REVISION
NOTE:
Document #4671, eff
9-7-89, made extensive changes to the wording, format, and structure of
Chapters Ch 100 through Ch 600 of the Board of Chiropractic Examiners,
particularly Section Ch 101.02, Chapter 200 and Parts Ch 303, 305, 402, and
403.
Document #4671 supersedes all prior
filings for the rules of the Board. The
prior filings include:
#1488,
eff 11-20-79; ss by #2052, eff 6-9-82; amd by #2518, eff 10-26-83; ss by #2716, eff 5-17-84; ss by
#4671, eff 9-7-89
CHAPTER Ch 100 ORGANIZATIONAL RULES
PART Ch 101 PURPOSE
Ch 101.01 Purpose. These rules implement the statutory
responsibilities of the
(a) Examination and
licensure of chiropractors;
(b) Oversight and
discipline of licensees; and
(c) The development of ethical and other
professional standards to be followed by licensees.
Source. #1488, eff 11-20-79;
ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss
by #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #7516, eff 6-27-01
PART Ch 102 DEFINITIONS
Ch 102.01 Definitions. The following terms shall have the meanings
indicated:
(a) "Active
movement" means unassisted movement.
(b) "Adjustment" means any of a wide
variety of specific manual or mechanical interventions by a doctor
of chiropractic directed at joints or anatomic regions that:
(1)
Potentially involve the opening of a joint within its paraphysiologic zone and usually produce an associated
audible "click"or "pop"; and
(2) Are made
for the purpose of reducing or correcting the subluxations or structural
dysfunctions of joints and muscles that are associated with neurological
alterations.
(c)
"Administrative assistant" means the board's staff director
having delegated authority from the board to perform administrative and
clerical functions for the board.
(d)
"Board" means the board of chiropractic examiners created by
RSA 316-A:2.
(e) "Dynamic
thrust" means a force introduced by a doctor of
chiropractic that causes a physiological change.
(f) "Financial
interest" means an interest of a board member or employee in any matter
which potentially or actually affects the financial
condition of such member or employee, the spouse, child or parent of such
member or employee, or a business partner or business associate of such member
or employee.
(g)
"Histopathology" means the pathology of the cells.
(h) "Kinesiopathology" means the pathology of movement and
biomechanics.
(i) "Manipulation" means any
intervention by a doctor of chiropractic directed at
joints or anatomic regions for the purpose of normalizing the joint range of
motion that:
(1) Utilizes
active, passive and resistive movement of the body with or without the use of
dynamic thrust; and
(2)
Potentially includes the opening of a joint within its paraphysiologic zone, which usually produces an audible "click"
or "pop".
(j) "Myopathology" means the pathology of muscles and
connective tissues.
(k) "Neuropathophysiology" means the pathology and
physiology of nerves and their conductive function.
(l) "Paraphysiologic zone" means the space within which a
joint can move without injury.
(m) "Passive
movement" means assisted movement.
(n) "Personal
interest" means an interest of a board member or employee in a licensing,
disciplinary or other matter directly affecting such member or employee, or directly
affecting the spouse, sibling, child, grandchild, parent or grandparent of such
member or employee.
(o)
"Professional interest" means an interest of a board member or
employee in any licensing, disciplinary or other matter affecting a business
partner or business associate of such member or employee.
(p) "Resistive
movement" means movement against resistance.
(q)
"Subluxation" means any alteration, whether
or not detected by x-rays, of the biomechanical or physiological
dynamics of contiguous spinal and paraspinal structures and joints of the body
which:
(1) By
affecting the nervous system, results in dysfunction of the tissues innervated,
which:
a. Could:
1. Vary in degree from slight to severe;
2. Appear at the site of the subluxation or
anywhere along the course of the involved nerves; and
3. Include both structural and functional
components; and
b. Cause:
1. Variations in kinesiopathology,
neuropathophysiology, myopathology
or histopathology;
2. Biomechanical or bioelectrical abnormalities;
or
3. Any combination of the results mentioned in
this subparagraph; and
(2) Can be
detected, reduced or corrected by a doctor of chiropractic
regardless of the presence or absence of symptoms or disease.
Source. #1488, eff 11-20-79;
ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss
by #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #7516, eff 6-27-01
PART Ch 103 AGENCY ORGANIZATION
Ch 103.01 Composition
of the Board. The board consists of
5 members who meet the eligibility requirements of RSA 316-A:2.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #7516, eff 6-27-01
Ch 103.02 Officers. The board has a chairperson and a secretary-treasurer
elected by the board at an election held, at a minimum, once every 2 years.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #7516, eff 6-27-01; ss by
#8971, eff 9-11-07
Ch 103.03 Staff. There is an administrative assistant
designated by the board and there are such other staff members as are necessary
to perform the record-keeping and other statutory functions of the board and to
oversee the board's day-to-day operations.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #7516, eff 6-27-01
Ch 103.04 Committees. Committees shall consist of one or more board
members who are directed by the chairperson to investigate and make recommendations
to the board on any matter which is within the authority of the board.
Source. #7516, eff 6-27-01
Ch 103.05 Meetings. The board shall meet quarterly, and at such
additional times as may be called for by the chairperson or by vote of the board.
Source. #7516, eff 6-27-01
Ch 103.06 Minutes.
(a) Minutes shall be
kept of board meetings and of official actions taken by the board.
(b) Such minutes
shall record those members who participate in each vote, and shall separately
record the position of members who choose to dissent, abstain or concur.
Source.
#7516, eff 6-27-01
Ch 103.07 Public
Attendance at Meetings. Pursuant to
RSA 91-A members of the public shall have the right to attend and record all
board meetings which are public sessions and not authorized by RSA 91-A:3, II
to be closed to the public.
Source. #7516, eff 6-27-01
PART Ch 104 PUBLIC INFORMATION
Ch 104.01 Office
Location, Telephone Number, Number for TTY/TDD Users and Mailing Address.
(a) The board's
office is located in the
(b) The office telephone
number is (603) 271-9482.
(c) In-state TTY/TDD
users may reach the office by calling Relay New Hampshire at 711 or 1 (800)
735-2964.
(d) Requests for
information may be made by telephone, by mail or by TTY/TDD.
(e) Written requests
for information, written submissions to the board, and other correspondence
shall be addressed as follows:
Board of Chiropractic
Examiners
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #7516, eff 6-27-01
Ch 104.02 Inspection and Copies of Public Records.
(a) Pursuant to RSA
91-A:4 members of the public shall have the right to inspect and copy the
public records of the board, including all meeting minutes not confidential pursuant to RSA 91-A:3, III.
(b) Members of the public may inspect such public
records at the office of the board.
(c) Persons desiring
copies of such public records shall:
(1) Submit a
request in writing which identifies as particularly as possible the information
being sought; and
(2) Pay the
actual cost of the copies.
(d) If records are
requested which contain both public information and information exempt from
disclosure pursuant to RSA 91-A or any other law, the board shall delete the
information which is exempt from disclosure and provide the remaining
information.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #7516, eff 6-27-01
CHAPTER
Ch 200 PRACTICE AND PROCEDURES
PART Ch 201 DEFINITIONS
Ch 201.01 Definitions. Except where the context makes another
meaning manifest, the following words have the meanings indicated:
(a)
"Adjudicative proceeding" means "adjudicative
proceeding" as defined in RSA 541-A, I, namely, "the procedure to be
followed in contested cases, as set forth in RSA 541-A:31 through RSA
541-A:36."
(b)
“Appearance" means a written notification to the board that a
party, an intervenor or the representative of a party or intervenor intends to
actively participate in a hearing.
(c)
"Complaint" means a complaint against a licensee pursuant to
RSA 316-A:22, I(b).
(d) "Contested
case" means "contested case" as defined in RSA 541-A:1, IV,
namely, "a proceeding in which the legal rights, duties, or privileges of
a party are required by law to be determined by an agency after notice and an
opportunity for hearing."
(e) “Declaratory ruling"
means "declaratory ruling" as defined in RSA 541-A:1, V, namely,
"an agency ruling as to the specific applicability of any statutory
provision or of any rule or order of the agency.”
(f)
"Hearing" means "adjudicative proceeding" as defined
by RSA 541-A:1, I.
(g)
"Intervenor" means a person without the status of a party but
participating in a hearing to the extent permitted by the presiding officer
acting pursuant to RSA 541-A:32.
(h)
"Motion" means a request to the presiding officer for an order
or ruling directing some act to be done in favor of the proponent of the
motion, including a statement of justification or reasons for the request.
(i) "Order" means "order" as
defined in RSA 541-A:1, XI, namely, "the whole or part of an agency's
final disposition of a matter, other than a rule, but does not include an
agency's decision to initiate, postpone, investigate or process any matter, or
to issue a complaint or citation."
(j)
"Party" means "party" as defined by RSA 541-A:1,
XII, namely, "each person or agency named or admitted as a party, or
properly seeking and entitled as a right to be admitted as a party."
(k)
"Person" means any individual, partnership, corporation,
association, governmental subdivision or public or private organization of any
character other than the board.
(l)
"Petition" means any request to the board, including
complaints about licensee misconduct, seeking an order or any other action or
relief, other than an application for the issuance or renewal of a license or a
motion.
(m) "Presiding
officer" means presiding officer as defined in RSA 541-A:1, XIV, namely,
"that individual to whom the board has delegated the authority to preside
over a proceeding, if any; otherwise it shall mean the chairperson of the board.”
(n) "Proof by a
preponderance of the evidence" means a demonstration by admissible
evidence that a fact is more probable than not to be true.
(o) “Public comment
hearing” means a hearing held pursuant to RSA 541-A:11.
(p)
"Record" means, in a contested case, the materials set forth
in RSA 541-A:31, VI.
(q) “Rulemaking
petition” means a petition made pursuant to RSA 541-A:4, I.
Source. #1488, eff 11-20-79;
ss by #2052, eff 6-9-8; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss
by #5624, eff
5-18-93, EXPIRED: 5-18-99
New. #8159, eff 9-8-04
PART Ch 202
CONSTRUCTION OF RULES; RIGHT TO A HEARING; WAIVER OF RULES
Ch 202.01 Principles
of Construction.
(a) The board shall
resolve all disputes about matters within its statutory jurisdiction.
(b) Ch 203 through
Ch 211 shall be construed to achieve:
(1) The acquisition of sufficient information to
make fair and reasoned decisions, including decisions on contested denials of
licensure and about complaints filed against licensees; and
(2) The just, efficient and accurate resolution
of all board investigations and proceedings.
Source. #1488, eff 11-20-79;
ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss
by #5624, eff
5-18-93, EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 202.02 Right
to a Hearing. Any person having a
dispute with the board shall be entitled to a hearing of the dispute if:
(a) The legal
rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and
(b) Constitutional,
statutory or case law requires the board to hold a hearing before determination
of those rights, duties or privileges.
Source. #8159, eff 9-8-04
Ch 202.03 Waiver
of Rules. The presiding officer,
upon the motion of any party or intervenor, or on his or her own initiative,
shall waive any requirement or limitation imposed by Ch 203 through Ch 211 when the waiver:
(a) Appears to be
lawful; and
(b) Is more likely
to promote the just and efficient resolution of the pending dispute than would
adherence to a particular rule or limitation.
Source. #8159, eff 9-8-04
PART Ch 203 APPEARANCES AND REPRESENTATION
Ch 203.01 Filing
Appearances. A party or intervenor
or the representative of the party or intervenor shall file an appearance that
includes the following information:
(a) The docket
number assigned by the board or a brief identification of the case;
(b) A statement
identifying the person filing the appearance as a party, an intervenor or a
representative of a party or intervenor;
(c) Whether any representative
is an attorney; and
(d) The daytime
address and telephone number of the party, intervenor or representative.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 203.02 Representation.
(a) Corporations,
partnerships and other legal entities which are not natural persons shall be
represented only by an attorney or an officer, director, or managing partner
with express and unqualified written authority to act on behalf of the entity
concerning the matter in question.
(b) Any party or
intervenor shall be permitted to be represented by counsel, but the board shall
not appoint or pay for counsel.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
PART Ch 204
TIME PERIODS
Ch
204.01 Computation of Time. Any time period
specified in this chapter shall begin with the day following the act, event, or
default, and shall include the last day of the period, unless it is Saturday,
Sunday, or a state legal holiday, in which event the period shall run until the
end of the next day which is not a Saturday, Sunday, or a state legal holiday.
When the period prescribed or allowed is less than 7 days, intermediate
Saturdays, Sundays, and state legal holidays shall be excluded from the
computation.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch
204.02 Changes in Allowed Times.
(a) Except where a time period
is fixed by statute, the board shall use the standard in (b) below to:
(1) Extend or
shorten the time provided for the filing of any document; or
(2) Advance or
postpone the time set for any oral hearing, pre-hearing conference or other
part of an adjudicative proceeding.
(b) A motion for a change of time shall be granted upon the
board's finding of:
(1) Due
diligence by the moving party; and
(2) Probable
injury to the moving party if the motion is not granted outweighing any
detriment likely to be suffered by any other party, intervenor or the public if
the motion is granted.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch
204.03 Limitations. A motion to for a change of time shall not be
filed within 3 business days of the event sought to be advanced or postponed.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
PART Ch 205 FILING, FORMAT AND SERVICE OF DOCUMENTS
Ch 205.01 Filing
of Documents with the Board.
(a) A document shall
be considered filed when it has been received at the board's office and conforms
to the requirements of this chapter.
(b) Correspondence
to the board shall be addressed to the board in care of its administrative
assistant at the address in Ch 104.01(e).
(c) With the
exception of routine correspondence, license applications and renewals and
complaints against licensees, documents shall be filed with an original and 6
copies.
(d) Documents shall
be rebuttably presumed to have been issued by the board or the presiding
officer on the date noted on the document.
(e) Documents shall
be rebuttably presumed to have been filed with the board on the date of
receipt, as evidenced by a date stamp placed on the document by the board or
its staff in the normal course of business.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 205.02 Format
of Documents.
(a) All
correspondence, petitions, motions, replies and other documents to be filed
shall:
(1) If related to an adjudicative proceeding,
include the title and, if known, the docket number of the proceeding;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the proponent of the document,
or, if the proponent appears by a representative, by the representative; and
(4) If related to an adjudicative proceeding,
include a statement certifying that a copy of the document has been delivered
to all parties and intervenors.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 205.03 Signing
and Veracity of Documents.
(a) All complaints,
petitions, motions and replies shall be signed by the proponent of the document
or, if proponent appears by a representative, by the representative.
(b) The signature on
a document filed with the board shall constitute a certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer's knowledge,
information and belief, there are good grounds to support it; and
(4) The document is not filed for purposes of
delay or harassment.
(c) A breach of the
certification described in (b) above by an individual who is not a licensee or the representative of a
licensee shall, to the extent consistent with justice and applicable law, be a
basis for entering an order adverse to the
individual committing the breach.
