time
prior to being notified of a decision under Plc 304.09.
(b)
To withdraw an application, the applicant shall submit written notice to
the licensing bureau via email addressed to customersupport@oplc.nh.gov
that:
(1) Clearly states the applicant’s intention to
withdraw the application; and
(2) Clearly identifies the name in which the
application was submitted, the profession for which the application was
submitted, and the date the application was submitted.
(c)
Upon receipt of a notice of withdrawal, the licensing bureau shall cease
processing the application and mark the file to indicate the application was
voluntarily withdrawn by the applicant.
(d)
If the application is withdrawn, then:
(1) The application processing fee shall not be
refunded;
(2) Any examination fee for an examination
administered by the licensing bureau on behalf of the applicable board shall be
refunded only if:
a. The applicant has not already taken the
examination;
b. The applicant’s payment has cleared; and
c. The OPLC has not already spent the funds in
preparation for administering the examination; and
(3) Any inspection fee for an inspection required
for licensure shall be refunded only if:
a. The inspection has not already been done; and
b. The applicant’s payment has cleared.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
304.08 Review of Complete
Applications for Initial Licensure; Inspections.
(a) After determining that an application is
complete, the licensing bureau shall:
(1)
Forward the application to the applicable board, for any applicable
board that reviews applications directly; or
(2)
Review the application to determine whether the applicant meets all
criteria specified in applicable law for the license being applied for,
provided that if an inspection is required prior to licensure, the licensing
bureau shall refer the application to the compliance bureau for the inspection
to be done.
(b) Subject to (c) and (d), below, the licensing
bureau shall make a decision on a complete application
for initial licensure within 60 days of determining that an application is
complete.
(c) If
an inspection is required by applicable law before a license can be issued,
then:
(1) The
compliance bureau shall notify the applicant of the date and time of the
inspection;
(2) If
the applicant cannot be available as scheduled due to circumstances beyond the
applicant’s control, the applicant shall request the inspection to be
rescheduled, provided that the applicant shall make all reasonable efforts to
allow the inspection to be completed within 30 days of the initial contact by
the compliance bureau to schedule the inspection; and
(3) In
all cases, the applicant shall allow the inspection to be completed within 60
days of the initial contact to schedule the inspection.
(d) If a timely inspection cannot be completed within 60 days of the initial
contact to schedule the inspection due to the
applicant’s lack of cooperation or other conduct, the application shall be
denied.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
304.09 Decisions on Applications for
Initial Licensure.
(a) For applications evaluated by the licensing
bureau, if the applicant has demonstrated that all eligibility criteria
specified in applicable law for initial licensure have been met, the licensing
bureau shall approve the application and issue an initial license to the
applicant at the applicant’s designated email address.
(b) For applications evaluated by an applicable
board, if the applicant has demonstrated that all eligibility criteria
specified in applicable law for initial licensure have been met, the applicable
board shall so notify the licensing bureau and the licensing bureau shall issue
an initial license to the applicant at the applicant’s designated email
address.
(c) If the applicant has not demonstrated that
all eligibility criteria specified in applicable law for full initial licensure
have been met but applicable law provides for conditional initial licensure and
the applicant has demonstrated that all eligibility criteria for conditional
initial licensure have been met, then:
(1) For
applications evaluated by the licensing bureau, the licensing bureau shall
approve the application and issue a conditional initial license to the
applicant at the applicant’s designated
email address; or
(2) For
applications evaluated by an applicable board, the applicable board shall so
notify the licensing bureau and the licensing bureau shall issue an initial
conditional license to the applicant at the applicant’s designated email
address.
(d) If the applicant has not demonstrated that
all eligibility criteria specified in applicable law have been met for full
initial licensure or for conditional initial licensure, then:
(1) For
applications evaluated by the licensing bureau, the licensing bureau shall:
a.
Issue a conditional denial of the application; and
b.
Inform the applicant by email sent to the applicant’s designated email
address that the denial shall become final if the applicant does not file a
request for a hearing with the applicable board within 30 calendar days of the
date of the notice, provided that if the last day of the period is not a
working day, the deadline shall extend to 4:00 p.m. of the first working day
following; or
(2) For
applications evaluated by an applicable board, the applicable board shall:
a.
Inform the licensing bureau of the conditional denial;
b.
Issue a conditional denial of the application to the applicant at the
applicant’s designated email address; and
c.
Inform the applicant the denial shall become final if the applicant does
not file a request for a hearing with the applicable board within 30 calendar
days of the date of the notice, provided that if the last day of the period is
not a working day, the deadline shall extend to 4:00 p.m. of the first working
day following.
(e) If the applicant is notified of the
conditional denial by the licensing bureau, the licensing bureau shall forward
the application file, including the conditional denial, to the applicable
board.
(f) If the applicant does not file a request for
a hearing with the applicable board within the time period
specified in the notice issued pursuant to (d), above, the denial shall become
final.
(g) If the application is denied, no
application-related fees shall be refunded.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 304.10 Challenging a Conditional Denial of
Initial Licensure.
(a)
An applicant who wishes to challenge the conditional denial of an
application for initial licensure shall submit a written request for a hearing
to the applicable board within 30 days of the notification of denial, unless
extended for applicants on active military duty pursuant to (d), below.
(b)
The request shall identify the applicant’s name as shown on the
application, the type of license applied for, the date the application was
denied, and each reason why the applicant believes the license should be
granted.
(c)
Upon receipt of a written request for a hearing under (a), above, the
applicable board shall commence an adjudicative proceeding as required by RSA
541-A and applicable law.
(d)
If the applicant is on active military duty, the applicant shall:
(1) If stationed within the United States,
request a hearing within 60 days of the notification of denial; or
(2) If stationed outside of the United States,
request a hearing within 60 days of returning to the United States.
(e)
An applicant who requests a hearing pursuant to (d), above, may request
that the hearing be deferred until the applicant is no longer on active duty.
(f)
If an applicant files a request pursuant to (d), above, then:
(1) The request shall include an explanation
demonstrating that the criteria specified in (d), above, are met; and
(2) The applicant shall file a copy of the
applicant’s discharge papers within 60 days of discharge from active duty.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 304.11 Issuance of Initial Licenses.
(a)
Each initial license and conditional initial license issued under this
chapter shall specify:
(1) The name of the licensee;
(2) The profession in which the licensee is
authorized to practice and any limitations or sub-specialty, for example “Body
Art Practitioner - Tattoo”;
(3) The effective date of the license; and
(4) The license number.
(b)
Upon issuance of an initial license or initial conditional license, the
licensee shall become subject to Plc 307, Plc 310, and Plc 311 and to the
regulatory authority of the applicable board.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 304.12 Duration of Initial Licenses.
(a)
As provided in RSA 310-A:1-h, subject to (b), below, initial licenses
issued pursuant to this chapter that are not conditional shall be valid
for 2 years, subject to the following:
(1) Timely and complete application for license
renewal by eligible applicants shall continue the validity of the licenses
being renewed until final action has been taken on the renewal application; and
(2) Suspension or revocation of the
license pursuant to Plc 311 or other applicable law shall cause the license to
not be valid unless and until it is reinstated as provided in Plc 309.
(b)
If an applicable statute is amended to establish a different license
period or expiration date, or both, for a specific profession that supersedes
the 2-year license term and expiration date established in RSA 310-A:1-h, the
profession-specific statute shall apply to that profession.
(c)
A conditional license shall expire upon the first of the following
events:
(1) The date of expiration of the conditional
license;
(2) The approval or denial of full licensure; or
(3) Such other event(s) as are specified in
applicable law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 304.13 Issuance of Full Licenses to Conditional
Licensees.
(a)
A conditional licensee who completes all requirements for full licensure
as established by the applicable board may request a full license in accordance
with applicable law or, if applicable law is silent on the matter, in
accordance with this section.
(b)
To request a full license, the conditional licensee shall submit a
complete application for initial licensure, supplemented as necessary to
confirm that any requirements of the conditional license have been met.
(c)
The licensing bureau shall process an application for full licensure as
provided in Plc 304 for applications for initial licensure.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 304.14 Wall Certificates. Any licensee who wishes to have a wall
certificate to display in an office or other place of business shall submit a
written request for the wall certificate to the licensing bureau by submitting
a written request for a wall certificate that:
(a)
Includes:
(1) The name of the licensee or certificate
holder as it appears on the license;
(2) The license number from the
electronically-issued license;
(3) The profession in which the licensee is
licensed and any limitations or sub-specialties;
(4) Email and telephone contact information; and
(5) Payment of the fee for
wall display certificate specified in Plc 1001 made payable
to “Treasurer, State of NH”; and
(b)
Is mailed to the OPLC at the address specified in Plc 102.03.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART Plc 305
TEMPORARY LICENSURE
Plc
305.01 Purpose. The purpose of the rules in Plc 305 is to
implement RSA 310-A:1-f relative to temporary licensure of health care
professionals and RSA 332-G:14 relative to temporary licensing of professionals
licensed under Title XXX and the trades, professions, and businesses regulated
by the mechanical licensing board under RSA 153:27 through RSA 153:38.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
305.02 Applicability.
(a) Except as provided in (b) through (e), below,
Plc 305 shall apply to any individual who has an active, unencumbered license
in good standing in a regulated profession in another U.S. jurisdiction who
wishes to practice the profession in New Hampshire and has applied or is
applying for a regular license.
