CHAPTER Opt 100  ORGANIZATION, DEFINITIONS AND PUBLIC INFORMATION

 

Statutory Authority:  RSA 327:31

 

REVISION NOTE:

 

          Document number #5839, effective 6-17-94, made extensive changes to the wording, format, structure, and numbering of rules in Chapters Opt 100-600.  Document #5839 supersedes all prior filings for the sections in Chapters Opt 100-600.  The prior filings affecting rules in former Chapters Opt 100-600 include the following documents:

 

#1711, eff 1-25-81

#4151, eff 10-29-86

#2290(E), eff 12-30-82

#4639, eff 6-27-89

#2291, eff 1-19-83

#5583, eff 6-12-93

#2770, eff 7-6-84

#5667, eff 7-15-93

#3108, eff 8-28-85

 

 

CHAPTER Opt 100  ORGANIZATION, DEFINITIONS AND PUBLIC INFORMATION

 

PART Opt 101  PURPOSE AND SCOPE

 

          Opt 101.01  Purpose and Scope.  The rules of this title implement the following authority and responsibilities of the Board of Optometry:

 

          (a)  Examination and licensing of optometrists;

 

          (b)  Oversight and discipline of licensees;

 

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

 

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

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7607, eff 12-5-01

 

PART Opt 102  DEFINITIONS

 

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

 

          (a)  “Administrative assistant” means the board's staff director, a person with delegated authority from the board.

 

          (b)  “Board” means the New Hampshire board of optometry created by RSA 327:2.

 

          (c)  “Licensee” means a person holding a license, certificate or registration issued by the board pursuant to any grant of statutory authority.

 

          (d)  “Out of state contact lens dispenser” means any non-pharmacy business organization physically located outside of New Hampshire that offers contact lenses for retail sale to customers inside New Hampshire.

 

          (e)  “Prescription” means the written specifications for a spectacle lens or contact lens, necessary for the manufacture of such lens.

 

          (f)  “Pharmaceutical Agent” means “pharmaceutical agent” as defined in RSA 327:1 III.

 

          (g)  “Therapeutic Pharmaceutical Agents” (“TPA”) means such agents used in the diagnosis and treatment of illnesses of the eyes.

 

          (h)  “TPA-certified” means that the licensee has obtained the necessary training and qualifications to administer Therapeutic Pharmaceutical Agents in the practice of optometry.

 

          (i)  “TPA/G-certified” means that the licensee has obtained the necessary training and qualifications to administer therapeutic pharmaceutical agents in the practice of optometry, including the treatment of glaucoma.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; amd by #6098, eff 10-1-95, all but paragraph (d) EXPIRED: 6-17-00; amd by #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7607, eff 12-5-01; amd by #7854, eff 3-12-03

 

PART Opt 103  AGENCY ORGANIZATION

 

          Opt 103.01  Composition of the Board.

 

          (a)  The board shall consist of 5 members who meet the eligibility requirements of RSA 327:2.

 

          (b)  In January of each year, the board shall elect one member to serve as president and one member to serve as secretary for the coming year.

 

          (c)  The president and secretary shall serve no more than 2 consecutive one year terms.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7325, eff 7-28-00

 

New.  #7607, eff 12-5-01

 

          Opt 103.02  Staff.  The board shall designate an administrative assistant and 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.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7607, eff 12-5-01

 

          Opt 103.03  Office Hours, Office Location, Mailing Address, Telephone, Fax and TTY/TDD.

 

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

 

Philbrook Building

121 South Fruit Street

Concord, NH 03301

 

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

 

          (c)  Correspondence shall be addressed to the board at the location stated in Opt 103.03(a).

 

          (d)  The board's telephone number shall be (603) 271-2428.

 

          (e)  The board’s fax number shall be (603) 271-6702.

 

          (f)  The board’s TTY/TTD number shall be 1-800-735-2964.

 

          (g)  The public may obtain public documents and other information available to the public under RSA 91-A by writing to the board at the location stated in Opt 103.03(a), calling the telephone number at Opt 103.03(c), by faxing the board at the number state in Opt 103.03(d), or by calling the TTY/TTD number stated in Opt 103.03(e).

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7607, eff 12-5-01

 

PART Opt 104  PUBLIC INFORMATION

 

          Opt 104.01  Record of Board Actions.  Minutes shall be kept of all board meetings and all official actions taken by the board.  These minutes shall record those members who participate in each vote and shall separately record the position of any members who choose to dissent, abstain or concur.  Board minutes shall be public records and shall be available for inspection during the board's ordinary office hours within 144 hours from the date of the meeting or the vote in question unless the 72 hour availability requirement of RSA 91-A: 3, III is applicable.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7607, eff 12-5-01

 

          Opt 104.02  Copies of Records.  Persons desiring copies of board records shall submit a request which shall identify as particularly as possible the information being sought and which agrees to pay the board's actual cost of copying such information.  If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7607, eff 12-5-01

 

PART Opt 105  MEETINGS, DELIBERATIONS AND DECISIONS

 

          Opt 105.01  Meetings.  The board shall meet 6 times a year and at such additional times as shall be called for by the president or by vote of the board.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7325, eff 7-28-00

 

          Opt 105.02  Quorum.  A quorum shall be required to hold a meeting, conduct a hearing or receive information of any kind, and final action shall be taken only by the affirmative vote of a majority of the board members eligible to participate in the matter in question.  A member of the board would not be eligible to vote on any disciplinary action where he or she had a relationship with any party to the action including one of doctor-patient, family member, colleague or friend, or had any other experience or knowledge which would cause such member to prejudge the outcome of the action under consideration.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7607, eff 12-5-01

 

          Opt 105.03  Tentative Decisions.

 

          (a)  The board shall, during a public or an executive meeting, as is appropriate under RSA 9l-A and the circumstances of the case, instruct its staff or a committee of the board to prepare documents, subject to the final review and approval of the board.  Such instructions shall be known as tentative decisions.

 

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

 

          (c)  A board member who did not participate in instructing the staff to prepare a tentative decision shall be allowed to vote on a final proposal prepared in accordance with the instructions given in the tentative decision provided that such member is eligible to vote pursuant to Opt 105.02.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7607, eff 12-5-01

 

PART Opt 106  APPOINTMENT OF COMMITTEES

 

          Opt 106.01  Committees.

 

          (a)  A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.

 

          (b)  When expressly authorized by the board, the authority of a committee shall include:

 

(1)  The retention of voluntary assistance from qualified non-board members;

 

(2)  The retention of paid advisors or consultants.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7607, eff 12-5-01


CHAPTER Opt 200  PRACTICE AND PROCEDURE

 

PART Opt 201  PURPOSE

 

          Opt 201.01  Purpose.  The board shall conduct various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against licensees.  These rules shall be construed to secure the just, efficient and accurate resolution of all board proceedings.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

PART Opt 202  DEFINITIONS

 

          Opt 202.01  Definitions.  Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter:

 

          (a)  ‘Complaint” means a written allegation of professional misconduct against a licensee of the board.

 

          (b)  “Data” means all information other than argument, including oral or written descriptions, reports, map, charts, drawings, photographs, audio or video recordings, computer programs, or computer printouts.

 

          (c)  “File” means to place a document in the actual possession of the board.

 

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

 

          (e)  “Motion” means a request by a party to a proceeding for an order relating to that proceeding.

 

          (f)  “Investigation” means a formal or informal search by the board for data concerning matters within its jurisdiction, the result of which is other than a final determination of a person's rights, duties or privileges.

 

          (g)  “Order” means a document issued by the board:

 

(1)  Establishing procedures to be followed in a hearing or investigation;

 

(2)  Granting or denying a petition or motion; or

 

(3)  Requiring a person to do, or to abstain from doing, some thing.

 

          (h)  “Petition” means a request to the board seeking an order or any other action or relief, but does not include a license application, a complaint against a licensee, or a motion.

 

          (i)  “Presiding officer” means presiding officer as defined by RSA 541-A:1,XIV, namely the individual to whom the board has delegated the authority to preside over some or all aspects of a hearing, if any.  Otherwise it shall mean the president of the board.

 

          (j)  “Rulemaking” means the statutory procedures for the formulation of a rule set forth in RSA 541-A:3.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

PART Opt 203  WAIVER OR SUSPENSION OF PROCEDURAL RULES

 

          Opt 203.01  Method of Waiver.  The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

PART Opt 204  APPEARANCE BEFORE BOARD

 

          Opt 204.01  Representatives.

 

          (a)  A party appearing before the board may be represented by his or her appointed representative.

 

          (b)  A party’s representative shall file an appearance that includes the following information:

 

(1)  His or her business address and a daytime telephone number;

 

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

 

(3)  A brief statement identifying the matter before the board and the person represented.

 

          (c)  Nothing in this section shall be construed to permit the unauthorized practice of law.

 

          (d)  The board shall, after notice and opportunity for hearing, prohibit or restrict an individual from acting as a representative upon a finding that the individual has engaged in willful misconduct relating to representation before the board which would be sanctioned by a court if committed by an attorney appearing before the court.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

PART Opt 205  TIME PERIODS

 

          Opt 205.01  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 state legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or 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.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 205.02  Change in Allowed Times.

 

          (a)  Upon motion of either party requesting the extension of any time period governing a hearing, the board shall allow the requested extension of time provided that the presiding officer determines that good cause has been demonstrated.

 

          (b)  Good cause shall include:

 

(1)  The unavailability of parties, witnesses, or attorneys necessary to the hearing;

 

(2)  The likelihood that a hearing will not be necessary because the parties have reached a settlement; or

 

(3)  Any circumstances that demonstrate that an extension or postponement would assist in resolving the case fairly.

 

          (c)  Except where a time period is fixed by statute, the board shall, enlarge or shorten the time provided for the filing of any document, or advance or postpone the time set for any oral hearing, prehearing conference, or other activity if the presiding officer determines good cause exists.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 205.03  Limitations.  A motion to change time shall not be filed within 3 business days of the event in question.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

PART Opt 206  FILING AND SERVICE OF DOCUMENTS

 

          Opt 206.01  Filing of Documents with the Board.

 

          (a)  A document shall be considered filed when it is actually received at the board's office in Concord and conforms to the requirements of this chapter.

 

          (b)  Documents filed with the board under these rules shall:

 

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

 

(2)  Be typewritten or clearly printed on durable paper 8 ½ by 11 inches in size;

 

(3)  Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

 

(4)  Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding.

 

          (c)  A document tendered for filing which fails to meet the requirements of the board's rules shall be returned to the sender and not accepted for filing.  The board shall identify the rules to which the document failed to conform.

 

          (d)  All correspondence to the board shall be addressed to the board's office in Concord in care of its administrative assistant.

 

          (e)  All documents filed shall be filed with an original and 6 copies, except that only a single copy of correspondence other than correspondence related to a matter subject to hearing, license applications and complaints against licensees shall be filed.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 206.02  Subscription and Veracity of Documents.

 

          (a)  All complaints, petitions, motions, and replies filed with the board shall be signed by the proponent of the document or, if the party appears by a representative, by the representative.

 

          (b)  License applications shall be signed only by the applicant.