(d) A breach of the
certification described in (b) above by an individual who is a licensee or the
representative of a licensee shall constitute licensee misconduct pursuant to
RSA 316-A:22, II(c) subjecting the licensee to disciplinary action.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 205.04 Service
of Documents.
(a) Complaints against
licensees shall be in writing and filed with the board without service upon the
licensees.
(b) Petitions for
rulemaking and petitions for declaratory rulings shall be filed with the board
without service upon other persons.
(c) Copies of all
petitions, motions, exhibits, memoranda and other documents filed by any party
or intervenor in the course of an adjudicative
proceeding shall be served by mail by that party or intervenor on all other
parties and intervenors.
(d) All notices,
orders, decisions or other documents issued by the presiding officer or the
board shall be served on all parties and intervenors in hand or by certified
mail.
(e) Mail service of
a document relating to a proceeding shall be made by depositing into the
(1) The name of the person intended to receive
the document;
(2) The full address, including zip code, last
provided to the board by such person;
(3) Prepaid first class postage; and
(4) In the case of a document issued by the
presiding officer or the board, the prepaid return receipt for certified mail.
(f) When a party or
intervenor has appeared by a representative, service shall be upon the
representative unless otherwise ordered by the board, provided, however, that
timely service which is actually received by a party
or intervenor shall be sufficient regardless of whether the representative was
also served.
(g) Except for
documents distributed at a pre-hearing conference or hearing, every document
required to be served upon parties and intervenors in an adjudicative
proceeding shall be accompanied by a certificate of service signed by the
person making service, stating the method and date of service and the persons
served.
Source. #8159, eff 9-8-04
PART Ch 206
PLEADINGS, PETITIONS AND MOTIONS
Ch
206.01 Petitions and Replies to
Petitions.
(a) The only pleadings permitted shall be petitions
and replies to petitions. There shall be
no response by a petitioner to a reply by a respondent.
(b) Petitions shall contain:
(1) The name
and address of the petitioner;
(2) The name
and address of the petitioner's representative, if any;
(3) A concise
statement of the facts which caused the petitioner to request the board to act;
(4) If the
petition is a complaint of licensee misconduct as set forth in RSA 316-A:22,
II, the specific facts and circumstances believed to constitute misconduct;
(5) The
identification of any statutes, rules, orders or other legal authority which
entitles the petitioner to have the board act as requested;
(6) The action
which the petitioner requests the board to take; and
(7) The name
and address of the person, if any, against whom the petitioner complains, or
against whom the petitioner wishes the board to take action.
(c) Replies to petitions shall contain:
(1) The name
and address of the respondent;
(2) The name
and address of the representative of the respondent, if any;
(3) A statement
admitting or denying each fact alleged in the petition pursuant to (c)(3) or (c)(4)
above;
(4) A statement
admitting or denying the authority identified by the petitioner pursuant to
(c)(5) above;
(5) A concise statement
of every additional fact which causes the respondent to request the board not
to act, or to act differently from the way requested by the petitioner;
(6) The
identification of any statutes, rules, orders or other legal authority not
identified in the petition which has a bearing upon the subject matter of the
petition; and
(7) The action
which the respondent requests the board to take.
(d) Replies to petitions shall be filed with the
board within 30 days from the date of the petition.
(3) Any fact stated in the petition which is not
denied in the reply shall be deemed admitted or agreed to by the respondent.
(f) A statement that the respondent lacks
sufficient knowledge to admit or deny a fact stated in the petition shall be
treated as a denial of that fact.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch
206.02 Motions and Objections To
Motions.
(a) Unless presented during an oral session of an
adjudicative proceeding, motions and objections to motions shall be in writing.
(b) Motions shall state clearly and concisely:
(1) The purpose
of the motion;
(2) The relief
sought by the motion;
(3) The statutes,
rules, orders or other authority authorizing the relief sought by the motion;
and
(4) The facts
claimed to constitute grounds for the relief requested by the motion.
(c) Except for
objections to motions for rehearing, objections to written motions shall be
filed within 15 days after the filing of the motion. If no objection is filed within that period, the board
shall assume that there is agreement by all parties and intervenors.
(d) Objections to motions shall state clearly and
concisely:
(1) The action
which the party filing the reply wishes the board to take on the motion;
(2) The statutes,
rules, orders or other authority relief upon in defense of the motion;
(3) Any facts
which are additional to or different from the facts stated in the motion; and
(4) A response
to the facts stated in the motion.
(e) A motion shall be decided without a hearing
unless the board determines that the efficiency of the adjudicative proceeding
or justice requires one.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
PART Ch 207 PRESIDING
OFFICER
Ch
207.01 Presiding Officer.
(a) Adjudicative proceedings shall be conducted
by a presiding officer.
(b) The board chairman shall serve as presiding
officer or shall designate another qualified person so to serve.
(c) The board shall remove the presiding officer
at any time without notice or hearing when the presiding officer:
(1) Is ill or
unavoidably absent; or
(2) Refuses to
withdraw in accordance with Ch 207.02.
(d) The presiding officer shall possess all
authority with respect to the procedural aspects of adjudicative proceedings
possessed by the board itself.
(e) The presiding officer shall as necessary:
(1) Regulate
and control the course of the hearing, including the questioning of witnesses
by board members;
(2) Facilitate
settlement of the dispute that is the subject of the hearing;
(3) Administer
oaths and affirmations;
(4) Request
that the board issue subpoenas to compel the attendance of witnesses or the
production of documents;
(5) Receive
relevant evidence and exclude irrelevant, immaterial or unduly repetitious
evidence;
(6) Rule on
procedural requests at the request of a party or intervenor or on the presiding
officer's own motion;
(7) Question
anyone who testifies to the extent required to make a full and fair record;
(8) Cause a
complete recording of the hearing to be made, as specified in RSA 541-A:31,
VII; and
(9) Take any
other action consistent with applicable statutes, rules and case law necessary
to conduct the hearing and complete the record in a fair and timely manner.
(f) The presiding officer may
receive offers of settlement and proposed consent decrees and present them to
the board for consideration. When a written settlement offer
or proposed consent decree has been signed by the licensee, the presiding
officer shall refer it to the board for consideration.
Source. #5624, eff 5-18-93; amd by #6288, eff 7-19-96; paragraphs (a) & (c) EXPIRED:
5-18-99
New. #8159, eff 9-8-04
Ch 207.02 Withdrawal
of Presiding Officer.
(a) Upon his or her own initiative or upon the motion
of any party or intervenor, the presiding officer shall withdraw from any
hearing for good cause.
(b) Good cause shall exist if the presiding
officer:
(1) Has a
direct interest in the outcome of the hearing, including but not limited to, a
financial or family relationship with any party or intervenor;
(2) Has made
statements or engaged in behavior which objectively demonstrates that he or she
has prejudged the facts of the case; or
(3) Personally
believes that he or she cannot fairly judge the facts of the case.
(c) Mere
knowledge of the issues or acquaintance with any party, intervenor or witness
shall not constitute good cause for withdrawal.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
PART Ch 208
ADJUDICATIVE PROCEEDINGS
Ch
208.01 Notice Commencing an
Adjudicative Proceeding.
(a) The board shall commence an adjudicative
proceeding not related to the board's emergency suspension of a license
pursuant to Ch 208.02 by issuing to all parties and any complainant against the
licensee a notice meeting the requirements of (d) below.
(b) In the case of an adjudicative proceeding not
related to the board's emergency suspension of a license the notice required by
(a) above shall be issued at least 30 days before the first scheduled
pre-hearing conference or hearing day.
(c) In the case of an adjudicative proceeding
related to the board's emergency suspension of a license pursuant to Ch 208.02,
the notice required by (a) above shall be:
(1) Accompanied
by a copy of the board's suspension order issued pursuant to Ch 208.02(a); and
(2) Issued
immediately upon ordering the license suspension.
(d) The notice commencing an adjudicative
proceeding shall:
(1) Identify
the parties to the proceeding;
(2) Summarize
the subject matter of the proceeding and identify the issues to be resolved;
(3) Specify the
legal authority under which the hearing is to be held;
(4) Refer to
the particular sections of the statutes and rules
involved;
(5) State that
each party has the right to have an attorney present to represent the party at
the party's expense;
(6) In the case
of a hearing not related to the board's emergency suspension of a license,
state that:
a. The licensee
has the right to have the board provide a certified shorthand court reporter at
the licensee's expense; and
b. The
licensee's request for a certified shorthand court reporter shall be submitted
in writing at least 10 days before the beginning of the hearing;
(7) In the case
of a hearing related to the board's emergency suspension of a license pursuant
to Ch 208.02, state that the board shall provide a certified shorthand court
reporter at the board's expense;
(8) Specify the
date by which, and the address where, appearances are to be filed;
(9) Specify a
deadline which is at least 3 days before the hearing for the submission of
petitions to intervene;
(10) Specify
the date, time and location of the pre-hearing conference or, if there is to be
no pre-hearing conference, of the hearing;
(11) Identify
the presiding officer; and
(12) Identify
the information to be kept confidential, if any, and the legal basis for
keeping the information confidential.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch
208.02 Procedure for Emergency
Suspension of Licenses.
(a) Upon the unanimous vote of the board that
public health, safety or welfare requires emergency action, the board shall
immediately and without a hearing suspend a license by issuing a written order
of suspension incorporating the finding.
(b) Pursuant to RSA 541-A:30, III, the board
shall commence a hearing no later than 10 working days after the issuance of an
order pursuant to (a).
(c) Unless the 10-day deadline in (b) is
expressly waived by the licensee, the failure of the board to meet the deadline
shall result in the automatic vacating of the order of license suspension.
(d) After the vacating of the order pursuant to
(c) above, the board shall not again suspend the license on
the basis of the same conduct which formed the basis for the vacated
order without giving the licensee prior notice and the opportunity for a
hearing.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch
208.03 Deadline for Disciplinary
Hearing Based on Complaint. Except
in the case of a proceeding related to the board's emergency suspension of a
license pursuant to Ch 208.02, a hearing based on a complaint of licensee
misconduct shall be held within 3 months of the date of the notice commencing
the proceeding unless otherwise agreed by the board, the complainant and the
licensee.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch
208.04 Docketing of the Case and
Service of the Notice. The board
shall:
(a) Assign each adjudicative proceeding a
separate docket number;
(b) Provide a copy of the notice required by Ch
208.01 to the civil bureau of the department of justice;
(c) Serve the notice required by Ch 208.01 on all parties and any complainant
against a licensee in the manner required by Ch 205.04; and
(d) Maintain in the board's office for public
inspection those documents related to an adjudicative proceeding which are not
made confidential by RSA 316-A:22, V or VI, or other provision of law.
Source. #8159, eff 9-8-04
Ch
208.05 Intervention Procedure.
(a) Petitions for intervention shall:
(1) Describe in
writing the petitioner's interest in the subject matter of the proceedings;
(2) Be
submitted to the presiding officer; and
(3) Mailed in
copy form to all parties identified in the notice commencing the hearing.
(b) A petition for intervention
shall be granted by the presiding officer if the petitioner complied with (a)
above at least 3 days before the hearing and the presiding officer determines
that:
(1) The
petition states facts demonstrating that the petitioner's rights, duties,
privileges, immunities or other substantial interests might be affected by the
proceedings or the petitioner qualifies as an intervenor under law; and
(2) The intervention
sought would not impair the interests of justice and the orderly and prompt
conduct of the proceedings.
(c) The presiding officer shall grant a petition
for intervention at any time if:
(1) The petitioner
complied with (a) above; and
(2) The
presiding officer determines that the intervention sought would be in the
interests of justice and would not impair the orderly and prompt conduct of the
proceedings.
Source. #8159, eff 9-8-04
Ch 208.06 Effect of
Intervention.
(a) Approval of intervention by the presiding
officer shall apply only to the proceeding in which the petition for
intervention was granted.
(b) Notwithstanding the provisions of this
chapter, an intervenor’s right to participate in an adjudicative proceeding
shall be subject to any limitations or conditions imposed by the presiding
officer pursuant to RSA 541-A:32, III.
(c) An intervenor shall take the proceedings as
he or she finds them and no portion of the proceeding shall be repeated because
of the fact of intervention.
Source. #8159, eff 9-8-04
Ch
208.07 Pre-Hearing Conferences.
(a) Pre-hearing conferences shall address one or
more of the following:
(1) Opportunities
and procedures for settlement;
(2)
Opportunities and procedures for simplification of the issues;
(3) Amendments
to the pleadings;
(4) Admissions
of fact and of documents;
(5) Limitations
on the number of witnesses;
(6) Procedures
to govern the proceedings;
(7) The
distribution to the parties and intervenors of written testimony and exhibits;
(8)
Consolidation of the examination of witnesses; and
(9) Any other
matters contributing to the prompt and orderly conduct of the proceeding.
(b) Pre-hearing conferences, with
the exception of settlement discussions, shall be recorded.
(c) The presiding officer shall issue an order
summarizing the matters determined at the pre-hearing conference.
Source. #8159, eff 9-8-04
Ch
208.08 Mandatory Pre-Hearing
Disclosure of Witnesses and Exhibits.
At least 5 days before the hearing the parties and intervenors shall
provide to the other parties and intervenors:
(a) A list of all witnesses to be called at the
hearing together with a brief summary of their
testimony;
(b) A list of all documents and exhibits to be
offered as evidence at the hearing;
(c) A copy of each document intended to be
offered as evidence at the hearing; and
(d) An offer to inspect at times and places of
convenience to the other parties and intervernors the
non-documentary exhibits intended to be offered as evidence at the hearing.
Source. #8159, eff 9-8-04
Ch
208.09 Disclosure and Discovery.
(a) Upon the written request of a party or
intervenor, the board shall disclose to the parties and intervenors any
information which is in the possession of the board and which is reasonably
related to the subject matter of the proceedings.
(b) Neither the board nor any officer or employee
thereof shall be subject to discovery additional to that set forth in (a)
above.
(c) Any party wishing discovery against another
party, shall seek it by a motion identifying exactly the discovery requested
and the method of discovery.
(d) The motion for discovery shall be granted
when:
(1) The parties
and intervenors cannot adequately address the factual issues in the proceedings
without it;
(2) The method
of discovery is reasonable and will not cause material unfairness or
unreasonable expenses to any party or intervenor; and
(3) The
discovery will not unreasonably delay the proceedings.
Source. #8159, eff 9-8-04
Ch
208.10 Subpoenas.
(a) Subpoenas for the attendance of witnesses and
the production of documents and things shall be issued upon the order of the board.
(b) A
party or intervenor requesting the board to issue a subpoena shall attach a
copy of the proposed subpoena to his or her motion and pay the costs of
service, if any.
(c) A subpoena shall be served in any manner
authorized by law. The date, time and method of service shall be written on the
reverse of the original copy of the subpoena by the person making service
before he or she files that copy with the board.
