CHAPTER
Plc 1500 RESPIRATORY CARE PRACTITIONERS
Statutory
Authority: RSA 326-E:2
The Governing Board of Respiratory Care
Practitioners was established under RSA 328-F:3, I pursuant to 1997, 287:1 and
287:18, effective 1-1-98. This
legislation transferred responsibility over respiratory care practitioners from
the Board of Medicine under RSA 326-E to the Governing Board of Respiratory
Care Practitioners and the Office of Licensed Allied Health Professionals under
RSA 326-E and RSA 328-F.
Pursuant to 1997, 287:58, effective
1-1-98, the existing administrative rules of the Board of Medicine relative to
respiratory care practitioners (Med 1000) under RSA 326-E remained in effect
until amended, replaced, or repealed through adoption of rules by the Board of
Directors of the Office of Licensed Allied Health Professionals under RSA
328-F:13 and the Governing Board of Respiratory Care Practitioners under RSA
328-F:11, IV and RSA 326-E:3.
Pursuant to 2022, 72:10 and 72:15,
effective 7-19-22, the Governing Board of Respiratory Care Practitioners was
renamed and re-established as the Advisory Board of Respiratory Care
Practitioners under RSA 326-E:1, I and RSA 326-E:5. The former rulemaking authority of the
Governing Board of Respiratory Care Practitioners was transferred to the
Executive Director of the Office of Professional Licensure and Certification
(OPLC) under RSA 326-E:2.
The Executive Director of the OPLC
adopted Chapter Plc 1500 governing respiratory care practitioners as an interim
rule in Document #13496, effective 11-24-22.
The Executive Director subsequently adopted and filed Document #13529,
effective 1-25-23, repealing Chapter Resp 100 through Chapter Resp 500 of the
former Governing Board of Respiratory Care Practitioners. The repeal of Chapter Resp 100 through
Chapter Resp 500 meant that Document #13496 replaced all prior filings
affecting rules of the former Governing Board of Respiratory Care
Practitioners.
The prior
filings affecting the former Chapter Resp 100 through Chapter Resp 500 included
the following documents, where italics indicate the rules were subject to
expiration only pursuant to RSA 541-A:17, II:
#8166, effective 9-11-04,
on Resp 100
#8167, effective 9-11-04,
on Resp 200
#8168,
effective 9-11-04, on Resp 200
#8427, effective 9-10-05, on
Resp 300
#9067, effective 1-11-08, on
Resp 300
#9068, effective 1-11-08, on
Resp 400
#9561, effective 10-10-09, on
Resp 400
#9693, effective 4-13-10, on
Resp 500
#9955, effective 7-16-11, on
Resp 100
#9957-A, effective 7-16-11, on
Resp 300
#9957-B, effective 7-16-11,
on Resp 300 (form)
#9958-A, effective 7-16-11, on
Resp 400
#9958-B, effective 7-16-11,
on Resp 400 (form)
#10183, effective 9-18-12,
on Resp 200
#10184, effective 9-18-12, on
Resp 300
#10200, effective10-17-12, on
Resp 400
#10405, effective 8-30-13, on
Resp 300
#10406, effective 8-30-13, on
Resp 400
#10669, effective 9-13-14, on
Resp 400
#10670, effective 9-13-14, on
Resp 400
#10946, effective 10-10-15, on
Resp 300
#10947, effective 10-10-15, on
Resp 400
#12002, effective 10-14-16, on
Resp 400
#12004, effective 10-14-16, on
Resp 500
#13142, effective 12-9-20,
on Resp 100 and Resp 200
#13143, effective 12-9-20, on
Resp 300
REVISION
NOTE #2:
Amendments in Document #13621 included
the insertion of new rules in Chapter Plc 1500 as well as the deletion of
certain existing rules which had been filed in Document #13496. These amendments necessitated the renumbering
of other existing rules in the chapter.
The former rule numbers are indicated in the source notes.
The new rules in
Document #13621 included the following rules:
Plc 1502.04 defining “Criminal Records
Check”.
Plc 1502.16
defining “Military Spouse.”
Plc 1502.17
defining “On Active Military Duty.”
Plc 1502.19
defining “Personal Contact Information.”
Plc 1504.09 titled
“Challenging a Conditional Denial of Initial Licensure.”
Plc 1504.11 titled
“Facilitated Licensing for Active Duty Military and
Military Spouses.”
Plc 1504.12 titled
“Temporary License.”
Part Plc 1506
titled “Respiratory Care Students”, as follows:
Plc 1506.01
titled “Purpose and Applicability.”
Plc 1506.02
titled “Internships Allowed.”
Plc 1506.03
titled “Requirements for Approved Courses and Programs.”
Plc 1508.09 titled
“Challenging a Conditional Denial of License Renewal.”
Document #13621
also extensively amended Part Plc 1511 titled “Management of Respiratory Care Equipment”,
replacing Plc 1511.01 titled “Assignment of Routine Tasks” and Plc 1511.02
titled “Delivery of Respiratory Care Equipment”, with Plc 1511.01 titled
“Purpose”, Plc 1511.02 titled “Definitions”, and Plc 1511.03 titled “Management
of Respiratory Care Equipment.”
The existing rules in
Document #13496 that were deleted in Document #13621, based on the adoption of
standard licensing procedures in Plc 300 in Document #13606, effective 5-1-23, included
the following rules:
Plc 1504.06 titled
“Signature and Certification Required for Initial License Application.”
Part Plc 1506
titled “Temporary Licenses”, as follows:
Plc 1506.01
titled “Availability of Temporary Licenses.”
Plc 1506.02
titled “No More than One Temporary License.”
Plc 1506.03
titled “Requirements for Temporary License.”
Plc 1506.04
titled “Information Required on Application for Temporary License.”
Plc 1506.05
titled “Issuance and Expiration of Temporary Licenses; Obligations of
Temporary Licensees.”
Plc 1508.04 titled
“Information Required for Renewal Application.”
Plc 1508.07 titled
“Signature and Certification Required for Renewal Application.”
