CHAPTER Plc 800  TEMPORARY AND EMERGENCY LICENSURE OF HEALTH CARE AND OTHER PROFESSIONALS

 

Statutory Authority: RSA 310-A:1-d, II(h)

 

REVISION NOTE:

 

         Document #13011, effective 3-24-20, adopted Plc 800 as an emergency rule titled “Emergency Licensure”, containing Part Plc 801 titled “Scope and Duration” and Part Plc 802 titled “Procedures for Applying for an Emergency License” containing 2 rules—Plc 802.01 titled “Method of Applying for an Emergency License” and Plc 802.02 titled “Processing of Applications.”  Document #13011 implemented the Governor’s Emergency Order #15, effective 3-23-20, but as an emergency rule Plc 800 expired 9-20-20 pursuant to RSA 541-A:18, I. 

 

         Document #13027, effective 4-9-20, readopted with amendment Plc 802.02 as an emergency rule, which expired 10-6-20.

 

         Plc 800 was adopted again, with the amendment in Plc 802.02, by the Governor’s Emergency Order #29, Exhibit P, effective 10-15-20, after the emergency rules expired.

 

         Document #13145, effective 12-11-20, adopted Plc 802.03 as an emergency rule titled “Method of Applying for a Student Nursing Emergency License”, which expired 6-9-21. Document #13145 implemented the Governor’s Emergency Order #75, effective 12-10-20.

 

         Document #13153, effective 12-31-20, then adopted Plc 802.04 as an emergency rule  titled “Method of Applying for a Licensed Nursing Assistant (LNA) Emergency License.” Document #13153 implemented the Governor’s Emergency Order #78, effective 12-30-20. 

 

         The expiration of the State of Emergency by the Governor at midnight June 11, 2021 terminated the Emergency Orders still in effect.  Plc 802.03 in Document #13145 had already expired 6-9-21 as an emergency rule. 

 

         Document #13213, effective 6-11-21, adopted Plc 800 again as an emergency rule, with the exception of Plc 802.04 in Document #13153 which was still in effect.  Plc 800 was now re-titled “Temporary Licensure”, with changes from the rules in Document #13011 and #13027.  Document #13213 contained Part Plc 801 titled “Scope and Duration” and Part Plc 802 titled “Procedures for Applying for a Temporary License”.  Part Plc 801 contained 2 rules—Plc 801.01 titled “Scope” and Plc 801.02 titled “Duration.”  Part Plc 802 contained 2 rules—Plc 802.01 titled “Method of Applying for a Temporary License” and Plc 802.02 titled “Processing of Applications.”  Plc 802.04 in Document #13153 expired as an emergency rule 6-29-21.

 

         Document #13262, effective 9-17-21, adopted Plc 803 titled “Emergency Licensure under Laws of 2021, 121:2” as an emergency rule, containing Plc 803.01 through Plc 803.07.  The rules in Document #13262 expired 3-16-22.

 

         Document #13292, effective 11-24-21, readopted with amendment the rules in Document #13213 as regular rules before they would have expired as emergency rules on 12-8-21. Chapter Plc 800 was re-titled “Temporary and Emergency Licensure of Health Care and Other Professionals.”  The former Part Plc 801 titled “Scope and Duration” was readopted with amendment and re-titled “Temporary Licensure”, and the former Plc 801.01 and Plc 801.02 were readopted with amendments and renumbered as Plc 801.01 through Plc 801.03.  The former Plc 802.01 titled “Method of Applying for a Temporary License” was readopted with amendment and renumbered as Plc 801.04 through Plc 801.06.  The former Plc 802.02 titled “Processing of Applications” was readopted with amendment and renumbered as Plc 801.07.  Part Plc 802 was reserved.

 

         Document #13319, effective 12-23-21, then adopted Part Plc 802 as an emergency rule and was titled “Expedited Issuance of Temporary Licenses; Conversion of Emergency Licenses to Temporary Licenses”, containing Plc 802.01 through Plc 802.04, and which expired 6-21-22.

 

PART Plc 801  TEMPORARY LICENSURE

 

         Plc 801.01  Purpose.  The purpose of the rules in Plc 801 is to implement RSA 310-A:1-f relative to temporary licensure of health care professionals and RSA 332-G:14 relative to temporary licensing of professionals licensed under Title XXX and the trades, professions, and businesses regulated by the mechanical licensing board under RSA 153:27 through RSA 153:38.

 

Source.  (See Revision Note at chapter heading for Plc 800) #13292, eff 11-24-21

 

         Plc 801.02  Applicability.

