TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 328-F
ALLIED HEALTH PROFESSIONALS

Section 328-F:1

    328-F:1 Repealed by 2023, 79:281, I, eff. Sept. 1, 2023. –

Section 328-F:2

    328-F:2 Repealed by 2023, 79:281, II, eff. Sept. 1, 2023. –

Section 328-F:3

    328-F:3 Governing Boards Established. – There shall be established governing boards of athletic trainers, occupational therapists, physical therapists, speech-language pathologists and hearing care providers, and genetic counselors. In order to eliminate a redundant regulatory framework and promote efficiency and economy, and as set forth in RSA 310, the responsibility for administration of the governing boards shall be with the office of professional licensure and certification, and the authority of the board of directors of allied health professionals is repealed.

Source. 1997, 287:1. 2001, 158:100. 2003, 310:38. 2006, 220:4. 2010, 118:12. 2013, 271:4. 2015, 276:66, eff. July 1, 2015. 2021, 91:166, eff. July 1, 2021; 197:16, eff. July 1, 2021. 2022, 17:1, eff. June 10, 2022; 72:2, eff. July 19, 2022. 2023, 79:277, eff. Sept. 1, 2023.

Governing Boards

Section 328-F:4

    328-F:4 Governing Boards; Memberships; Appointments. –
I. Each governing board shall be composed of members and alternates, each to be appointed by the governor with the approval of the council, to a term of 3 years. Members and alternates shall serve until the expiration of the term for which they have been appointed or until their successors have been appointed and qualified. No board member shall be appointed to more than 2 consecutive terms as a member, provided that for this purpose only a period actually served which exceeds 1/2 of the 3-year term shall be deemed a full term. Any professional members of all governing boards shall maintain current and unrestricted New Hampshire licenses. Alternates may attend meetings but shall only vote in the absence of a member representing the same interest group.
II. The initial appointees to the governing boards shall serve as follows: one initial appointee who is a licensed professional shall serve a term of one year, one initial appointee who is a licensed professional shall serve a term of 2 years, one initial public member shall serve a term of 2 years, and the remaining 2 initial appointees shall serve terms of 3 years. An initial appointment of less than 3 years shall not be considered a full term.
III. Each public member or alternate of a governing board shall be a person who is not, and never was a member of the applicable allied health profession or the spouse of any such person, and who does not have, and never has had a material financial interest in either the provision of that allied health service, a health insurance company, or health maintenance organization, including representation of the board or profession for a fee at any time during the 5 years preceding appointment.
IV. The athletic trainers governing board shall consist of 3 licensed athletic trainers, who have actively engaged in the practice of athletic training in this state for at least 3 years, one physician educated in the current practice of sports medicine, and one public member.
V. The occupational therapy governing board shall consist of 3 licensed occupational therapists and one occupational therapy assistant, who have actively engaged in the practice of occupational therapy in this state for at least 3 years, and one public member.
VI. The physical therapy governing board shall consist of 2 licensed physical therapists and one physical therapist assistant, who have actively engaged in the practice of physical therapy in this state for at least 3 years, and 2 public members.
VII. [Repealed.]
VIII. The speech-language pathology and hearing care provider governing board shall consist of:
(a) Three licensed speech-language pathologist members and one licensed speech-language pathologist alternate, who have actively practiced speech-language pathology in this state for at least 3 years. At least one speech-language pathologist member shall be employed in an educational setting and at least one speech-language pathologist member shall be employed in a clinical setting.
(b) One licensed audiologist member, and one licensed audiologist alternate, who have actively practiced audiology in this state for at least 3 years.
(c) One registered hearing aid dealer member, and one registered hearing aid dealer alternate, who have actively practiced in this state for at least 3 years.
(d) One public member and one public alternate.
IX. [Repealed.]
X. The genetic counselors governing board shall consist of 3 licensed genetic counselors, who have actively engaged in the practice of genetic counseling in this state for at least 2 years, one practicing physician with experience in working with genetic counselors, and one public member. Initial appointment of professional members by the governor and council shall be qualified persons practicing genetic counseling in this state. All subsequent appointments or reappointments shall require licensure.