PART Plc 1501 PURPOSE
AND APPLICABILITY;
SENDING NOTICES AND LICENSES
Plc 1501.01 Purpose. The purpose of this chapter is to implement
RSA 326-E relative to regulating respiratory care practitioners, by
establishing requirements for:
(a)
Obtaining and renewing a license to practice respiratory care;
(b)
Obtaining the reinstatement of a license to practice respiratory care
that has expired or otherwise been rendered inactive or invalid; and
(c)
Regulating the practices of licensed respiratory care practitioners.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1501.02 Applicability. This chapter shall apply to any individual
who intends to practice or who does actually practice
respiratory care in New Hampshire, subject to the exceptions in RSA 326-E:6,
reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1501.03 Notifications; Issuance of Licenses.
(a)
All notifications sent to applicants and licensees and all licenses
issued pursuant to this chapter shall be sent to the applicant’s or licensee’s
designated email address.
(b)
All notifications and licenses sent to a designated email address for
which the OPLC does not receive any indication that the email was not delivered
shall be deemed to have been received by the individual who designated the
email address.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
PART
Plc 1502 DEFINITIONS
Plc 1502.01 “Active in the profession” means engaging in
respiratory care as a direct care provider, an educator, an administrator, or a
respiratory care consultant.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1502.02 “Advisory board” means the advisory board of respiratory
care practitioners
established pursuant to RSA 326-E:5.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1502.03 “Certified pulmonary function technician (CPFT)” means
“certified pulmonary function technician” as defined in RSA 326-E:1, II,
reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1502.04 “Criminal records check” means the process
undertaken by the NH department of safety (NHDOS) that requires live scanned
prints to be taken digitally and submitted electronically to the NH criminal
records unit and the FBI. The term
includes a “criminal history record” but does not include an “online NH
criminal conviction check”.
Source. (See Revision Note #2 at chapter heading for
Plc 1500) #13621, eff 5-22-23
Plc 1502.05 “Contact hour” means a unit of measure of
continuing professional education that equals 60 minutes of time unless used as
a time-equivalent, such as one contact hour per college credit as in Plc
1507.07(b) or 12 contact hours for passing a specialty exam as in Plc
1507.09(b).
Source.
(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.05) (see Revision Note #2 at
chapter heading for Plc 1500)
Plc 1502.06 “Continuing professional education” means
structured courses, activities, and experiences that are beyond entry-level
preparation for professional licensing and designed to provide advanced or
enhanced knowledge in the field of respiratory care. The term includes “continuing education”.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.04) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc
1502.07 “Cooperate” means to provide
information requested by an investigator during an investigation and to answer
any questions posed by the investigator in order to enable the executive director to
determine compliance with RSA 326-E and Plc 1500.
Source.
(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc
1502.06) (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1502.08 “Designated email address” means the email
address provided by an applicant or licensee as the address for the OPLC to use
when sending notifications and licenses.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.07) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.09 “Direct supervision” means supervision
through direct and continuous observation of the activities of the individual
being supervised.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.08) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.10 “Executive director” means the executive
director of the office of professional licensure and certification (OPLC) or
designee.
Source.
(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc
1502.09) (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1502.11 “Indirect supervision” means supervision
through the supervisor’s review of the treatment progress notes made by the
individual being supervised, telephone conversations between the supervisor and
the individual being supervised, electronic correspondence between the
supervisor and the individual being supervised, or any other form of
supervision that is not direct supervision.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.10) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.12 “Investigator” means an individual authorized
by the executive director to conduct an investigation into
allegations of potential violations by a practitioner of applicable provisions
in RSA 326-E or Plc 1500, or both.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.11) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.13 “License” means “license” as defined in RSA
541-A:1, VIII, namely “the whole or part of any agency permit, certificate,
approval, registration, charter or similar form of permission required by law.” For purposes of providing information on
professional activities in other jurisdictions, the term includes license,
certificate, registration, or any other form of approval required to practice
respiratory care in that jurisdiction.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.12) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.14 “Licensing bureau” means the organizational
unit within the OPLC’s division of licensing and board administration that is
responsible for accepting and processing applications.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.13) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.15 “Live programming” means educational
programming presented by an instructor or by a panel of instructors that is
available to attendees at the time it is being originally presented. The term includes a program attended remotely
using a computer or other audio-visual telecommunications equipment, provided
the attendee has an opportunity during the program to ask questions about the
material presented that are answered by the instructor(s).
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.14) (see Revision Note #2 at chapter heading for
Plc 1500)
Source. (See Revision
Note #2 at chapter heading for Plc 1500) #13621, eff
5-22-23
Source. (See Revision Note #2 at chapter heading for
Plc 1500) #13621, eff 5-22-23
Plc 1502.18 “National Board for Respiratory Care, Inc.
(NBRC)” means “National Board for
Respiratory Care, Inc.” as defined in RSA 326-E:1, IV, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.15) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.19 “Personal contact information” means an
individual’s home or personal telephone number, designated email address, home
physical address, and home mailing address if different.
Source. (See Revision Note #2 at chapter heading for
Plc 1500) #13621, eff 5-22-23
Plc 1502.20 “Plan of correction” means a list of specific
actions to be taken with a deadline for taking each action, to reflect how a
licensee will correct a violation of, and come into compliance with, Plc 1500
and RSA 326-E.
Source.
(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc
1502.16) (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1502.21
“Registered polysomnographic technologist (RPSGT)” means “registered
polysomnographic technologist” as defined in RSA 326-E:1, VIII, reprinted in
Appendix C.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.17) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.22 “Registered pulmonary function technologist
(RPFT)” means “registered pulmonary function technologist” as defined in RSA
326-E:1, IX, reprinted in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.18) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.23 “Respiratory care” means “respiratory care” as
defined in RSA 326-E:1, X, reprinted in Appendix C. The term includes “respiratory therapy”.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.19) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.24 “Respiratory care educational program” means
“respiratory care educational program” as defined in RSA 326-E:1, XI, reprinted
in Appendix C.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.20) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.25 “Respiratory care practitioner” means
“respiratory care practitioner” as defined in RSA 326-E:1, XII, reprinted in
Appendix C.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.21) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1502.26 “Working day” means any Monday through
Friday, excluding days on which state offices are closed in observation of
holidays.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1502.22) (see Revision Note #2 at chapter heading for
Plc 1500)
PART
Plc 1503 ADVISORY BOARD
Plc 1503.01 Advisory Board Members Appointment and
Qualifications.