(b) As provided in RSA 332-G:14, II, Plc 305
shall not apply to any profession for which the applicable board has:
(1) Determined that another jurisdiction’s
licensure requirements are not substantially equivalent to, or more stringent
than, New Hampshire’s in education, training, experience, or scope of practice;
and
(2) Published the determination on its website.
(c) No person who has already obtained a New
Hampshire license that is active or expired, or that has been suspended or
revoked, shall apply for a temporary license under RSA 310-A:1-f, RSA 332-G:14,
or Plc 305 in the same profession.
(d) Individuals on active military duty and
spouses of such individuals may seek temporary licensure under this part or
under Plc 306.
(e) Rules of the applicable board shall apply in
lieu of these rules to temporary licenses that are not issued in conjunction
with an application for initial licensure, such as those that allow work on a
specific project or assignment, including but not limited to temporary licenses
from the board of professional engineers or board of professional geologists
that allow work on a specific project or from the NH real estate appraisers
board to allow work on a single assignment.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 305.03 Applications for Temporary License.
(a) An applicant for a temporary license shall
submit:
(1) A completed application for initial licensure
as provided in Plc 304, which may be submitted prior to or with the application
for temporary license;
(2) The
information specified in Plc 305.04(a)-(k) on a “Universal Temporary License
Application” dated March 2023, that is signed and attested to as specified in
Plc 305.05;
(3) The
verification specified in Plc 305.04(l); and
(4) The
temporary license application fee specified in Plc 1001.
(b) The applicant shall submit the required items
to the licensing bureau:
(1)
Electronically, using the portal available via the OPLC website at https://www.oplc.nh.gov;
or
(2) If
the portal is not yet available, by mailing or delivering to the OPLC office at
the address listed in Plc 102.03.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
305.04 Information and Verification
Required for a Temporary License. An
applicant for a temporary license shall identify the profession for which the
application is being filed and the date the application for initial licensure
was filed or is expected to be filed, and then provide the following
information and verification:
(a) The applicant’s full legal name including any
suffix such as “Jr.” or “III”, and any other name(s) in which the applicant
holds or has held a license;
(b) The applicant’s date of birth by month, day,
and year;
(c) The applicant’s social security number, as
required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);
(d) The applicant’s home physical address by
street name and number, apartment number if any, municipality, county, state,
zip code, and country if not the U.S., and home mailing address if different;
(e) The applicant’s home or other personal
telephone number;
(f) The applicant’s designated email address;
(g) Whether the applicant is on active military
duty or the spouse of an individual on active military duty;
(h) Identification of each U.S. jurisdiction
where the applicant holds an active license and for each, the license number,
date of most recent licensure, and whether the license is in good standing;
(i) An
answer to the question “Have you committed any acts or omissions that are grounds for
disciplinary action in another jurisdiction?”
(j) If the answer to the question in (i), above, is in the affirmative, a detailed letter of
explanation explaining the circumstances and any disciplinary or
non-disciplinary action taken;
(k) Whether the applicant consents to the
disclosure to third parties of any or all of the
applicant’s contact information; and
(l) Verification of licensure from a jurisdiction
listed pursuant to (h), above, that has licensure requirements in the
applicable profession that are substantially equivalent to or more stringent
than those of New Hampshire, in the form of an official verification or a
printout from an on-line license verification system.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
305.05 Required Signature and
Attestation.
(a) An applicant for a temporary license shall
sign and date the application, provided that for applications that are
submitted electronically, the act of submitting the application shall
constitute the signature and the date of submission shall be the date.
(b)
The signature shall constitute the applicant’s attestation that:
(1) The applicant is not under investigation by
any professional licensing board and the applicant’s credentials have not been
suspended or revoked by any professional licensing board;
(2) The information and documentation provided
are true, complete, and not misleading to the best of the applicant’s knowledge
and belief;
(3) The applicant understands that providing
false or misleading information constitutes grounds for denial, suspension, or
revocation of a license; and
(4) The applicant understands that knowingly
providing false material information constitutes a misdemeanor under RSA 641:3
relative to falsification in official matters.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 305.06 Processing of Applications for Temporary
License; Decisions.
(a) As required by RSA 332-G:14, IV, the
executive director shall grant a temporary license to each applicant who is a
professional in a profession that is subject to this part and who provides all
items specified in Plc 305.03, including without limitation proof that the
applicant holds an equivalent license in good standing in another U.S.
jurisdiction and has committed no acts or omissions that are grounds for
disciplinary action in another U.S. jurisdiction.
(b) If the information submitted by the applicant
shows that the applicant does not qualify for a temporary license, the
executive director shall deny the application.
(c) If the information submitted by the applicant
is insufficient to allow the executive director to issue or deny a temporary
license, the executive director shall request the applicant to provide the
additional information needed to allow a determination to be made.
(d) Denial of a temporary license under this part
shall not automatically result in denial of a regular license.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
305.07 Duration of Temporary License. As provided in RSA 310-A:1-f, II and RSA
332-G:14, IV, a temporary license issued under Plc 305.06 shall remain valid
for 120 days or until final action is taken on an application for full
licensure, whichever occurs first.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART
Plc 306 TEMPORARY LICENSURE FOR MILITARY
SERVICE MEMBERS AND SPOUSES
Plc 306.01 Purpose and Applicability.
(a)
The purpose of this part is to implement RSA 310-A:1-p as enacted by
Laws of 2022, 310:8, effective August 30, 2022, relative to temporary licensure
for military service members and spouses of military service members, reprinted
in Appendix B.
(b)
This part shall apply to any individual on active military duty or
spouse of an individual on active military duty who holds a current, valid,
unencumbered occupational or professional license in good standing issued by a
state or territory of the United States who wishes to practice the occupation
or profession in New Hampshire.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 306.02 Qualifications. As required by RSA 310-A:1-p, to qualify for
a temporary license under this part the applicant shall:
(a)
Be a member of the armed forces of the United States or the spouse of a
member of the armed forces of the United States;
(b)
Hold a current, valid, unencumbered occupational or professional license
in good standing issued by a state or territory of the United States that
corresponds to a license, registration, or certificate needed to practice an
occupation or profession in New Hampshire; and
(c)
Be in good standing in all jurisdictions in which the applicant holds or
has held a license.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 306.03 Application for Temporary License for
Active Duty Military and Spouses.
(a)
To apply for a temporary license under this part, the applicant shall
submit the following to the licensing bureau via the on-line licensing portal
at the OPLC website at https://www.oplc.nh.gov or, if the on-line
portal is not yet available, by mail to the OPLC at the address listed in Plc
102.03:
(1) A completed application for initial licensure
as provided in Plc 304, which may be submitted prior to or with the application
for a temporary license;
(2) An “Application For
Temporary License for Active Military and Spouses” dated February 2023 that
includes the information required by Plc 306.04; and
(3) The supporting documentation identified in
Plc 306.05.
(b)
As required by RSA 310-A:1-p, II, the applicant shall execute and submit
with the application submitted pursuant to (a)(2), above, a notarized affidavit
affirming, under penalty of law, that:
(1) The applicant is the individual described and
identified in the application;
(2) All statements made on the application are
true and correct and complete;
(3) The applicant has read and understands the
requirements for licensure and attests that those requirements are met; and
(4) The applicant is in good standing in all
jurisdictions in which the applicant holds or has held a license.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 306.04 Information Required for Temporary License
Application. The applicant for a
temporary license under this part shall provide the following information:
(a)
The date the application for initial licensure was filed or is
anticipated to be filed and the profession for which the application is being
filed;
(b)
The applicant’s full legal name including any suffix such as “Jr.” or “III”, and any
other name(s) under which the applicant holds or has held a professional
license;
(c)
The applicant’s date of birth by month, day, and year;
(d)
The applicant’s social security number as required by RSA 161-B:11, VI-a
and 42 U.S.C. 666(a)(13);
(e)
The applicant’s home physical address by street name and number,
apartment number if applicable, municipality, county, state, zip code, and
country if not the U.S., and home mailing address if different;
(f)
The applicant’s home or other personal telephone number;
(g) The applicant’s designated e-mail address;
(h)
Whether the applicant is on active military duty or is the spouse of an
individual on active military duty;
(i) A list of each jurisdiction in which the
applicant holds or has held a license to practice the occupation or profession
for which a temporary license is sought and for each:
(1) The license number and date of most recent
licensure; and
(2) The status of the license, such as active,
expired, suspended, revoked, or denied renewal; and
(j) Whether the applicant consents to the
disclosure to third parties of any or all of the applicant’s contact information.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 306.05 Documentation Required for Temporary
License Application. Applicants
under this part shall provide the following with the application submitted
pursuant to Plc 306.03:
(b) For an applicant who is the spouse of an
individual on active military duty, a copy of the applicant’s spouse’s
confirmation of military status and proof of marriage as provided in Plc
304.04(f); and
(c) For any applicant, proof of licensure in a
state or territory of the U.S. that:
(1)
Identifies the applicant by name; and
(2)
Clearly shows that the applicant is authorized to practice the
occupation or profession in that jurisdiction.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 306.06 Decisions on Applications for Temporary
License.
(a)
As required by RSA 310-A:1-p, the executive director shall make a decision on the application within 30 days of having
received an application or, if the applicant is subject to a criminal records
check, within 14 days of having received the results of a criminal records
check.
(b)
The executive director shall issue a temporary license to any applicant
who submits a complete application as required by Plc 306.03 and demonstrates
that the statutory qualifications in RSA 310-A:1-p are met.