Source. 1997, 287:1. 2006, 220:5. 2013, 271:5. 2016, 76:1, eff. July 18, 2016. 2018, 86:1, eff. July 24, 2018. 2021, 91:167, 168, eff. July 1, 2021. 2022, 17:2-4, eff. June 10, 2022; 72:21, III and IV, eff. July 19, 2022.

Section 328-F:5

    328-F:5 Duties. –
Each governing board shall have the authority to:
I. to V. [Repealed.]
VI. Adopt rules as authorized in this chapter and the board's practice act.
VII. [Repealed.]

Source. 1997, 287:1. 2003, 310:39, eff. July 1, 2003. 2018, 87:1, 2, eff. July 24, 2018. 2021, 91:169, 170, eff. July 1, 2021. 2023, 79:281, III, eff. Sept. 1, 2023; 212:8, eff. Oct. 3, 2023.

Section 328-F:6

    328-F:6 Repealed by 2021, 197:22, I, eff. July 1, 2021. –

Section 328-F:7

    328-F:7 Repealed by 2023, 79:281, IV, eff. Sept. 1, 2023. –

Section 328-F:8

    328-F:8 Repealed by 2023, 79:281, V, eff. Sept. 1, 2023. –

Section 328-F:9

    328-F:9 Repealed by 2023, 79:281, VI, eff. Sept. 1, 2023. –

Section 328-F:10

    328-F:10 Repealed by 2023, 79:281, VII, eff. Sept. 1, 2023. –

Section 328-F:11

    328-F:11 Rulemaking by the Governing Boards. –
I. The governing boards shall adopt rules pursuant to RSA 541-A establishing:
(a) The eligibility requirements for initial licensure and for initial certification if certification of individuals is authorized by their practice acts.
(b) The eligibility requirements for license renewal, including any continuing competency requirements and any requirements for education, clinical experience, and training.
(c) The eligibility requirements for renewal of certification, including any continuing competency requirements and any requirements for education, clinical experience, and training.
(d) If the governing boards issue conditional licenses or certifications, conditional renewal of licenses or certifications, or conditional reinstatement after lapse or suspension of licenses or certifications, the circumstances under which these are issued and the standards for the imposition of the conditions.
(e) The eligibility requirements, including any continuing competency requirements, for the reinstatement of licenses suspended for disciplinary reasons and for such reinstatement of certifications if authorized by their practice acts.
(f) The eligibility requirements, including any continuing competency requirements, for the reinstatement of lapsed licenses and for such reinstatement of certifications if authorized by their practice acts.
(g) The allocation of disciplinary sanctions in cases of misconduct by licensees and by certified individuals.
II. The governing boards may adopt rules pursuant to RSA 541-A that specify, for their respective professions:
(a) The scope of practice.
(b) The ethical standards.
(c) The eligibility requirements for the issuance of licenses to applicants currently licensed in foreign countries and territories and in the territories of the United States.
(d) What constitutes, for disciplinary purposes, sexual relations with and sexual harassment of, a client or patient.
III. The speech-language pathology and hearing care provider governing board shall adopt rules on eligibility requirements and procedures for the issuance of registrations to hearing aid dealers.

Source. 1997, 287:1. 2002, 237:3; 275:4. 2003, 310:43, eff. July 1, 2003. 2017, 101:4, eff. Aug. 7, 2017. 2018, 87:4, eff. July 24, 2018. 2021, 91:171, eff. July 1, 2021; 197:19, eff. July 1, 2021.

Section 328-F:11-a

    328-F:11-a Completion of Survey; Rulemaking. – The governing board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

Source. 2017, 131:7, eff. June 16, 2017. 2019, 254:9, eff. July 1, 2019. 2023, 79:278, eff. Sept. 1, 2023.