(a)
As required by RSA 326-E:5, the executive director shall establish
an advisory board of respiratory care practitioners
consisting of 3 members, who shall be licensed respiratory
care practitioners.
(b) As provided in RSA 326-E:5:
(1) Each member shall be appointed to a term of 3
years; and
(2)
No member shall serve more than 2 consecutive full terms.
(c)
Each of the licensed respiratory care practitioners appointed
to the advisory board shall:
(1) Have been certified by the National Board for
Respiratory Care, Inc. (NBRC) for at least 3 years preceding the appointment;
(2) Be currently licensed in New Hampshire when
appointed and for the duration of the term; and
(3) Have actively practiced in New Hampshire for
at least one year immediately preceding appointment to the advisory board.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1503.02 Meetings and Records of Advisory Board.
(a)
The advisory board shall meet at the call of the executive director.
(b)
Meetings of the advisory board shall be held at the OPLC’s offices in
Concord, NH, or in such location as the executive director determines will be
most convenient for the largest number of anticipated attendees.
(c)
Notice of meetings shall be provided as required by RSA 91-A.
(d)
Records of the advisory board shall be maintained by the executive
director as required by RSA 91-A.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1503.03 Responsibilities of Advisory Board.
(a)
As provided in RSA 326-E:5, the advisory board shall advise
the executive director regarding the implementation of RSA 326-E, including in particular by reviewing and commenting on proposed rules
and proposed revisions to rules intended to implement RSA 326-E.
(b)
If requested by the executive director based on a determination that the
expertise of the advisory board members is needed, members of the advisory
board shall sit as part of a panel for an adjudicative hearing conducted
pursuant to applicable provisions in Plc 200 and RSA 541-A.
(c)
If requested by the executive director based on a determination that the
expertise of the advisory board members is needed, the advisory board shall
assist with an investigation commenced pursuant to Plc 204 relative to
complaints and investigations.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1503.04 Records of Predecessor Board. The records of the respiratory care
practitioners governing board that existed prior to July 19, 2022, the
effective date of Laws of 2022, ch. 72, shall be:
(a)
Retained by the executive director in accordance with the retention
schedule established pursuant RSA 310-A:1-d, II(e) and available in the frequently asked questions (FAQ) section of the
OPLC website at https://www.oplc.nh.gov; and
(b)
Available for public review as provided in Plc 100.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
PART
Plc 1504 INITIAL LICENSURE
Plc 1504.01 Statutory Qualifications.
(a)
As required by RSA 326-E:3, I, to qualify for an initial license to
practice respiratory care an applicant shall be of good professional character
and:
(1) Be a graduate of a respiratory care
educational program; or
(2) Have successfully completed and achieved a
passing score for the entry level exam administered in English by the NBRC
prior to July 31, 1977;
(b)
As required by RSA 326-E:3, II and as further explained in Plc 1504.02,
an applicant for initial licensure shall also pass a standardized national
examination administered in English by the NBRC or by its successor
organization.
(c)
As required by RSA 326-E:3, III, an applicant for initial licensure
shall certify under oath that the applicant is not under investigation by any
professional licensing board and that the applicant’s credentials have not been
suspended or revoked by any professional licensing board.
(d)
As required by RSA 326-E:3, IV, an applicant for initial licensure who
has not practiced as a respiratory care practitioner for at least 500 hours per
year during the 4 years prior to filing the application shall successfully
complete continuing education and continuing competence requirements set forth
in Plc 1505.01.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1504.02 Examination Required. To be eligible for licensure in New
Hampshire, an individual shall:
(a)
Pass the examination(s) administered in English by the NBRC to earn the
certified respiratory therapist (CRT) credential or the registered respiratory
therapist (RRT) credential; and
(b)
Arrange for the individual’s examination scores to be sent directly to
the licensing bureau by the NBRC.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1504.03 Applying for Initial Licensure.
(a)
Any individual who meets the statutory qualifications as reiterated in
Plc 1504.01 and wishes to engage in the practice of respiratory care who is not
already licensed in New Hampshire shall file an application for an initial
license in accordance with this section.
(b)
Each applicant for initial licensure shall submit to the licensing
bureau:
(1) A “Universal Application for Initial License”
dated April 2023, as tailored for respiratory care licenses, that contains the
information specified in Plc 304.03
and Plc 1504.04 and is signed and attested to as specified in Plc
304.05;
(2) The documentation specified in Plc 304.04 and
Plc 1504.05 as applicable; and
(3) An application processing fee of $165.
(c)
Each applicant shall also complete the process established by the NHDOS
for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or
directly at https://services.dos.nh.gov/chri/cpo/,
including paying any required fee and directing that the results be sent to the
licensing bureau.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1504.04 Information Required for
Initial License Application. In
addition to the information required by Plc 304.03, the applicant for an initial license
to practice respiratory care shall provide the following information:
(a) In addition to the required information about
the applicant’s relevant education, whether the program was accredited by the
American Medical Association’s Committee on Allied Health Education and
Accreditation in collaboration with the Joint Review Committee for Respiratory
Therapy Education, by the Committee on Accreditation for Respiratory Care, or
by the Commission on Accreditation of Allied Health Education Programs, or a
successor organization to any of these organizations, if known;
(b) The date the applicant sat for one of the
examinations required by Plc 1504.02(a) and the credential earned; and
(c) The number of hours the applicant has been
active in the profession in each of the prior 4 consecutive 12-month periods.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1504.05 Documentation Required for Initial License
Application. In addition to the information and
documentation required by Plc 304.04, the applicant shall provide the
following with an application for initial licensure:
(a)
Documentation of current certification by the NBRC; and
(b)
If the applicant is subject to conditional licensure pursuant to Plc
1504.08(c) based on RSA 326-E:3, IV, both a completed supervision form as
described in Plc 1505.03 and the following proofs of having met the competency
requirements of Plc 1505.01:
(1) For the courses described in Plc 1505.01(a)
and (b), proofs of attendance showing:
a. The name of the applicant;
b. The name or main topic of the course;
c. The beginning and ending dates of the course;
d. The duration of the course in hours; and
e. The signature of a representative of the
course sponsor or provider; and
(2) For the NBRC self-assessment examination
described in Plc 1505.01(c), the applicant’s scores sent directly to the
licensing bureau by the NBRC.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1504.06 Initial Review of
Applications for Initial Licensure; Abandonment.