 

          (c)  The signature on a document filed with the board shall constitute a certification that:

 

(1)  The signor has read the document;

 

(2)  The signor is authorized to file it;

 

(3)  To the best of the signor's knowledge, information, and belief, there are good grounds to support it; and

 

(4)  The document has not been filed for purposes of delay or harassment.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 206.03  Service of Documents.

 

          (a)  Complaints against licensees shall be filed with the board without service upon the licensee against whom the complaint has been filed.

 

          (b)  Applications, petitions for rulemaking and petitions for declaratory rulings shall be filed with the board without service upon other persons.

 

          (c)  All motions, replies, exhibits, memoranda, or other documents filed in an adjudicatory proceeding shall be served by the proponent upon all parties to the proceeding and any complainant or other interested person who has been granted intervenor status by the board using the following means:

 

(1)  Depositing a copy of the document in the United States mails, first class postage prepaid, addressed to the last address given to the board by the party being served, no later than the day the document is filed with the board; or

 

(2)  Delivering a copy of the document in hand on or before the date it is filed with the board.

 

          (d)  All notices, orders, decisions or other documents issued by the board in the course of an adjudicatory proceeding shall be served by the board upon all parties to the proceeding by either:

 

(1)  Depositing a copy of the document, first class postage prepaid, in the United States mails, addressed to the last address given to the board by the party being served; or

 

(2)  Delivering a copy of the document in hand to the party.

 

          (e)  When a party has appeared by a representative, service shall be upon the representative.

 

          (f)  Except for exhibits distributed at a prehearing conference or hearing, every document filed with the board, and required to be served upon the parties to an adjudicatory proceeding, shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service, and the persons served.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

PART Opt 207  PLEADINGS, COMPLAINTS AND MOTIONS

 

          Opt 207.01  Pleadings.

 

          (a)  The only pleadings permitted shall be petitions and replies to petitions.  Complaints against licensees are a particular type of petition and shall be governed by Opt 207.02.  Applications for licenses shall not be considered pleadings.

 

          (b)  All petitions shall contain:

 

(1)  The name and address of the petitioner;

 

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

 

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

 

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

 

(5)  A citation to any statutes, rules, orders, or other authority which entitles the petitioner to have the board act as requested.

 

          (c)  All 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 addressing each fact alleged in the petition pursuant to Opt 207.01(b)(3);

 

(4)  A statement addressing the authority identified by the petitioner pursuant to Opt 207.01(b)(5);

 

(5)  A concise statement of each and every additional or different fact which causes the respondent to request the board not to act, or to act differently from that requested by the petitioner;

 

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

 

(7)  A description of the action which the respondent wishes the board to take.

 

          (d)  Replies shall be filed within 45 days of the date of the petition.

 

          (e)  Any fact contained in the petition which is not denied in the reply, shall be deemed admitted by the respondent.  A statement that the respondent lacks sufficient knowledge to admit or deny shall be treated as a denial.  The petitioner shall be presumed to deny all allegations in the reply, and no response shall be permitted to the reply.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 207.02  Complaints of Licensee Misconduct.

 

          (a)  Any person may make a written complaint charging a person licensed by the board with misconduct under RSA 327:20 II.  The person making the complaint shall file the complaint with the board.

 

          (b)  The person making the complaint shall include the following information in the written complaint filed with the board:

 

(1)  The name and address of the complainant;

 

(2)  The name and business address of the licensee against whom the complaint is directed; and

 

(3)  The specific facts and circumstances which are believed to constitute professional misconduct.

 

          (c)  A complaint shall be treated as an ex-parte request for the initiation of disciplinary proceedings by the board.

 

          (d)  The board shall dismiss a complaint at any time for failure to specify the grounds therefor or for failure to allege misconduct as it is defined under RSA 327:20, II.

 

          (e)  At any stage of the board's evaluation of the allegations in a complaint, the board shall, with the consent of the licensee, issue a final settlement decree or consent order which imposes discipline upon the licensee and terminates further disciplinary action in whole or in part under the following conditions:

 

(1)  The board shall notify the complainant and offer the complainant the opportunity to submit written comments concerning the settlement decree or consent order; and

 

(2)  The board finds that there are no material facts in dispute between the licensee and the complainant, or, that the complainant's view of the facts, if true, would not result in the imposition of a greater disciplinary sanction against the licensee than that imposed by the proposed settlement or consent decree.

 

          (g)  Unless previously settled, a complaint which raises genuine issues of professional misconduct shall be granted by incorporating those issues into a notice of hearing which commences a disciplinary hearing pursuant to Opt 501.04.  In which case, disciplinary action against the licensee shall be taken or not taken based upon the board's evaluation of the evidence of professional misconduct submitted during the hearing.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 207.03  Motions and Objections Thereto.

 

          (a)  Unless presented during an oral session of a proceeding, all motions and replies shall be in writing.

 

          (b)  All 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)  Replies to motions shall state clearly and concisely:

 

(1)  The defense of the party filing the reply;

 

(2)  The action which the party filing the reply wishes the board to take on the motion;

 

(3)  The statutes, rules, orders, or other authority relief upon in defense of the motion; and

 

(4)  Any facts which are additional to or different from the facts stated in the motion.

 

          (d)  An objection to a motion shall specifically admit or deny each fact contained in the motion.  Failure to deny a fact contained in a motion shall constitute the admission of that fact for the purposes of the motion.  In the event a party filing a reply to a motion lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying each fact.

 

          (e)  The board shall decide motions based upon the writings submitted unless the motion is presented during an oral session of the proceeding, in which case the board shall consider the oral argument and the writings in deciding a motion.

 

          (f)  Unless the board grants a properly filed motion for extension of time, objections to motions shall be filed within l0 days after the filing of the motion.  Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 207.04  Failure to Comply with Rules.  In the event a party to a proceeding fails to comply with these rules in presenting a motion or petition to the board, the board shall deny the requested action.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

PART Opt 208  ADJUDICATORY PROCEEDINGS

 

          Opt 208.01  Applicability.  This part shall govern all hearings conducted by the board.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 208.02  Commencement.

 

          (a)  The board shall commence a hearing by issuing a notice to the parties at least 15 days before the first scheduled hearing date or first prehearing conference.  A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the agency.

 

          (b)  The notice of hearing shall:

 

(1)  Contain the information required by RSA 541-A:31, III, namely:

 

a.  A statement of the time, place and nature of any hearing;

 

b.  A statement of the legal authority under which a hearing is to be held;

 

c.  A reference to the particular statutes and rules involved including this Part;

 

d.  A short and plain statement of the issues presented;

 

e.  A statement that each party has the right to have an attorney represent them at their own expense;

 

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

 

(2)  Identify the parties to the proceeding as of the date of the order and specify a deadline for the submission of petitions to intervene or statements by complainants that they intend to participate as a party;

 

(3)  Specify the date by which, and the address where, appearances or motions by representatives shall be filed;

 

(4)  Specify the date, time, and location of an initial prehearing conference or dates for an oral hearing; and

 

(5)  Identify the presiding officer for the proceeding, if other than the president of the board.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 208.03  Docketing, Service of Notice, Public Notice.

 

          (a)  The board shall assign each adjudicatory proceeding a docket number, and serve the hearing notice upon all parties to the proceeding and the board's legal counsel in the civil bureau, department of justice.  The hearing notice shall be served upon the respondent, and the complainant, if any, by means of certified mail.

 

          (b)  Service of all subsequent orders, decisions and notices issued by the board, including any amendments to the hearing notice, shall be served upon the parties, including any intervenors, by regular mail.

 

          (c)  Orders, notices, and decisions of the board, and motions, memoranda, exhibits, and other documents and data submitted to the board in a docketed case shall be kept in a docket file and made available for public inspection in the board's office.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 208.04  Intervention.

 

          (a)  Complainants and other non-parties may petition the board for intervention at any time after the commencement of a proceeding.

 

          (b)  The petition to intervene shall:

 

(1)  Be in writing; and

 

(2)  Include the following:

 

a.  The petitioner's interest in the subject matter of the hearing;

 

b.  Whether the petitioner appears in support of the complainant or the respondent, as well as for his or her own interest;

 

c.  Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

 

d.  Any other reasons why the petitioner should be permitted to intervene.

 

          (c)  The presiding officer shall grant a petition for intervention if the petitioner has an interest in the proceeding and has clearly stated that interest.

 

          (d)  Persons filing a complaint which becomes the subject of a formal disciplinary hearing shall be served with the hearing notice and notified that he or she petition to intervene.

 

          (e)  Once granted leave to intervene, an intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.05  Right to Counsel.  Any party in an adjudicatory proceeding may be represented by counsel, but an attorney appearing on behalf of a party shall first file a letter announcing the fact

of representation at the earliest date practical.  Parties shall retain counsel at their own expense and requests for appointment of counsel shall not be entertained.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.06  Prehearing and Other Informal Conferences.

 

          (a)  A prehearing conference in accordance with RSA 541-A:31, V shall be scheduled on the request of any party or intervenor or on the initiative of the presiding officer or panel if the presiding officer or panel determines that to do so would facilitate the proceedings or encourage resolution of the dispute.  Such prehearing conference shall be held to consider:

 

(1)  Opportunities and procedures for settlement;

 

(2)  Opportunities and procedures for simplification of the issues;

 

(3)  Possible amendments to the pleadings;

 

(4)  Possible admissions of fact and of documents to avoid unnecessary proof;

 

(5)  Possible limitations on the number of witnesses;

 

(6)  Possible changes to the standard procedures which would otherwise govern the

proceeding;

 

(7)  The distribution of written testimony, if any, and exhibits to the parties;

 

(8)  Possible consolidation of the examination of witnesses by the parties; and

 

(9)  Any other matters which might contribute to the prompt and orderly conduct of the proceeding.

 

          (c)  The board shall cause such conferences to be recorded unless all parties wish to discuss possible settlement off the record.  Matters decided at an informal conference shall be reflected in an order.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.07  Discovery and Disclosure.

 

          (a)  Upon the written request of a party, the board shall disclose to the parties to a proceeding any information, not privileged, in the possession of the board, which relates to the subject matter of the proceeding.

 

          (b)  Each party shall attempt in good faith to make complete and timely response to requests for the voluntary production of information or documents relevant to the hearing.

 

          (c)  Any party may make a motion requesting that the presiding officer order the parties to comply with information requests.  The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing if such notice is issued less than 30 days in advance of the hearing.

 

          (d)  The moving party’s motion shall:

 

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

 

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

 

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

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.08  Evidence.

 

          (a)  Proceedings shall not be conducted under the rules of evidence, but, the evidentiary privileges recognized by the law of New Hampshire shall apply to proceedings under this chapter.

 

          (b)  All information which will assist the board to arrive at the truth is admissible, but the presiding officer shall exclude irrelevant, immaterial or unduly repetitious evidence.

 

          (c)  The board shall direct that evidence be submitted in written form unless the evidence is in the form or testimony of witnesses made under oath or affirmation.

 

          (d)  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.

 

          (e)  Witnesses appearing before the board shall testify under oath or affirmation administered by the presiding officer.