(d) A person to whom a board subpoena is directed
may file a motion to quash or modify the subpoena within the time
period which is the longer of:
(1) Seven days
after service of the subpoena; or
(2) Before the
date specified in the subpoena for compliance.
(e) If the board denies the motion to quash or to
modify the subpoena, the person to whom the subpoena is directed shall comply
with the subpoena or any modification thereof within the time
period which is the longest of:
(1) The balance
of the time prescribed in the subpoena;
(2) Three days
from the date of the board's order; or
(3) The time period specified in the board's order.
Source. #8159, eff 9-8-04
Ch
208.11 Ex Parte
Communications. Once a notice
commencing an adjudicative proceeding has been issued, no party or intervenor
shall communicate, or cause another to communicate, with any member of the
board, the presiding officer or any person advising the board in connection
with the adjudicative proceeding, except in accordance with this chapter.
Source. #8159, eff 9-8-04
Ch
208.12 Evidence and Argument.
(a) Where there is no dispute as to the material
facts, the proceedings shall be limited to the submission of memoranda wherein
are argued the conclusions the parties and any intervenor wish the board to
draw from the facts.
(b) Oral argument, other than a brief opening and
closing statement, shall be permitted only when requested in a written motion
granted by the presiding officer or the board on a finding that such argument
is required for clarification of the issues.
(c) Proceedings shall not be conducted under the
rules of evidence, but the evidentiary privileges recognized by the law of
(d) Exhibits and testimony which will assist the
board to arrive at the truth shall be admissible.
(e) The following data shall be inadmissible as
evidence:
(1) Irrelevant
or immaterial data; and
(2) Unduly
repetitious or cumulative data.
(f) If the board officially notices a fact, it
shall so state, and permit any party or intervenor, upon timely request, the opportunity
to show the contrary.
(g) Witnesses appearing before the board shall
testify under oath or affirmation.
(h) The testimony of witnesses, including
intervenors, shall be offered in the order directed by the presiding officer.
(i) Unless called as
witnesses, board staff shall have no role in any hearing.
(j) Board members present during adjudicative
proceedings may make inquiry of witnesses, parties and intervenors.
(k) Post hearing legal memoranda shall be
permitted subject to such filing deadlines as the presiding officer or the
board require.
Source. #8159, eff 9-8-04
Ch
208.13 Burden and Standard of Proof.
(a) The party asserting the affirmative of a
proposition shall have the burden of proving the truth of that proposition by a
preponderance of the evidence.
(b) Without limiting the generality of (a) above,
the proponents of motions and petitions shall have the burden of persuading the
board that their motion or petition should be granted.
Source. #8159, eff 9-8-04
Ch 208.14 Recording the
Hearing; Transcripts.
(a) Except in the circumstances described in (b)
below, the presiding officer shall record the hearing by tape recording or any
other method that will provide a verbatim record.
(b) A hearing on an emergency suspension of a
license pursuant to RSA 541-A:30, III shall be recorded by a certified
shorthand court reporter provided and paid for by the board.
(c) Any individual may request a transcript of a
recording of a hearing by a written request which:
(1) Is made no
sooner than the last day of the hearing; and
(2) Includes the
promise to pay the cost of transcription.
(d) The board shall:
(1) Provide the
transcript if the request complies with (a) above; and
(2) Provide it
within 60 days of receipt of the request if the individual requesting it is the
respondent in a disciplinary proceeding or the representative of the
respondent.
(e) Upon the written request of any individual
wishing an estimate of the cost of transcription the board shall:
(1) Furnish the
estimate; and
(2) Furnish the
transcript if the individual requests it in a letter promising to pay the
estimated cost of transcription.
(f) A requested transcript shall be:
(1) Available
at the office of the board; or
(2) Mailed upon
the written agreement of the individual requesting the transcript that the date
of mailing shall constitute compliance with the 60-day requirement of (d)(2) or
(e)(2) above, as applicable.
(g) Pursuant to RSA 541-A:31, VII, the failure of
the board timely to provide a transcript of a hearing when requested by the
respondent in a disciplinary proceeding, or the representative of the
respondent, shall result in dismissal with prejudice of the disciplinary
proceeding.
Source. #8159, eff 9-8-04
PART Ch 209 CONTINUANCES AND FAILURE TO ATTEND HEARING
Ch 209.01 Continuances.
(a) Any party or
intervenor may make an oral or written motion that a hearing be delayed or
continued to a later date or time.
(b) A motion for a
delay or a continuance shall be granted if the presiding officer determines
that there is good cause to do so.
(c) Good cause shall
include:
(1) The unavailability of parties, intervenors,
witnesses or attorneys necessary to conduct the hearing;
(2) The likelihood that a settlement will make
the hearing or its continuation unnecessary; or
(3) Any other circumstances that demonstrate that
a delay or continuance would assist in resolving the case fairly.
(d) If the later
date, time and place are known when the hearing is being delayed or continued,
the information shall be stated on the record.
If the later date, time and place are not known at that time, the
presiding officer shall as soon as practicable issue a written scheduling order
stating the date, time and place of the delayed or continued hearing.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 209.02 Failure of a Party to Attend or
Participate in the Hearing.
(a) A party shall be
in default if the party:
(1) Has the overall burden of proof;
(2) Has been given notice in accordance with Ch
208.02; and
(3) Fails to attend the hearing.
(b) If a party is in
default under (a) above, the case shall be dismissed.
(c) If a party who
does not have the overall burden of proof fails to attend a hearing after
having been given notice in accordance with Ch 208.02, the testimony and evidence
of any other parties or intervenors shall be received and evaluated.
(d) If a party who
has the overall burden of proof attends a hearing but fails to participate by
presenting evidence or argument, a decision shall be entered against that
party.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
PART Ch 210 PROPOSED FINDINGS AND RULINGS; DISPOSITION;
CLOSING AND REOPENING THE RECORD
Ch 210.01 Proposed
Findings of Fact and Rulings of Law.
(a) Each party other
than the board shall submit proposed findings of fact and rulings of law at
least 3 days before the beginning of the hearing.
(b) Upon request the
board shall permit the submission, on a schedule ordered by the presiding
officer, of supplemental or amended proposed findings of fact and rulings of
law.
(c) In any case
where proposed findings of fact and rulings of law are submitted, the decision
shall include rulings on the proposals.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 210.02 Disposition.
(a) The board shall
issue a decision or order, whether or not the record
has been reopened pursuant to Ch 210.04, based on:
(1) A hearing attended by a quorum of the board;
(2) A written proposal for disposition meeting
the requirements of paragraph (c) below; or
(3) A hearing held pursuant to paragraph (d) (2
).
(b) A board member
shall not participate in the board's decision or order if he or she has not
personally heard all of the testimony in the case,
unless the decision or order does not depend on the credibility of any witness
and the record provides a reasonable basis for evaluating the testimony.
(c) If a presiding
officer has been delegated the authority to conduct the hearing in the absence
of a quorum of the board, the presiding officer shall submit to the board a
written proposal for disposition containing:
(1) The disposition proposed by the presiding officer;
(2) A statement of the reasons for the proposed
disposition; and
(3) Findings of fact and rulings of law necessary
to the proposed disposition.
(d) If a proposed disposition submitted pursuant
to paragraph (c) is adverse to a party or an intervenor,
the board shall:
(1) Serve a copy of
it on each party and intervenor; and
(2) Provide an
opportunity to file objections and present briefs and oral arguments to the
board.
(e) The board shall
keep final decisions and orders in its records for at least 5 years following
their dates of issuance, unless the director of the division of records management
and archives of the department of state sets a different retention period
pursuant to rules adopted under RSA 5:40.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 210.03 Closing
the Record. After the conclusion of
the hearing, the record shall be closed and no additional evidence shall be
received into the record except as allowed by Ch 210.04.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 210.04 Reopening
the Record.
(a) If no written proposal
for disposition pursuant to Ch 210.02 (c) or decision or order pursuant to Ch
210.02 (a) has been issued, any party or intervenor may move to reopen the
record for the inclusion in the record of specified evidence.
(b) A motion
pursuant to (a) above shall be granted if:
(1) There is no objection from any other party or
intervenor;
(2) The evidence sought to be included in the
record was not available at the time of the hearing; and
(3) The presiding officer determines that the
evidence is relevant, material and non-duplicative and its inclusion in the
record is necessary to a full and fair consideration of the issues to be
decided.
(c) If there is an
objection from a party or intervenor to a motion made pursuant to (a) above,
the hearing shall be reopened for the purpose of receiving evidence, permitting
cross-examination and permitting argument on the issue of reopening the record
for the admission of the specified evidence.
(d) The presiding
officer shall grant a motion to reopen the record if, after the reopened
hearing described in (c) above, the hearing officer determines that the
evidence:
(1) Was not available at the time of the hearing;
(2) Is relevant, material and non-duplicative;
and
(3) Is necessary to a full and fair consideration
of the issues to be decided.
(e) If the presiding
officer permits the reopening of the record for the admission of the specified
evidence, the hearing officer shall extend the hearing reopened pursuant to (c)
for the purpose of receiving evidence, permitting cross-examination and
permitting argument on the substance of the evidence.
Source. #8159, eff 9-8-04
Ch 210.05 Rehearings.
There shall be no rehearings.
Source. #8159, eff 9-8-04
PART Ch 211 INVESTIGATIONS
Ch 211.01 Investigations.
(a) The board shall
initiate an investigation without receiving a written complaint and on its own
initiative if:
(1) An investigation is required to enable it to
determine with certainty the eligibility of an applicant for initial or renewed
licensure; or
(2) It has or receives information giving it
reasonable grounds to suspect that the following might be occurring or have
occurred:
a. A violation of RSA 316-A;
b. A violation of the rules of the board; or
c. Misconduct by a licensee.
(b) To the extent
required to reach a conclusion about the matter under investigation,
investigative procedures shall include,
but not be limited to:
(1) Requests for additional information from
complainants against licensees,
including requests for a release of relevant medical records; and
(2) Face-to-face meetings with persons having
relevant information.
(c) To conduct an investigation the board shall appoint:
(1) A qualified attorney or other qualified
individual;
(2) A committee of qualified individuals;
(3) A member of its staff; or
(4) One or more members of the board.
(d) The board shall
issue subpoenas for persons and documents pursuant to RSA 316-A:23-a.
(e) An investigation
shall not commence a disciplinary hearing and shall not constitute an
allegation of misconduct by a licensee.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8160, eff 9-8-04;
ss by #10430, eff 10-5-13
PART Ch 212 RULEMAKING
Ch 212.01 Petitions
for Rulemaking.
(a) Any person may
seek the adoption, amendment or repeal of a rule by submitting to the board a
petition pursuant to RSA 541-A:4.
(b) Each petition
for rulemaking shall contain:
(1) The name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the entity to file the petition;
(2) A statement of the purpose of the petition, whether the adoption, amendment or repeal of a rule;
(3) If amendment or adoption of a rule is sought,
the text proposed;
(4) If amendment or repeal of a rule is sought,
identification of the current rule sought to be amended or repealed;
(5) Reference to the statutory provision that
authorizes or supports the rulemaking petition; and
(6) Information or argument useful to the board
when deciding whether to begin the rulemaking process.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch 212.02 Disposition
of Petitions for Rulemaking.
(a) The board shall
request additional information or argument from petitioner for rulemaking or
from others if such additional information or argument is required to reach a
decision.
(b) The board shall
grant the petition for rulemaking if the adoption, amendment or repeal sought
would not result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules one
with another; or
(5) Excessive burden upon the board in terms of
cost or a reduction in efficiency or effectiveness.
(c) Within 30 days
of receipt of a sufficient petition the board shall dispose of it in the
following manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d) The denial of a petition for rulemaking shall
not entitle the petitioner to a hearing.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
PART Ch 213
DECLARATORY RULINGS
Ch
213.01 Petitions. Any person may request a declaratory ruling
from the board on matters within its jurisdiction by filing an original and 6
copies of a petition setting forth the following information:
(a) The exact ruling being requested;
(b) The statutory basis for the ruling, supported
by a memorandum of law;
(c) The factual basis for the ruling, supported
by affidavits;
(d) The reason why the issuance of a ruling on
this subject would benefit the petitioner; and
(e) The name and address of the petitioner.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
Ch
213.02 Board Action on Petitions.
(a) If examination of a petition for declaratory
ruling reveals that persons other than the
petitioner would be substantially affected by the requested ruling, the
board shall serve the petition on such persons and advise them that they may
file a reply pursuant to Ch 206.01(d).
(b) The petitioner and any persons served with
the petition shall provide such further information or participate in such
evidentiary or other proceedings as the board directs after reviewing the
petition and any replies received.
(c) The board shall deny a petition when:
(1) Other
procedural options are available to the petitioner; or
(2) T he requested ruling
would address the issues and the facts presented in a pending administrative or
judicial proceeding.
Source. #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #8159, eff 9-8-04
PART Ch 214
PUBLIC COMMENT HEARINGS
Ch
214.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #8159, eff 9-8-04
Ch
214.02 Public Access and
Participation.
(a) Public comment hearings shall be open to the
public, and members of the public shall be entitled to testify, subject to the
limitations of Ch 214.03.
(b) People who wish to testify shall be asked to
write on the speaker's list:
(1) Their full
names and addresses; and
(2) The names
and addresses of organizations, entities or other persons whom they represent,
if any.
(c) Written comments, which may be submitted in
lieu of or in addition to oral testimony, shall be accepted for the time period specified in the notice published in the state’s
rulemaking register.
Source. #8159, eff 9-8-04; ss
by #13185, eff 4-6-21
Ch
214.03 Limitations on Public
Participation. The board's chair or
other person designated by the board to preside over a hearing shall:
(a) Refuse to recognize for speaking or revoke the
recognition of any person who:
(1) Speaks or
acts in an abusive or disruptive manner;
(2) Fails to
keep comments relevant to the proposed rules that are the subject matter of the
hearing; or
(3) Restates
more than once what he or she has already stated;
(b) Limit presentations on behalf of the same
organization or entity to no more than 3, provided that all those representing
such organization or entity may enter their names and addresses into the record
as supporting the position of the organization or entity.
Source. #8159, eff 9-8-04
Ch 214.04 Media Access. Public comment hearings shall be open to
print and electronic media, subject to the following limitations when such
limitations are necessary to allow a hearing to go forward:
(a) Limitation of the number of media
representatives when their number together with the number of members of the
public present exceeds the capacity of the hearing room;
(b) Limitation on the placement of cameras to
specific locations within the hearing room; or
(c) Prohibition of interviews conducted within
the hearing room before or during the hearing.
Source. #8159, eff 9-8-04
Ch
214.05 Conduct of Public Comment Hearings.
(a) Public comment hearings shall be attended by
a quorum of the board.
(b) Public comment hearings shall be presided
over by the board chair or a board member knowledgeable in the subject area of
the proposed rules who has been designated by the board to preside over the
hearing.