 

         (a)  Except as provided in (b) and (c), below, Plc 801 shall apply to any out-of-state professional whose profession is licensed within this state and who has an active license in good standing in another jurisdiction.

 

         (b)  As provided in RSA 332-G:14, II, Plc 801 shall not apply to any profession for which the regulatory board, commission, or council has:

 

(1)  Determined that another state’s licensure is not comparable to New Hampshire’s in education, training, experience, or scope of practice; and

 

(2)  Published the determination on its website.

 

         (c)  No person who already holds a New Hampshire license shall apply for a temporary license under RSA 310-A:1-f, RSA 332-G:14, or Plc 801.

 

Source.  (See Revision Note at chapter heading for Plc 800) #13292, eff 11-24-21

 

         Plc 801.03  Duration.  As provided in RSA 310-A:1-f, II and RSA 332-G:14, IV, a temporary license issued under Plc 801 shall remain valid for 120 days or until the board, council, or commission takes action on application for full licensure, whichever occurs first.

 

Source.  (See Revision Note at chapter heading for Plc 800) #13292, eff 11-24-21

 

         Plc 801.04  Applications for Temporary License.  An applicant for a temporary license shall submit the information and verification specified in Plc 801.05, the acknowledgement and attestation specified in Plc 801.06, and the temporary license application fee specified in Plc 1001 electronically to the executive director of the office of professional licensure and certification (OPLC) via the state’s licensing portal at the following address: https://www.app-support.nh.gov/licensing/. 

 

Source.  (See Revision Note at chapter heading for Plc 800) #13292, eff 11-24-21

 

         Plc 801.05  Information and Verification Required to Apply for a Temporary License.  An applicant for a temporary license shall provide the following information and verification:

 

         (a)  Preferred prefix, such as “Mr.”, “Mrs.” or “Dr.”, and full name;

 

         (b)  Social security number, as required by RSA 161-B:11, VI-a;

 

         (c)  Date of birth, including the month, day, and year;

 

         (d)  Home address, including the city, state, zip code, and country;

 

         (e)  Telephone number including area code;

 

         (f)  Personal email address;

 

         (g)  Identification of each state where the professional holds an active license and whether the license is in good standing;

 

         (h)  An answer to the question “Have you committed any acts or omissions that are grounds for disciplinary action in another jurisdiction?”

 

         (i)  If the answer to the question in (h) is in the affirmative, a detailed letter of explanation explaining the circumstances for the disciplinary action; and

 

         (j)  Verification of licensure from a state listed in (g) that has licensure requirements in the applicable profession that are equivalent to or greater than those of New Hampshire, in the form of an official verification or a printout from an online license verification system.

 

Source.  (See Revision Note at chapter heading for Plc 800) #13292, eff 11-24-21

 

         Plc 801.06  Required Acknowledgement and Attestation.  An applicant for a temporary license shall provide the following acknowledgement and attestation by indicating:

 

         (a)  Agreement with the following statement:

 

“I acknowledge that knowingly making a false statement on this application is a misdemeanor under RSA 641.  I certify that the information I have provided on the application for temporary licensure and in the documents that I have submitted to support my application is true, complete, and not misleading to the best of my knowledge and belief.  I understand knowingly providing false or misleading information constitutes grounds for denial of the application or revocation of any license issued based on the information.”; and

 

         (b)  Agreement with the following statement:

 

“I attest that I am the applicant who has completed this application for a license and will receive and practice under said license.”

 

Source.  (See Revision Note at chapter heading for Plc 800) #13292, eff 11-24-21

 

         Plc 801.07  Processing of Applications.

 

         (a)  As required by RSA 332-G:14, IV, the executive director of the OPLC shall grant a temporary license to each applicant who is a professional in a profession that is subject to this part and who provides all items specified in Plc 801.04, including without limitation proof that he or she holds an equivalent license in good standing in another jurisdiction and has committed no acts or omissions that are grounds for disciplinary action in another jurisdiction.

 

         (b)  If the information submitted by the applicant shows that the applicant does not qualify for a temporary license, the executive director shall deny the application.

 

         (c)  If the information submitted by the applicant is insufficient to allow the executive director to issue or deny a temporary license, the executive director shall request the applicant to provide the additional information needed to allow a determination to be made.

 

Source.  (See Revision Note at chapter heading for Plc 800) #13292, eff 11-24-21

 

 

 

APPENDIX

 

Rule

Specific State Statute the Rule Implements

Plc 801

RSA 310-A:1-f; RSA 332-G:14