(c) If the information submitted by the applicant
shows that the applicant does not qualify for a temporary license, the
executive director shall deny the application.
(d) If the information submitted by the applicant
is insufficient to allow the executive director to issue or deny a temporary
license, the executive director shall request the applicant to provide the
additional information needed to allow a determination to be made.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 306.07 Duration and Expiration of Temporary
License under RSA 310-A:1-p.
(a)
As provided in RSA 310-A:1-p, I, the temporary license shall be valid
while completing the requirements for initial licensure in New Hampshire for
not less than 180 days.
(b)
As provided in RSA 310-A:1-p, III, an applicant may request a one-time
180-day extension of the temporary license if necessary to complete the New
Hampshire licensing requirements.
(c)
To request an extension, the applicant shall submit a request within 15
days prior to the temporary license’s expiration date, as required by RSA
310-A:1-p, III.
(d)
A temporary license shall expire 180 days after issuance if a final
decision has not been made on the application for initial licensure unless the
applicant requests and receives an extension under (c), above.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART
Plc 307 LICENSEE OBLIGATIONS
Plc 307.01 Applicability.
(a)
Plc 307.02 and Plc 307.03 shall apply to any person who has obtained a
license on or after the 2023 effective date of this chapter, whether an initial
license, temporary license, or renewal license.
(b)
Plc 307.04 shall apply to:
(1) Any person who has obtained or renewed a
license under this chapter, whether an initial license, temporary license, or
renewal license;
(2) Any student practicing under a provision in
applicable law that allows such practice, whether as an internship or under a
student license; and
(3) Any person who has obtained a license from an
applicable board.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 307.02 Licensee Obligations for Notifications.
(a)
Unless a longer time period is established in
an applicable statute, each licensee shall:
(1) Notify the licensing bureau within 10 working
days when a change of name occurs; and
(2) Update the OPLC’s records within 10 working
days when a change of contact information or a change in business address
occurs.
(b)
Each licensee shall know, and have available in the licensee’s office or
other place of business, information regarding how complaints can be filed with
the OPLC or the applicable board.
(c)
Unless a longer time period is established in
an applicable statute, each licensee shall inform the applicable board within
10 working days of any disciplinary action taken against the licensee by any
jurisdiction in which the licensee is authorized to practice in any profession.
(d)
Unless a longer time period is established in
an applicable statute, each licensee shall inform the applicable board within
10 working days of:
(1) The commencement of any civil action or
insurance claim filed against the licensee that alleges malpractice; and
(2) Any decision(s) made in such civil actions or
insurance claims.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 307.03 Licensee
Responsibilities for Renewal.
Each licensee shall:
(a)
Know when the licensee’s license is due to expire; and
(b)
For an initial license that is not conditional and for a license that
has been renewed previously, file an application for renewal prior to the
expiration of the current license in accordance with Plc 308.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 307.04 Obligations of Persons Subject to These
Rules.
(a)
Each person subject to these rules shall comply with all applicable law.
(b)
In any application or other document filed with, or statement made to,
the licensing bureau or the applicable board, each person subject to these
rules shall provide information that, to the best of the person’s knowledge and
belief, is true, complete, and not misleading.
(c)
Each person subject to these rules shall cooperate with investigations
and requests for information from the OPLC and the applicable board, wherein
“cooperate” means to provide the information requested, answer any questions
posed, and allow inspections in order to enable the
OPLC or applicable board to determine compliance with applicable law.
(d)
Each person subject to these rules shall provide honest and accurate
information in reports prepared as part of practicing the profession in which
the person is authorized to practice.
(e)
Each person subject to these rules shall report evidence of professional
misconduct on the part of another licensee when that conduct poses a potential
threat to life, health, or safety.
(f)
Each person subject to these rules shall maintain sexual boundaries by:
(1) Refraining from any behavior that exploits
the professional-client or professional-patient relationship in a sexual way;
and
(2) Avoiding any behavior that is sexual,
seductive, suggestive, or sexually demeaning, or could be reasonably
interpreted as such, even when initiated by or consented to by the target of
the behavior.
(g)
Each person subject to these rules shall be truthful in publicly
representing or advertising himself or herself by avoiding the following:
(1) False, deceptive, or misleading statements;
(2) Unreasonable or exaggerated claims of
success;
(3) Guarantees of success;
(4) Claims or implications of professional
superiority or of training that cannot be substantiated; and
(5) Unsubstantiated claims of expertise or
certification of such in any specific areas of the scope of practice set forth
in applicable law.
(h)
Each person subject to these rules shall interact with colleagues and
clients with honesty and integrity.
(i) No person subject to these rules shall
misrepresent professional qualifications or credentials.
(j)
Each person subject to these rules shall treat all individuals with whom
the person interacts in a professional capacity with respect and civility.
(k)
No person subject to these rules shall engage in hazing or sexual,
verbal, or physical harassment of any individual when interacting in a
professional capacity.
(l)
No person subject to these rules shall discriminate based on age, sex,
gender identity, race, creed, color, marital status, familial status, physical
or mental disability, or national origin, or any additional class protected by
law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART
Plc 308 RENEWALS; CONTINUING EDUCATION
Plc
308.01 License Expiration.
(a)
As provided in RSA 310-A:1-h, subject to (b), below:
(1) Issued licenses shall expire on the last day
of the month in the month the license was issued;
(2) Applicants shall submit completed
applications for renewal, the renewal fee, and any supporting documents
required for that renewal on or before the last day in the month of renewal;
(3) A license shall lapse if a completed renewal
application, renewal fee, and supporting documents have not been filed by the
last day in the month of renewal; and
(4) The holder of a lapsed license shall not be
authorized to practice until the license has been reinstated.
(b)
If an applicable statute is amended to establish a different license
period or expiration date, or both, for a specific profession that supersedes
RSA 310-A:1-h, the profession-specific statute shall apply to that profession.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.02 Eligibility for Renewal. A licensee shall be eligible to renew the
license held if the licensee has:
(a)
Met applicable continuing competence requirements;
(b)
Met any other requirements for renewal eligibility established in
applicable law; and
(c)
Paid any monetary penalties that have been assessed against the licensee
by an applicable board.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.03 Notification of Pending License Expiration.
(a)
As required by RSA 310-A:1-h, at least 2 months prior to the expiration
of a license, the licensing bureau shall:
(1) Notify, via email sent to the licensee’s
designated email address, each licensee whose license is expiring that the
license is due to expire; and
(2) Include with the notice a registration code
for the licensee to use to renew on-line or, if the renewal application is not
yet available on-line, a renewal application.
(b)
If a licensee does not receive a registration code or application as
provided in (a)(2), above, the licensee shall contact the OPLC at customersupport@oplc.nh.gov
to obtain a registration code or application.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.04 Continuing Education; Continuing
Competence; Documentation and Audits.
(a)
Each licensee shall comply with all continuing education or continuing
competence requirements specified in applicable law.
(b)
Upon being notified by the OPLC
that an on-line system administered by a third party organization under
contract to the OPLC is available to manage continuing competence compliance,
each licensee shall use the on-line system to track and report the completion
of continuing competence activities unless a profession-specific on-line system
is used.
(c) Until an on-line system becomes available,
each licensee shall retain documentation of participating in and successfully
completing continuing competence activities as described in applicable law for
the specific course or activity for the longer of the time specified in
applicable law or 3 years.
(d) Each licensee shall provide such information
as is requested by the applicable board as part of an audit conducted pursuant
to applicable law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.05 Application for License Renewal.
(a)
If a licensee wishes to renew, the licensee shall submit the
information, materials, and fee(s) identified in (b), below, using the portal
available at https://www.oplc.nh.gov,
not more than 60 days prior to the expiration of the license but prior to the
last day of the month of expiration, provided that if the portal is not yet
available, the application package shall be submitted by mailing to the address
specified in Plc 102.03 so that the package is received by the OPLC prior to
the last day of the month of expiration.
(b)
The licensee shall submit the following information, materials, and
fee(s):
(1) The information specified in Plc 308.06 on
the “Universal Application for License Renewal”, dated March 2023, that is
signed and attested to as provided in Plc 308.08;
(2) Attestation or proof of having met applicable
continuing education requirements, as required by applicable law;
(3) The supporting documentation identified in
Plc 308.07; and
(4) The renewal application processing fee
required by Plc 1002 or, if the profession’s
fees are not yet specified in Plc 1002, the fee(s) specified in applicable law,
provided that
applicants applying for facilitated licensure as active military or a military
spouse shall not pay the fee.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.06 Information Required for Renewal
Applications. The
information required by Plc 308.05(b)(1) shall be as follows:
(a)
The applicant’s profession and the license number and expiration date of
the license;
(b)
For individuals, the following:
(1) The applicant’s full legal name, including any suffix such as “Jr.”
or “III”, and any name(s) under which the applicant holds or has held a
professional license;
(2) The
applicant’s date of birth by month, day, and year;
(3) The applicant’s
social security number, as required by RSA 161-B:11, VI-a and 42 U.S.C.