 

          (f)  The board shall cause a tape recording or stenographic record to be made of hearings and prehearing conferences.  At the request of a party to any proceeding involving disciplinary action, the record of the proceeding shall be made by a certified shorthand court reporter provided by the board at the requesting party’s expense.  A request for a certified shorthand court reporter shall be filed at least 10 days prior to the hearing.  This record shall be transcribed if a request is made by a party who also agrees to pay the cost of transcription or upon the board’s own initiative, in which case the board shall pay the cost of transcription.  If a transcript is produced, the board shall maintain a copy of the transcript in the file of the matter.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.09  Continuances.

 

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

 

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

 

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

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.10  Burden 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 paragraph (a), above, all moving parties and all petitioners shall have the burden of persuading the board that their motion or petition should be granted.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.11  Methods of Proceeding.  Where facts material to the subject matter of the proceeding are in dispute, and personal observation of witnesses or the immediate opportunity for cross-examination of witnesses is necessary or desirable, the proceeding shall, to that extent, consist of a trial-type evidentiary hearing with the subsequent submission of memorandum, or according to the order of the board as stated in the notice of hearing under Opt 208.02(b).

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.12  Proposed Findings of Fact and Conclusions of Law.

 

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

 

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

 

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

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.13  Ex Parte Communications.  Unless required for the disposition of ex parte matters authorized by law, no board member, party, intervenor or party representative, shall communicate, directly or indirectly, in connection with any issue before the agency, with any party or person, except upon notice and opportunity for all parties to participate.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.14  Closing the Record.

 

          (a)  After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b) below and Opt 208.16.

 

          (b)  Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing.  If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.15  Reopening the Record.  At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 208.16  Decisions.

 

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

 

          (b)  If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the members of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

 

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

 

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

 

          (e)  A board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the board sets a different retention period pursuant to rules adopted under RSA 327:31.

 

Source.  #7608-A, eff 12-5-01

 

PART Opt 209  PRESIDING OFFICERS

 

          Opt 209.01  Designation.

 

          (a)  Adjudicatory proceedings commenced by the board shall be conducted by a presiding officer.

 

          (b)  The board shall appoint one of its members to serve as a presiding officer.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 209.02  Authority of Presiding Officer.

 

          (a)  The presiding officer shall possess all authority with respect to the procedural aspects of adjudicatory proceedings including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding, and decide procedural and discovery issues.

 

          (b)  The presiding officer shall receive no testimony or oral argument on the merits of the case unless at least a majority of board members eligible to vote including the presiding officer are present.  The presiding officer shall have the authority to conduct prehearing conferences, or hear arguments on procedural or discovery motions without requiring the presence of other members of the board.

 

          (c)  The presiding officer shall, to the extent consistent with the fair and orderly conduct of the proceeding, permit board members who are present during any stage of an adjudicatory proceeding to make inquiries of the witnesses.

 

          (d)  The presiding officer shall not accept final offers of settlement or impose consent decrees, but shall assist the parties in reaching settlements.  When a settlement has been proposed in writing, the presiding officer shall refer it to the board for decision, but shall not stay the proceeding while the board is deliberating on the settlement proposal.

 

          (e)  The presiding officer shall not decide motions or enter orders which finally resolve the proceeding or stay the proceeding.  Potentially dispositive motions may be referred to the board.

 

          (f)  If the presiding officer believes that a default or similar final order should enter against a party, the presiding officer shall issue a written recommendation to the board, with service on the parties and any intervenors, if applicable.  The board shall make the final decision with respect to such a recommendation after allowing the parties l0 days to file objections thereto.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 209.03  Exceptions to Rulings By The Presiding Officer.

 

          (a)  There shall be no interlocutory appeal to the board of procedural or discovery orders made by the presiding officer.  Contemporaneous exceptions to such rulings shall be unnecessary and shall not be made.

 

          (b)  The parties may include objections to an adverse ruling of a presiding officer in any proposed decision under Opt 209.04.  When a proposed decision is not issued, such objections shall be presented to the board as a motion or as part of a closing memorandum submitted within 10 days from the close of the hearing.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 209.04  Presiding Officer; Withdrawal.  The board shall at any time, and without notice or hearing, replace the presiding officer if circumstances exist which would require the presiding officer to withdraw according to the following criteria:

 

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

 

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

 

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

 

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

 

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

 

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

 

Source.  #7608-A, eff 12-5-01

 

PART Opt 210  RECONSIDERATION AND STAY

 

          Opt 210.01  Motion for Reconsideration or Rehearing.

 

          (a)  The rules in this section allow a person affected by a final decision of the board to request a rehearing of a decision prior to appealing the decision.

 

          (b)  An adjudicatory order of the board, or an order denying a petition for declaratory rulings or rulemaking, shall not be final until the date it is served upon the parties pursuant to Opt 206.03(d).

 

          (c)  A motion for rehearing shall be filed within 30 days of the date of an agency decision or order.

 

          (d)  A motion for rehearing or reconsideration shall:

 

(1)  Include any memorandum of law the petitioner wishes to submit;

 

(2)  Identify each error of fact, error of reasoning, or erroneous conclusion contained in the final order which the moving party wishes reconsidered;

 

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

 

(4)  Concisely state the correct factual findings, correct reasoning, and legal conclusion urged by the moving party.

 

          (e)  A motion for rehearing shall be granted if it demonstrates that the board’s decision is unlawful, unjust or unreasonable.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

PART Opt 211  CONSOLIDATION AND SEVERANCE

 

          Opt 211.01  Consolidation.  Whenever it shall appear to the board, upon motion or its own initiative, that 2 or more proceedings involve substantially similar or substantially related issues, the board shall, as fairness and efficiency permit, consolidate those proceedings for hearing, or decision, or both.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 211.02  Severance.  Whenever it shall appear to the board, upon motion or its own initiative, that injury to the substantial rights of a party or undue delay may be thereby avoided, the board shall, as fairness and efficiency permit, sever one or more issues from a proceeding, and dispose of those issues in another proceeding.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

PART Opt 212  INVESTIGATIONS

 

          Opt 212.01  Informal Investigations.

 

          (a)  Notwithstanding any other provision of this title, the board, within the limits of its authority, and acting through its members, officers and employees, or through independent contractors, shall make inquiry of any person and otherwise gather data, and prepare reports describing the data obtained whenever:

 

(1)  It receives data which leads it to believe that a violation of any statute administered by the board, or of any rule of the board, has occurred, or is likely to occur; or

 

(2)  It desires to obtain data for any other lawful purpose.

 

          (b)  Informal investigations shall as necessary include requests for additional information from the complainant such as requests for a release of relevant medical records belonging to or under the control of the complainant and face-to-face meetings with interested persons.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 212.02  Formal Investigations.

 

          (a)  The board shall commence a formal investigation for the purpose of obtaining documents, recording testimony, and otherwise gathering information relevant to any matter within its jurisdiction.

 

          (b)  Formal investigations shall be commenced by the issuance of an order of investigation containing:

 

(1)  The statutory or regulatory authority for the investigation;

 

(2)  Any statutes or rules believed to have been, or about to be, violated;

 

(3)  The identity of the persons, or class of persons, which are the subject of the investigation;

 

(4)  The general nature of the conduct being investigated;

 

(5)  The identity of the investigating officer or committee; and

 

(6) The date upon which the investigating officer shall report his or her findings and recommendations to the board.

 

          (c)  The issuance of an order of investigation shall not commence a disciplinary hearing and shall not constitute an allegation of misconduct against a licensee.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 212.03  Investigators.  The board shall appoint a member of the board, or its staff, or an attorney, to conduct a formal or informal investigation.

 

Source.  #7608-A, eff 12-5-01

 

PART Opt 213  RULEMAKING

 

          Opt 213.01  How Adopted.  A board rule, or any amendment or repeal thereof, shall be adopted by order after notice and opportunity for a legislative-type hearing as provided by RSA 541-A:3 et seq.  Rules shall be proposed by petition or by the board acting on its own motion.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 213.02  Petition for Rulemaking.  Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a petition which contains the following information which the board shall review in making a decision as to whether to grant the request:

 

          (a)  A statement of the petitioner's interest in the subject matter of the proposed rule;

 

          (b)  The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed rule;

 

          (c)  If the petitioner proposes to amend or repeal an existing rule, an identification of the particular rule sought to be amended or repealed; and

 

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

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7608-A, eff 12-5-01

 

          Opt 213.03  Disposition of Petition.

 

          (a)  The board shall, by order, grant or deny a petition for rulemaking.

 

          (b)  If the petition is denied, the board shall state the reason therefor in the order.

 

          (c)  The board shall deny the petition for rulemaking when the adoption, amendment or repeal sought would result in:

 

(1)  A rule which 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.

 

          (d)  If the petition is granted, the board shall undertake to commence a rulemaking proceeding in accordance with RSA 541-A:4.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 213.04  Commencement of Rulemaking Proceeding.  The board shall commence a rulemaking proceeding by following the procedures set forth in RSA 541-A:4 et seq.

 

Source.  #7608-A, eff 12-5-01

PART Opt 214  RULEMAKING HEARINGS

 

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

 

Source.  #7608-A, eff 12-5-01

 

          Opt 214.02  Scope.

 

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

 

          (b)  If any requirement set by these rules conflicts with an applicable statute, such other authority shall control.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 214.03  Notice.

 

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

 

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

 

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

 

Source.  #7608-A, eff 12-5-01

 

          Opt 214.04  Media Access.

 

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

 

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

 

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

 

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

 

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

 

Source.  #7608-A, eff 12-5-01

 

          Opt 214.05  Moderator.

 

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

 

          (b)  The moderator shall:

 

(1)  Call the hearing to order;

 

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

 

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

 

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

 

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

 

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

 

(7)  Adjourn the hearing; and

 

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

 

Source.  #7608-A, eff 12-5-01

 

          Opt 214.06  Public Participation.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Source.  #7608-A, eff 12-5-01

 

PART Opt 215  DECLARATORY RULINGS

 

          Opt 215.01  Petitions.

 

          (a)  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 pursuant to Opt 207.01(b).

 

          (b)  Such a petition shall also set forth the following information:

 

(1)  The exact ruling being requested;

 

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

 

(3)  A statement as to how and why the issuance of a ruling on this subject would benefit the petitioner.

 

Source.  #7608-A, eff 12-5-01

 

          Opt 215.02  Action on Petitions.

 

          (a)  The petitioner 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.

 

          (b)  The board shall deny a petition when:

 

(1)  Other procedural options are available to the interested parties or the board;

 

(2)  The board's budget or workload require other matters to take priority; or

 

(3)  The ruling would impact inappropriately upon pending administrative, judicial or legislative proceedings.

 

Source.  #7608-A, eff 12-5-01

 

PART Opt 216  WAIVER OF SUBSTANTIVE RULES

 

          Opt 216.01  Petitions for Waiver.

 

          (a)  Any interested person may request the board to waive any rule not covered by Opt 203.01 by filing an original and 6 copies of a petition pursuant to Opt 207.01(b) which also identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.

 

          (b)  Petitions for waivers of substantive rules shall address whether:

 

(1)  Adherence to the rule would cause the petitioner hardship;

 

(2)  The requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;

 

(3)  Waiver of the rule would be consistent with the statutes administered by the board; and

 

(4)  Waiver of the rule would injure third persons.