(c) The person presiding over a hearing shall:
(1) Call the
hearing to order;
(2) Identify
the proposed rules that are the subject matter of the hearing and provide
copies of them upon request;
(3) Cause a recording
of the hearing to be made;
(4) Recognize
those who wish to be heard;
(5) If necessary,
establish limits pursuant to Ch 214.03 and Ch 214.04;
(6) If necessary
to permit the hearing to go forward in an orderly manner, effect the removal of
a person who speaks or acts in a manner that is personally abusive or otherwise
disrupts the hearing;
(7) If
necessary, postpone or move the hearing; and
(8) Adjourn or
continue the hearing.
(d) A hearing shall be postponed in accordance
with RSA 541-A:11, IV when:
(1) The weather
is so inclement that it is reasonable to conclude that people wishing to attend
the hearing will be unable to do so;
(2) The person
designated by the board to preside over the hearing is ill or unavoidably
absent; or
(3)
Postponement will facilitate greater participation by the public.
(e) A hearing shall be moved to another location
in accordance with RSA 541-A:11, V when the original location is not able to
accommodate the number of people who wish to attend the hearing.
(f) A hearing shall be continued past the
scheduled time or to another date in accordance with RSA 541-A:11, III when:
(1) The time
available is not sufficient to give each person who wishes to speak a
reasonable opportunity to do so; or
(2) The
capacity of the room in which the hearing is to be held does not accommodate
the number of people who wish to attend and it is not possible to move the
hearing to another location.
Source. #8159, eff 9-8-04
Ch 215.01 Requests
for Explanation of Adopted Rules.
Any interested person may, within 30 days of the final adoption of a
rule, request a written explanation of that rule by making a written request
including:
(a) The name and
address of the person making the request; or
(b) If the request is that of an organization or
other entity, the name and address of such organization or entity and the name
and address of the representative authorized by the organization or entity to
make the request.
Source. #8160, eff 9-8-04;
ss by #10431, eff 10-5-13
Ch 215.02 Contents
of Explanation. The board shall,
within 90 days of receiving a request in accordance with Ch 215.01, provide a
written response which:
(a) Concisely states
the meaning of the rule adopted;
(b) Concisely states
the principal reasons for and against the adoption of the rule in its final
form; and
(c) States, if the
board did so, why the board overruled any arguments and considerations
presented against the rule.
Source. #8160, eff 9-8-04;
ss by #10431, eff 10-5-13
CHAPTER Ch 300 LICENSING REQUIREMENTS
PART Ch 301 DEFINITIONS
REVISION
NOTE:
Document #6288, effective 7-19-96,
repealed Ch 301.03 and renumbered all remaining sections of Ch 301. Document #6288 only renumbered, but did not
readopt, existing sections Ch 301.03 through Ch 301.05 and, therefore, did not
change their effective dates. Document
#6288 renumbered and readopted existing sections Ch 301.06 through Ch 301.08 and also repealed former section Ch 301.10.
Ch 301.01 Definitions.
(a)
"Notify in writing" means:
(1) Notify by written communication sent by mail to
the mailing address furnished by the applicant; or
(2) Notify by
electronic means using the electronic address furnished by the applicant.
(b) “National Board of Chiropractic Examiners
(NBCE)” means a nonprofit organization which designs and administers an
examination including written and practice components testing proficiency in
chiropractic.
(c) "National provider identifier"
means a unique identification number for certain health care providers issued
by the national Centers for Medicare & Medicaid
Services through the National Plan and Provider Enumeration System.
Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82;
ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff 5-18-93; amd by #6288, eff 7-19-96 (See Revision Note at part
heading for Ch 301); paragraphs (a), (b), (d)-(f) and subparagraphs (c)(1),
(2), and (4) EXPIRED: 5-18-99; paragraphs (c)(3) EXPIRED: 7-19-04
New. #8187, eff 10-8-04;
ss by #9357, eff 1-10-09, EXPIRED: 1-10-17
New. #12107, INTERIM, eff
2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17
PART Ch 302
APPLICATION PROCEDURE
Ch
302.01 Granting of Initial License. The board shall grant an initial license to
practice chiropractic to any applicant who complies with the application process
specified by Ch 302.02, meets the qualifications set forth in Ch 303, and has
paid the license fee specified by Ch 306.01.
Source. #1488, eff 11-20-79;
ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss
by #5624, eff
5-18-93, EXPIRED: 5-18-99
New. #8187, eff 10-8-04;
ss by #10432, eff 10-5-13; ss by #12431, eff 12-8-17
Ch
302.02 Application Process. Persons who wish to apply for an initial
license to practice chiropractic shall do so by submitting or arranging to be submitted
to the board the following material:
(a) A signed and completed “Application for a
License to Practice Chiropractic” form, effective October 2017, provided by the
board and which contains the information specified in Ch 302.04 and the
certifications and acknowledgements specified in Ch 302.05;
(b) The
attachments required by Ch 302.07;
(c) A
transcript of the scores achieved by the applicant on the examinations required
by Ch 304.01(a), submitted directly to the board by NBCE; and
(d) Two
references from experienced doctors of chiropractic
who:
(1) Use the
form described in Ch 302.08; and
(2) Have the
following knowledge of the applicant's competence in chiropractic:
a. In the case
of an applicant whose chiropractic training was completed within 5 years of the
application, actual knowledge gained in a supervisory capacity; and
b. In the case
of an applicant whose chiropractic training was completed more than 5 years
before the application, actual knowledge gained in any professional
relationship with the applicant.
Source. #1488, eff 11-20-79;
ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss
by #5624, eff
5-18-93, EXPIRED: 5-18-99
New. #8187, eff 10-8-04;
ss by #10432, eff 10-5-13; ss by #12431, eff 12-8-17
Ch 302.03 Application
Processing Procedure.
(a) An
application shall be effective on the date assigned by the board as the filing
date.
(b) The board
shall assign as the filing date of an application the date that the board has
received the materials specified in Ch 302.02.
(c) If the
board for the purpose of determining the applicant's qualification for
licensure requires any information or documents additional to the materials
submitted in compliance with Ch 302.02, it shall:
(1) So notify
the applicant in writing within 60 days of the filing date; and
(2) Specify the
information or documents which the applicant is required to submit.
(d) The
application shall be dismissed if the applicant does not submit the additional
information and documents requested pursuant to paragraph (c) above within 60
days.
(e) When the
board has received the materials specified in Ch 302.02 and any additional information
or documents requested pursuant to paragraph (c) above, the applicant shall be
entitled, after paying the examination fee specified in Ch 306.01, to take the
jurisprudence examination described in Ch 304.01(b).
Source. #1488, eff 11-20-79;
ss by #2716, eff 5-17-84; ss by #3136, eff 10-18-85; ss by #4671, eff 9-7-89;
ss by #5624, eff
5-18-93; ss by #6288, eff 7-19-96; EXPIRED: 7-19-04
New. #8187, eff 10-8-04;
ss by #10432, eff 10-5-13; ss by #12431, eff 12-8-17
Ch 302.04 Information
Required by the Application Form. An
applicant for initial licensure shall supply the following information on the
“Application for a License to Practice Chiropractic” form, effective October
2017:
(a) The applicant's full name, physical address,
mailing address, telephone number and e-mail address, if any;
(b) The
applicant's social security number pursuant to RSA 161-B:11, VI-a, date of
birth, height, weight, eye color and hair color;
(c) The
applicant's national provider identifier, if known;
(d) The applicant's
physical address for the past 5 years;
(e) Whether the
applicant has any physical, mental, or other condition or disability affecting
the applicant's ability to practice chiropractic;
(f) Whether the
applicant has any physical, mental or other condition or disability for which
continuing remedial or therapeutic action is required to ensure the applicant's
continuing ability to practice chiropractic;
(g) Whether the
applicant uses alcohol or controlled or non-controlled drugs in a manner affecting
the applicant's ability to practice chiropractic;
(h) Whether the
applicant has ever been convicted of a felony or misdemeanor;
(i) If any answer to (e), (f), (g), or (h) is
affirmative, a summary statement explaining the answer and specifying as
applicable:
(1) The
physical, mental or other condition or disability;
(2) The remedial
or therapeutic action;
(3) The use of
alcohol or controlled or non-controlled drugs; and
(4) The charges
of which the applicant was convicted, the conviction date, and the sentence
imposed or other disposition;
(j) For each
post- secondary educational
institution attended by the applicant, regardless of degrees earned, the
following information:
(1) The name of
the institution;
(2) The address
of the institution;
(3) The dates
of the applicant's attendance; and
(4) The degree
awarded by the institution, if any;
(k) For any
chiropractic college attended, its name, address, the dates attended by the
applicant, and the date of the applicant's graduation;
(l) Whether the
applicant currently holds, or has previously held, any professional license,
certification or registration to practice any method of healing other than
chiropractic;
(m) If the
answer to (l) is affirmative, the type of license(s) held and the issuing
jurisdiction or state;
(n) Whether the
applicant currently holds, or has previously held, any license to practice
chiropractic;
(o) For every
license to practice chiropractic held in the past or at present:
(1) The issuing
jurisdiction or state;
(2) The license
date;
(3) The license
number; and
(4) If
applicable, the reason the applicant no longer holds the license;
(p) Whether the
applicant has ever been refused:
(1) A license
to practice chiropractic; or
(2) Any other professional
license, certification or registration;
(q) For every
refusal of a license, certification or registration as described in paragraph
(p) above:
(1) The name
and address of the licensing, certifying or registering body;
(2) The date of
refusal; and
(3) The reason
for the refusal;
(r) Whether the
applicant has ever had any disciplinary action taken by any other jurisdiction
against the applicant's chiropractic license or any other professional license,
certification or registration;
(s) Whether,
during the past 10 years there have been, or whether there are now, complaints pending, or investigations being
conducted, in connection with any professional license, certification or
registration previously or currently held by the applicant;
(t) Whether, to
the best of the applicant's knowledge, there are currently pending any malpractice
claims, settlements or judgments;
(u) Whether, in the past 10 years, any
malpractice claims have been settled or resolved, or malpractice judgments
issued, against the applicant; and
(v) If any answer to (r), (s), (t), or (u) is
affirmative, a detailed written explanation of the circumstances.
Source. #5624, eff 5-18-93;
ss by #6288, eff 7-19-96; EXPIRED: 7-19-04
New. #8187, eff 10-8-04;
ss by #9357, eff 1-10-09 EXPIRED: 1-10-17
New. #12107, INTERIM, eff
2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17
Ch 302.05 Signature
to Statement Required. An applicant
for initial licensure shall sign and date the following statement preprinted on the application form:
“I herewith apply for a license to practice
chiropractic in accordance with RSA 316-A and the rules of the New Hampshire
Board of Chiropractic Examiners. I am
the applicant identified in the application and the submitted photograph is a true
likeness of me. I will notify the board
in writing within 30 days of any change in the information provided in the
application, even after the application has been granted and a license issued.
I consent to the board's use for all purposes of the mailing and electronic
addresses provided to the board in the application or thereafter. The information provided on the application
form and the documentation provided to support the application are, to the best
of my knowledge and belief, true, accurate, complete and unaltered. I acknowledge that, pursuant to RSA 641:3, I,
the knowing making of a false statement on the application form is punishable
as a misdemeanor, and, should I knowingly provide the
board with any false, inaccurate, incomplete or altered information or documentation,
the board has the authority to deny the application or, after a hearing, to
take disciplinary action against any license issued to me.”
Source. #8187, eff 10-8-04;
ss by #10433, eff 10-5-13; ss by #12431, eff 12-8-17
Ch 302.06 Effect
of Applicant’s Signature. The effect
of the applicant’s signing the statement described in Ch 302.05 shall be that
the applicant:
(a) States that he or she is applying for a
license to practice chiropractic in accordance with RSA 316-A and the rules of
the New Hampshire board of chiropractic examiners;
(b) Certifies that he or she is the individual
identified in the application and that the submitted photograph is a true
likeness of him or her;
(c) Promises that he or she will notify the board in writing within 30 days of
any change in the information provided in the application, even after the
application has been granted and a license issued;
(d) Consents to
the board's use for all purposes of the mailing and electronic addresses provided
to the board in the application or thereafter;
(e) Certifies that the information provided on the
application form and the documentation provided to support the application are,
to the best of knowledge and belief, true, accurate, complete and unaltered;
and
(f) Acknowledges that, pursuant to RSA 641:3,
I, the knowing making of a false statement on the application form is
punishable as a misdemeanor, and that, if he or she knowingly provides the
board with any false, inaccurate, incomplete or altered information or
documentation, the board has the authority to deny the application or, after a
hearing, to take disciplinary action against any license issued to him or her.
Source. #8187, eff 10-8-04;
ss by #10433, eff 10-5-13; ss by #12431, eff 12-8-17
Ch 302.07 Required Attachments to the Application
Form. The applicant shall attach to
the application form the following items:
(a) An original, recent
photograph of the applicant;
(b) An official transcript from each post secondary educational institution, including
chiropractic colleges, attended by the applicant; and
(c) Photocopies of any current licenses,
certifications or other documents showing permission to practice chiropractic
in any other state or jurisdiction;
(d) A photocopy of the chiropractic diploma;
(e)
Two reference letters from practicing doctors of chiropractic, signed and dated, providing the information in Ch 302.08(a) and
(b)(1) through (b)(3), or 2 reference forms completed in compliance with Ch
302.08;
(f)
A current resume, that is, a curriculum vitae; and
(g) The responses to the optional informational question
page on the application form, if the applicant has chosen to provide the
optional information requested.
Source. #8187, eff 10-8-04;
ss by #10433, eff 10-5-13; ss by #12431, eff 12-8-17
Ch 302.08 References. References shall be provided by doctors of chiropractic either in a signed and dated letter providing
the information in Ch 302.08(a) and (b)(1) through (b)(3) below or on a
“Reference Letter” form, effective October 2017 and supplied by the board
which:
(a) Contains
the statement of the doctor of chiropractic that he or
she has had the experience of supervising or knowing the applicant and that the
applicant has been found by him or her to be a person of high moral character
and worthy of the New Hampshire board of chiropractic examiners' recognition
and confidence; and
(b) Requires
the person making the statement to provide the following:
(1) His or her
name, address and telephone number;
(2) The name of
the applicant;
(3) The time
since when he or she has supervised or known the practice of the applicant;
(4) His or her
signature to the acknowledgement preprinted on the form that, pursuant to RSA
641:3, I the knowing making of a false statement on the reference form is
punishable as a misdemeanor; and
(5) The date of
signing of the form.
Source. #8187, eff 10-8-04;
ss by #10433, eff 10-5-13; ss by #12431, eff 12-8-17
Ch
302.09 Notice of Decision on the
Application for Licensure.
(a) The board shall issue its decision on the
application within 120 days of the filing date or of the date that the board is
in receipt of any additional information or documents requested pursuant to Ch
302.03 (c).
(b) The board shall notify the applicant of its
decision in writing.