666(a)(13);
(4) The
applicant’s designated email address, home physical address, and home
mailing address, if different;
(5) The applicant’s home or other personal
telephone number;
(6) The name, physical address,
and telephone number of the
applicant’s office or other place of business;
(7) If the
applicant routinely practices in more than one location, the name of each such
location and, for each:
a. The business
address, and telephone number; and
b. Whether
the applicant is an employee, a subtenant subletting space, an independent
contractor, or the owner of the business;
(8) Whether
the applicant is on active military duty or is the spouse of an individual who
is on active military duty, and whether the applicant is applying for
facilitated licensure; and
(9) Any other
profession-specific information required by applicable law, such as proof of
certification by, or registration with, a regional or national credentialing
organization, to the extent not otherwise covered by this section;
(c) For entities, the following:
(1) The
applicant’s full legal name as shown on the document(s) that created the entity
and each name under which the applicant does business in New Hampshire;
(2) The type
of entity the applicant is, such as a corporation, limited liability
corporation, professional association, partnership, or other form;
(3) The
entity’s date and state of formation;
(4) The
applicant’s primary location address in New Hampshire and New Hampshire mailing
address, if different;
(5) The
applicant’s main telephone number;
(6) The
applicant’s designated email address;
(7) The name,
telephone number, and email address of the individual authorized by the
applicant to sign the application and the name, telephone number, and email
address of each individual authorized by the applicant
to interact with the OPLC regarding the application and any license issued
based on the application, if other than the authorized signer; and
(8) Any
additional information required for entities by applicable law;
(d)
Identification of all states where the applicant is currently licensed
and, for each, the date of most recent licensure and status of the license;
(e)
A “yes” or “no” answer to the following questions regarding the
applicant’s background and character, provided that “not previously reported”
shall not include anything not required to be submitted by Plc 304.03(e):
(2)
Whether during the past 27 months or not previously reported, the
applicant has been the subject of any disciplinary action by any professional
licensing authority;
(3)
Whether during the past 27 months or not previously reported, the
applicant has been denied a license or other authorization to practice in any
jurisdiction;
(4)
Whether during the past 27 months or not previously reported, the
applicant has surrendered a license or other authorization to practice issued
by any jurisdiction in order to avoid or settle
disciplinary charges;
(5)
Whether the applicant is now or has any reason to believe that the
applicant will soon be the subject of a disciplinary proceeding, settlement
agreement, or consent decree undertaken or issued by a professional licensing
board of any jurisdiction;
(6)
Whether during the past 27 months or not previously reported, any
malpractice claim has been made against the applicant;
(7)
Whether during the past 27 months or not previously reported, the
applicant has, for disciplinary reasons, been put on administrative leave, been
fired for cause other than staff reductions from a position at the applicant’s
place of employment, or had any privileges limited, suspended
or revoked in any professional setting;
(8)
Whether during the past 27 months or not previously reported, the
applicant has been denied the privilege of taking an examination required for
any professional licensure; and
(9)
Whether during the past 27 months or not previously reported, the
applicant has committed any act(s) that would violate the laws and/or rules
that govern the practice of the profession in which the applicant is licensed;
(f)
Whether the applicant consents to the disclosure to third parties of:
(1) For individuals, any
or all of the applicant’s contact information; or
(2) For entities, the entity’s
designated email address; and
(g)
For applicants
in any health care field, whether the applicant has an ownership interest in
any diagnostic or therapeutic service(s) or company(ies),
and if so the name and address of each company and the specific diagnostic or
therapeutic services provided by the company, to comply with RSA 125:25-c.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
308.07 Additional Information and Documentation Required for Renewal
Applications. At
the time that an applicant for renewal licensure submits a completed license renewal
application form, the applicant shall submit, or arrange for the licensing
bureau to receive, the following:
(a)
A clear explanation of the relevant circumstances of any “yes” answer to the background and
character questions listed in Plc 308.06(d);
(b) If a credential from a regional or national
organization is required for licensure, proof that the applicant holds the
credential;
(c) For applicants who are on active military
duty, proof of service status as
specified in Plc 304.04(e);
(d) For any applicant applying for facilitated
licensure as the spouse of an individual who is on active military duty, proof
of service status and marriage as specified in Plc 304.04(f);
(e) For any applicant that is an entity:
(1) A
copy of the legal document that authorizes the individual identified pursuant
to Plc 308.06(c)(7) to sign the application on the applicant’s behalf; and
(2)
Confirmation from the New Hampshire secretary of state’s office that the
entity applying for licensure is in good standing and authorized to do business
in New Hampshire; and
(f) Any additional information or materials
required by applicable law, except that no photograph shall be required to be
submitted unless required by an applicable statute.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.08 Signature
and Attestation Required for Renewal Applications.
(a) The applicant for license renewal, or the
duly-authorized individual for an applicant that is an entity, shall sign and
date the application, provided that for applications that are submitted
electronically, the act of submitting the application shall constitute the
signature and the date of submission shall be the date.
(b) The signature shall constitute the
applicant’s attestation that:
(1)
The applicant is not under investigation by any professional licensing
board and the applicant’s credentials have not been suspended or revoked by any
professional licensing board, or a written explanation of each such occurrence
is being submitted with the application pursuant to Plc 308.07(a);
(3)
The information and documentation provided are true, complete, and not
misleading to the best of the applicant’s knowledge and belief;
(4)
The applicant understands that providing false or misleading information
constitutes grounds for denial, suspension, or revocation of a license; and
(5)
The applicant understands that providing false material information
constitutes a misdemeanor under RSA 641:3 relative to falsification in official
matters.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.09 Initial Review of Renewal Applications.
(a)
Within 30 days of receipt of an application submitted pursuant to Plc
308.05, the licensing bureau shall:
(1) Accept the application as being complete; or
(2) Determine that the application is incomplete
and notify the applicant in writing sent to the applicant’s designated email
address that the application is incomplete, specifying what the applicant needs
to submit to complete the application.
(b)
Subject to (c), below, a notice of incompleteness sent pursuant to
(a)(2), above, shall clearly inform the applicant that if the application is
not completed by the last day of the month in which the license expires, then:
(1) The applicant’s NH license will expire and the applicant will not be able to work legally in
New Hampshire unless and until the license is reinstated; and
(2) The application for reinstatement will
require a new application fee, and the application processing fee already paid
shall not be refunded.
(c)
If a profession is not subject to the license period and expiration
provisions of RSA 310-A:1-h because a profession-specific statute has been
amended to establish a different license period that supersedes RSA 310-A:1-h,
the profession-specific provisions shall apply.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.10 Withdrawal or Abandonment of Renewal
Application.
(a)
An applicant may withdraw the application for licensure renewal at any
time prior to being notified of a decision under Plc 308.11.
(b)
To withdraw an application, the applicant shall submit written notice to
the licensing bureau via email to customersupport@oplc.nh.gov
that:
(1) Clearly states the applicant’s intention to
withdraw the application; and
(2) Clearly identifies the name in which the
application was submitted, the profession for which the application was
submitted, and the date the application was submitted.
(c)
Upon receipt of a notice of withdrawal, the licensing bureau shall cease
processing the application and mark the file to indicate the application was
voluntarily withdrawn by the applicant.
(d)
A renewal application shall be deemed to be abandoned if the applicant
files an incomplete application and does not provide all information necessary
to complete the application when directed to do so pursuant to Plc 308.09.
(e)
If the application is withdrawn or abandoned, no application-related fee
shall be refunded.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.11 Review of Complete Renewal Applications;
Decisions.
(a)
After determining that an application is complete, the licensing bureau
shall:
(1) Forward the application to the applicable
board, for any applicable board that reviews applications directly; or
(2) Review the application to determine whether
the applicant meets all criteria specified in applicable law for the license
renewal being applied for.
(b)
For applications evaluated by the licensing bureau, if the applicant has
demonstrated that all eligibility criteria specified in applicable law for a
renewal license have been met, the licensing bureau shall approve the
application and renew the license with notification to the applicant at the
applicant’s designated email address.
(c)
For applications evaluated by an applicable board, if the applicant has
demonstrated that all eligibility criteria specified in applicable law for a
renewal license have been met, the applicable board shall so notify the
licensing bureau and the licensing bureau shall issue a renewal license to the
applicant at the applicant’s designated email address.
(d)
If the applicant has not demonstrated that all eligibility criteria
specified in applicable law have been met for license renewal, then:
(1) For applications evaluated by the licensing
bureau, the licensing bureau shall:
a. Issue a conditional denial of the
application; and
b. Inform the applicant the denial shall become
final if the applicant does not file a request for a hearing with the
applicable board within 30 calendar days of the date of the notice, provided
that if the last day of the period is not a working day, the deadline shall
extend to 4:00 p.m. of the first working day following; or
(2) For applications evaluated by an applicable
board, the applicable board shall:
a. Notify the licensing bureau of the decision;
b. Issue a conditional denial of the application
to the applicant at the applicant’s designated email address; and
c. Inform the applicant the denial shall become
final if the applicant does not file a request for a hearing with the
applicable board within 30 calendar days of the date of the notice, provided
that if the last day of the period is not a working day, the deadline shall
extend to 4:00 p.m. of the first working day following.
(e)
If the applicant is notified of the conditional denial by the licensing
bureau, the licensing bureau shall forward the application file, including the
conditional denial, to the applicable board.
(f)
If the applicant does not file a request for a hearing with the
applicable board within the time period specified in
the notice issued pursuant to (d), above, the denial shall become final.
(g)
If the application is denied, no application-related fees shall be
refunded.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.12 Challenging a Conditional Denial of
Renewal Licensure.