(a)
Within 30 days of receipt of an
application for initial licensure submitted pursuant to Plc 1504.03, the
licensing bureau shall process
the application as provided in Plc 304.06.
(b) The application shall be subject to the
abandonment provisions of Plc 304.06(h).
(c) If the application is abandoned, the
application processing fee shall not be refunded.
Source. (See Revision
Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff
11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1504.07) (see Revision Note
#2 at chapter heading for Plc 1500)
Plc 1504.07 Withdrawal of Application for Initial
Licensure.
(a)
An applicant may withdraw an application for licensure at any time prior
to being notified of a decision under Plc 1504.08, by proceeding in accordance
with Plc 304.07.
(b)
If the application is withdrawn, the application processing fee shall
not be refunded.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1504.08) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc
1504.08 Review of Complete
Applications for Initial Licensure; Decisions.
(a) After determining that an application is
complete, the licensing
bureau shall
review the application to determine whether the applicant meets all criteria
specified in applicable law for a license to practice respiratory care.
(b) Subject to (c), below, the licensing bureau
shall approve an application for initial licensure and issue a license if the
applicant:
(1)
Has submitted an application that meets the requirements of Plc 1504.03;
and
(2)
Meets the statutory requirements for licensure reiterated in Plc
1504.01.
(c) The licensing bureau shall issue a
conditional license that is subject to Plc 1505 to an applicant otherwise
eligible for initial licensure if the applicant has been:
(1)
Active in the profession fewer than 500 hours during each 12-month
period for 4 consecutive 12-month periods and meets the competency requirements
of Plc 1505.01; or
(2)
Active in the profession fewer than 1750 hours after passing one of the
examinations described in Plc 1504.02.
(d) The licensing bureau shall notify the
applicant of the decision on the application in writing sent to the applicant’s
designated email address.
(e) If the licensing bureau determines that the
applicant has not demonstrated that all requirements to obtain a license or a
conditional license are met, then:
(1)
The licensing bureau shall conditionally deny the application; and
(2)
The notice sent pursuant to (d), above, shall inform the applicant that
the denial shall become final in 30 days unless the applicant requests a
hearing in writing within 30 days.
(f) If the application is denied in accordance
with (e), above, the application processing fee shall not be refunded.
Source. (See Revision
Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff
11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1504.09) (see Revision Note
#2 at chapter heading for Plc 1500)
Plc 1504.09 Challenging a Conditional Denial of
Initial Licensure. An applicant who
wishes to challenge the conditional denial of an application for initial
licensure shall do so as provided in Plc 304.10.
Source. (See Revision Note #2 at chapter heading for
Plc 1500) #13621, eff 5-22-23
Plc 1504.10 Initial Licenses: Issuance and Duration.
(a)
Each initial license to practice respiratory care issued by the OPLC
shall specify:
(1) The name of the licensee;
(2) The effective date of the license; and
(3) The license number.
(b)
An initial license that is not conditional shall:
(1) Be valid for 2 years from the month of
issuance as provided in RSA 310-A:1-h, III, provided that the timely filing of
a complete renewal application shall continue the validity of the license being
renewed until final action is taken on the renewal application;
(2) Expire on the last day of the month in which
the license was issued unless a timely and complete renewal application is filed or the license is sooner suspended or revoked in
accordance with Plc 1510; and
(3) Be subject to renewal.
(c)
A conditional license shall be valid as provided in Plc 1505.02(b).
(d)
A conditional licensee shall at all times be
subject to the same disciplinary sanctions as are holders of full licenses.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1504.11 Facilitated Licensing for Active Duty Military and Military Spouses.
(a)
An applicant for licensure who is on active military duty or who is a
military spouse shall apply for licensure as provided in Plc 1504.03, except
that no application processing fee shall be required.
(b)
Each applicant who applies for facilitated licensing under this section
shall be eligible to obtain a facilitated license if the applicant:
(1) Meets the qualifications for licensure
summarized in Plc 1504.01; or
(2) Is licensed or registered in another
jurisdiction, provided that the other jurisdiction’s licensure or registration
requirements are substantially equivalent to, or more stringent than, New
Hampshire’s requirements as described in Plc 1504.01.
(c)
Any individual who obtains a facilitated license under this section
shall comply with all license renewal requirements specified in Plc 1508 if the
individual wishes to continue to work as a recreational therapist in New
Hampshire after the term of the initial license.
Source. (See Revision Note #2 at chapter heading for
Plc 1500) #13621, eff 5-22-23
Plc 1504.12 Temporary License.
(a)
An applicant for an initial license to practice respiratory care may
apply for a temporary license as provided in Plc 305 or Plc 306, as applicable,
if the individual is licensed and in good standing in another U.S. jurisdiction
having requirements for respiratory care licensure that are substantially the
same as, or more stringent than, New Hampshire’s.
(b)
The holder of a temporary license shall comply with:
(1) All ethical and professional standards that
apply to full licensees; and
(2) Plc 1507.01 relative to required
notifications.
Source. (See Revision Note #2 at chapter heading for
Plc 1500) #13621, eff 5-22-23
PART
Plc 1505 CONDITIONAL LICENSES
Plc 1505.01 Competence Requirements for Conditional
Licenses. To obtain a conditional
license under Plc 1504.08(c)(1), the applicant shall, within the calendar year
immediately preceding the submission of an application for initial licensure:
(a)
Complete 12 contact hours of professional respiratory care courses that
are:
(1) Described by the course sponsors or providers
as review courses; and
(2) Approved by:
a. The American Medical Association’s Committee
on Allied Health Education and Accreditation in collaboration with the Joint
Review Committee for Respiratory Therapy Education or its successor
organization;
b. The Committee on Accreditation for
Respiratory Care or its successor organization;
c. The Commission on Accreditation of Allied
Health Education Programs or its successor organization; or
d. The American Association for Respiratory Care
(AARC) or its successor organization;
(b)
Complete an additional 6 contact hours of continuing education in:
(1) Current treatment or management of infectious
diseases;
(2) Advances in the pharmacologic treatment of
the cardio-pulmonary system;
(3) New modes of respiratory care; or
(4) Any other current topics in respiratory care;
and
(c)
Take and score in the passing range on all parts of the NBRC
self-assessment examination designed for the highest NBRC credential the
applicant has obtained.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1505.02 Conditional Licenses; Supervision.