Source. #8187, eff 10-8-04;
ss by #10433 eff 10-5-13; ss by #12431, eff 12-8-17
PART Ch 303
QUALIFICATIONS FOR INITIAL LICENSURE
Ch
303.01 Qualifications. An applicant shall be qualified for initial
licensure if the applicant meets the requirements set forth in this part and
passes the examinations specified in Ch 304.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93; amd by #6288, eff 7-19-96; intro. and paragraphs (a) &
(c) EXPIRED: 5-18-99; paragraph (b) EXPIRED: 7-19-04
New. #8187, eff 10-8-04;
ss by #10434, eff 10-5-13; ss by #12431, eff 12-8-17
Ch 303.02 Experience
and Educational Requirements.
(a) All applicants
for initial licensure shall have:
(1) Graduated from a degree granting chiropractic
college which is accredited by an established chiropractic accrediting body
approved by the United States Department of Education; or
(2) Completed a chiropractic program at a
chiropractic institution accredited by a regional accrediting agency approved
by the United States Department of Education.
(b) An applicant who
matriculated in a chiropractic school or college between January 1, 1951 and January 1, 1968 shall be a graduate of a legally chartered
or incorporated school of chiropractic
requiring for graduation completion of a course of study of not less than 3,600
classroom hours in 4 academic years.
(c) An applicant for
initial licensure who matriculated in a chiropractic school or college after
January 1, 1968 shall be a graduate of a legally
chartered or incorporated school of chiropractic requiring for graduation
completion of a course of study of not less than 4,000 classroom hours in 4
academic years.
Source. #8187, eff 10-8-04; ss
by #10434, eff 10-5-13; ss by #12431, eff 12-8-17
Ch
303.03 Disqualification Based on
Character.
(a) An applicant shall be disqualified for
initial licensure if:
(1) The
applicant, or someone acting on the applicant's behalf, has knowingly submitted
false information to the board in connection with the application;
(2) The
applicant cannot be relied upon to practice competently and safely because of
physical or mental disability or other condition or disability, or because of
use of alcohol or controlled or non-controlled drugs;
(3) Evidence of
disciplinary action taken against the applicant by a licensing body or a
professional society or association indicates that the applicant cannot be
relied upon to practice competently, safely, and honestly; or
(4) Conviction
of a felony or misdemeanor indicates that the applicant cannot be relied upon
to practice competently, safely, and honestly.
(b) The board shall make any investigations required
to determine whether there are reasons for disqualification on the grounds
specified in (a) above.
Source. #8187, eff 10-8-04;
ss by #10434, eff 10-5-13; ss by #12431, eff 12-8-17
PART Ch 304
EXAMINATIONS
Ch
304.01 Examination Requirements.
(a) Before submitting an
application for licensure an applicant shall have taken and passed parts
I, II, III and IV of the NBCE examinations and have the scores submitted directly to the
board by the NBCE.
(b) An applicant shall take and pass with a score
of at least 70% correct answers a written jurisprudence examination mailed to
the applicant by the board and testing knowledge of RSA 316-A and these rules.
(c) Such jurisprudence examination shall be
completed and returned to the board within 20 days.
(d) The applicant shall date and sign a statement
preprinted on the jurisprudence examination which states that the applicant has
read and understands RSA 316-A and the administrative rules of the board.
Source. #8187, eff 10-8-04;
ss by #10435, eff 10-5-13; ss by #10434, eff 10-5-13; ss by #12431, eff 12-8-17
Ch
304.02 Payment of Jurisprudence
Examination Fee; Notification of Examination Results.
(a) The examination fee specified by Ch 306.01:
(1) Shall be
paid by the applicant before the applicant takes the jurisprudence examination
for the first time; and
(2) Shall entitle
any applicant failing the jurisprudence examination to one re-administration of
the examination.
(b) The board
shall notify the applicant in writing of the results of the jurisprudence
examination within 30 days of the date of the jurisprudence examination or of
any re-administration of the examination.
Source. #8187, eff 10-8-04;
ss by #10435, eff 10-5-13; ss by #12431, eff 12-8-17
PART Ch 305
LICENSURE BY ENDORSEMENT
Ch
305.01 Qualifications for Licensure
by Endorsement. An applicant shall be qualified for licensure by
endorsement if the applicant:
(a) Is currently licensed, permitted or otherwise
authorized to practice chiropractic in another state or territory of the
(b)
Has been in active practice for at least 3 consecutive years in the
licensing jurisdiction in question during the 5 years immediately preceding the
application;
(c) Has met the educational requirements
specified in Ch 303.02;
(d) Has already taken and passed the following
parts of
the NBCE examinations:
(1) Part I;
(2) Part II;
(3) Part III if the applicant was licensed after
January 1, 1990; and
(4) Part IV if the applicant was licensed after
January 1, 1996.
(e) Has passed the examination described in Ch
304.01(b);
(f) Is not disqualified pursuant to Ch 305.02;
and
(g) Has paid the fees set forth in Ch 306.01(a)
and (b).
Source. #8187, eff 10-8-04;
ss by #10436, eff 10-5-13; ss by #12431, eff 12-8-17
Ch
305.02 Disqualification Based on
Character.
(a) An applicant for licensure by endorsement
shall be disqualified if:
(1) The
applicant, or someone acting on the applicant's behalf, has knowingly submitted
false information to the board in connection with the application;
(2) The
applicant cannot be relied upon to practice competently and safely because of
physical or mental disability or other condition or disability, or because of
use of alcohol or controlled or non-controlled drugs;
(3) Evidence of
disciplinary action taken against the applicant by a licensing body or a professional
society or association indicates that the applicant cannot be relied upon to
practice competently, safely and honestly; or
(4) Conviction
of a felony or misdemeanor indicates that the applicant cannot be relied upon
to practice competently, safely and honestly.
(b) The board
shall make any investigations required to determine whether there are reasons
for disqualification on the grounds specified in (a) above.
Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch
305.03 Application Process. Persons who wish to apply for licensure by
endorsement shall do so by submitting or arranging to be submitted to the board
the following materials:
(a) A completed “Application for a License to
Practice Chiropractic” form, effective October 2017 and provided by the board
requiring the information specified in Ch 302.04 and a signature to the
statement described in Ch 302.05;
(b) An original, recent photograph of the
applicant;
(c) Photocopies of any current licenses, certifications
or other documents showing permission to practice chiropractic in any
jurisdiction described in Ch 305.01(a);
(d) A transcript of the scores achieved by the
applicant on the examinations required by Ch 305.01(d), submitted directly to
the board by NBCE; and
(e) Two references from experienced doctors of
chiropractic who:
(1) Use the
form or
provide letters as described in Ch 302.08; and
(2) Have the
following knowledge of the applicant's competence in chiropractic:
a. In the case
of an applicant whose chiropractic training was completed within 5 years of the
application, actual knowledge gained in a supervisory capacity; and
b. In the case
of an applicant whose chiropractic training was completed more than 5 years
before the application, actual knowledge gained in any professional
relationship with the applicant.
Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch
305.04 Decision on the Application
for Licensure by Endorsement.
(a) The board shall issue its decision on the
application for licensure by endorsement within 120 days of the date that the
board is in receipt of:
(1) The
materials described in Ch 305.03; and
(2) Any
additional information or documents the board has requested.
(b) The board shall notify the applicant of its
decision in writing.
Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13;
ss by #12431, eff 12-8-17
PART Ch 306
FEES
Ch
306.01 Fee Schedule. The fees set by the board pursuant to RSA
316-A:5 shall be as follows:
a. The fee for an initial license shall be
$300.00;
b. The fee for biennial renewal of a license
shall be $300.00; and
c. The fee for the
provision of a mailing list shall be $25.00.
Source. #8187, eff 10-8-04; ss by #9450, eff 4-7-09,
EXPIRED: 4-7-17
New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17
New. #12431, eff 12-8-17
CHAPTER Ch 400
CONTINUED STATUS
REVISION
NOTE:
Document #13327, effective 1-21-22, adopted Ch 403 titled “Reinstatement
of Licenses.” Document #13327 also
renumbered, but did not readopt, the existing Part Ch 403 through Part Ch 408
as Part Ch 404 through Part Ch 409, as indicated by “renumbered by #13327” and
the former rule number as indicated in the source notes for the rules in those
parts.
PART Ch 401
DEFINITIONS
Ch
401.01 “Continuing education hour” means
an hour that includes at least 50 minutes of active instruction and is credited
by the board against the continuing education requirements set forth in Ch
404.01(a).
Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82;
ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff
5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
401.02 “Federation of Chiropractic
Licensing Boards (FCLB)” means a national non-profit organization of
chiropractic regulatory boards maintaining a database containing information on
both disciplinary actions taken by chiropractic regulatory boards and
exclusions from medicare and medicaid
reimbursement by the U.S. Department of Health & Human Services.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch 401.03
“Healthcare Integrity and Protection Data Bank (HIPD)” means a data bank
created by the Secretary of the U.S. Department of Health and Human
Services containing information about fraud and abuse by health care
practitioners and entities.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
401.04 “National Board of Chiropractic
Examiners (NBCE)” means a nonprofit organization which designs and administers
examinations including written and practice components testing proficiency in
chiropractic.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17
Ch
401.05 "National provider
identifier" means a unique identification number for certain health care
providers issued by the national Centers for Medicare
& Medicaid Services through the National Plan and Provider Enumeration System.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch 401.06 “Preparatory and
complementary procedures” means procedures that are currently taught in
accredited chiropractic colleges through the professional degree program or at
the post-graduate level.
Source. #9358, eff 1-10-09 (from Ch 401.05), EXPIRED:
1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
PART Ch 402
RENEWAL OF LICENSE
Ch
402.01 Eligibility for License
Renewal. The board shall renew the
license to practice chiropractic of a renewal applicant who:
(a) Complies with the application process in Ch
402.03;
(b) Meets the continuing education requirements
of Ch 404;
(c) Pays the renewal fee specified by Ch 306.01;
and
(d) Is not subject
to licensure denial pursuant to Ch 402.09.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED:
5-18-99
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.02 Expiration of License.
(a) Pursuant to RSA 316-A:19, initial and renewed
licenses shall expire automatically on July 1 of each odd numbered year.
(b) An individual whose license has expired and has
not been renewed shall not practice chiropractic until a new license has been
issued.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.03 Application for Renewal.
(a) Licensees wishing to renew their licenses
shall submit to the office of the board before June 1 of the renewal
year the following completed renewal application packet:
(1) The
completed “Application for Renewal of License” form, effective October 2017,
described in Ch 402.05;
(2) The signed
statement described in Ch 402.06;
(3) The
supporting documents specified by Ch 402.08; and
(4) Payment of
the renewal fee specified by Ch 306.01.
(b) The completed renewal application packet
shall be submitted no sooner than March 1 of the renewal year.
(c) The board shall waive the June 1 deadline for
submission of the completed renewal application packet for the following
reasons:
(1) Personal
illness within 6 months prior to the June 1 deadline which is sufficiently
serious to prevent the renewal applicant from engaging in his or her usual work
for at least 2 consecutive weeks;
(2) Illness in
the household or of a member of the immediate family within 6 months prior to the
June 1 deadline which is sufficiently serious to prevent the renewal applicant
from engaging in his or her usual work for at least 2 consecutive weeks;
(3) Death in
the household or of a member of the immediate family within 6 months prior to
the June 1 deadline;
(4) Active
military duty;
(5) The
destruction by fire, flood or other accidental or natural disaster, within 6
months prior to the June 1 deadline, of continuing education or other records
required to complete the renewal application packet; or
(6) Failure to
complete the continuing education required for renewal.
(d) To obtain a waiver of the June 1 deadline for
submission of the completed renewal application packet the renewal applicant
shall submit:
(1) A completed
renewal application form;
(2) If the
waiver is sought for any reason in (c)(1) through (c)(5) above, a written
statement of the applicant's need for the waiver together with documentation of
the facts establishing the need;
(3) If the
waiver is sought for the reason in (c)(6) above, a note written directly on the
renewal application form indicating how the renewal applicant intends to
complete required continuing education in time to submit its documentation by
the next to last working day of June;
(4) The renewal
fee;
(5) The
documents required by Ch 402.08(a) and Ch 402.08(b)(1); and
(6) The
materials required by Ch 402.08(b)(2) documenting the continuing education
completed to date.
(e) The waiver of the June 1 deadline for
submission of the completed renewal application packet shall not extend the
period for submission of such packet beyond the next-to-last working day of
June.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93; amd
by #6288, eff 7-19-96; paragraphs (a), (b), (d)-(g) EXPIRED: 5-18-99; paragraph
(c) EXPIRED: 7-19-04
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.04 Processing of Applications for
Renewal.
(a) If, after review of the completed renewal
application packet, the board requires any additional information the board
shall:
(1) So notify
the applicant within 30 days of the filing date; and
(2) Specify the
information, which the applicant is required to submit.
(b) The board shall make a decision on an
application for renewal within 120 days of timely receipt of the completed
application packet or any information it has requested pursuant to (a) above.
(c) Upon its decision to deny an application for
licensure renewal the board shall give the applicant written notice of:
(1) Its
proposed decision;
(2) The
reason(s) for its proposed decision; and
(3) The fact
that the applicant has the right to challenge the proposed decision by requesting
a hearing within 60 days of receipt of the notice.
(d) No proposed denial of an application for
licensure renewal shall be final until the renewal applicant has had the
opportunity to challenge the denial of the application by requesting a hearing
pursuant to Ch 200 within 60 days of receipt of notice of the proposed denial.
(e) An individual whose application for license
renewal has been finally denied shall be entitled to reimbursement of the
renewal fee.
(f) An individual whose application for license
renewal has been denied or whose license has expired shall not practice chiropractic
until a new license has been issued.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED:
5-18-99
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.05 Renewal Application Form. An applicant for licensure renewal shall
supply the following information on the “Application for Renewal of License”
form, effective October 2017:
(a) The renewal applicant's:
(1) Full name;
(2) New
Hampshire license number;
(3) Business physical
address and business telephone number;
(4) Residential
address and residential telephone number;
(5) Mailing
address, if different from business and residential addresses;
(6) E-mail
address, if any;
(7) Fax number,
if any;
(8) Any previously
used names or maiden names;
(9) Date of
birth; and
(10) National
provider identifier, if known;
(b) If not previously provided to the board, the
renewal applicant’s social security number, written immediately below the
following preprinted statement:
"The Board of Chiropractic Examiners is required
by RSA 161-B:11 to obtain your social security number for the purpose of child
support enforcement. Except for its use in child support enforcement, your
social security number will not be used by the Board of Chiropractic Examiners
and will be held confidential."