 

          (c)  If examination of the petition reveals that other persons would be affected by the proposed relief, the board shall require service of the petition on each such persons and advise each that she or he may file a reply to the petition pursuant to Opt 207.01(c).

 

          (d)  The petitioner shall provide further information or participate in such evidentiary or other proceedings as may be ordered by the board as necessary to complete action on the petition.

 

          (e)  A petition for waiver of a rule which does not contain the information required in (b) above shall be denied without further notice or hearing.

 

          (f)  The board shall waive a substantive rule either in response to a petition or upon its own motion after providing affected parties with notice and an opportunity to be heard.

 

          (g)  The board shall issue an order waiving a substantive rule if it determines after a hearing that:

 

(1)  Adherence to the rule would cause personal or economic hardship to affected individuals;

 

(2)  There is no neglect or misfeasance on the part of the petitioner, if applicable;

 

(3)  Waiver of the rule would be consistent with the statutes administered by the board; and

 

(4)  Waiver of the rule would not injure third persons.

 

Source.  #7608-B, eff 12-5-01; ss by #9558, eff 10-6-09; ss by #12382, eff 9-16-17

 

PART Opt 217  EXPLANATION AFTER ADOPTION

 

          Opt 217.01  Explanation after Adoption.

 

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

 

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

 

Source.  #7608-B, eff 12-5-01; ss by #9558, eff 10-6-09; ss by #12382, eff 9-16-17

 


CHAPTER Opt 300  APPLICATIONS FOR INITIAL LICENSURE

 

PART Opt 301  LICENSURE BY EXAMINATION

 

          Opt 301.01  Application Process.

 

          (a)  Any person who is not licensed as an optometrist in any state or other jurisdiction and who wishes to apply for a license in New Hampshire shall do so by submitting an application provided by the board which contains the information specified by Opt 301.02, and the application fee specified by Opt 303.01.

 

          (b)  An application shall not be accepted for filing and shall be returned to the applicant if it:

 

(1)  Is not signed by the applicant;

 

(2)  Is not accompanied by a valid check for the application fee;

 

(3)  Does not comply with the indicated filing deadlines; or

 

(4)  Lacks a required attachment or plainly reveals that a required item of information is absent and unaccompanied by a request for waiver of the missing attachment or information.

 

          (c)  Unless expressly rejected within 2 weeks of its receipt by the board, the application shall be deemed accepted on the date it was first received by the board.  An application shall not be considered on file with the board until it has been accepted for filing.

 

          (d)  The board shall acknowledge the receipt of all applications within 60 days from acceptance for filing, and shall also notify the applicant in writing of any deficiencies in the application or any further information needed to evaluate the applicant's qualifications.  This additional information shall be provided by the applicant within 30 days from the date of the board's letter.  Failure to provide such information shall result in the denial of the application.

 

          (e)  Unless a waiver of the following time limit has been requested by the applicant and granted by the board, the board shall, within 120 days from acceptance for filing, either grant the application or deny the application until the issues identified in the denial order have been resolved.

 

          (f)  The board shall not grant a license on an application until it receives notice from the National Board of Examiners in Optometry (NBEO) that the applicant has passed the NBEO examination, and until any investigation into the applicant’s qualification for licensure is completed.

 

          (g)  If an application is denied, the applicant shall be provided an opportunity to request a hearing on the deficiencies identified by the board within 30 days of the board's order.  If a timely hearing is not requested, denial shall be final.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED:  4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 301.02  Application Form.  Applicant’s for licensure shall provide, or cause to be provided, the following on a “Application for Licensure” form, effective August 2017, supplied by the board:

 

          (a)  The applicant's full name and address;

 

          (b)  Birth date, place of birth, and social security number;

 

          (c)  The name(s), address(es) and degree(s) of all colleges or junior colleges attended at either an undergraduate or graduate level, and an official transcript showing each degree awarded;

 

          (d)  The name(s), address(es), and degree(s) of all optometry colleges attended, and an official transcript showing each degree awarded;

 

          (e)  A statement as to whether the applicant has passed the National Board of Examiners in Optometry (NBEO) Exam, parts I, II and III, and if so, a statement that a request has been made for the NBEO to forward a certified copy of the score report directly to the board as required by Opt 301.05(a);

 

          (f)  If the applicant passed the NBEO exam prior to December 1, 1993, proof of passage of the separate Therapeutic Management of Ocular Disease (TMOD) exam given by the NBEO pursuant to Opt 301.05(d);

 

          (g)  A statement as to whether the applicant has passed the New England Regional Clinical Optometric Assessment Testing Service (NERCOATS) exam, or its successor, and if so, a statement that a request has been made for the testing authority to forward a certified score report directly to the board pursuant to Opt 301.06(c);

 

          (h)  Original letters of reference from 2 practicing doctors of optometry, which identifies the name and address of each such doctor;

 

          (i)  A copy of a valid certificate verifying that the applicant has completed a program that certifies ability to perform cardio-pulmonary resuscitation (CPR) for adult, child and infant life support;

 

          (j)  If the applicant graduated from an accredited college of optometry prior to January 1, 1993, a statement as to whether the applicant has successfully completed a 105 hour post-graduate course that meets the requirements of Opt 301.03(c) and if so, a statement that a request has been made for the college of optometry to provide a certificate of completion showing fulfillment of all the requirements of Opt 301.03(c);

 

          (k)  A statement as to whether the applicant is currently or has been, but is not now, licensed to practice optometry in any state or other jurisdiction, and if so:

 

(1)  The type of license;

 

(2)  The issuing jurisdiction;

 

(3)  The dates of the license; and

 

(4)  The reason the applicant no longer holds the license, if applicable.

 

          (l)  A statement as to whether the applicant has ever been refused a license by any optometry licensing body, and if so, the name of the board, the date of denial and the reasons for denial;

 

          (m)  A statement as to whether the applicant has ever had a license to practice optometry suspended or revoked in any jurisdiction and, if yes, an explanation of such suspension or revocation;

 

          (n)  A statement as to whether the applicant has ever been convicted of a felony or misdemeanor that has not been annulled, and, if so, the name of the court, the details of the offense, the date of conviction and the sentence imposed;

 

          (o)  A recent, unretouched 2" x 2" photograph of the applicant;

 

          (p)  A statement that cash, a check or money order, made out to the Treasurer, State of New Hampshire in the amount of the application fee required by Opt 303.01(a) is enclosed with the application;

 

          (q)  A declaration that the applicant shall practice ethically and within the rules and laws governing the practice of optometry;

 

          (r)  A declaration that the applicant shall comply with all of the rules of the board, specifically including those governing renewals and requirements for continuing education, Opt 400;

 

          (s)  A declaration that the applicant is the person identified in the application and that all information contained in the application is true and correct; and

 

          (t)  The date and signature of the applicant.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7433, eff 1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17

 

          Opt 301.03  Educational Qualifications.

 

          (a)  Each applicant for licensure shall have completed a minimum of 2 years at a college of arts and sciences.

 

          (b)  Each applicant shall have graduated from an optometry college which requires a minimum of 4 years of training and is accredited by an established accrediting body recognized by the U.S. Department of Education.

 

          (c)  Applicants who graduated from optometry college prior to January 1, 1993 shall have completed a total of 105 hours of post-graduate coursework which meet the following requirements:

 

(1)  The post-graduate courses shall be given or sponsored by an accredited college of optometry, as specified in Opt 301.03(b);

 

(2)  The post-graduate coursework shall include a total of 80 hours of didactic instruction made up of the following subjects:

 

a.  General, systemic and ocular pharmacology;

 

b.  Diagnosis and treatment of anterior segment disease;

 

c.  Diagnosis and treatment of glaucoma; and

 

d.  Pre-surgical and post-surgical care; and

 

(3)  The post-graduate coursework shall include at least 25 hours of direct clinical training that includes all subjects listed above.

 

          (d)  Each applicant shall arrange for the college of optometry to submit a certificate of completion of the requirements of Opt 301.03 directly to the board.

 

          (e)  Education gained in the armed services, to be creditable, shall be of a character equivalent to that which would have been gained in the civilian sector.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; ss by #6797, eff 7-10-98; ss by #7433, eff 1-25-01; EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17

 

          Opt 301.04  Character Qualifications.  An application shall be denied if:

 

          (a)  The applicant, or someone acting on the applicant's behalf, has submitted false information to the board which is material to the board’s assessment of the applicant’s qualifications for licensure, or has neglected to disclose information which is material to the board’s assessment of the applicant’s qualifications for licensure;

 

          (b)  Evidence of past disciplinary action taken by another licensing body indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Opt 502.01; or

 

          (c)  Evidence of convictions of a felony or misdemeanor indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Opt 502.01.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 301.05  Written Examination.

 

          (a)  An application shall be denied unless the applicant  passes the NBEO Exam, parts I, II and III which shall be administered by the NBEO or any successor agency designated by the board.  The applicant shall make arrangements to have the NBEO send the scores directly to the board.

 

          (b)  The board shall administer an examination consisting of questions requiring a knowledge of RSA 327 and the rules of the board, current federal and state laws pertaining to prescriptive privileges and requirements, including those pertaining to controlled substances.  The passing grade shall be 75% or greater.

 

          (c)  Each applicant shall be informed of the results of the New Hampshire law examination within 30 days of the completion of the exam.

 

          (d)  An applicant who passed the NBEO prior to December 1, 1993 shall also show proof of passage of the TMOD.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7433, eff 1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17

 

          Opt 301.06  Proficiency Exam.

 

          (a)  An application shall be denied unless the applicant successfully passes a clinical proficiency examination given by NBEO, NERCOATS or its successor.

 

          (b)  The clinical proficiency examination shall require the applicant to demonstrate clinical proficiency in, but not limited to the following:

 

(1)  Diagnosis and treatment of visual disorders;

 

(2)  Diagnosis and treatment of ocular diseases;

 

(3)  Use of current instrumentation;

 

(4)  Clinical methods used in optometry; and

 

(5)  Interpretation of the results of these devices and methods.

 

          (c)  Each applicant shall arrange for the testing agency to send test scores directly to the board.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7433, eff 1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17

 

          Opt 301.07  Frequency of Examinations.  The New Hampshire law exam shall be administered by the board by appointment at the board’s regularly scheduled meeting held at the board’s office in Concord.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED:  4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17 (from Opt 301.08)

 

          Opt 301.08  Prohibition on Pharmaceutical Agents.

 

          (a)  No optometrist licensed in New Hampshire shall utilize any pharmaceutical agents unless therapeutic pharmaceutical agent (TPA) or therapeutic pharmaceutical agent/glaucoma (TPA/G) certification has been issued by the board.

 

          (b)  Optometrists licensed in New Hampshire shall display in a conspicuous manner a notation indicating whether or not the optometrist is certified to use pharmaceutical agents, as either a TPA or TPA/G certified optometrist.

 

          (c)  Optometrists licensed in New Hampshire shall make available to all consumers a brochure provided by the board describing the services available from non-TPA, TPA and TPA/G certified optometrists.  The brochure shall be intended for use as information only and shall state the required information consistent with the laws and with this rule.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; ss by #7889, eff 5-20-03, EXPIRED: 5-20-11

 

New.  #10243, eff 12-18-12; ss by #12383, eff 9-16-17 (from Opt 301.09)

 

          Opt 301.09  Application for TPA Certification.