(a)
A conditional license shall limit the licensee to practicing under the
following supervision by one or more individuals who are licensed to practice
respiratory care in New Hampshire without conditions or limitations:
(1) Direct supervision, as defined in Plc
1502.09, for not less than 10 percent of the hours worked each week; and
(2) Indirect supervision, as defined in Plc
1502.11, for not less than 10 percent of the hours worked each week.
(b)
A conditional license shall remain valid for no more than 26 weeks
unless:
(1) Its validity is extended pursuant to Plc
1505.07 or Plc 1505.08; or
(2) It is sooner suspended or revoked in
accordance with Plc 1505.09 or Plc 1510.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1505.03 Supervision Form.
(a)
The supervision form required by Plc 1504.05(b) shall be the
“Supervision of Respiratory Care Conditional Licensee” form dated January 2023,
as further described in (e), below.
(b)
The individual to be supervised shall:
(1) Legibly complete part I of the form, entitled
“To be completed by the Applicant/Conditional Licensee (individual to be
supervised)”; and
(2) Give the form to the individual who will
provide supervision.
(c)
The individual who intends to provide supervision shall:
(1) Legibly complete part II of the form,
entitled “To be completed by the Supervisor”;
(2) Sign and date the form; and
(3) Return the form to the licensing
bureau.
(d)
The signature required on the form by (c), above, shall constitute the
supervisor’s attestation that
the supervisor:
(1) Is licensed to practice respiratory care in
New Hampshire without limitation or restriction;
(2) Has read and understands Plc 1505 governing
the supervision;
(3) Agrees to undertake the duties of
supervision;
(4) Agrees to take responsibility for the acts
and omissions of any individual to whom the signer delegates the duties of
supervision under Plc 1505.04; and
(5) Understands that the failure of the signer or
the signer’s delegate to follow the rules governing the supervision has the
potential to subject the signer to disciplinary sanctions.
(e) The “Supervision of Respiratory Care
Conditional Licensee” form dated January 2023 shall comprise 2 parts, as
follows:
(1) Part I, entitled “To be completed by the
Applicant/Conditional Licensee (individual to be supervised)”, shall require
the applicant or conditional licensee to provide the following information:
a. The individual’s full legal name;
b. The date the application is being submitted;
and
c. If the individual’s place of employment is
known, the name, address, and telephone number of the place of employment; and
(2) Part II, entitled “To be completed by the
Supervisor”, shall require the supervisor to provide the following information:
a. The supervisor’s full legal name and New
Hampshire license number;
b. The name, address, and telephone number of
the supervisor’s employer;
c. The name, location, and telephone number of
the site where the supervision will occur; and
d. The date the supervision is anticipated to
start and the date the supervision is anticipated to end.
(f)
If the identified supervisor becomes unable to serve as the supervisor
for any reason that is not temporary as provided in Plc 1505.04, the
conditional licensee shall complete the steps in (b) through (d), above, with a
new supervisor.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1505.04 Temporary Delegation of Supervisory
Responsibilities.
(a)
If a supervisor is unable for any reason to perform the responsibilities
of supervision, the supervisor shall:
(1) Delegate the responsibilities on a temporary
basis to an individual who is licensed to practice respiratory care in New
Hampshire without conditions or limitations, if the circumstances causing the
need for the delegation are expected to exist for 5 or fewer days on which
direct supervision or indirect supervision of the conditional licensee is
scheduled; or
(2) Inform the conditional licensee that a new
supervisor will be needed, if the circumstances causing the need for the
delegation are expected to exist, or actually do
exist, for more than 5 days on which direct supervision or indirect supervision
of the conditional licensee is scheduled and the schedule cannot be changed to
accommodate the circumstances.
(b)
The supervisor identified on the supervision form submitted to the OPLC
shall retain the ultimate responsibility for the conditional licensee’s
supervision even if supervision is delegated pursuant to (a)(1), above.
(c)
A licensee to whom responsibility has been delegated pursuant to (a)(1),
above, shall not further delegate any supervisory responsibilities.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1505.05 Requirements for Full Initial Licensure of
Conditional Licensees.
(a)
In order to achieve full licensure, a conditional licensee shall, within
the period of validity of the conditional license:
(1) Practice under the supervision required by
Plc 1505.03(a) for at least 12 weeks if practicing 32 hours or more each week
or for at least 24 weeks if practicing fewer than 32 hours each week; and
(2) Demonstrate competency as documented by at
least one supervisory letter that complies with (b), below.
(b)
Each supervisory letter demonstrating competency shall:
(1) Be on business stationery, dated and signed
by the supervisor;
(2) Be submitted directly to the licensing bureau
by the supervisor;
(3) Include the statement that the requirements
of Plc 1505.05(a)(1) were met; and
(4) Include the statement that, in the opinion of
the supervisor, the conditional licensee is competent to practice under full
licensure.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1505.06 Administrative Obligations of Conditional
Licensees.
(a)
Before the beginning of supervision by each individual
who will provide some or all of the supervision, a conditional licensee shall:
(1) Give the individual a copy of Plc 1505 and
the supervision form specified in Plc 1505.03;
(2) Discuss the required supervision with the
individual; and
(3) Request the supervisor to complete the form
and submit it to the licensing bureau.