(c) The renewal applicant's height, weight, eye
color and hair color;
(d) Whether the renewal applicant has any
physical, mental or other condition or disability affecting the applicant's
ability to practice chiropractic;
(e) Whether the renewal applicant has any physical,
mental or other condition or disability for which continuing remedial or
therapeutic action is required to ensure the applicant's continuing ability to practice
chiropractic;
(f) Whether the renewal applicant uses alcohol or
controlled or non-controlled drugs in a manner affecting the applicant's
ability to practice chiropractic;
(g) Whether the renewal applicant has since last
issuance or renewal of his or her New Hampshire license been convicted of a
felony or misdemeanor;
(h) If the answer to (d), (e), (f), or (g) is
affirmative, a summary statement explaining the answer and specifying as
applicable:
(1) The
physical, mental or other condition or disability;
(2) The
remedial or therapeutic action;
(3) The use of
alcohol or controlled or non-controlled drugs; and
(4) The charges
of which the renewal applicant was convicted, the conviction date, and the
sentence imposed or other disposition;
(i) Whether the
renewal applicant currently holds any professional license, certification or
registration to practice any method of healing other than chiropractic;
(j) If the answer to (i)
is affirmative, the type of license(s), certification(s) or registration(s)
held and the issuing jurisdiction or state;
(k) Whether the renewal applicant currently
holds, or has been issued since last issuance or renewal of his or her New
Hampshire license, any license to practice chiropractic issued by another jurisdiction;
(l) For every such license to practice
chiropractic:
(1) The issuing
jurisdiction or state;
(2) The license
date;
(3) The license
number; and
(4) If
applicable, the reason the renewal applicant no longer holds the license;
(m) Whether,
since last issuance or renewal of his or her New Hampshire license, there has
been any disciplinary action by any other jurisdiction against the renewal
applicant's chiropractic or other professional license, certification or
registration;
(n) Whether
there are now, or have been since last issuance or renewal of his or her New
Hampshire license, complaints made or investigations conducted in connection
with any professional license, certification or registration previously or
currently held by the renewal applicant;
(o) Whether, to
the best of the renewal applicant's knowledge, there are now, or have been
since last issuance or renewal of licensure, any malpractice claims,
settlements or judgments against the renewal applicant;
(p) Whether a
complaint has been brought against the renewal applicant in any court or
professional or business organization of which he or she is a member;
and
(q) If the
answer to (m), (n), (o), or (p) is affirmative, a detailed written explanation
of the circumstances.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED:
5-18-99
New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch 402.06 Signature
to Statement Required. An applicant
for renewal licensure shall sign and date the following statement preprinted on
the renewal application form:
“I herewith apply for renewal of my license to
practice chiropractic. I am the applicant identified in the renewal
application. I will notify the board in writing within 30 days of any change in
the information provided in the renewal application, even after the application
has been granted and my license has been renewed. I consent to the board's use
for all purposes of the mailing and electronic addresses provided to the board
in the renewal application or thereafter.
The information provided on the renewal application
form and the documentation provided to support the renewal application are, to
the best of my knowledge and belief, true, accurate, complete and unaltered. I
acknowledge that, pursuant to RSA 641:3, I, the knowing making of a false
statement on the renewal application form is punishable as a misdemeanor, and,
should I knowingly provide the board with any false, inaccurate, incomplete or
altered information or documentation, the board has the authority to deny the
renewal application or, after a hearing, to take disciplinary action against
the renewed license issued to me.
I have read and understand RSA 316-A and the current
administrative rules of the New Hampshire Board of Chiropractic Examiners.”
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.07 Effect of the Renewal
Applicant’s Signature. The effect of
the renewal applicant’s signing the statement described in Ch 402.06 shall be
that he or she:
(a) States that he or she is applying for a
renewal of a license to practice chiropractic;
(b) Certifies that he or she is the individual
identified in the renewal application.
(c) Promises that he or she will notify the board
in writing within 30 days of any change in the information provided in the
renewal application, even after the application has been granted and the
license renewed;
(d) Consents to the board's use for all purposes
of the mailing and electronic addresses provided to the board in the renewal
application or thereafter;
(e) Certifies that the information provided on
the renewal application form and the documentation provided to support the
renewal application are, to the best of the applicant's knowledge and belief,
true, accurate, complete and unaltered;
(f) Acknowledges that, pursuant to RSA 641:3, I,
the knowing making of a false statement on the renewal application form is
punishable as a misdemeanor, and that, if he or she knowingly provides the
board with any false, inaccurate, incomplete or altered information or
documentation, the board has the authority to deny the renewal application or,
after a hearing, to take disciplinary action against the renewed license; and
(g) Certifies that he or she has read and understands
RSA 316-A and the current administrative rules of the New Hampshire Board of
Chiropractic Examiners.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.08 Required Documents. The renewal applicant shall submit:
(a) Photocopies of any current licenses,
certifications or other documents showing authorization to practice chiropractic
in any other jurisdiction, if not previously submitted to the board;
(b) Documentation of having met the continuing
education requirements of Ch 404 in the form of:
(1) One or more
transcripts issued by the school or college which sponsored the course; or
(2) One or more
certifications or vouchers of course attendance stating:
a. The name of
the renewal applicant;
b. The title of
the course;
c. The name of
the sponsor of the course;
d. The
beginning and ending hours and dates of the course;
e. The location
of the course;
f. The
continuing education hours credited by the sponsor of the course; and
g. The score or
grade given to the renewal applicant, if any; and
(c) If the renewal applicant’s disability
requires the applicant to fulfill the continuing education requirement entirely
by electronic participation, a reasonable accommodation request in the form of
a statement describing the disability and how the disability prevents the
renewal applicant from fulfilling any of the continuing education requirement
through attendance at courses in the presence of the instructor; and
(d) If the renewal applicant has been certified
or re-certified in a specialty since the applicant's last renewal of licensure,
a copy of the front and back of the certificate.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.09 Denial of Application for
Licensure Renewal.
(a) An application for renewal of licensure shall
be denied when a partial or complete application packet is received in the
board's office after the next-to-last working day of June of the renewal year.
(b) An application for renewal of licensure shall
be denied if, upon investigation, there is clear evidence that:
(1) The
continuing education requirements have not been met;
(2) Information
on the renewal application or its associated documents is false, inaccurate or
misleading; or
(3) The renewal
applicant cannot be relied upon to practice competently and safely because of:
a. Physical or
mental disability or other condition or disability;
b. Use of
alcohol or controlled or non-controlled drugs;
c. Reasons
revealed in the course of disciplinary action taken against the applicant by a
licensing body or a professional society or association;
d. Reasons
revealed by conviction of a felony or misdemeanor; or
e. Misconduct
done during any preceding period of licensure in any jurisdiction.
(c) The board shall make any investigations
required to determine whether there are reasons for denial of the application
for licensure renewal.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
PART Ch 403 REINSTATEMENT OF LICENSES
Ch
403.01 Licenses Subject to
Reinstatement; Board Procedure Related to Reinstatement of Licensure.
(a) The following licenses shall be subject to
reinstatement by the board:
(1) Licenses not renewed pursuant to Ch
402.09(b)(1);
(2) Licenses suspended for disciplinary reasons
as part of a settlement agreement or as part of an order of the board; and
(3) Licenses expired pursuant to Ch 402.02(b).
(b) The reinstatement of licenses suspended
pursuant to Ch 402.09(b)(1) shall require;
(1) Compliance with application procedure set
forth in Ch 403.05; and
(2) Meet the appropriate eligibility requirements
as set forth in Ch 403.02, Ch 403.03, or Ch 403.04.
(c) The reinstatement of licenses suspended for
disciplinary reasons shall be reinstated in accordance with the terms of the
settlement agreement or the disciplinary order of the board, as applicable.
(d) The reinstatement of licenses lapsed pursuant
to Ch 402.02(b) shall require:
(1) Compliance with application procedure set
forth in Ch 403.05; and
(2) Meet the appropriate eligibility requirements
as set forth in Ch 403.02, Ch 403.03, or Ch 403.04.
Source. #13327, eff 1-21-22
Ch
403.02 Full Reinstatement of Licenses
Lapsed for No More Than 70 Days. The
board shall fully reinstate licenses lapsed for no more than 70 days if the
applicants for reinstatement submit to the board within that 70 days:
(a) A completed, dated, signed, and notarized
reinstatement application form pursuant
to Ch 403.05;
(b) Proof in accordance with Ch 404 and Ch 405 of
having completed 20 hours of continuing education in the immediately preceding
2 years;
(c) Payment of the reinstatement fee of $155.00
as set forth by the executive director of the office of professional licensure and
certification;
(d) A written statement that the reinstatement
applicant has not provided chiropractic services on a volunteer or paid basis
since the date that his or her license ceased to be valid; and
(e) Submission
of transcripts pursuant to Ch 305.03(d), if not previously provided.
(f) A
copy of a valid driver’s license or official government issued identification
card bearing a photograph of the applicant.
Source. #13327, eff 1-21-22
Ch
403.03 Full Reinstatement of Licenses
Lapsed for More Than 70 days But Less Than 3 Years. The board shall fully reinstate licenses
lapsed for more than 70 days when the applicant has been active in the
profession as described in Ch 305.01(b) and
the following shall apply:
(a) The reinstatement applicant has not violated RSA 316-A;
(b) The reinstatement applicant has not demonstrated poor moral
character as evidenced by:
(1) The answers to the “yes-no” questions on the
reinstatement application form;
(2) Any documents giving a detailed report of the
relevant circumstances related to answers in the affirmative on the application
form; and
(4) Any verifications received by the board in
compliance with Ch 403.06(c);
(c) The reinstatement applicant shall have paid the reinstatement fee of
$155.00 as set forth by the executive director of the office of professional
licensure and certification; and
(d) The reinstatement applicants have submitted:
(1) A completed, dated, signed, and notarized
reinstatement application form pursuant
to Ch 403.05;
(2) The supporting material described in Ch
403.06.
Source. #13327, eff 1-21-22
Ch
403.04 Full Reinstatement of Licenses
Lapsed for 3 Years or More. The
board shall fully reinstate licenses lapsed for more than 3 years when the
applicant has not been active in the profession as described in Ch 305.01(b) and
the following shall apply.
(a) The reinstatement applicant has not violated RSA 316-A;
(b) The reinstatement applicant has not demonstrated poor moral
character as evidenced by:
(1) The answers to the “yes-no” questions on the
reinstatement application form;
(2) Any documents giving a detailed reports of
the relevant circumstances related to answers in the affirmative on the
application form; and
(4) Any verifications received by the board in
compliance with Ch 403.06(c);
(c) The reinstatement applicant has paid the reinstatement fee of
$155.00 as set forth by the executive director of the office of professional
licensure and certification;
(d) The reinstatement applicant has submitted:
(1) A completed, dated, signed, and notarized
reinstatement application form pursuant
to Ch 403.05; and
(2) The supporting material described in Ch
403.06; and
(e) The
reinstatement applicant has taken and passed the National Board of Chiropractic
Examiners (NBCE) special
purposes examination for chiropractic professionals.
Source. #13327, eff 1-21-22
Ch
403.05 Reinstatement Application Form.
(a) The “Application for Reinstatement of
Licensure” form, effective April 29, 2021 shall:
(1) Be supplied by the board; and
(2) Contain the following preprinted statement:
“I herewith apply for
a license to practice chiropractic in accordance with RSA 316-A and the rules
of the New Hampshire Board of Chiropractic Examiners. I am the applicant identified in the
application. I will notify the board in
writing within 30 days of any change in the information provided in the
application, even after the application has been granted and a license issued. I consent to the board's use for all purposes
of the mailing and electronic addresses provided to the board in the
application or thereafter. The
information provided on the application form and the documentation provided to
support the application are, to the best of my knowledge and belief, true, accurate,
complete and unaltered. I acknowledge
that, pursuant to RSA 641:3, I, the knowing making of a false statement on the
application form is punishable as a misdemeanor, and, should I knowingly
provide the board with any false, inaccurate, incomplete or altered information
or documentation, the board has the authority to deny the application or, after
a hearing, to take disciplinary action against any license issued to me.”
(b) The effect of the reinstatement applicant’s
notarized signature on the application form shall be:
(1) The applicant’s acknowledgement that
knowingly making a false statement on the application form is a misdemeanor
under RSA 641:2, I;
(2) The applicant’s certification that:
a. The information provided on all of the parts
of the application form and in the documents personally submitted to support
the application is complete and accurate to the best of the applicant’s
knowledge and belief; and
b. The applicant has read the statutes and
administrative rules of the board; and
(3) The applicant’s promise to abide by the
statutes and administrative rules of the board.
Source. #13327, eff 1-21-22
Ch
403.06 Supporting Materials. The material supporting the reinstatement
application shall be:
(a) A detailed report of the relevant
circumstances of any affirmative
responses to “yes-no” questions on the reinstatement application;
(b) A written statement that the reinstatement
applicant has not engaged as a chiropractor in New Hampshire on a volunteer or
paid basis since the date that his or her license ceased to be valid;
(c) An official letter of verification received
directly to the board from every state which has issued the applicant a license
or other authorization to practice as a chiropractor since the lapse of the New
Hampshire license, stating:
(1) Whether the license or other authorization is
or was, during its period of validity, in good standing; and
(2) Whether any disciplinary action was taken
against the license or other authorization to practice; and
(d) Transcripts as described in Ch 302.07(b), if
not previously provided.
Source. #13327, eff 1-21-22
Ch
403.07 Board Procedures for
Processing Reinstatement Applications.
(a) If the board, after receiving and reviewing
an application for license reinstatement, requires further information or
documents to determine the reinstatement applicant’s qualification, the board
shall:
(1) Notify
the applicant in writing within 30 days; and
(2) Specify the information or documents it
requires.
(b) The board shall issue written approval or
denial of the application for license reinstatement within 60 days of the date
that the application and supporting documents are submitted and complete.
(c) The reinstatement fee of $155.00 as set forth
by the executive director of the office of professional licensure and
certification shall be non-refundable.
(d) If the board denies an application for
license reinstatement, the board shall include in its notice of denial the
information stated in (e) below.
(e) An applicant wishing to challenge the board’s
denial of an application for license reinstatement shall:
(1) Make a written request for a hearing of the
applicant’s challenge; and
(2) Submit this request to the board:
a. Within 60 days of the board’s notification of
denial; or
b. If the applicant is on active military duty outside
the United States, within 60 days of the applicant’s return to the United
States or release from duty, whichever occurs later.
Source. #13327, eff 1-21-22
PART Ch 404 MISCONDUCT AND SANCTIONS
Ch 404.01 Misconduct. Misconduct shall be:
(a) The practice of fraud or deceit in procuring
or attempting to procure a license to practice chiropractic;
(b) Conviction of a felony or misdemeanor that
indicates the licensee cannot be relied upon to practice competently, safely,
and honestly;
(c) Any unprofessional conduct negatively
affecting the practice of chiropractic, including but not limited to:
(1) Disrespect
for the patient as further described in Ch 403.02;
(2) Sexual
conduct as further described in Ch 403.03;
(3)
Professional dishonesty as further described in Ch 403.04;
(4) The failure
to comply with the ongoing requirements of Ch 406; and
(5) The failure
to report to the board that an individual is practicing chiropractic without a
license when the licensee is reasonably certain that this is true;
(d) Negligent or willful acts performed in a
manner inconsistent with the health or safety of persons under the care of the
licensee;
(e) Addiction to the use of alcohol or other
habit-forming drugs to a degree which renders the licensee unfit to practice
chiropractic;
(f) Mental or physical incompetence to practice
chiropractic;
(g) Willful or repeated violation of the
provisions of RSA 316-A or the board's administrative rules; and
(h) Disciplinary suspension without reinstatement
or revocation of a license to practice chiropractic in another jurisdiction.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.01) (see Revision Note at chapter heading for Ch 400)
Ch 404.02 Disrespect
to a Patient as Unprofessional Conduct.