 

          (a)  In order to obtain TPA certification any optometrist licensed in New Hampshire prior to January 1, 1993 shall file an “Application for Therapeutic Certification” form, effective August 2017, with the board.

 

          (b)  The application shall include the following:

 

(1)  The name and New Hampshire license number of the applicant;

 

(2)  The business address and telephone number of the applicant;

 

(3)  Certification from the NBEO that the applicant has successfully passed the TMOD exam given by that organization;

 

(4)  A copy of an original certified certificate from an American Heart Association, American Red Cross, National Safety Council, or American Safety and Health Institute qualified instructor showing that the applicant has successfully completed a course in CPR, level C for adult and child life support; and

 

(5)  A letter from an accredited college of optometry in the United States showing proof of passage of a 105 hour post-graduate level course in the treatment and management of ocular disease which shall include at least 25 hours of direct clinical training.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #9801, eff 10-19-10; ss by #12383, eff 9-16-17 (formerly Opt 301.10)

 

PART Opt 302  LICENSURE BY ENDORSEMENT

 

          Opt 302.01  Application Process.

 

          (a)  Any person wishing to apply for an optometry license based upon possession of a current and valid license from a jurisdiction which meets the requirements of Opt 302.04(a)(2) shall do so by submitting an “Application for Licensure” form, effective August 2017, provided by the board which contains the information specified by Opt 302.02, and the application fee specified by Opt 303.01(a).

 

          (b) Applications for licensure by endorsement shall be accepted for filing and processed in accordance with the procedures in Opt 301.01.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7433, eff 1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17

 

          Opt 302.02  Requirements for Licensure by Endorsement.  Each applicant for licensure by endorsement shall meet the requirements of Opt 301.01, and provide the following additional information:

 

          (a)  A chronological record of the applicant's professional practice from the date of first licensure in any jurisdiction, including the name and address of the practice, and a thorough description of the nature of the practice;

 

          (b)  A statement as to whether the applicant has been the subject of disciplinary action of any kind by an optometric or other professional licensing authority, or has entered into a settlement agreement or consent decree with any such licensing authority, and, if so, the name of the licensing authority and a complete description of the misconduct alleged and the discipline or settlement involved;

 

          (c)  A statement as to whether, at the time of application, the applicant is the subject of a misconduct investigation or disciplinary proceeding, or is negotiating a settlement of any misconduct allegations, with an optometric or other professional licensing authority in any jurisdiction, and, if so, the name of the licensing authority and a complete description of the misconduct alleged or the settlement involved; and

 

          (d)  The name and address of any optometric specialty or certification board with which the applicant is now, or has previously been, credentialed, and the dates during which the applicant was credentialed.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7433, eff 1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17

 

          Opt 302.03  New Hampshire Law Examination.  Applicants for licensure by endorsement shall take and pass the written exam as defined in Opt 301.05(b).

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7433, eff 1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17

 

          Opt 302.04  Acceptance or Denial of Licensure by Endorsement.

 

          (a)  An application shall be denied if the applicant does not demonstrate that:

 

(1)  He or she holds a valid and current license from another state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico; and

 

(2)  The licensing standards of the licensing jurisdiction in question are equivalent to or higher than those of New Hampshire, and specifically meet the requirements of RSA 327.

 

          (b)  An application shall be denied if the applicant does not pass the state examination specified in Opt 301.05(b).

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7433, eff 1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17 (formerly 304.03)

PART Opt 303  FEES

 

          Opt 303.01  Fee Schedule.  The fees required by the board under RSA 327 shall be as set forth in Table 303.1 Fee Schedule below.

 

Table 303.1 Fee Schedule

 

Initial Application Fee

$300.00

Biennial Renewal Application Fee

$300.00

Reinstatement of License Pursuant to RSA327:13-a.

$300.00

Application Fee for TPA Certification

$  25.00

Registration as an out of state contact lens dispenser

$300.00

Annual Renewal of out of state contact lens dispenser permit

$150.00

Duplicate license pocketcard

$  10.00

Duplicate wall certificate

$  25.00

Verification of license

$  20.00

List of licensed optometrists on paper or labels

$  50.00

List of licensed optometrists on disk or by email

$  25.00

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; amd by #6098, eff 10-1-95, all but paragraphs (g) & (h) EXPIRED: 6-17-00; ss by #7433, eff
1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17; ss by #12865, eff 9-10-19

 

PART Opt 304  REGISTRATION OF OUT OF STATE CONTACT LENS DISPENSERS

 

          Opt 304.01  Application for Registration as an Out of State Contact Lens Dispenser.  Applicants for registration of an out of state contact lens dispenser shall pay the registration fee specified in Opt 303.01 and provide the following on a “Application for Registration as an Out of State Contact Lens Dispenser” form, effective August 2017, supplied by the board:

 

          (a)  The name and address of the business;

 

          (b)  The telephone number of the business;

 

          (c)  The type of business organization and names and titles of all principal owners or officers of the business;

 

          (d)  The names and business addresses of all subsidiaries, branches or divisions of the business which provide spectacles or contact lenses for retail sale or which provide optometric or ophthalmic care;

 

          (e)  A declaration that the business is in compliance with all applicable laws and regulations in the state in which it is physically located;

 

          (f)  A declaration that the business will comply with all applicable laws and regulations in the conduct of its business in New Hampshire; and

 

          (g)  The signature of the principal owner or officer of the business.

 

Source.  #6098, eff 10-1-95; amd by #6717, eff 3-24-98, EXPIRED: 3-24-06

 

New.  #9342, eff 12-9-08, EXPIRED: 12-9-16

 

New.  #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

 

New.  #12383, eff 9-16-17

 

         Opt 304.02  Duties of Out of State Contact Lens Dispensers.

 

          (a)  Out of state contact lens dispensers shall comply with all applicable requirements of RSA 327 and the rules adopted thereunder.

 

          (b)  Out of state contact lens dispensers shall only accept prescriptions from licensed optometrists and ophthalmologists who meet the requirements of Opt 502.02(q).

 

          (c)  Out of state contact lens dispensers shall notify, in writing, the optometrist who issued the prescription whenever that prescription is filled by the out of state dispenser.

 

          (d)  Facsimile copies of prescription forms shall be valid for use by out of state contact lens dispensers pursuant to Opt 502.03(a)(4).

 

          (e)  Out of state contact lens dispensers shall not sell contact lenses at retail to anyone in New Hampshire unless they are in possession of a written prescription which meets the requirements of Opt 502.02(q).

 

Source.  #6098, eff 10-1-95; ss by #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17 (formerly Opt 304.03)

PART Opt 305  FACILITATED LICENSING FOR MILITARY SPOUSES

 

         Opt 305.01  Licensing for Active Duty Military Spouses.

 

          (a)  Each applicant for licensure who is a military spouse pursuant to RSA 332-G:7, III shall apply to the board for licensure on an application for licensure form as specified in Opt 301.02 and pay the fee set forth in Opt 303.01.

 

          (b)  Each applicant for facilitated licensing as a military spouse shall provide a copy of the military member’s orders showing proof of active duty status.

 

          (c)  Each applicant who applies for facilitated licensing as a military spouse shall be eligible to obtain a facilitated license if the military spouse is licensed or registered in another state or jurisdiction, provided that the other state’s or jurisdiction’s licensure or registration requirements are consistent with RSA 327:6 and Opt 301.03 – Opt 301.06.

 

          (d)  Verification of licensure and examination shall be obtained by the candidate for licensure and submitted to the board directly from the verifying state or jurisdiction for approval.

 

          (e)  A military spouse who obtains a facilitated license shall comply with all license renewal requirements pursuant to Opt 401.03.

 

Source.  #12383, eff 9-16-17

 


CHAPTER Opt 400  LICENSE RENEWAL AND CONTINUING EDUCATION

 

PART Opt 401  LICENSE RENEWAL

 

          Opt 401.01  Expiration of License.  A license shall automatically expire on July 1 every 2 years, unless prior to that time the board receives an application for license renewal pursuant to this chapter.

 

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 401.02  Renewal of License.  On or before June 30 of each year in which a license is due to expire, any licensee wishing to renew a license shall submit the renewal application form supplied by the board along with the fee specified by Opt 303.01 Table 303.1 and proof of completion of continuing education.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 401.03  Renewal Application.

 

          (a)  Before May 1 of each year in which a license is due to expire, the board shall mail to every optometrist licensed in the state a renewal application pursuant to RSA 327:13.

 

          (b)  The licensee shall file a renewal application form provided by the board and tender the renewal fee specified by Opt 303.01 Table 303.1 Fee Schedule.

 

          (c)  The licensee shall provide the following on or with the renewal application form:

 

(1)  Name of the optometrist who is renewing;

 

(2)  Office address(es) and phone number(s) of the optometrist who is renewing;

 

(3)  A statement indicating whether the applicant is actively practicing optometry;

 

(4)  Home address of the optometrist who is renewing;

 

(5)  A statement that the information included in the applicant's initial application has not changed except to the extent it has been previously disclosed to the board or is disclosed and described in an attachment to the renewal application;

 

(6)  Whether the applicant has been the subject of disciplinary action, or has been denied a license or surrendered a license in any state or jurisdiction during the past 12 months; and

 

(7)  Signature of applicant and date signed.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7433, eff 1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17

 

          Opt 401.04  Reinstatement of License.

 

          (a)  A licensee who fails to renew the license before July 1 of the year in which the license expires may request reinstatement by the board.

 

          (b)  If the license of an applicant applying for reinstatement of license has been lapsed for more than 30 days, the applicant for reinstatement shall provide on or with a “O.D. Reinstatement Application” form, effective August 2017, provided by the board:

 

(1)  A completed reinstatement application including the same information required in Opt 301.02(a)-(s) excluding Opt 301.02(c)-(g), (j) and (o);

 

(2)  Proof of completion of continuing education which meets the requirements of Opt 402; and

 

(3)  The fee for reinstatement as specified in Opt 303.01 Tabled 303.1 Fee Schedule.

 

          (c)  Applicants for reinstatement of a revoked license shall have the burden of persuading the board that the actions which were the basis for the original disciplinary action have been satisfactorily remediated, that no additional charges of misconduct are pending, and that the applicant meets all the character and competency requirements of an applicant for initial licensure.

 

          (d)  If the license of an applicant applying for reinstatement of license has been lapsed for 30 days or less, the applicant shall only be required to submit the following:

 

(1)  The completed “O.D. 30 Day Reinstatement Application” form, effective August 2017, including the same information required in Opt 301.02(a)-(s) excluding (c)-(h), (j)-(k) and (o);

 

(2)  The payment of the reinstatement fee as specified in Opt 303.01 Table 303.1 Fee Schedule; and

 

(3)  Proof of completion of continuing education which meets the requirements of Opt 402.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7433, eff 1-25-01, EXPIRED: 1-25-09

 

New.  #9558, eff 10-6-09; ss by #12383, eff 9-16-17

 

          Opt 401.05  Denial of Renewal.  The board shall deny an application for renewal of a license, after providing notice to the applicant of the opportunity to be heard, in the event that the board receives information which is supported by the preponderance of the evidence that:

 

          (a)  The applicant’s continuing competency has not been demonstrated as required by Opt 402;

 

          (b)  The applicant has failed to provide materially complete or materially accurate information on the renewal application;

 

          (c)  Discipline has been imposed under Opt 501.05 for any unethical act; or

 

          (d)  Reasons exist for which an initial application could be denied under Opt 301.04.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 401.06  Renewal of Registration of Out of State Contact Lens Dispensers.