(a)
An applicant who wishes to challenge the conditional denial of an
application for renewal licensure shall submit a written request for a hearing
to the applicable board within 30 days of the notification of denial, unless
extended for applicants on active military duty pursuant to (d), below.
(b)
The request shall identify the applicant’s name as reflected on the
application, the type of license applied for, the date the application was
denied, and the reason(s) why the applicant believes the license should be renewed.
(c)
Upon receipt of a written request for a hearing under (a), above, the
applicable board shall commence an adjudicative proceeding as required by RSA
541-A and applicable law.
(d)
If the applicant is on active military duty, the applicant shall:
(1) If stationed within the United States,
request a hearing within 60 days of the notification of denial or
(2) If stationed outside of the United States,
request a hearing within 60 days of returning to the United States.
(e)
An applicant who requests a hearing pursuant to (d), above, may request
that the hearing be deferred until the applicant is no longer on active duty.
(f)
If an applicant files a request pursuant to (d), above, then:
(1) The request shall include an explanation
demonstrating that the criteria specified in (d), above, are met, including
proof of military status as provided in Plc 304.04(e); and
(2) The applicant shall file a copy of the
applicant’s discharge papers within 60 days of discharge from active duty.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.13 Renewal Licenses.
(a)
Each renewal license issued under this chapter shall specify:
(1) The name of the licensee;
(2) The profession in which the licensee is
authorized to practice and any limitations or sub-specialty, for example “Body
Art Practitioner - Tattoo”;
(3) The effective date of the license; and
(4) The license number.
(b)
Unless otherwise provided in applicable law that supersedes RSA
310-A:1-h, a renewal license shall be effective for 2 years from the date of
expiration of the prior license unless sooner suspended or revoked pursuant to
Plc 311 or other applicable law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 308.14 Wall Certificates. Any licensee who wishes to have a wall
certificate to display in the licensee’s place of business shall submit a
written request for the wall certificate to the licensing bureau in accordance
with Plc 304.14.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART
Plc 309 REINSTATEMENT
Plc 309.01 Practice Prohibited After License
Expiration.
(a)
An individual licensee who fails to timely file a complete application
to renew a license shall not practice in New Hampshire unless and until a
license is obtained in accordance with this part and any other provisions of
applicable law.
(b)
Any entity for which a complete application to renew is not timely filed
shall not operate as a licensed entity in New Hampshire unless and until a
license has been obtained in accordance with this part and any other provisions
of applicable law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 309.02 Reinstatement of Expired License.
(a)
Unless otherwise provided in applicable law, an individual whose license
has expired but is not lapsed under applicable law who wishes to have the
license reinstated shall apply to reinstate the license in accordance with Plc
309.03.
(b)
To request reinstatement of a license that has expired but has not
lapsed, the former licensee shall complete the process for renewing a license
specified in Plc 308.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 309.03 Reinstatement of Lapsed License. An individual whose license has lapsed who
wishes to obtain a license shall:
(a)
Complete the process for renewing a license specified in Plc 308; and
(b)
Comply with the additional requirements specified for reinstatement of a
lapsed license in applicable law, if any, except that no late fee or penalty
shall be paid in addition to the renewal fee.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 309.04 Suspended or Revoked Licenses Subject to
Reinstatement.
(a)
Any license that has been suspended shall be subject to reinstatement as
provided in applicable law.
(b)
Any license that has been revoked shall be subject to reinstatement if
and as provided in applicable law.
(c)
Reinstated licenses shall be:
(1) Fully reinstated; or
(2) Conditionally reinstated, with conditions as
specified in applicable law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 309.05 Application for Reinstatement of Suspended
or Revoked License. Any person
seeking reinstatement of a license that was suspended or revoked shall:
(a)
Satisfy the terms of the order on suspension or revocation;
(b)
Pay all outstanding administrative and civil penalties imposed, if any;
(c)
Pay any costs associated with the revocation that were imposed pursuant
to RSA 310-A:1-m, VI or other applicable law; and
(d)
Comply with the reinstatement requirements and procedures in applicable
law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART
Plc 310 ETHICAL AND PROFESSIONAL
STANDARDS
Plc 310.01 Purpose and Applicability.
(a)
The purpose of this part is
to identify the professional and ethical conduct standards that apply to all
licensees, in order to engender public confidence in
licensing of professionals by the state of New Hampshire.
(b)
This part shall apply to any person who receives an initial, temporary
renewal, or reinstated license on or after the 2023 effective date of this
chapter.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 310.02 Profession-Specific Ethical and
Professional Standards. Each
licensee shall adhere to any code of ethics required by rules of the applicable
board or other applicable law, including any codes adopted by a regional or
national certifying organization if incorporated by reference in rules of the
applicable board.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
PART
Plc 311 DISCIPLINARY ACTIONS
Plc 311.01 Applicability. This part shall apply to any person who
receives a license on or after the 2023 effective date of this chapter.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 311.02 Rules of Practice and Procedure;
Definition.
(a)
The rules in Plc 200 shall govern:
(1) Waivers of rules;
(2) Voluntary surrender of licenses; and
(3) Any other procedures not included in this
chapter.
(b)
For purposes of this part, “respondent” means the person against whom a
disciplinary action is initiated.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 311.03 Investigations. Investigations initiated to determine whether
misconduct has occurred shall be conducted as provided in Plc 200, RSA
310-A:1-j, and the applicable board’s practice act.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 311.04 Commencement and Conduct of Disciplinary
Proceedings. If an investigation
determines that it more likely than not that it could be proved at an
adjudicative hearing that misconduct warranting sanctions has occurred, the
respondent shall be notified and an adjudicative proceeding shall be conducted
as provided in RSA 541-A, Plc 200, RSA 310-A:1-k, RSA 310-A:1-l, and the
applicable board’s practice act.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 311.05 Sanctions.
(a)
Subject to (b), below, if the applicable board determines, after
conducting an adjudicative proceeding or upon agreement of the respondent, that
the criteria established in applicable law for imposing sanctions have been
met, the applicable board shall impose such sanctions as are allowed under
applicable law, including but not limited to RSA 310-A:1-m and the applicable
board’s practice act.
(b)
Because RSA 332-G:13, I, provides that individuals have a fundamental
right to pursue an occupation, no license shall be revoked unless the
misconduct necessary for revocation is:
(1) Established at an adjudicative hearing by clear
and convincing evidence; or
(2) Admitted by the respondent on the record or
in a consent order.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
311.06 Procedures for Imposing
Sanctions; Notice to Other Jurisdictions and Organizations.
(a) Other than immediate license suspension
authorized by RSA 541-A:30, III, or other applicable law, an applicable board
shall impose disciplinary sanctions only:
(1) After
prior notice to the respondent in accordance with Plc 206 and the opportunity
for the respondent to be heard; or
(2) By
agreement between the applicable board and the respondent that is reflected in
a consent order.
(b)
Copies of orders imposing disciplinary sanctions and copies of all
settlement agreements or consent decrees shall be sent to the licensing body of
each jurisdiction in which the respondent is licensed, to the respondent’s
credentialing organization, and to such other entities, organizations,
associations, or boards as are required to be notified under applicable law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc 311.07 Conditions of License Suspension or
Revocation.
(a)
If a license is suspended, the licensee shall prepare and submit a plan
of correction to address each violation that provided a basis for the
disciplinary proceeding.
(b)
The applicable board shall review the submitted plan of correction and:
(1) Approve the plan, if
it:
a. Addresses each violation that provided a
basis for the disciplinary proceeding; and
b. Identifies one or more specific actions that
the license shall take and specifies a deadline for taking the action(s); or
(2) Return the plan to the licensee for revision
and resubmission if the plan does not meet the requirements for approval
specified in (1), above.
(c)
A licensee whose license was suspended may request the license to be
reactivated as provided in the rules of the applicable board or, if the rules
of the applicable board do not specify a procedure, in accordance with (d),
below.
(d)
A licensee whose license was suspended may request the license to be
reactivated after the conditions specified in the suspension order have been
met by submitting a written request to the applicable board that demonstrates
compliance with the plan of correction as approved by the applicable board.
(e)
If a suspended license is reactivated prior to the expiration date of
the license that was suspended, the licensee shall not be required to pay an
additional fee and the expiration date of the license shall remain the same.
(f)
If a suspended license is reactivated after the expiration date of the
license that was suspended, the licensee shall file a complete renewal
application with the request to reinstate the license.
(g)
If a license is revoked, any subsequent application for licensure shall
include a plan of correction that addresses each violation that provided a
basis for the disciplinary proceeding.
(h)
An individual whose license has been revoked and who wishes to reapply
for a license shall apply as for license reinstatement in accordance with the
rules of the applicable board.
(i) A license shall not be granted to an
individual who previously held a license but whose license was revoked unless
and until the individual has complied with the requirements on which the
revocation was based and has paid the costs associated with the revocation, if imposed pursuant to RSA 310-A:1-m, VI or other
applicable law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
311.08 Reciprocal Discipline.
(a) When the applicable board receives notice
that a licensee has been subjected to disciplinary action related to
professional conduct by the licensing authority of another jurisdiction, the
applicable board shall issue an order directing the licensee to demonstrate why
reciprocal discipline should not be imposed in New Hampshire.
(b) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction,
the licensee shall be subject to any disciplinary sanction authorized by
applicable law.
Source.
(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23
Plc
311.09 Rehearings
and Appeals.