(b)
Whenever an individual providing supervision is replaced by another
individual on other than a temporary basis as provided in Plc 1505.04(a)(1), a
conditional licensee shall:
(1) Notify the licensing bureau of the
replacement; and
(2) Take the actions required by (a), above.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1505.07 Extension of Conditional License When
Supervised Practice is Incomplete or Supervisory Letter is Unavailable. The licensing bureau shall extend a
conditional license for an additional period of no more than 26 weeks when:
(a)
The conditional license is currently valid;
(b)
The conditional licensee:
(1) Is unable to complete the practice required
by Plc 1505.05(a)(1) due to loss of employment for any reason other than being
terminated for cause or terminated during probationary employment because of
incompetence; or
(2) Is unable to submit the supervisory letter
required by Plc 1505.05(a)(2) for a reason unrelated to the supervisor’s belief
that the licensee is not competent to practice under full licensure; and
(c)
The conditional licensee submits to the executive director a written
request for the extension explaining the details of the reason for the request
as provided in (b), above.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1505.08 Extension of Conditional License Pursuant
to Supervisor’s Request. The
licensing bureau shall extend a conditional license for an additional period of
not more than 12 weeks when:
(a)
The conditional license is currently valid; and
(b)
The individual supervising the conditional licensee requests the
extension to allow the conditional licensee to establish competence sufficient
for full licensure.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1505.09 Expiration, Suspension, and Emergency
Suspension of Conditional Licenses.
(a)
A conditional license not expired by the passage of time without
fulfillment of the requirements to obtain full initial licensure shall expire
when a final decision on full initial licensure is made.
(b)
The conditional licensee shall have the right to challenge the denial of
full licensure through an adjudicative hearing.
(c)
The executive director shall suspend a conditional license after
complying with (d), below, if it is demonstrated that the conditional licensee:
(1) Practiced respiratory care without
supervision;
(2) Was terminated for cause from employment as a
respiratory care practitioner;
(3) Was terminated from employment as a
respiratory care practitioner for incompetence during a probationary period; or
(4) Violated RSA 326-E or Plc 1500.
(d)
The executive director shall suspend a conditional license on one or
more of the bases set forth in (c), above, only after:
(1) Giving the conditional licensee notice
containing:
a. A statement of the executive director’s
intent to suspend the conditional license;
b. The facts on which the proposed suspension is
based;
c. The date the proposed suspension will take
effect; and
d. A statement that the conditional licensee has
the right to request an adjudicative hearing to challenge the proposed
suspension; and
(2) Providing the conditional licensee
the opportunity to challenge the proposed suspension at an adjudicative
hearing.
(e)
The executive director shall suspend a conditional license on an
emergency basis in the circumstances, and according to the procedures, set
forth in RSA 541-A:30, III.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
PART
Plc 1506 RESPIRATORY CARE STUDENTS
Plc 1506.01 Purpose and Applicability.
(a)
The purpose of this part is to formally acknowledge and give effect to the exemption from licensing under RSA 326-E:6, I(a) for
students in approved respiratory care programs, to:
(1)
Allow students to satisfy supervised clinical education requirements;
and
(2)
Reassure healthcare providers that students are authorized to work
without being licensed.
(b)
This part shall apply to:
(1) Any educational institution that offers
courses or programs that include internships to educate and train individuals
who wish to become licensed respiratory care practitioners; and
(2) Any individual who is enrolled in a course or
program to be educated and trained in respiratory care.
Source. (See Revision Note #2 at chapter heading for
Plc 1500) #13621, eff 5-22-23
Plc 1506.02 Internships Allowed. An individual may engage in activities
normally undertaken by a licensed respiratory care practitioner as an
internship, without obtaining a license under RSA 326-E or Plc 1500, if the
individual is enrolled in a course or program to be educated and trained in
respiratory care that meets the requirements of Plc 1506.03.
Source. (See Revision Note #2 at chapter heading for
Plc 1500) #13621, eff 5-22-23
Plc 1506.03 Requirements for Approved Courses and
Programs. To qualify as an approved
course or program:
(a)
The educational institution that offers the course or program shall be
accredited to offer educational programs by the applicable accreditation
authority in the jurisdiction in which the programs are offered or by a federal
accrediting agency, or both; and
(b)
The respiratory care course or program shall meet the definition of
“respiratory care education program” in RSA 326-E:1, XI, reprinted in Appendix
C.
Source. (See Revision Note at chapter heading for Plc
1500) #13621, eff
5-22-23
PART
Plc 1507 LICENSEE OBLIGATIONS;
CONTINUING COMPETENCE
Plc 1507.01 Licensee Obligations for Notifications and
Updates.
(a)
Each licensee shall notify the licensing bureau within 10 working days
when a change of name occurs.
(b)
Each licensee shall update the OPLC’s records within 10 working days
when a change of home or business address, personal telephone number, or
designated email address occurs.
(c)
Each licensee shall notify the licensing bureau within 10 working days
of:
(1) Any disciplinary action, including the
imposition of fines or penalties, taken or in process of being taken against
the licensee by another jurisdiction in which the licensee is licensed; and
(2) The commencement of any civil action or
insurance claim filed against the licensee that alleges malpractice and any
decision(s) made in such civil actions or insurance claims.
(d)
Each licensee shall know, and have available in the licensee’s office or
other place of business, information regarding how complaints can be filed with
the OPLC.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.02 Licensee Responsibilities for Renewal. Each licensee shall:
(a)
Know when the licensee’s license is due to expire; and
(b)
Except for holders of a temporary license or conditional license, file
an application for renewal prior to the expiration of the current license in
accordance with Plc 1508 if the licensee wishes to continue to practice in New
Hampshire.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.03 Maintenance of NBRC Credential(s) Required.
(a)
Each licensee shall comply with the requirements for maintaining NBRC
credential(s).
(b)
Each licensee shall maintain continuous NBRC credentials during a
licensure period.
(c)
Any continuing education meeting the requirements of the NBRC shall
qualify as meeting the continuing competence requirements in Plc 1507.04.
(d)
If a licensee’s NBRC credential(s) is or are revoked or suspended by the
NBRC, or if the credential(s) expire(s), the licensee shall:
(1) Notify the licensing bureau within 10 working
days; and
(2) Not engage in respiratory care practice for
compensation in New Hampshire unless and until reobtaining NBRC credential(s)
and a license under RSA 326-E and Plc 1500.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.04 Continuing Professional Competence
Requirements.