 

          (a)  Registration as an out of state contact lens dispenser shall expire on June 30 of each year unless prior to that time the board has granted renewal of the registration.

 

          (b)  Any registrant wishing to renew a registration shall file the renewal application form specified in Opt 401.07 on or before June 30 of each year along with the fee specified in Opt 303.01.

 

          (c)  Failure of a registrant to renew on or before June 30 shall cause the registration to lapse.  The registration shall not be renewed and the business shall be required to apply for registration as specified in Opt 304.01.

 

Source.  #12383, eff 9-16-17 (formerly Opt 304.02)

 

          Opt 401.07  Renewal Application for Out of State Contact Lens Dispensers.  Applicants for renewal of an out of state contact lens dispenser registration shall provide the following on a form supplied by the board:

 

          (a)  Name and address of business;

 

          (b)  Telephone number of business;

 

          (c)  Signature of principal business owner; and

 

          (d)  Any changes from the original application as identified in Opt 304.01.

 

Source.  #12383, eff 9-16-17 (formerly Opt 304.04)

 

PART Opt 402  CONTINUING EDUCATION

 

          Opt 402.01  Continuing Education Required.

 

          (a)  All Therapeutic Pharmaceutical Agents (TPA) certified licensed optometrists shall complete a minimum of 50 credit hours of approved continuing education (CE) requirements every year, at least 20 credit hours of which shall be in Class I, and the remainder of which shall be Class II.  When accumulating Class I credit hours, 8 of the 20 hours may be alternative CE, as defined in Opt 402.04(a)(2), and the balance shall come from formal CE, as defined in Opt 402.04(a)(1).  An optometrist with prescriptive authority to treat glaucoma shall complete 10 of the required hours in glaucoma specific education, a minimum of 7 hours of which shall be in Class I, and the remainder in Class II.

 

          (b)  Class I credit hours shall be accumulated through participation in formal courses and alternative CE that meet the requirements of Opt 402.04.

 

          (c)  Class II credit hours shall be earned through independent study documented as required by Opt 402.04.

 

          (d)  Licensees who possesses a United States Drug Enforcement Administration (DEA) number shall complete 3 hours of online continuing education or pass an online examination in the area of pain management, addiction disorder, or combination of both.  The 3 hours shall not count toward the 8 alternative CE requirements described in (a) above.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; amd by #7889, eff 5-20-03; amd by #9342, eff 12-9-08, EXPIRED: 12-9-16

 

New.  #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

 

New.  #12383, eff 9-16-17; ss by #12778, eff 5-14-19; ss by #13848, eff 3-9-24

 

          Opt 402.02  Continuing Education for Non-TPA Certified Optometrists.  All non-TPA certified licensed optometrists shall complete 15 hours per year of Class I credits each calendar year, 2 hours of which may be alternative CE, as defined in Opt 402.04(a)(2) and the balance shall come from formal course credit hours, as defined in Opt 402.04(a)(1).

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; ss by #9342, eff 12-9-08, EXPIRED: 12-9-16

 

New.  #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

 

New.  #12383, eff 9-16-17

 

          Opt 402.03  Continuing Education Form.

 

          (a)  Continuing education shall be reported to the board annually on or before April 1 on, as applicable, a “Continuing Education Form”, effective August 2017, or an “Annual Audit Continuing Education Form”, effective August 2017, provided by the board.

 

          (b)  The licensee shall include the following information regarding continuing education compliance:

 

(1)  The name, home address, and business address of the licensee;

 

(2)  The license number;

 

(3)  The course topic, dates of attendance and number of hours approved for Class I continuing education;

 

(4)  The course title, activity, dates of study, content of study and number of hours of Class II continuing education; and

 

(5)  The signature of the licensee certifying that the hours of continuing education claimed on this form represent actual hours spent in the pursuit of the stated educational goal.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; amd by #7889, eff 5-20-03, EXPIRED: 5-20-11

 

New.  #10243, eff 12-18-12; ss by #12383, eff 9-16-17

 

          Opt 402.04  Approved Continuing Education.

 

          (a)  Class I continuing education credit hours shall be accumulated as follows:

 

(1)  “Formal CE” means participation in workshops, seminars, conferences, courses, and related facility based in-services, such as hospital rounds or its equivalent.  Formal CE given by the American Academy of Optometry, the American Optometric Association and any state or regional affiliate, or any accredited college of optometry, medicine or pharmacy, or approved by the Council on Optometric Practitioner Education (COPE), shall be automatically approved as Class I; and

 

(2) “Alternative CE” means “non-live” CE and includes, but is not limited to, internet, teleconferences and DVD education.  The subject matter shall be acceptable for Class I CE.  Alternative CE shall be COPE approved or provided by a college of optometry, medicine or osteopathy, or by the American Academy of Optometry, the American Optometric Association or any state or regional affiliate.  Alternative CE shall include an examination with a passing grade.

 

          (b)  A course of practice management shall not be approved as Class I continuing education for purposes of Opt 402.04(a).

 

          (c)  Formal continuing education offered by sponsors other than those identified in Opt 402.04(a)(1), above, shall be approved for class I credit only if the board receives a letter from a licensee of the board requesting such approval at least 45 days prior to the starting date of the course which requests approval, and the board determines that the course is relevant to the practice of optometry.

 

          (d)  Requests for approval pursuant to (c) above shall be approved provided that such requests contain the following information:

 

(1)  A description of the sponsoring agency;

 

(2)  The title, location and date of the course;

 

(3)  A description of all subjects covered by the course;

 

(4)  The total hours of study involved in the course and a breakdown of the time devoted to each of the subjects covered by the course;

 

(5)  The name(s) and professional qualifications of the instructor(s);

 

(6)  A statement that attendees who are present for the entire course shall be given an attendance certificate for license renewal purposes;

 

(7)  A statement whether the course is approved by a current accrediting agency or another state licensing board; and

 

(8)  The course syllabus.

 

          (e)  An approved course shall allow no more than 10 hours of credit for a full day session.

 

          (f)  An approved course shall include procedures for checking attendance at each session, and shall provide persons who attend the entire course an attendance certificate for license renewal purposes.

 

          (g)  An approved course shall feature subjects, instructors, textbooks and equipment which reflect a current level of optometric education and research.

 

          (h)  Class II continuing education hours shall be accumulated through independent study, including optometric, medical and pharmacy journals, textbooks, literature, and internet continuing education courses.

 

          (i)  Practice management courses and study shall be accepted as Class II continuing education but shall not exceed 3 hours in any one year period.

 

          (j)  CPR courses presented by the American Heart Association, American Red Cross, National Safety Council, or American Safety and Health Institute qualified instructor shall be automatically approved as Class I.

 

          (k)  Independent study shall be verified by a statement of completion from the entity providing the course of study or by a complete record of materials including:

 

(1)  The title and author of the material;

 

(2)  The name and source of the material;

 

(3)  The date the study was completed;

 

(4)  The length of time required for completion; and

 

(5)  A summary of the content of study.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; amd by #6797, eff 7-10-98, all but paragraph (d) EXPIRED: 6-17-00; amd by #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; amd by #7889, eff 5-20-03; ss by #9342, eff 12-9-08; amd by #9801, eff 10-19-10; ss by #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

 

New.  #12383, eff 9-16-17

 

          Opt 402.05  Notification of Course Approval.

 

          (a)  Upon approval of a continuing education course under Opt 402.04(d), the board shall issue the sponsoring organization a letter of approval.

 

          (b)  The letter of approval shall contain the following information:

 

(1)  The title of the course;

 

(2)  The date(s) the course is offered; and

 

(3)  The number of continuing education hours credited.

 

          (c)  The licensee shall be responsible for ascertaining that board approval has been given for each course for which he or she requests continuing education credit under Opt 402.  Credit shall not be given for unapproved courses.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 402.06  Proof of Attendance.

 

          (a)  Each licensee shall establish his or her attendance at approved formal continuing education courses by producing a certificate of attendance which, on its face, states:

 

(1)  The name, date and location of the course;

 

(2)  The name of the sponsoring entity;

 

(3)  The number of hours of credit given by the course; and

 

(4)  The name of the licensee.

 

          (b)  Each licensee shall establish his or her attendance at approved alternative CE by producing a certificate of participation which, on its face, states:

 

(1)  The name and date of the course;

 

(2)  The name of the sponsoring entity and COPE approval, if applicable;

 

(3)  The number of hours of credit given by the course and the passing grade; and

 

(4)  The name of the licensee.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; ss by #9342, eff 12-9-08, EXPIRED: 12-9-16

 

New.  #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

 

New.  #12383, eff 9-16-17

 

Opt 402.07  Audit of Continuing Education.  The board shall audit the documentation of continuing education of any licensee if necessary to verify the accuracy of the reported compliance.

 

Source.  #6185, eff 2-16-96; ss by #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

PART Opt 403  MILITARY STATUS OF LICENSEES

 

Opt 403.01  Active Duty Military Inactive Status.

 

      (a)  The board shall place a licensee on inactive status pursuant to RSA 332-G:7, II upon receipt of:

 

(1)  A written request; and

 

(2)  Proof of active duty service in the Armed Forces of the United States.

 

      (b)  The board shall return an inactive licensee to active status upon receipt of:

 

(1)  Payment of the renewal fee;

 

(2)  Proof of completion of the continuing education requirements pursuant to Opt 402; and

 

(3)  Proof that the licensee has not been discharged from service in the Armed Forces of the United States for more than one year.

 

Source.  #12383, eff 9-16-17

 


CHAPTER Opt 500  ETHICAL STANDARDS AND DISCIPLINARY MATTERS

 

PART Opt 501  DISCIPLINARY MATTERS

 

          Opt 501.01  Initiation of Action.  The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings in response to any information which reasonably suggests that a licensee has engaged in professional misconduct.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 501.02  Action on Complaints and Misconduct Allegations.

 

          (a)  Upon receipt of a completed “Consumer Complaint Form”, effective August 2017, the board shall investigate the allegations contained therein as follows:

 

(1)  Conduct an informal investigation pursuant to Opt 212.01;

 

(2)  Commence a formal investigation pursuant to Opt 212.02; or

 

(3)  Commence an adjudicatory proceeding pursuant to Opt 208.02 and Opt 501.04.

 

          (b)  The board shall take final action on complaints in the manner provided by Opt 207.02.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 501.03  Misconduct Investigations.

 

          (a)  The board shall conduct such investigations as it deems necessary to investigate allegations of misconduct which come to its attention through complaints or other means. Informal investigations undertaken in accordance with the criteria set out in Opt 212.01 shall be conducted at any time and without prior order of the board.  The board shall convert an informal investigation to a formal investigation at any time for the purposes set forth in Opt 212.02 and according to the procedures in Opt 212.02(b).