Section 328-F:11-b

    328-F:11-b Repealed by 2023, 79:281, VIII, eff. Sept. 1, 2023. –

Board of Directors

Section 328-F:12

    328-F:12 Repealed by 2023, 79:281, IX, eff. Sept. 1, 2023. –

Section 328-F:13

    328-F:13 Repealed by 2023, 79:281, X, eff. Sept. 1, 2023. –

Section 328-F:14

    328-F:14 Repealed by 2003, 310:65, VIII, eff. July 1, 2003. –

Section 328-F:15

    328-F:15 Repealed by 2023, 79:281, XI, eff. Sept. 1, 2023. –

Licensing Provisions

Section 328-F:16

    328-F:16 Repealed by 2003, 310:65, IX, eff. July 1, 2003. –

Section 328-F:17

    328-F:17 Repealed by 2003, 310:65, X, eff. July 1, 2003. –

Section 328-F:18

    328-F:18 Repealed by 2023, 79:281, XII, eff. Sept. 1, 2023. –

Section 328-F:18-a

    328-F:18-a Criminal History Record Checks. –
I. The governing boards shall require from applicants for initial licensure or certification, reinstatement of licensure or certification, or conditional licensure or certification a criminal history record release form, as provided by the New Hampshire division of state police which authorizes the release of his or her criminal history record, if any, to the office of professional licensure and certification.
(a) The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office of professional licensure and certification may, in lieu of the criminal history records check, accept police clearances.
(b) The office of professional licensure and certification shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the office of professional licensure and certification.
II. The office of professional licensure and certification shall review the criminal record information prior to the respective governing board making a decision on licensure or certification and shall maintain the confidentiality of all criminal history records received pursuant to this section.
III. The applicant shall bear the cost of all criminal history record checks.
IV. The office of professional licensure and certification shall consider military security clearance for an individual actively serving in any component of the Department of Defense in lieu of criminal background checks.
V. Pending the results of a criminal history record check, an applicant for licensure may be employed in a profession of the allied health field on a conditional basis for up to 90 calendar days before the office of professional licensure and certification receives the results of a criminal history record check required for licensure, if the conditional employee:
(a) Is under the direct supervision of a licensee;
(b) Has provided a written attestation to the employer and the office of professional licensure and certification that no disqualifying criminal history exists; and
(c) The governing board is not a member of an interstate licensure compact.

Source. 2018, 250:1, eff. Aug. 11, 2018. 2023, 79:279, eff. Sept. 1, 2023.

Section 328-F:19

    328-F:19 Repealed by 2023, 79:281, XIII, eff. Sept. 1, 2023. –

Section 328-F:20

    328-F:20 Repealed by 2023, 79:281, XIV, eff. Sept. 1, 2023. –

Section 328-F:21

    328-F:21 Administrative Obligations of Licensees and Certified Individuals. –
I. Licensees and certified individuals shall maintain their current business and home addresses on file with their governing boards. Any changes in address shall be provided to the office no later than 30 days from the date of the change.
II. [Repealed.]
III. The governing boards may adopt rules pursuant to RSA 541-A that require licensees and certified individuals to maintain on file with their governing boards an active email address.

Source. 1997, 287:1. 2003, 310:52, eff. July 1, 2003. 2018, 87:7, eff. July 24, 2018. 2023, 79:281, XV, eff. Sept. 1, 2023.

Section 328-F:22

    328-F:22 Repealed by 2003, 310:65, XI, eff. July 1, 2003. –

Disciplinary Action; Hearings

Section 328-F:23

    328-F:23 Repealed by 2023, 79:281, XVI, eff. Sept. 1, 2023. –

Section 328-F:24

    328-F:24 Repealed by 2023, 79:281, XVII, eff. Sept. 1, 2023. –

Section 328-F:25

    328-F:25 Repealed by 2023, 79:281, XVIII, eff. Sept. 1, 2023. –

Section 328-F:26

    328-F:26 Repealed by 2023, 79:281, XIX, eff. Sept. 1, 2023. –

Section 328-F:27

    328-F:27 Repealed by 2023, 79:281, XX, eff. Sept. 1, 2023. –

Section 328-F:28

    328-F:28 Privileged Communications. – The confidential communications between licensed or certified allied health practitioners and their clients or patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no allied health practitioner shall be required to disclose such privileged communications. Confidential communications between a patient or client and any person working under the supervision of such practitioner that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those communications were with the supervising licensed or certified allied health practitioner. This section shall not apply to investigations and hearings conducted by the governing boards or by any other agency regulating health professions in the state.

Source. 1997, 287:1. 2003, 310:58, eff. July 1, 2003. 2018, 87:13, eff. July 24, 2018.

Section 328-F:29

    328-F:29 Repealed by 2023, 79:281, XXI, eff. Sept. 1, 2023. –