(a)
Unless receiving a waiver pursuant to Plc 1507.06 based on active
military service, a licensee intending to renew licensure shall engage in
continuing professional education by completing 24 contact hours of continuing
competence activities for the 2-year license period in accordance with (b)
through (d), below.
(b)
At least half of the contact hours required by (a), above, shall relate
directly and primarily to the clinical application of respiratory care.
(c)
The balance of the contact hours required by (a), above, shall relate
to:
(1) How to teach respiratory care;
(2) Respiratory care supervision and consultation
skills;
(3) Respiratory care curriculum development;
(4) Trans-disciplinary issues or skills
applicable to respiratory care;
(5) Respiratory care administration and
management;
(6) Respiratory care research; and
(7) Other continuing professional education
similarly not related directly and primarily to the clinical application of
respiratory care.
(d)
Continuing competence credit shall be accumulated through participating
in the following activities:
(1) Successful completion of a college-level
course related to respiratory care, as further described in Plc 1507.07;
(2) Successful completion of live programming
such as courses, programs, workshops and seminars, as
further described in Plc 1507.08;
(3) Passing specialty examinations, as further
described in Plc 1507.09;
(4) Public professional presentations relating to
respiratory care, as further described in Plc 1507.10;
(5) Participation in a respiratory care research
project, as further described in Plc 1507.11;
(6) Taking and passing courses for initial or
renewal certification, as further described in Plc 1507.12;
(7) Participation as an instructor or instructor
trainee in one of the courses for initial or renewal certification that qualify
under (6), above, as further described in Plc 1507.13;
(8)
Teaching a college-level course relating to respiratory care, as further
described in Plc 1507.14;
(9)
Facility-based respiratory care in-service training, as further
described in Plc 1507.15;
(10)
Publication of writing related to respiratory care, as further described
in Plc 1507.16; and
(11) Participation in the work of professional
boards and committees, as further described in Plc 1507.17.
Source.
(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM,
eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter
heading for Plc 1500); ss by #13689, EMERGENCY RULE, eff 7-20-23, EXPIRES:
1-16-24 (ER text not posted within above rule text
and can be found at this link:
https://gencourt.state.nh.us/rules/emergency_rules/Doc%2013689.pdf)
Plc 1507.05 Documentation Requirements; Audits.
(a)
Upon being notified by the OPLC that an on-line system administered by a
third-party organization is available to manage continuing competence
compliance, each licensee shall use the on-line system to track and report the
completion of continuing competence activities.
(b)
Each licensee shall retain documentation of participating in continuing
competence activities as described for the specific course or activity for not
less than 3 years, provided that documentation may be
retained in the on-line system once available.
(c) The executive
director shall audit licensee participation in continuing competence activities
by:
(1)
Randomly selecting 10% of licensees each year to be audited; and
(2)
Notifying each selected licensee of the audit by email sent to the licensee’s
designated email address.
(d) The notice sent pursuant to (c)(2), above,
shall direct the licensee to submit documentation to support the continuing
competence activities claimed by the licensee for the preceding 3 years to the
executive director by a specified date, which shall be no sooner than 30 days
from the date of the notice.
(e) In response to the notice, a licensee
selected for audit shall submit the following to the executive director no
later than the date specified in the notice:
(1)
The documentation required by Plc 1507.07 through Plc 1507.17, as
applicable to the type of activity; or
(2)
For any time period covered by the on-line
system, a copy of the on-line records, subject to (f), below.
(f) In lieu of submitting a copy of the on-line
records, a licensee selected for audit may provide the executive director with
direct access to the on-line records.
(g) Failure to submit documentation when directed
to do so shall constitute a violation of these rules.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.06 Waivers of Continuing Professional
Education Requirements for Active Military Service. The executive director shall issue the
following waivers of the requirements of Plc 1507.04 for licensees on active military
duty:
(a)
A full waiver of all obligation set forth in Plc 1507.04 for a licensee
who:
(1) Is or will be on active military duty for 80%
or more of the licensing period; and
(2) Submits a request for the waiver and proof of
the obligation to serve active military duty in the form of verification from
the Defense Finance and Accounting Service at https://www.dfas.mil/garnishment/verifyservice/;
and
(b)
A waiver of half of the obligation set forth in Plc 1507.04 for a
licensee who:
(1) Is or will be on active military duty for
more than 50% but less than 80% of the license period; and
(2) Submits a request for the waiver and proof of
the obligation to serve active military duty in the form of verification from
the Defense Finance and Accounting Service at https://www.dfas.mil/garnishment/verifyservice/.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.07 College-Level Courses Relating to
Respiratory Care.
(a)
A licensee may claim credit towards the continuing competence
requirement for successfully completing a college-level course relating to respiratory care, provided that:
(1) The course is given as part of a program or
curriculum with the potential to lead to an academic degree higher than that
held by the licensee at the time of first eligibility for initial licensure;
(2) The course adds to the professional knowledge
or skill of the licensee as shown in a written summary of the new information
or skill the licensee acquired during the course; and
(3) The licensee achieves in the course a letter
grade of C or better or a numerical grade of 2.00 or better on a 4-point scale,
or the equivalent on any other point scale.
(b) The licensee may claim one contact hour for each course credit
awarded by the college or university.
(c) Documentation of successful completion of a
college-level course relating to respiratory care shall be:
(1) An official
transcript showing:
a. The name
of the course;
b. The date
of the course; and
c. The grade
assigned to the licensee;
(2) One of
the following descriptions of the course:
a. The
description of the course copied from the college or university catalogue; or
b. The course
syllabus; and
(3) The
licensee’s written summary of the new information or skill that the licensee
acquired by taking the course.
Source.
(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM,
eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter
heading for Plc 1500); ss by #13689, EMERGENCY RULE, eff 7-20-23, EXPIRES:
1-16-24 (ER text not posted within above rule text and can be found at this
link: https://gencourt.state.nh.us/rules/emergency_rules/Doc%2013689.pdf)
Plc 1507.08 Courses,
Programs, Workshops, and Seminars.