 

          (b)  The board shall use the criteria set forth in Opt 212.02 in determining whether an investigation shall be informal or formal.

 

          (c)  When a misconduct investigation occurs, an investigator designated by the board shall contact such persons and examine such health care records and other documents as are necessary to make a recommendation as to whether further board action should be taken on the allegations in question.

 

          (d)  Investigations, including those based upon allegations in a complaint, or required by RSA 327:20 shall be conducted by a member of the board who shall recuse himself from the adjudicatory hearing.

 

          (e)  In formal misconduct investigations the investigator shall make a written report and recommendation to the board as to whether there is a reasonable basis to conduct further disciplinary proceedings.  The board shall follow the procedural requirement of Opt 208.02 in the event it determines to commence a disciplinary hearing with respect to any investigation or allegation of misconduct.

 

          (f)  During an investigation, no disclosure of information gathered shall be made if such disclosure would impair the investigation.

 

          (g) After an investigation is concluded, information gathered during the investigation shall be disclosed, upon request, except to the extent exempted by RSA 91-A:5.

 

          (h)  Not withstanding (g) above, information otherwise exempt under RSA 91-A:5 shall be disclosed pursuant to written authorization from the person whose interests are protected by RSA 91-A:5.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; amd by #7889, eff 5-20-03, EXPIRED: 5-20-11

 

New.  #10243, eff 12-18-12; ss by #12383, eff 9-16-17

 

          Opt 501.04  Disciplinary Hearings.

 

          (a)  Adjudicatory hearings of misconduct allegations shall be conducted in accordance with Opt 208.  The presiding officer, shall set forth the particular scheduling and filing requirements applicable to each case and include them in a hearing order, prehearing order, or other appropriate order served upon the parties, including persons granted intervenor status pursuant to Opt 208.04.

 

          (b)  Misconduct allegations set forth in a hearing notice shall be amended as necessary at any time prior to the issuance of a final order, provided, however, that the parties shall receive at least 15 days notice and an opportunity to be heard on any amended issues.

 

          (c)  If ordered to do so by the presiding officer in connection with an adjudicatory hearing commenced under Opt 200, the licensee shall respond in writing to stated misconduct allegations by admitting or denying each allegation within 30 days of such request.

 

          (d)  The presiding officer, shall at any time during the course of a disciplinary hearing, appoint an attorney from the department of justice to prosecute misconduct allegations.

 

          (e)  Prehearing conferences in disciplinary proceedings shall be open to the public except to the extent settlement discussions or other matters entitled to confidentiality pursuant to RSA 91-A are addressed.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 501.05  Disciplinary Sanctions.

 

          (a)  Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only:

 

(1)  After prior notice and an opportunity to be heard; or,

 

(2)  Pursuant to a mutually agreed upon settlement or consent decree.

 

          (b)  When the board receives notice that a licensee has been subjected to disciplinary action related to professional misconduct by the licensing authority of another jurisdiction as described in RSA 327:20, II(h), the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

 

          (c)  With respect to reciprocal discipline proceedings, the board shall impose license restrictions, such as suspension or revocation, similar to one issued in another jurisdiction.

 

          (d)  After a finding that misconduct has occurred and in order to protect public health and safety and deter future misconduct, the board shall impose one or more of the disciplinary sanctions authorized by RSA 327:20, III after considering the presence of aggravating or mitigating circumstances.

 

          (e)  The following shall be considered aggravating circumstances:

 

(1)  The seriousness of the offense;

 

(2)  The licensee's prior disciplinary record;

 

(3)  The licensee knew his or her actions constitute an offense;

 

(4)  The licensee's lack of willingness to cooperate with the board; and

 

(5)  The potential harm to public health and safety.

 

          (f)  The following shall be considered mitigating circumstances:

 

(1)  The absence of a prior disciplinary record;

 

(2)  The licensee's lack of intent to commit an offense;

 

(3)  The licensee's acknowledgement of his or her wrongdoing; and

 

(4)  The licensee's willingness to cooperate with the board.

 

          (g)  When the board receives information indicating that a licensee has engaged in or is likely to engage in professional misconduct which poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 541-A:30, III which sets forth the alleged misconduct and immediately suspends the license for up to 10 days pending completion of an adjudicatory proceeding on the specified issues.

 

          (h)  Suspension orders under Opt 501.05(g) shall set forth the procedures to be followed by the licensee in order to avail him or herself of the opportunity to be heard.

 

          (i)  No hearing date established in a proceeding conducted under Opt 501.05(g) shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the board's final decision.

 

          (j)  Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be considered public information under RSA 91-A.  The board shall make copies of such orders, agreements and decrees available to law enforcement agencies and optometry boards of other jurisdictions.  In addition, pursuant to arrangements with the National Practitioners Data Bank (NPDB), copies of such orders, agreements and decrees shall be made available for purposes of assuring that licensing agencies in other jurisdictions are aware of disciplinary action taken against a licensee in this state.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; amd by #7889, eff 5-20-03, EXPIRED: 5-20-12

 

New.  #10243, eff 12-18-12; ss by #12383, eff 9-16-17

 

PART Opt 502  ETHICAL STANDARDS

 

          Opt 502.01  Obligation to Obey.

 

          (a)  The ethical standards set forth in this part shall bind all licensees and out of state contact lens dispensers.

 

          (b)  Violation of any standard set forth in this part shall constitute unprofessional conduct pursuant to RSA 327:20, II(c).

 

          (c)  Conduct proscribed by these ethical standards, when performed by a licensee, shall be a basis for initiating disciplinary proceedings as set out in Opt 200 and Opt 501.03.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; ss by #6717, eff 3-24-98; ss by #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

          Opt 502.02  Standards of Conduct.  A licensee shall:

 

          (a)  Submit only truthful and correct information in any application or other document filed with or statement made to the board;

 

          (b)  Inform the board of a principal business address to which all official board communications should be directed, and also of all addresses where she or he is practicing. Licensees shall notify the board of a business address establishment or change, or abandonment of a business address with 30 days of such establishment, change or abandonment;

 

          (c)  Make available at the request of any patient a card which bears the following printed information:

"Complaints concerning Optometrists shall be sent to the N.H. Board of Registration in Optometry, 2 Industrial Park Drive, Concord, NH 03301”;

 

          (d)  Refrain from revealing information acquired in the course of treating a patient unless the patient consents to the release of the information or the release is ordered by a court or other official body with authority to acquire such information;

 

          (e)  Not terminate a doctor/patient relationship without 60 days notice, without making arrangements for referral, or when other circumstances exist which could be expected to jeopardize the health or welfare of the patient.  However, a licensee shall have no obligation to accept a particular patient or to continue treating a particular patient when discontinuance would not jeopardize the patient's health or welfare;

 

          (f)  Accommodate patient requests for a consultation by another practitioner, even if the licensee does not believe such a consultation is necessary;

 

          (g)  Maintain absolute honesty in all dealings with patients, and neither knowingly exaggerate nor minimize the gravity of the patient's condition or the chances of recovery;

 

          (h)  Provide each patient with the highest degree of skill and care of which he or she is capable, and otherwise maintain the health and welfare of the patient as the paramount objective of his or her practice.  Towards this end, the licensee shall continually endeavor to improve his or her skill and knowledge in the field of optometry, keep abreast of new developments in the field, and offer the same good quality of care to each patient the licensee undertakes to treat, regardless of the level of remuneration the patient can provide;

 

          (i)  Report persons who attempt to practice optometry without a license or otherwise violate the laws or regulations pertaining to the practice of optometry in New Hampshire;

 

          (j)  Make no false statement concerning another optometrist's abilities or method of practice;

 

          (k)  Provide an itemized, clearly understandable statement of professional charges to all patients;

 

          (l)  Not charge or attempt to charge, through the submission of duplicate invoices or any other scheme or device, any amount in excess of the fee agreed to in advance with the patient for any professional service rendered to that patient;

 

          (m)  Not engage in bait and switch advertising;

 

          (n)  Not advertise any service as free unless the advertisement in question clearly reveals all services which will be or can be performed at the time of the anticipated office visit, and specifically states, as to each such service, whether it will be free, or, if not, the exact amount which shall be charged for it;

 

          (o)  Maintain complete and accurate clinical and business records pertaining to each patient seen for a minimum of 7 years following the last activity on the account;

 

          (p)  Promptly, and in all cases within 10 business days, furnish complete and accurate copies of patient records, or in appropriate circumstances, original patient records, upon the patient's request;

 

          (q)  Provide a copy of a written prescription for replacement contact lenses to any patient who has met the requirements of RSA 327:25-a.  The prescription shall be written on a formal prescription blank with the name and address of the prescribing optometrists or ophthalmologist printed on its face;

 

          (r)  Utilize pharmaceutical agents for diagnostic or treatment purposes only if the licensee has met the requirements of RSA 327:6-a;

 

          (s)  Utilize only those pharmaceutical agents permitted by RSA 327:1 or those agents approved by the former joint pharmaceutical formulary board or those agents approved by the joint pharmaceutical formulary and credentialing committee as authorized by RSA 327:6-b;

 

          (t)  Utilize pharmaceutical agents for the treatment of glaucoma provided that the licensee has met the requirements of RSA 327:6-c, I(b) and indicates on the licensee's prescription pad "glaucoma prescription authority granted"; and

 

          (u)  Comply with the following when describing the licensee’s optometric practice:

 

(1)  A licensee may designate himself or herself as an O.D., optometrist, or Doctor of Optometry, but shall not use the terms “optometric physician” or “medical optometrist;”

 

(2)  A licensee may:

 

a.  Designate himself or herself as having areas of interest; and

 

b.  Use phrases such as “practice limited to contact lenses” or “practice provides care in the following areas:”;

 

(3)  When designating himself or herself as having areas of interest pursuant to (2) above, a licensee shall not:

 

a.  List specialties or board certification in a specific area of interest; or

 

b.  Use terms such as:

 

1.  “Therapeutic optometrist;”

 

2.  “Optometric glaucoma specialist;” or

 

3.  “Practice specializing in contact lenses;” and

 

(4)  A licensee may designate himself or herself as having membership, fellowship or diplomat status from nationally recognized certifying bodies such as the College of Optometrists in Vision Development (COVD) or the American Academy of Optometry (FAAO), but shall not imply that he or she is “board certified.”

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94; amd by #6098, eff 10-1-95; amd by #6185, eff 2-16-96, all but paragraphs (q), (r) & (s) EXPIRED: 6-17-00; amd by #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; amd by #7889, eff 5-19-03; amd by #9342, eff 12-9-08, EXPIRED: 12-9-16

 

New.  #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

 

New.  #12383, eff 9-16-17

 

          Opt 502.03  Standards of Conduct for Out of State Contact Lens Dispensers.  An out of state contact lens dispenser shall:

 

          (a)  Not sell, provide, dispense or furnish contacts lenses to recipients located in this state unless holding a current permit issued by the board;

 

          (b)  Submit only truthful and accurate information in any application or other document filed with the board;

 

          (c)  Comply with all applicable federal, state and local laws;

 

          (d)  Furnish contact lenses only upon receipt of a current, valid and unexpired prescription, which shall be originally written, a facsimile or other written electronic transmission specifically noted for contact lenses and contains the patient’s name, the date and signed by the prescribing professional or verified by direct communication pursuant to federal and state law;

 

          (e)  Not substitute any parameters unless the prescription specifically makes allowances for such substitutions or the same contact lens is manufactured by the same company and sold under multiple labels to individual providers.  The seller may fill the prescription with a contact lens manufactured by that company under another label;

 

          (f)  Not exceed the number of refills noted on the prescription or communicated to the seller during the verification process;

 

          (g)  Maintain absolute honesty in all dealings with patients;

 

          (h)  Provide an itemized and clearly understandable statement of all charges to the patient with each transaction;

 

          (i)  Refrain from “bait and switch” advertising;

 

          (j)  Maintain complete and accurate records of prescriptions and business transactions for each consumer for a period of at least 7 years; and

 

          (k)  Promptly, and in all cases within 10 business days, furnish complete and accurate copies of patient prescriptions and account records to the board upon its request.