The following shall constitute unprofessional conduct negatively
affecting the practice of chiropractic:
(a) Revealing a patient's personal or health
information without either the consent of the patient or a court order requiring
the disclosure;
(b) Knowingly exaggerating or minimizing the
patient's condition or prospects for recovery;
(c) Failing to give the patient adequate information
about proposed and present treatment;
(d) Failing to protect the patient's bodily
privacy to the extent consistent with effective diagnosis and treatment;
(e) Terminating a patient's treatment without
making a referral to another practitioner when doing so could jeopardize the
patient's health or welfare;
(f) Failing upon request by a patient to refer
the patient to another practitioner;
(g) Failure to take the utmost care during
diagnostic imaging and to minimize a patient's exposure to radiation; and
(h) Failure to provide complete and accurate
patient records within 10 business days of receipt of the patient's request to
the patient or to any person or entity designated by the patient to receive
them.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.02) (see Revision Note at chapter heading for Ch 400)
Ch 404.03 Sexual Conduct as Unprofessional Conduct.
(a) Unless the licensee and the patient entered
into a sexual relationship, spousal relationship or a domestic partnership
before their relationship became that of chiropractor and patient, the
following acts shall constitute unprofessional conduct negatively affecting the
practice of chiropractic:
(1) Sexual
relations between a licensee and the licensee's patient, even if:
a. The sexual
relations were initiated by the patient; or
b. The patient
consented to the sexual relations;
(2) Engaging in
behavior which might reasonably be interpreted by a patient to be sexual; and
(3) Engaging in
verbal behavior which might reasonably be interpreted by a patient as sexual,
seductive, or sexually demeaning.
(b) For
the purpose of applying the rules in (a) above, the chiropractor-patient
relationship shall continue for 6 months after chiropractic treatment has
ended.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.03) (see Revision Note at chapter heading for Ch 400)
Ch 404.04 Professional
Dishonesty as Unprofessional Conduct.
Unprofessional conduct negatively affecting the practice of chiropractic
shall include but not be limited to:
(a) Proposing to a potential patient, or actually
performing, treatment which is not necessary in light of the licensee's
examination of the patient and the resulting findings;
(b) Implementing, or assisting in preparing or
verifying, a report supporting a false or exaggerated claim of physical
disability or a report concealing a physical disability;
(c) Presenting a bill for payment which is not:
(1) Itemized;
and
(2) Clear and
understandable; and
(d) Charging for services not rendered.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.04) (see Revision Note at chapter heading for Ch 400)
Ch 404.05 Sanctions.
(a) Pursuant to RSA 316-A:22, III disciplinary
measures available to the board to sanction misconduct shall be:
(1) License
revocation;
(2) A
reprimand;
(3) Suspension,
limitation or restriction of the license to practice for a period of up to 5
years;
(4) The
requirement that the licensee engage in continuing education to remediate the
deficiency which caused the licensee's misconduct; and
(5) The
imposition of a civil fine not to exceed:
a. $1,000 for
each instance of misconduct; and
b. In the case
of continuing misconduct, $100 per day as long as the misconduct continues.
(b) An individual whose license has been revoked
shall not be re-licensed to practice chiropractic in New Hampshire.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.05) (see Revision Note at chapter heading for Ch 400)
Ch 404.06 Procedure for Imposition of Sanctions. Other than immediate license suspension
authorized by RSA 541-A:30, III and Ch 208.02(a), the board shall impose
disciplinary sanctions only:
(a) After prior notice to the licensee in
accordance with Ch 208.01(a) and opportunity for the licensee to be heard; or
(b) Pursuant to an agreed upon settlement between
the board and the licensee expressed in a written order of the board.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.06) (see Revision Note at chapter heading for Ch 400)
Ch 404.07 Determinations Required for Sanctions.
(a) In determining which sanction or combination
of sanctions to impose, the board shall:
(1) First
determine the nature of the act or omission constituting the misconduct done by
the licensee;
(2) Next
determine whether the misconduct has one or more of the characteristics listed
in (b) below; and
(3) Finally, apply
the standards in (c) below.
(b) The characteristics shall be:
(1) The
misconduct actually caused physical or mental harm to the patient or another
person;
(2) The
misconduct had the potential to cause physical or mental harm to the patient or
another person;
(3) The
misconduct repeated earlier misconduct done by the licensee, as determined by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on the same misconduct by the licensee; or
c. An admission
by the licensee;
(4) The
misconduct was not the first misconduct by the licensee, as determined by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on misconduct by the licensee; or
c. An admission
by the licensee;
(5) The
misconduct was intentional rather than the result of negligence or
inadvertence; and
(6) The same
kind of misconduct was the subject of an official warning previously issued
pursuant to Ch 403.08.
(c) The board shall select appropriate
sanction(s):
(1) From the
list in Ch 403.05(a); and
(2) By choosing,
in light of the characteristics determined pursuant to (b) above, the sanction
most likely to:
a. Protect
public health and safety;
b. Prevent
future misconduct by the licensee;
c. Take into
account any acknowledgement of fault by the licensee and any cooperation by the
licensee with the board's investigation of misconduct;
d. Correct any
attitudinal, educational, or other deficiencies which led to the licensee's
misconduct;
e. Encourage
the responsible practice of chiropractic; and
f. Demonstrate
to the licensee and the public the board's intention to insure that its
licensees practice in accordance with applicable law and the public welfare.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.07) (see Revision Note at chapter heading for Ch 400)
Ch 404.08 Official Warning. Pursuant to RSA 316-A:3, XIII the board shall
issue a non-public official warning in the form of a letter of concern to a
licensee if it determines through investigation that the licensee has engaged
in a violation of Ch 406.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.08) (see Revision Note at chapter heading for Ch 400)
Ch
405.01 Continuing Education Hours and
Courses.
(a) Applicants for renewal of their license to
practice chiropractic, unless issued an initial license within the 12 months
preceding its expiration date, shall obtain at least 20 hours of continuing
education biennially in accordance with (b) below.
(b) Continuing education courses shall be:
(1)
Selected from the list in (c) below; and
(2)
Taken as specified in (d) and (e) below.
(c) Continuing education courses shall be
selected from the following list:
(1)
Courses which are approved or conducted by:
a. The
International Chiropractors Association;
b. The
American Chiropractic Association;
c. Any
state-chartered chiropractic school or college; or
d. Providers
of Approved Continuing Education (PACE);
(2)
Courses on the topics set forth in Ch 405.04 (h) and sponsored by a
school or college accredited by CCE or any other national or regional
accrediting agency approved by the United States Department of Education;
(3)
Emergency and first aid courses sponsored by the American Red Cross or
the American Heart Association, provided that no more than 4 hours shall be
credited; and
(4)
Courses which have been pre-approved by the board pursuant to Ch 405.
(d) Continuing education courses shall be taken
as follows:
(1)
By attendance at the course in the presence of the instructor; or
(2)
By electronic participation.
(e) To be eligible for continuing education
credit, electronic course participation shall include receipt of a score or
grade of 80% or higher.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; ss by #13042, eff 5-9-20;
amd by #13097, eff 9-4-20; renumbered by #13327 (formerly
Ch 404.01) (see Revision Note at chapter heading for Ch 400); ss by #13430, eff
8-9-22; ss by #13844, eff 2-23-24
PART Ch 406
PRE-APPROVAL OF COURSES
Ch 406.01 Procedure for Obtaining Pre-Approval of
Continuing Education Courses.
(a) Requests for the board’s pre-approval of
courses for continuing education status shall be made by any sponsoring
organization, school, college or individual at least 60 days before the
beginning of the course for which pre-approval is sought.
(b) Pre-approval of courses for continuing education
status shall remain valid for 2 calendar years beginning on January 1 of the
first year for which they are approved unless the pre-approval is earlier
revoked pursuant to Ch 405.03.
(c) Those wishing to have the board pre-approve
courses for continuing education status shall:
(1) Complete and
submit the board-provided “Continuing Education Application” form, effective
September 2017 and described in (d) below; and
(2) Submit as
supporting documents:
a. The
curriculum vitae of the course instructor(s); and
b. Any lecture
notes or other material to be distributed to the students taking the course.
(d) The information to be provided on the
application form shall be:
(1) The name of
the course sponsor;
(2) The title
of the course;
(3) A
description of the subject matter and topics of the course;
(4) The
beginning and ending hours and dates of the course;
(5) The
location of the course;
(6) The name of
the instructor(s);
(7) A list of the
textbooks, materials and equipment to be used by the instructor(s) or the
students; and
(8) A list of
products, merchandise or equipment promoted by, or sold through, the course by
the instructor(s) or the course sponsor.
(e) The application form shall be signed and dated
by the course sponsor or an agent of the course sponsor directly beneath a
preprinted statement that gives permission for a representative of the board to
audit the course at no charge.
(f) The effect of the signature called for by (e)
above shall be:
(1) To assert
that the information on the application form and in the curriculum vitae of the
instructor(s) is complete and accurate to the best of the signer’s knowledge
and belief; and
(2) To promise
that a representative of the board will be permitted to audit at no charge the
course for which pre-approval is sought.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by
#13327 (formerly Ch 405.01) (see Revision Note at chapter heading for Ch 400)
Ch 406.02 Notification of Course Pre-Approval.
(a)
Upon pre-approving a continuing education course the board shall issue to the
sponsoring organization, school, college or individual a course approval notice containing:
(1) A course
number assigned by the board;
(2) The title of
the course;
(3) The
beginning and ending hours and dates of the course; and
(4) The number
of continuing education hours to be credited by the board.
(b) The board shall:
(1) Keep a list
of currently pre-approved courses; and
(2) Provide the
list to licensees upon request.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 405.02) (see Revision Note at chapter heading for Ch 400)
Ch 406.03 Denial of Course Pre-Approval and
Revocation of Course Pre-Approval After Notice and Opportunity for a Hearing.
(a) An application for pre-approval of a course
for continuing education status shall be denied if the application form or
supporting documents show that the course does not meet the requirements of Ch
405.04.
(b) Course pre-approval already granted by the
board shall be revoked if the board’s audit of the course or other evidence
shows that:
(1) The
application form for pre-approval or the related supporting documents do not
describe the course with substantial accuracy; or
(2) The course
does not meet the requirements of Ch 405.04.
(c) Before acting to deny pursuant to (a) above
or revoke pursuant to (b) above, the board shall:
(1) Give
written notice to the course sponsor of its intention to deny or revoke, stating
the reasons for that intention; and
(2) Provide the
course sponsor with the opportunity to challenge the intended action through a
hearing in accordance with the applicable rules of Ch 200.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 405.03) (see Revision Note at chapter heading for Ch 400)
Ch 406.04 Standards for Board Pre-Approval of
Courses. To be pre-approved for
continuing education status courses shall:
(a) Contribute to the growth of the professional knowledge
and competence in the practice of chiropractic;
(b) Feature subjects and topics, instructors,
textbooks and equipment that reflect a current level of chiropractic education
and research;
(c) Include procedures for checking attendance at
each session;
(d) Assign no more than 10 hours of credit for a
full day session;
(e) Not be courses in general business skills or
practices;
(f) Not be vehicles for the marketing of
products, merchandise or equipment;
(g) Provide those completing the course with:
(1) A transcript;
or
(2) A
certificate or voucher of course attendance stating:
a. The name of
the person taking the course;
b. The title of
the course;
c. The name of
the sponsor of the course;
d. The
beginning and ending hours and dates of the course;
e. The location
of the course;
f. The continuing
education hours credited; and
g. The score or
grade given to the person taking the course, if any; and
(h) Consist primarily, but not necessarily
exclusively, of instruction in one or more of the following subjects
(1)
Chiropractic adjusting technique;
(2) Chiropractic
philosophy;
(3) Analysis of
vertebral subluxation;
(4)
Chiropractic ethics and jurisprudence;
(5) Diagnostic
imaging;
(6) Physical
diagnosis;
(7) Clinical
laboratory diagnosis;
(8)
Orthopedics;
(9) Neurology;
(10) Emergency
and first aid procedures;
(11)
Nutritional physiology;
(12)
Physiological therapeutics and rehabilitation;
(13)
Electrodiagnostic procedures;
(14) Public health
and safety; and
(15) Risk
management and record keeping.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 405.04) (see Revision Note at chapter heading for Ch 400)
PART Ch 407
ONGOING REQUIREMENTS
Ch 407.01 Obligation to Keep Board Records Current. A licensee shall notify the board within 30
days of any changes in the licensee’s:
(a) Full name;
(b) Physical address;
(c) Mailing address;
(d) Telephone number;
(e) E-mail address, if the licensee has one; or
(f)
National provider identifier.
Source. #8739, eff 10-11-06; ss by #9358, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.01) (see Revision Note at chapter heading for Ch 400)
Ch 407.02 Obligation to Maintain Patient Records.
(a) A licensee shall maintain patient records
including at least the following:
(1) A description
of the patient’s chief complaint or reason for initiating care;
(2) A history,
which includes any significant events:
a. Related to
the patient’s chief complaint or reason for initiating care; and
b. Occurring in
the patient's general health history;
(3) A record of
diagnostic, analytic and chiropractic procedures including:
a. Any findings
from examination and x-ray;
b. A diagnosis
or analysis;
c. A description
of the care rendered at each visit including therapeutic modalities and other
ancillary procedures;
d. Any changes
in the plan of care together with the reason for such changes; and
e. A record of
the patient’s response to chiropractic care; and
(4) The images
taken for diagnostic purposes.
(b) The patient records described in (a) above
shall be retained for 5 years following the end of treatment or the age of majority
of the patient, whichever comes later.
(c) A licensee shall develop a plan:
(1) For the disposition
of patient records after the expiration of the retention period mandated by (b)
above; and
(2) For the
management of patient records if, during the mandated retention period, the
licensee has:
a. Died;
b. Retired;
c. Become
unable to practice because of physical or mental incapacity; or
d. Lost his or
her license to practice.
(d) The
licensee shall provide the board with the name, address and telephone number of
any person or entity identified by the plan required by (c)(2) above as future
custodian of the patient records.