(a) As provided in RSA 310-A:1-n, I, any person
who has been refused a license or certification by the applicable board or has
been disciplined by the applicable board shall have the right to petition for a
rehearing within 30 days after the original final decision.
(b) As provided in RSA 310-A:1-n, II, “Appeals
from a decision on rehearing shall be by appeal to the supreme court pursuant
to RSA 541.”
(c) As provided in RSA 310-A:1-n, III, no
sanction shall be stayed by the applicable board during an appeal.
Source. (See Revision
Note at chapter heading for Plc 300) #13606, eff
5-1-23
PART Plc 312 RESERVED
PART
Plc 313 LICENSURE
BY ENDORSEMENT
Plc
313.01 Purpose. The purpose of the rules in Plc 313 is to
implement Laws of 2023, ch. 111, effective August 27,
2023, relative to issuing licenses to applicants who are licensed in another
jurisdiction that has substantially similar requirements.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc
313.02 Applicability. This part shall apply to the professions and
licenses regulated under the statutes and by the boards listed in Table 313-1,
below:
Table
313-1: Professions and Licenses for which Licensure by Endorsement is Available
|
Profession/License |
Statute |
Board |
|
Master Alcohol and Other Drug Use
Professional Certified
Recovery Support Worker Licensed Alcohol and Other Drug Use
Professional |
RSA
330-C |
Board
of licensing for alcohol and other drug use professionals |
|
Barber Cosmetologist Esthetician Manicurist Master
Barber |
RSA
313-A |
Board of barbering, cosmetology, and esthetics |
|
Body
Art Practitioner |
RSA
314-A |
Advisory
board of body art practitioners |
|
Dentist Dental Hygienist |
RSA
317-A |
Board
of dental examiners |
|
Journeyman
Electrician Master
Electrician |
RSA
319-C |
Electricians’
board |
|
Funeral
Director and Embalmer Embalmer |
RSA
325 |
Board of registration of funeral directors
and embalmers |
|
Massage
Therapist |
RSA
328-B |
Advisory board of massage therapists |
|
Physician
Assistant Physician |
RSA
328-D RSA
329 |
Board
of medicine |
|
Clinical Mental Health Counselor Clinical Social Worker Marriage and Family Therapist |
RSA
330-A |
Board
of mental health practice |
|
Licensed
Nursing Assistant Licensed
Practical Nurse Medication
Nursing Assistant Registered
Nurse Advanced
Practice Registered Nurse |
RSA
326-B |
Board
of nursing |
|
Pharmacist Certified
Pharmacy Technician Registered
Pharmacy Technician |
RSA
318 |
Pharmacy
board |
|
Psychologist |
RSA
329-B |
Board
of psychologists |
|
Veterinarian |
RSA
332-B |
Board
of veterinary medicine |
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.03 Applications
for Licensure by Endorsement. An
applicant for licensure by endorsement shall:
(a)
Submit the following to the licensing bureau using the portal available
via www.oplc.nh.gov
or, if the portal is not yet available or if submitting the application via the
portal is not practicable for the applicant, by mailing a paper application to
the address specified in Plc 102.03:
(1) A completed “Universal Application for
License by Endorsement”, dated September 2023, that contains the information
specified in Plc 313.04 and is signed and attested to as specified in Plc
313.06;
(2) The documentation specified in Plc 313.05;
and
(3) The non-refundable application processing and
licensing fee specified in Plc 1002, unless Plc 304.02(a) relative to exempting
active military and military spouses from paying application and licensing fees
applies; and
(b)
If applicable law requires a criminal records check, complete the
process established by applicable law and the NHDOS for requesting a criminal
records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or
directly at https://services.dos.nh.gov/chri/cpo/,
including paying any required fee and directing that the results be sent to the
licensing bureau, provided that proof of the applicant’s military security
clearance may be provided in lieu of the criminal background check if allowed
by applicable law.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc
313.04 Information Required for
Initial License Application. The
applicant shall identify the profession for which the application is being filed
and then provide the following information:
(a) The applicant’s full legal name, including
any suffix such as “Jr.” or “III”, and any name(s) under which the applicant
holds or has held a professional license;
(b) The applicant’s date of birth by month, day,
and year;
(c) The applicant’s social security number, as
required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);
(d) The applicant’s gender assigned at birth, to
be used solely for purpose of workforce data analysis by New Hampshire
employment security;
(e) The applicant’s home physical address by
street name and number, apartment number if applicable, municipality, county, state, zip code, and
country if not the U.S., and home mailing address if different;
(f) The applicant’s home or other personal
telephone number;
(g) The applicant’s designated
email address;
(h)
The name of the jurisdiction in which the applicant is licensed that the
applicant believes has requirements that are substantially similar
to New Hampshire’s requirements;
(i) For applicants in any health care field:
(1) Whether the applicant intends to practice in
New Hampshire more than 50% of the time, whether in-person or by telehealth;
and
(2) Whether the applicant has an ownership interest
in any diagnostic or therapeutic service(s) or company(ies)
and if so, the name, address, and specific diagnostic or therapeutic service
offered by each company;
(i) Whether the applicant is on active military
duty or is a military spouse, and whether the applicant is applying for
facilitated licensure; and
(k)
Whether the applicant consents to the disclosure to third parties of any
or all of the applicant’s contact information.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.05 Documentation Required for Initial License
Application. At the time an applicant for a license by
endorsement submits a completed license application, the applicant shall
submit, or arrange for the licensing bureau to receive:
(a)
Primary source verification from the
jurisdiction identified pursuant to Plc 313.04(h), such as a print-out or
screen capture of the licensing board’s portal showing that the individual is
licensed to practice and that the license is in good standing; and
(b) If
the applicant is seeking licensure as active military or as a military spouse,
proof of service status and, if applicable, proof of marriage as specified in
Plc 304.04(e) and (f).
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.06 Required
Signature and Attestation.
(a)
An applicant for a license by endorsement shall sign and date the
application, provided that for applications that are submitted electronically,
the act of submitting the application shall constitute the signature and the
date of submission shall be the date.
(b)
The signature shall constitute the applicant’s attestation that:
(1) The applicant is not under investigation by
any professional licensing board and the applicant’s credentials have not been
suspended or revoked by any professional licensing board;
(2) The information and documentation provided
are true, complete, and not misleading to the best of the applicant’s knowledge
and belief;
(3) The applicant understands that providing
false or misleading information constitutes grounds for denial, suspension, or
revocation of a license; and
(4) The applicant understands that knowingly
providing false material information constitutes a misdemeanor under RSA 641:3
relative to falsification in official matters.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.07 Processing
of Applications for a License by Endorsement; Decisions.
(a) The executive director shall grant a license
to each applicant who is licensed in another jurisdiction in the profession for
which application is being made and who provides all items specified in Plc
313.03 including without limitation proof that the applicant holds an license in good standing in another jurisdiction based on
requirements that are substantially similar to New Hampshire’s and has
committed no acts or omissions that are grounds for disciplinary action.
(b) If the information submitted by the applicant
shows that the applicant does not qualify for a license by endorsement, the
executive director shall deny the application.
(c) If the information submitted by the applicant
shows that the applicant qualifies for a license by endorsement
but applicable law requires a criminal background check and the OPLC has not
yet received the results from the NHDOS, the executive director shall issue a
provisional license that allows the applicant to practice in New Hampshire
pending the results of the criminal background check.
(d) If a provisional license is issued pursuant
to (c), above, then when the results of the criminal background check are
received, the executive director shall:
(1)
Issue a regular license to the provisional licensee, if the results do
not show grounds to deny the application; or
(2) If
the results do show grounds to deny the application, notify the licensee in
writing and refer the matter to the applicable board for a hearing.
(e) If the information submitted by the applicant
is insufficient to allow the executive director to issue or deny a license by
endorsement, the executive director shall request the applicant to provide the
additional information needed to allow a determination to be made.
(f) Denial of a license by endorsement under this
part shall not automatically result in denial of a regular license should the
individual choose to apply under Plc 304.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.08 License
by Endorsement: Issuance and Duration.
(a)
Each license by endorsement issued under this part shall specify:
(1) The name of the licensee;
(2) The profession in which the licensee is
authorized to practice and any limitations or sub-specialty, for example “Body
Art Practitioner - Tattoo”;
(3) The effective date of the license; and
(4) The license number.
(b)
A license issued pursuant to this part that is not provisional shall be valid
for 2 years from the date of issuance, subject to the following:
(1) Timely and complete application for license
renewal by eligible applicants shall continue the validity of the licenses
being renewed until final action has been taken on the renewal application; and
(2) Suspension or revocation of the
license pursuant to Plc 311 or other applicable law shall cause the license to
not be valid unless and until it is reinstated as provided in Plc 300.
(c)
A provisional license shall expire upon the approval of full
licensure, or if full licensure by endorsement is denied, as of the date of:
(1) The final decision of the board if no appeal
is taken; or
(2) The final decision in the final appeal taken.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.09 Obligations of Licensees by Endorsement. Upon issuance of a license or
provisional license under this part, the licensee shall become subject to:
(a)
Plc 307 relative to licensee obligations;
(b)
Plc 308 relative to license renewal;
(c)
Plc 309 through Plc 311; and
(d)
The regulatory authority of the applicable board.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc
313.10 Definitions Related to
Substantially Similar Requirements.