 

Source.  #6717, eff 3-24-98, EXPIRED: 3-24-06

 

New.  #9342, eff 12-9-08, EXPIRED: 12-9-16

 

New.  #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

 

New.  #12383, eff 9-16-17

 

PART Opt 503  INACTIVE LICENSE AND DISCIPLINARY ACTIONS

 

          Opt 503.01  Effect of Inactive License on Disciplinary Actions.

 

          (a)  A licensee may surrender an active license by providing written notice to the board of such conversion.

 

          (b)  Surrender or non-renewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee's professional conduct while the license was still in effect. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

 

          (c)  A licensee who surrenders a license shall have no right or privilege to practice in New Hampshire. A licensee who reapplies for licensure in New Hampshire after electing to surrender his or her license shall meet all of the requirements then in effect for new applicants.

 

          (d)  A licensee who wishes to surrender his or her license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.

 

          (e)  Any settlement agreement reached under (d), above, shall include the following concessions:

 

(1)  That license surrender has occurred in settlement of pending disciplinary charges;

 

(2)  That all or some specifically identified part of the material facts pertaining to the charges are true; and

 

(3)  That the pending disciplinary allegations shall be issues to be resolved in any future application the licensee submits in New Hampshire.

 

          (f)  The fact of license surrender and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies in the same manner as a final decision containing a specific finding of professional misconduct pursuant to Opt 501.05(f).

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02, EXPIRED: 4-4-10

 

New.  #9756, eff 7-20-10; ss by #12383, eff 9-16-17

 

PART Opt 504  OPIOID PRESCRIBING

 

          Opt 504.01  Applicability.  This part shall apply to the prescribing of opioids for the management or treatment of non-cancer and non-terminal pain, and shall not apply to the supervised administration of opioids in a health care setting.

 

Source.  #12060, eff 1-1-17

 

          Opt 504.02  Noncompliance with Standards as Unprofessional Conduct.  The ethical standards set forth in this part shall bind all licensees, and noncompliance with these standards shall constitute unprofessional conduct as used in NH RSA 327:20, II (c).  The board shall investigate violations of these standards and impose disciplinary sanctions for such violations by following the disciplinary procedures set forth in Opt 501.

 

Source.  #12060, eff 1-1-17

 

          Opt 504.03  Definitions.  Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Source.  #12060, eff 1-1-17

 

          Opt 504.04  Acute Pain.  If opioids are indicated and clinically appropriate for prescription for acute pain, prescribing licensees shall:

 

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

 

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

 

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

 

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

 

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

 

(2)  Risks of keeping unused medication;

 

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

 

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

 

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

 

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

 

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

 

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

 

(1)  Addiction;

 

(2)  Overdose and death;

 

(3)  Physical dependence;

 

(4)  Physical side effects;

 

(5)  Hyperalgesia;

 

(6)  Tolerance; and

 

(7)  Crime victimization;

 

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

 

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

 

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

 

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

 

Source.  #12060, eff 1-1-17

 

          Opt 504.05  Chronic Pain.  If opioids are indicated and clinically appropriate for prescription for chronic pain, prescribing licensees shall:

 

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

 

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

 

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

 

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

 

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

 

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

 

(1)  Addiction;

 

(2)  Overdose and death;

 

(3)  Physical dependence;

 

(4)  Physical side effects;

 

(5)  Hyperalgesia;

 

(6)  Tolerance; and

 

(7)  Crime victimization;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Source.  #12060, eff 1-1-17

 

         Opt 504.06  Prescription Drug Monitoring Program.

 

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

 

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

 

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

 

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

 

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

Source.  #12060, eff 1-1-17; ss by #13848, eff 3-9-24

 

          Opt 504.07  Medication Assisted Treatment.  Licensees who prescribe medication assisted treatment shall adhere to the principles outlined in the American Society of Addiction Medicine’s National Practice Guideline For the Use of Medications in the Treatment of Addiction Involving Opioid Use (2015) found at http://www.asam.org/quality-practice/guidelines-and-consensus-documents/npg/complete-guideline as cited in Appendix II. 

 

Source.  #12060, eff 1-1-17

 


CHAPTER Opt 600  PROFESSIONAL STANDARDS

 

PART Opt 601  FOLLOW-UP CARE

 

          Opt 601.01  Contact Lens Follow-Up Care.  It shall be the responsibility of the optometrist, when fitting a patient with contact lenses of any type, to provide written instructions detailing proper short-term and long-term care, and to schedule the patient for a minimum of 2 visits within 90 days following the initial fitting. To ensure safe adaptation and eye health when dispensing contact lenses, it shall be the responsibility of the optometrist to verify the fit and power of the initial lens on the patient's eye.

 

Source.  (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

 

New.  #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

 

New.  #7670, eff 4-4-02; ss by #9342, eff 12-9-08, EXPIRED: 12-9-16

 

New.  #12108, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

 

New.  #12383, eff 9-16-17

 


APPENDIX A - Statutes Implemented

 

Rule

Specific State Statute the Rule Implements

 

 

Opt 101.01

RSA 327:1; 327:2; 327:4; 327:5

Opt 102.01(a)

RSA 541-A:7

Opt 102.01(b)

RSA 327:2

Opt 102.01(c), (d), (e), (g) and (h)

RSA 541-A:7

Opt 102.01(f)

RSA 327:1, III

Opt 102.01(i)

RSA 541-A:7; 327:6-c

Opt 103.01

RSA 327:2

Opt 103.02 - 103.03

RSA 541-A:16, I(a)

Opt 104

RSA 541-A:16, I(a)

Opt 105.02 - 105.03

RSA 327:2; 541-A:16, I(a)

Opt 106

RSA 541-A:16, I(a)

 

 

Opt 201-209

RSA 327:20; 327:21; 327:22, RSA 541-A:16, I(b)(2),

RSA 541-A:30-a, I

Opt 210

RSA 327:22, II

Opt 211

RSA 541-A:16, I(c)

Opt 212

RSA 541-A:22, IV

Opt 213

RSA 541-A:16, I(d)

Opt 216

RSA 541-A:16, I(b) intro.; RSA 541-A:22, IV

Opt 217

RSA 541-A:11, VII

 

 

Opt 301.01

RSA 327:6; RSA 327:31, I

Opt 301.02

RSA 327:6; RSA 327:31, I

Opt 301.03

RSA 327:6; RSA 327:31, II

Opt 301.04

RSA 327:6; RSA 327:31, II

Opt 301.05

RSA 327:6; RSA 327:31, III

Opt 301.06

RSA 327:6; RSA 327:31, III

Opt 301.07

RSA 327:6; RSA 327:31, III

Opt 301.08

RSA 327:6; RSA 327:6-a; RSA 327:31, II-III

Opt 301.09

RSA 327:6; RSA 327:6-a; RSA 327:31, I

 

 

Opt 302.01

RSA 327:6; RSA 327:31, I

Opt 302.02

RSA 327:6; RSA 327:31, II

Opt 302.03

RSA 327:6; RSA 327:31, III

Opt 302.04

RSA 327:6; RSA 327:31, I

Opt 303.01

RSA 327:5-a; RSA 327:6; RSA 327:13; RSA 327:31, VI

Opt 304.01

RSA 327:25-a, IV; RSA 327:31, I

Opt 304.02

RSA 327:25-a, IV; RSA 327:31, IV

Opt 305.01

RSA 541-A:16, I (b) intro.; RSA 332-G:7, IV (c)

 

 

Opt 401.01

RSA 327:13, I; RSA 327:31, IV

Opt 401.02

RSA 327:13, II; RSA 327:31, IV

Opt 401.03

RSA 327:13, II; RSA 327:31, IV

Opt 401.04

RSA 327:13-a; RSA 327:31, IV

Opt 401.05

RSA 327:31, IV

Opt 401.06

RSA 327:25-a, IV; RSA 327:31, IV

Opt 401.07

RSA 327:13, I; RSA 327:25-a, IV(c); RSA 327:31, IV

 

 

Opt 402.01

RSA 327:31, V; RSA 327:33; RSA 327:33-a

Opt 402.01(a)&(b),

RSA 327:33, 327:33-a, 327:31, VII

Opt 402.02

RSA 327:31, VII; RSA 327:33

Opt 402.03

RSA 327:31, IV, VII

Opt 402.04

RSA 327:31, VII; RSA 327:33; RSA 327:33-a

Opt 402.05

RSA 327:31, VII; RSA 327:33; RSA 327:33-a; RSA 541-A:16, I (b) intro.

Opt 402.06

RSA 327:31, VII; RSA 327:33; RSA 327:33-a

Opt 402.07

RSA 327:31, VII; RSA 327:33; RSA 327:33-a; RSA 541-A:16, I (b) intro.

 

 

Opt 403

RSA 541-A:16, I (b) intro.; RSA 332-G:7, IV(b)

 

 

Opt 501.01

RSA 327:20; RSA 327:21; RSA 327:22; RSA 327:27; RSA 327:31, V

Opt 501.02

RSA 327:20; RSA 327:21; RSA 327:22; RSA 327:27; RSA 327:31, V

Opt 501.03

RSA 327:20; RSA 327:21; RSA 327:22; RSA 327:27; RSA 327:31, V

Opt 501.04

RSA 327:20; RSA 327:21; RSA 327:22; RSA 327:27; RSA 327:31, V

Opt 501.05

RSA 327:20; RSA 327:21; RSA 327:22; RSA 327:27; RSA 327:31, V

 

 

Opt 502.01

RSA 327:20; RSA 327:21; RSA 327:22; RSA 327:27; RSA 327:31, V

Opt 502.02

RSA 327:20; RSA 327:21; RSA 327:22; RSA 327:27; RSA 327:31, V

Opt 502.01, 502.02 (a)-(s)

RSA 327:31, V; 327:20, II(c)

Opt 502.02 intro & (u)

RSA 327:31, V, 327:20

Opt 502.02 (a)-(t)

RSA 327:31, V; 327:20, II(c)

Opt 502.03

RSA 327:25-a; RSA 327:31, V

Opt 503

RSA 327:13-a; 327:31, V

Opt 504

RSA 327:31, V, X

Opt 504.06

RSA 327:31, IV and VIII

 

 

Opt 601

RSA 327:31, V

 


 

 

APPENDIX B - Incorporation By Reference Information

 

 

 

Opt 504.07

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

No cost to download from:

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