Source. #8739, eff 10-11-06; ss by #9358, eff
1-10-09, EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.02) (see Revision Note at chapter heading for Ch 400)
Ch 407.03 Obligation to Post Documents At Place of
Practice. A licensee shall:
(a) Post in a prominent location at his or her principal
place of practice the document(s) showing current licensure; and
(b) Make available to the public a notice reading
“Complaints concerning doctors of chiropractic shall be sent to the NH Board of
Chiropractic Examiners, Office of Professional Licensure & Certification,
121 S. Fruit Street, Concord, NH 03301".
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.03) (see Revision Note at chapter heading for Ch 400)
Ch 407.04 Obligation
to Advertise Truthfully and Clearly.
(a) If a licensee chooses to advertise his or her
chiropractic services, he or she shall do so in written, spoken or recorded
messages which are:
(1) Complete and
truthful;
(2) Not
intended or having the effect to defraud or deceive the reader or listener;
(3) Not
intended or having the effect to mislead or confuse the reader or listener; and
(4) Without
ambiguity and stated in clear and simple language that a lay person with
reasonable ability to comprehend when reading or listening would be able to
understand without assistance.
(b) Messages deemed by the board to violate (a)
above shall include but not be limited to, messages:
(1) Intended or
likely to create a false expectation of the favorable results from chiropractic
treatment;
(2) Intended or
likely to create a false expectation of the cost of treatment or the amount of
treatment to be provided; or
(3) Likely to
deceive or mislead because in context they represent only a partial disclosure
of the conditions and relevant facts of the extent of treatment the licensee
expects to provide.
(c) If a
licensee in his or her advertising makes a claim based on one or more research
studies, the licensee shall clearly identify the relevant research study or
studies and make copies of such research studies available to the board upon
request.
(d) The effect
of (a) through (c) above shall be to impose the obligations therein upon the
licensee even if the advertising is done on behalf of the licensee by the
licensee's employee or a student being mentored by the licensee.
Source. #8739, eff 10-11-06; ss by #9451, eff 4-7-09,
EXPIRED: 4-7-17
New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.04) (see Revision Note at chapter heading for Ch 400)
Ch 407.05 Prohibited
Advertising.
(a) A licensee shall not advertise his or her
services as providing a cure for any condition or use the word "cure"
to imply that the licensee's services provide a cure for any condition.
(b) A licensee shall not guarantee the results of
chiropractic services, or use the word "guarantee" to imply that the
licensee guarantees the results of his or her services.
(c) A licensee shall not advertise himself or
herself as having special expertise unless the licensee:
(1) Holds a
specialty certification from a certifying body;
(2) Identifies
the specialty certification and the certifying body in the advertisement; and
(3) Provides
the board with a copy of the specialty certification.
(d) The effect
of (a) through (c) above shall be to impose the prohibitions therein upon the
licensee even if the advertising is done on behalf of the licensee by the licensee's
employee or a student being mentored by the licensee.
Source. #8739, eff 10-11-06; ss by #9451, eff 4-7-09,
EXPIRED: 4-7-17
New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.05) (see Revision Note at chapter heading for Ch 400)
Ch 407.06 Advertising the Cost of Services.
(a) A licensee shall not engage in bait and
switch advertising.
(b) A licensee shall not advertise any service as
“free” unless the advertisement clearly and specifically states:
(1) All the
component services which will or might be performed at the time of, or as part
of, the service;
(2) As to each
such component service, whether that service will be free or, if not, the exact
amount which will be charged for it; and
(3) The
expiration date of the offer of free service.
(c) The effect of (a) and (b) above shall be to
impose the prohibitions therein upon the licensee even if the advertising is
done on behalf of the licensee by the licensee's employee or a student being
mentored by the licensee.
Source. #8739, eff 10-11-06; ss by #9451, eff 4-7-09,
EXPIRED: 4-7-17
New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.06) (see Revision Note at chapter heading for Ch 400)
Ch 407.07 Obligation to Include Name and Professional
Title on Advertising. A licensee
shall place on business signs, business letterhead, business cards and business
advertising:
(a) Pursuant to RSA 316-A:25, I, the following
designation: "Doctor", the name of the licensee, “chiropractor”;
(b) His or her name followed by the title “doctor
of chiropractic”;
(c) His or her name followed by the designation
“DC”; or
(d) His or her name followed by the title
"chiropractor".
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.07) (see Revision Note at chapter heading for Ch 400)
Ch 407.08 Obligation to Report Certain Complaints to
the Board. A licensee shall report
to the board a complaint made against the licensee in any court or in any
professional or business organization of which the licensee is a member:
(a) As soon as the licensee becomes aware of the
complaint; and
(b) In answering the question in Ch 402.05(p), on
the licensee's license-renewal application form.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.08) (see Revision Note at chapter heading for Ch 400)
Ch 407.09 Preparatory and Complementary Procedures. A licensee shall not use preparatory and complementary
procedures unless the licensee learned such procedures at an accredited
chiropractic college or through a program of continuing education sponsored by
an accredited chiropractic college.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New.
#12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.09) (see Revision Note at chapter heading for Ch 400)
PART Ch 408 THE
BOARD'S OBLIGATION TO REPORT FINAL DISCIPLINARY ACTIONS
Ch 408.01 The
Board’s Obligation to Inform the Public of Final Disciplinary Actions. The board shall report final disciplinary
actions:
(a) On its website, if any;
(b) Upon inquiry to the office of the board; and
(c) To the HIPD through the FCLB.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New.
#12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 407.01) (see Revision Note at chapter heading for Ch 400)
PART Ch 409
INACTIVE LIST
Ch 409.01 Placement on the Inactive List.
(a) Pursuant to the provisions of RSA 316-A:21
the board shall maintain an inactive list and
place on the list a licensed chiropractor who:
(1) Does not intend
to engage in practice as a chiropractor in New Hampshire; and
(2) Makes a written request to the board to be placed
on the list.
(b) An individual on the inactive list shall not
be required to renew his or her license or pay a renewal fee as long he or she
remains inactive by not practicing chiropractic.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 408.01) (see Revision Note at chapter heading for Ch 400)
Ch 409.02 Restoration to Active Status.
(a) An individual wishing to be restored to
active status shall:
(1) Present no
basis for licensure denial pursuant to Ch 402.09(b);
(2) If inactive
for 3 years or fewer, have met during the period of inactivity the continuing
education requirements of Ch 404.01; and
(3) If inactive
for more than 3 years:
a. Take and
pass the NBCE special purposes examination for chiropractic; or
b. Meet the
eligibility requirements for licensure by endorsement which are set forth in Ch
305.01(a) through (e).
(b) An inactive individual shall be restored to
active status for the current licensing biennium if he or she:
(1) Meets the
eligibility requirements in (a) above;
(2) Pays the
renewal fee for the current biennium;
(3) Submits a
completed “Application for a License to Practice Chiropractic”, effective
September 2017 and provided by the board requiring the information specified in
Ch 302.04 and a signature to the statement described in Ch 302.05; and
(4) Submits the
supporting materials called for by (c) below.
(c) The supporting materials to be submitted for
restoration to active status shall be:
(1) A recent photograph
of the individual wishing to be restored to active status;
(2) Photocopies
of all licenses, certifications or other documents showing authorization to practice,
which are currently effective or were effective during the period that the
individual has been inactive;
(3) If the
individual wishing to be restored to active status has been inactive for 3 years
or fewer, the documents listed in Ch 402.08(b); and
(4) If the
individual wishing to be restored to active status has been inactive for more
than 3 years and has taken the NBCE special purposes examination for
chiropractic, the scores on that examination sent directly from NBCE.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 408.02) (see Revision Note at chapter heading for Ch 400)
APPENDIX
RULE NUMBER |
STATUTE IMPLEMENTED |
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Ch 101.01(a) |
RSA 316-A:3,
I-VII and RSA 316-A:20 |
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Ch 101.01(b) |
RSA 316-A:22, I
and III |
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Ch 101.01(c) |
RSA 316-A:22, II
and RSA 316-A:3, VIII, XII, XIII and XVIII |
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Ch 102 |
RSA 541-A:7 |
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Ch 103.01 |
RSA 316-A:2 |
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Ch 103.02 |
RSA 541-A:16,
I(a) |
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Ch 103.03 and Ch
103.04 |
RSA 541-A:16,
I(a) |
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Ch 103.05 |
RSA 316-A:7 |
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Ch 103.06 and Ch
103.07 |
RSA 91-A:16,
I(a) |
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Ch 104.01 |
RSA 541-A:16,
I(a) |
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Ch 104.02 |
RSA 541-A:16,
I(a) and RSA 91-A:4 |
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Ch 201.01 |
RSA 541-A:7 |
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Ch 202.01 |
RSA 541-A:7 |
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Ch 202.02 |
RSA 541-A:30-a, III(j) |
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Ch 203 |
RSA 541-A:30-a, III(b) |
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Ch 204 |
RSA 541-A:30-a, III(f) |
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Ch 205 |
RSA 541-A:30-a, III(a); RSA 541-A:30-a, I |
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Ch 206 |
RSA 541-A:30-a, I |
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Ch 207.01 |
RSA 541-A:30-a, I |
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Ch 207.02 |
RSA 541-A:30-a, III(k) |
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Ch 208.01(a)(b) and (c) |
RSA 541-A:30-a, I |
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Ch 208.01(d) |
RSA 541-A:31, III; RSA 541-A:30-a, I |
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Ch 208.02 |
RSA 541-A:30, III |
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Ch 208.03 and Ch 208.04 |
RSA 541-A:30-a, I |
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Ch 208.05 and Ch 208.06 |
RSA 541-A:30-a, III(g); RSA 541-A:30-a, I; RSA
541-A:32 |
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Ch 208.07 |
RSA 541-A:30-a, I; RSA 541-A:31, V(b) and (c) |
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Ch 208.08 and Ch 208.09 |
RSA 541-A:30-a, III(c) |
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Ch 208.10 and Ch 208.11 |
RSA 541-A:30-a, I |
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Ch 208.12(a) through (h) |
RSA 541-A:30-a, I |
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Ch 208.12(i) |
RSA 541-A:30-a, III(g) |
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Ch 208.12(j) and (k) |
RSA 541-A:30-a, I |
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Ch 208.13 |
RSA 541-A:30-a, III(d) and (e) |
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Ch 208.14(a) |
RSA 541-A:31, VII |
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Ch 208.14(b) |
RSA 541-A:31, VII-a |
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Ch 208.14(c), (d), (e), (f) and (g) |
RSA 541-A:31, VII |
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Ch 209.01 |
RSA 541-A:30-a, III(h) |
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Ch 209.02 |
RSA 541-A:30-a, I |
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Ch 210.01 and Ch 210.02(a) -(d) |
RSA 541-A:30-a, I |
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Ch 210.01 (e) |
RSA 541-A:30-a, III(l) |
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Ch 210.03 |
RSA 541-A:30-a, I |
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Ch 210.04 |
RSA 541-A:30-a, III(i);
RSA 541-A:30-a, I |
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Ch 210.05 |
RSA 541-A:30-a, I |
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Ch 211 |
RSA 316-A:23-a, I |
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Ch 212 |
RSA 541-A:16, I(c) |
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Ch 213 |
RSA 541-A:16, I(d) |
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Ch 214 |
RSA 541-A:16, I(b)(3) |
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Ch 215 |
RSA 541-A:11, VII |
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Ch 301.01 |
RSA 541-A:7 |
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Ch 302.01-302.02 |
RSA 541-A:16, I(b) |
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Ch 302.03(a), (b), (d) and
(e) |
RSA 541-A:16, I(b) |
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Ch 302.03(c) |
RSA 541-A:29, I |
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Ch 302.04 |
RSA 541-A:16, I(b) |
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Ch 302.05-302.07 |
RSA 541-A:16, I(b) |
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Ch 302.08 |
RSA 316-A:3, VI and VII |
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Ch 302.09(a) |
RSA 541-A:29, II |
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Ch 302.09(b) |
RSA 541-A:16, I(b) |
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Ch 303.01 |
RSA 541-A:16, I(b) |
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Ch 303.02 |
RSA 316-A:11, II and RSA
316-A:12 |
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Ch 303.03 |
RSA 316-A:3, VII |
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Ch 304.01(a) |
RSA 316-A:17 |
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Ch 304.01(b)-(d) |
RSA 316-A:3, III |
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Ch 304.02 |
RSA 541-A:16, I(b) |
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Ch 305.01 |
RSA 316-A:18 |
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Ch 305.02 |
RSA 316-A:3, VII |
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Ch 305.03 |
RSA 541-A:16, I(b) |
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Ch 305.04 |
RSA 541-A:29, II |
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Ch 306.01 |
RSA 316-A:5; RSA 316-A:3,
XVII |
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Ch 401 |
RSA 541-A:7 |
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Ch 402.01(a) |
RSA 541-A:16, I(b) intro. |
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Ch 402.01(b)-(c) |
RSA 316-A:20 |
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Ch 402.01(d) |
RSA 541-A:16, I(b) intro. |
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Ch 402.02(a) |
RSA 316-A:19 |
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Ch 402.02(b) |
RSA 316-A:25, II |
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Ch 402.03 and 402.04 |
RSA 541-A:16, I(b) intro. |
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Ch 402.05 |
RSA 316-A:20; RSA 541-A:16,
I(b) intro. |
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Ch 402.06 and 402.07 |
RSA 541-A:16, I(b) intro. |
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Ch 402.08(a) |
RSA 541-A:16, I(b) intro. |
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Ch 402.08(b) |
RSA 316-A:3, XV; |
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Ch 402.08 (c) and (d) |
RSA 541-A:16, I(b) intro. |
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Ch 402.09(a) |
RSA 541-A:16, I(b) intro. |
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Ch 402.09(b) intro, (b)(1) |
RSA 316-A:3, XV |
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Ch 402.09(b)(2) and (b)(3) |
RSA 316-A:3, VII |
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Ch 402.09(c) |
RSA 316-A:23-a, I |
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Ch 403 |
RSA 316-A:3, I and XIV |
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Ch 404.01 |
RSA 316-A:20; RSA 316-A:3,
XIV; RSA 541-A:16, I(b) intro. |
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Ch 405 |
RSA 316-A:3, XV |
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Ch 405.01 |
RSA 316-A:20; RSA 316-A:3,
XIV; RSA 541-A:16, I(b) intro. |
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Ch 406.01 |
RSA 541-A:16, I(b) intro. |
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Ch 406.02 |
RSA 541-A:16, I(b) intro. |
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Ch 406.03(a) |
RSA 316-A:3, XVIII |
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Ch 406.03(b) |
RSA 316-A:3, VIII |
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Ch 406.04-Ch 406.06 |
RSA 541-A:16, I(b); RSA 316-A:3,
XVIII |
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Ch 406.07 |
RSA 316-A:3, XVIII |
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Ch 406.08 |
RSA 316-A:3, IX |
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Ch 406.09 |
RSA 316-A:1; RSA 316-A:22,
II(c) and (d) |
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Ch 407 |
RSA 316-A:3, XII |
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Ch 408 |
RSA 316-A:21; RSA 541-A:16,
I(b) intro. |
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