For purposes of establishing substantially similar requirements, the following
definitions shall apply:
(b)
“License by substantive qualification” means the requirements for
obtaining a license by means other than endorsement or reciprocity;
(c) “Licensing jurisdiction” means the
jurisdiction that issued the license that the applicant believes is based on
substantially similar requirements; and
(d) “State-approved” means approved by the
licensing jurisdiction.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc
313.13 Substantially Similar
Requirements for Professions Regulated by the Board of Licensing for Alcohol
and Other Drug Use Professionals.
For purposes of obtaining a license by endorsement in a profession
regulated by the board of licensing for alcohol and other drug use
professionals, the current requirements of the licensing jurisdiction shall be as
follows:
(a)
For a master alcohol and other drug use professional license, the
following:
(1) A master’s degree or higher degree;
(2) A period of supervised experience totaling
not less than 10 hours in each of the 12 core functions as defined in RSA
330-C:2, XI; and
(3) Pass one of the following examinations:
a. The Advanced Alcohol and Drug Counselor
(AADC) exam offered by the International Certification & Reciprocity
Consortium;
b. The Master Addiction Counselor (MAC) exam
offered by the National Certification Commission for Addiction Professionals
(NAADAC); or
c. Level III or above of the CATC exam offered
by the California Association for Alcohol/Drug Educators(CAADE);
(b)
For a certified recovery support worker license, pass any of the
following examinations:
(1) From the International Certification and
Reciprocity Consortium, any of the following:
a. Alcohol and Drug Counselor (ADC);
b. Advanced Alcohol and Drug Counselor (AADC);
c. Prevention Specialist (PS); or
d. Peer Recovery (PR);
(2) From the NAADAC, any of the following:
a. National Certified Peer Recovery Support
Specialist (NCPRSS);
b. National Certified Addition Counselor, Level
I (NCAC I);
c. National Certified Addition Counselor, Level
II (NCAC II);
d. Master Addiction Counselor (MAC); or
e. National Certified Adolescent Addictions
Counselor (NCAAC); or
(3) From the CAADE, any level of the CATC exam;
and
(c) For a licensed alcohol and other drug use
professional, the following:
(1) An associate’s
degree or higher;
(2) A period of supervised experience totaling
not less than 10 hours in each of the 12 core functions as defined in RSA
330-C:2, XI; and
(3) Pass any of the following examinations:
a. From the International Certification and
Reciprocity Consortium, the Alcohol and Drug Counselor (ADC) exam or the
Advanced Alcohol and Drug Counselor (AADC) exam;
b. From the NAADAC, Level II of the National
Certified Addition Counselor (NCAC II) exam or the Master Addiction Counselor
(MAC) exam; or
c. From the CAADE, level II or above of the CATC
exam.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.15 Substantially Similar Requirements for
Professions Regulated by the Assessing Certification Board. Reserved
Plc 313.16 Substantially Similar Requirements for
Professions Regulated by the Board of Athletic Trainers. Reserved
Plc 313.17 Substantially Similar Requirements for
Professions Regulated by the Board of Barbering, Cosmetology, and Esthetics. For purposes of obtaining a license by
endorsement in a profession regulated by the board of barbering, cosmetology,
and esthetics, the current requirements of the licensing jurisdiction shall be
follows:
(a)
For a barber license, the following:
(1)
Graduate from a state-approved education or training program for
barbers; and
(2)
Pass a state-approved competency examination for barbers;
(b) For a cosmetologist license, the following:
(1)
Graduate from a state-approved education or training program for
cosmetologists; and
(2)
Pass a state-approved competency examination for cosmetologists;
(c) For an esthetician license, the following:
(1)
Graduate from a state-approved education or training program for
estheticians; and
(2)
Pass a state-approved competency examination for estheticians;
(d) For a manicurist license, the following:
(1)
Graduate from a state-approved education or training program for
manicurists; and
(2)
Pass a state-approved competency examination for manicurists; or
(e) For a master barber license, the following:
(1)
Graduate from a state-approved education or training program for master
barbers; and
(2)
Pass a state-approved competency examination for master barbers.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc
313.18 Substantially Similar
Requirements for Professions Regulated by the Executive Director with the
Advisory Board of Body Art Practitioners. For purposes of obtaining a license by
endorsement for a profession regulated by the executive director with the
advisory board of body art practitioners, the current requirements of the
licensing jurisdiction shall be as follows:
(a)
For a body art-tattoo license, complete a state-approved education,
training, or apprenticeship program for tattooing;
(b)
For a body art-body piercing license, complete a state-approved
education, training, or apprenticeship program for body piercing; or
(c)
For a body art-branding license, complete a state-approved education,
training, or apprenticeship program for branding.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.20 Substantially Similar Requirements for
Professions Regulated by the Executive Director with
the Advisory Board of Court Reporters.
Reserved
Plc 313.21 Substantially Similar Requirements for
Professions Regulated by the Board of Dental Examiners. For purposes of obtaining a license by
endorsement for a profession regulated by the board of dental examiners, the
current requirements of the licensing jurisdiction shall be as follows:
(a)
For a dentist:
(1) Graduate from a school for dentists
recognized by the Commission On Dental Accreditation
(CODA); and
(2) Pass a state-approved national or regional
examination for dentists; and
(b)
For a dental hygienist:
(1) Graduate from a school for dental hygienists
accredited by CODA or by an accrediting agency recognized by the United States
Department of Education; and
(2) Pass a state-approved national or regional
examination for dental hygienists.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.23 Substantially Similar Requirements for
Professions Regulated by the Electricians’ Board. For purposes of obtaining a license by
endorsement for a profession regulated by the electricians’ board, the current
requirements of the licensing jurisdiction shall be as follows:
(a)
For a journeyman electrician:
(1) Complete 4 years or 8,000 hours as an
apprentice electrician; and
(2) Pass a state-approved examination for
journeyman electricians; and
(b)
For a master electrician:
(1) Complete at least one year or 2,000 hours of
field work as a journeyman electrician; and
(2) Pass a state-approved examination for master
electricians.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.24 Substantially Similar Requirements for
Professions Regulated by the Executive Director with the Electrology Advisory
Committee. Reserved
Plc 313.25 Substantially Similar Requirements for
Professions Regulated by the Board of Family Mediator Certification. Reserved
Plc 313.26 Substantially Similar Requirements for
Professions Regulated by the Board of Licensing for Foresters. Reserved
Plc 313.27 Substantially Similar Requirements for
Professions Regulated by the Board of Registration of Funeral Directors and
Embalmers. For purposes of obtaining
a license by endorsement for a profession regulated by the board of
registration of funeral directors and embalmers (NH board), the current
requirements of the licensing jurisdiction shall be as follows:
(a) For a funeral director and embalmer:
(1) Complete a state-approved mortuary program;
(2) Complete a state-approved apprenticeship or
internship program;
(3) Pass a state-approved examination for funeral
directors and embalmers; and
(4) Pass a New Hampshire jurisprudence exam
approved by the NH board; and
(b) For an embalmer:
(1) Complete a state-approved mortuary program;
(2) Complete a state-approved apprenticeship or
internship program; and
(3) Pass a state-approved examination for
embalmers.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.28 Substantially Similar Requirements for
Professions Regulated by the Governing Board of Genetic Counselors. Reserved
Plc 313.29 Substantially Similar Requirements for
Professions Regulated by the Guardian ad Litem Board. Reserved
Plc 313.30 Substantially Similar Requirements for
Professions Regulated by the Board of Home Inspectors. Reserved
Plc 313.31 Substantially Similar Requirements for
Professions Regulated by the Installation Standards Board. Reserved
Plc 313.32 Substantially Similar Requirements for
Professions Regulated by the Board of Licensure for Land Surveyors. Reserved
Plc 313.33 Substantially Similar Requirements for
Professions Regulated by the Board of Landscape Architects. Reserved
Plc 313.34 Substantially Similar Requirements for
Professions Regulated by the Executive Director with the Advisory Board of
Massage Therapists. For purposes of
obtaining a license by endorsement for a profession regulated by the executive
director with the advisory board of massage therapists, the current
requirements of the licensing jurisdiction shall be as follows:
(a)
Complete a state-approved education or training program for massage
therapists; and
(b)
Pass a nationally-recognized certifying examination for massage
therapists.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.36 Substantially Similar Requirements for
Professions Regulated by the Executive Director with the Advisory Board of
Medical Imaging and Radiation Therapy.
Reserved
Plc 313.37 Substantially Similar Requirements for
Professions Regulated by the Board of Registration of Medical Technicians. Reserved
Plc 313.38 Substantially Similar Requirements for
Professions Regulated by the Board of Medicine. For purposes of obtaining a license by
endorsement for a profession regulated by the board of medicine, the current
requirements of the licensing jurisdiction shall be as follows:
(a) For a physician assistant (PA):
(1) Graduate from a PA program accredited by the
Accreditation Review Commission on Education for the Physician Assistant; and
(2) Pass a national examination for PAs; and
(b) For a physician:
(1) Either:
a. Graduated from a medical school maintaining
at the time of such studies a standard satisfactory to the Accreditation
Council for Medical Education; or
b. Studied medicine in a medical school located
outside the United States that is recognized by the United Nations World Health
Organization (UNWHO) and obtained Educational Commission for Foreign Medical
Graduates (ECFMG) certification;
(2) Pass each component of the U.S.
Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical
Licensing Examination (COMLEX-USA) or be board-certified by the American Board
of Medical Specialties (ABMS) or the American Osteopathic Association (AOA);
and
(3) Successfully complete postgraduate medical
training approved by the Accreditation Council for Graduate Medical Education
or the American Osteopathic Association.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc
313.39 Substantially Similar
Requirements for Professions Regulated by the Board of Mental Health Practice. For purposes of obtaining a license by
endorsement for a profession regulated by the board of mental health practice,
the current requirements of the licensing jurisdiction shall be as follows:
(a)
For a clinical mental health counselor:
(1) Complete master’s degree counseling course
work accepted by the licensing jurisdiction;
(2) Complete a minimum of 2,500 hours or 2 full
years of postgraduate professional experience; and
(3) Pass a nationally-recognized clinical
category examination;
(b) For a clinical social worker:
(1) Master’s degree in social work from program
accredited by the Council for Higher Education Accreditation or the U.S.
Department of Education or otherwise recognized by the licensing jurisdiction;
(2) Pass a nationally-recognized clinical
category examination; and
(3) Complete a minimum of 2,500 hours or 2 full
years of postgraduate clinical practice; and
(c)
For a marriage and family therapist:
(1) Master’s degree or higher degree in marriage
and family therapy from a program recognized by the licensing jurisdiction;
(2) Pass national examination of Association of
Marital and Family Therapy Regulatory Boards; and
(3) Complete a minimum of 2,500 hours or 2 full
years of postgraduate experience.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.41 Substantially Similar Requirements for
Professions Regulated by the Board of Natural Scientists. Reserved
Plc 313.42 Substantially Similar Requirements for
Professions Regulated by the Naturopathic Board of Examiners. Reserved
Plc 313.43 Substantially Similar Requirements for
Professions Regulated by the Board of Nursing. For purposes of obtaining an license by endorsement for a profession regulated by the
board of nursing, the current requirements of the licensing jurisdiction shall
be as follows:
(a)
For a licensed nursing assistant (LNA):
(1) Complete a state-approved nursing aide
program; and
(2) Pass a state-approved examination for nursing
assistants;
(b)
For a licensed practical nurse (LPN):
(1) Complete a state-approved practical nursing
program or program deemed equivalent by the licensing jurisdiction; and
(2) Pass the NCLEX-PN examination or another
examination deemed equivalent by the licensing jurisdiction;
(c)
For a medication nursing assistant (LMA):
(1) Complete a state-approved medication
administration education program; and
(2) Pass a state-approved examination for
medication nursing assistants;
(d)
For a registered nurse (RN):
(1) Complete a state-approved registered nursing
program or program deemed equivalent by the licensing jurisdiction; and
(2) Pass the NCLEX-RN examination or another
examination deemed equivalent by the licensing jurisdiction; and
(e)
For an advanced practice registered nurse (APRN):
(1) Licensure as a registered nurse;
(2) Graduate from an APRN education program
accredited by a national accrediting body; and
(3) Current certification from any of the
following certifying bodies:
a. American Academy of Nurse Practitioners
Certification Board (AANPCB);
b. American Association of Critical-Care Nurses
(AACN);
c. American Midwifery Certification Board
(AMCB);
d. American Nurses Credentialing Center (ANCC);
e. National Board of Certification &
Recertification for Nurse Anesthetists (NBCCRNA);
f. National Certification Corporation (NCC); or
g. Pediatric Nursing Certification Board (PNCB).
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.45 Substantially Similar Requirements for
Professions Regulated by the Governing Board of Occupational Therapists. Reserved
Plc 313.46 Substantially Similar Requirements for
Ophthalmic Dispensing Professionals.
Reserved
Plc 313.47 Substantially Similar Requirements for
Professions Regulated by the Board of Registration in Optometry. Reserved
Plc 313.48 Substantially Similar Requirements for
Professions Regulated by the N. H. Pharmacy Board. For purposes of obtaining a license by
endorsement for a profession regulated by the N.H. pharmacy board, the current
requirements of the licensing jurisdiction shall be as follows:
(a)
For a pharmacist:
(1) Either:
a. A professional pharmacy baccalaureate degree
or pharmacy doctor degree from a school of pharmacy, college of pharmacy, or
pharmacy department of a university approved by the licensing jurisdiction,
including programs accredited by the American Council on Pharmaceutical
Education or the Canadian Council for Accreditation of Pharmacy Programs; or
b. For foreign graduates, completion of a
foreign college of pharmacy program and full certification from the Foreign
Pharmacy Graduate Examination Committee (FPGEC);
(2) Pass the National Association of Boards of
Pharmacy Licensure Examination (NAPLEX); and
(3) Complete a state-approved internship;
(b)
For a certified pharmacy technician, hold certification from a
nationally-recognized certifying organization, such as the Pharmacy Technician
Certification Board (PTCB) or the National Healthcare Association (NHA); and
(c)
For a registered pharmacy technician, be enrolled in or have completed
high school or have obtained a high school equivalency certificate.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.50 Substantially Similar Requirements for
Professions Regulated by the Board of Podiatry. Reserved
Plc 313.51 Substantially Similar Requirements for
Professions Regulated by the Board of Professional Engineers. Reserved
Plc 313.52 Substantially Similar Requirements for
Professions Regulated by the Board of Professional Geologists. Reserved
Plc 313.53 Substantially Similar Requirements for
Professions Regulated by the Board of Psychologists. For purposes of obtaining a license by
endorsement for a profession regulated by the board of psychologists, the
current requirements of the licensing jurisdiction shall be as follows:
(a)
For a psychologist:
(1) Doctoral degree in psychology from a
regionally-accredited educational institution or a program otherwise deemed
equivalent by the licensing jurisdiction;
(2) Pass a state-approved examination; and
(3) Complete a minimum of 2,500 hours or 2 full
years of postgraduate supervised experience.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
Plc 313.55 Substantially Similar Requirements for
Professions Regulated by the Executive Director with the Advisory Board of
Recreational Therapists. Reserved
Plc 313.56 Substantially Similar Requirements for
Professions Regulated by the Executive Director with the Advisory Board of
Reflexologists, Structural Integrators, and Asian Bodywork Therapists. Reserved
Plc 313.57 Substantially Similar Requirements for Professions
Regulated by the Executive Director with the Advisory Board of Respiratory Care
Practitioners. Reserved
Plc 313.58 Substantially Similar Requirements for
Professions Regulated by the Board of Septic System Evaluators. Reserved
Plc 313.59 Substantially Similar Requirements for
Professions Regulated by the Governing Board of Speech-Language Pathologists
and Hearing Care Providers. Reserved
Plc 313.60 Substantially Similar Requirements for
Professions Regulated by the Board of Veterinary Medicine. For purposes of obtaining a license by
endorsement for a profession regulated by the board of veterinary medicine, the
current requirements of the licensing jurisdiction shall be as follows:
(a)
Either:
(1) Graduate from one of the following:
a. A school of veterinary medicine accredited by
the American Veterinary Medicine Association (AVMA); or
b. A veterinary medicine school deemed
equivalent by the licensing jurisdiction; or
(2) Hold one of the following:
a. A certificate from the Educational Commission
for Foreign Veterinary Graduates (ECFVG); or
b. A Program for the Assessment of Veterinary
Education Equivalence (PAVE®) certificate; and
(b)
Pass a nationally-recognized examination or examination deemed
equivalent by the licensing jurisdiction.
Source.
#13763, INTERIM, eff 10-15-23, EXPIRES: 4-12-24
APPENDIX
Appendix A:
State Statutes Implemented
|
Rule(s) |
State
Statute(s) Implemented |
|
Plc
301 through Plc 304 |
RSA
310-A:1 through 1-p |
|
Plc 302.19, Plc 313 |
RSA 310-A:1-q |
|
Plc
305 |
RSA
310-A:1-f; RSA 332-G:14 |
|
Plc
306 |
RSA
310-A:1-p |
|
Plc
307 through Plc 311 |
RSA
310-A:1 through 1-p |
|
Plc
313 |
RSA
310-A:1-q |
Appendix B:
Other Statutory Provisions
310-A:1-p
Military Service Members and Spousal Temporary Licensure. – The office of professional licensure and
certification shall issue temporary licenses to a member of the armed forces or
their spouse, if the applicant holds a current, valid unencumbered occupational
or professional license in good standing issued by a state or territory of the
United States, in accordance with rules adopted by executive director of the
office of professional licensure and certification under RSA 541-A, provided
that the applicant meets the requirements of this section, within 30 days of
having received an application or, if the applicant is subject to a criminal
records check, within 14 days of having received the results of a criminal
records check. The rules shall contain the following provisions:
I.
The applicant shall obtain a temporary license for a period of not less than
180 days while completing any requirements for licensure in New Hampshire so
long as no cause for denial of a license exists under this title, or under any
other law.
II.
The license applicant must submit a notarized affidavit affirming, under
penalty of law, that the applicant is the person described and identified in
the application, that all statements made on the application are true and
correct and complete, that the applicant has read and understands the
requirements for licensure and certifies that they meet those requirements, and
that the applicant is in good standing in all jurisdictions in which the
applicant holds or has held a license.
III.
The applicant may request a one-time 180-day extension of the temporary license
if necessary to complete the New Hampshire licensing requirements. The
applicant must make this request within 15 days prior to the temporary
license's expiration date.
IV.
All individuals licensed under this section shall be subject to the
jurisdiction of the state licensing body for that profession.
Source. 2022, 310:8,
eff. Aug. 30, 2022.