(a) A licensee may claim credit towards
the continuing competence requirement for successfully completing live programming such as courses, programs,
workshops, and seminars that are:
(1) Courses and other programs approved or
sponsored by AARC;
(2) Non-AARC courses, workshops and seminars that
are:
a. Related to respiratory care or related to
diseases and conditions calling for respiratory care; and
b. Sponsored or provided by any statewide professional
respiratory care organization; or
(3) Non-AARC courses that are:
a. Related to respiratory care or related to
diseases and conditions calling for respiratory care; and
b. Approved by the accreditation council for
continuing education of the American Medical Association.
(b) The licensee may claim as credit for
completing a course, program, workshop, or seminar described in (a), above, the
same number of contact hours attributed to it by the provider or sponsor.
(c) Documentation of
successful completion of a course or program described in (a), above, shall be
a document showing:
(1) The licensee’s name;
(2) The name
and location of the course or program;
(3) The name
of the provider or sponsoring entity;
(4) The beginning and ending date(s) of the
course or program;
(5) The name
of each speaker or instructor;
(6) The number
of hours credited by the provider or sponsoring entity; and
(7) The printed name and signature of the
speaker, instructor, or representative of the provider or sponsoring entity.
(d) Documentation of successful completion of a workshop or seminar described in (a),
above, shall be the licensee’s certificate of completion.
Source.
(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM,
eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter
heading for Plc 1500); ss by #13689, EMERGENCY RULE, eff 7-20-23, EXPIRES:
1-16-24 (ER text not posted within above rule text and can be found at this
link: https://gencourt.state.nh.us/rules/emergency_rules/Doc%2013689.pdf)
Plc 1507.09 Specialty
Examinations.
(a) A licensee may claim credit towards
the continuing competence requirement for passing any of the following specialty examinations that the
licensee has not previously passed, provided the examination is for credentials
that are a more advanced category than the licensee currently holds:
(1) Registered respiratory therapist examination;
(2) Pulmonary function technologist examination;
(3) Neonatal and pediatric respiratory care
specialty examination;
(4) Sleep disorders testing and therapeutic
intervention respiratory care specialist examination; and
(5) Adult critical care specialist examination.
(b) The licensee may claim 12 contact hours for each specialty
examination passed.
(c) Documentation of passing one of the NBRC
specialty examination described in (a), above, shall be the NBRC notification
stating that the licensee passed the examination.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.10 Public Professional
Presentations Relating to Respiratory Care.
(a) A licensee may claim credit towards
the continuing competence requirement for public professional presentations relating to respiratory care, including
at workshops, lectures, and in-service trainings.
(b) The licensee may claim 2 contact hours for
each clock hour of a public presentation, to a maximum of 8 contact hours per
renewal period, provided that if the licensee gives substantially the same
public presentation more than once, the licensee shall claim credit for a
single presentation only.
(c) Documentation of a public professional
presentation relating to respiratory care shall be:
(1) A copy of
the official program of the presentation; or
(2) Written
verification signed by a representative of the program’s sponsor showing:
a. The title
of the presentation;
b. The name
of the licensee as presenter;
c. The name
of the sponsor’s representative who signed the verification;
d. The date
of the presentation;
e. The hours
during which the presentation took place; and
f. The type
of audience attending the presentation.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1507.11
Participation in a Respiratory Care Research Project.
(a) A licensee may claim credit towards
the continuing competence requirement for the licensee’s participation in a respiratory care research project.
(b) The licensee may claim one contact hour for
every 4 clock hours spent on a research project, to a maximum of 8 contact
hours per renewal cycle.
(c) Documentation of a licensee’s participation
in a respiratory care research project shall be a statement signed by either
the principal investigator or a representative of the grant sponsor showing:
(1) The name
of the research project;
(2) The name
of the principal investigator;
(3) The name
of the grant sponsor;
(4) The
licensee’s role in the research project;
(5) The
beginning and ending dates of the licensee’s participation; and
(6) The
number of hours spent by the licensee in project participation.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1507.12
Taking and Passing Courses for Initial or Renewal Certification.
(a) A licensee may claim credit towards
the continuing competence requirement for taking and passing one or more courses for initial or renewal
certification in:
(1) Basic life support for health care providers
(BLS), comprising a course for health care providers sponsored by the American
Heart Association in the techniques of cardio pulmonary
resuscitation;
(2) Advanced cardiac life support (ACLS),
comprising a course sponsored by the American Heart Association in the
therapeutic interventions used in cases of cardiac arrest;
(3) Pediatric advanced life support (PALS),
comprising a course in advanced techniques in the resuscitation of children
sponsored by the American Academy of Pediatrics; or
(4) Neonatal resuscitation program (NRP),
comprising a course sponsored by the American Academy of Pediatrics in the
techniques of resuscitation of newborn babies.
(b)
The licensee may claim
the following:
(1) For taking and passing a BLS initial
certification course, 8 contact hours;
(2) For taking and passing a BLS renewal
certification course, 4 contact hours;
(3) For taking and passing an ACLS initial
certification course, 16 contact hours;
(4) For taking and passing an ACLS renewal
certification course, 8 contact hours;
(5) For taking and passing a PALS initial
certification course, 16 contact hours;
(6) For taking and passing a PALS renewal
certification course, 8 contact hours;
(7) For taking and passing an NRP initial
certification course, 8 contact hours; and
(8) For taking and passing an NRP renewal
certification course, 4 contact hours.
(c)
Documentation of taking
and passing one of the courses listed in (a), above, shall be:
(1) The certification
card showing that the licensee has taken and passed the course; or
(2) A certificate of course completion issued by the course sponsor.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.13 Participation as an Instructor
or Instructor Trainee in Courses for Initial or Renewal Certification.
(a) A licensee may claim credit towards
the continuing competence requirement for participation as an instructor or instructor trainee in courses for
initial or renewal certification in:
(1) BLS;
(2) ACLS;
(3) PALS; or
(4) NRP.
(b) The licensee may claim the following:
(1) For
participation as an instructor or instructor trainee in a BLS initial
certification course, 8 contact hours;
(2) For
participation as an instructor or instructor trainee in a BLS renewal
certification course, 4 contact hours;
(3) For
participation as an instructor or instructor trainee in an ACLS initial
certification course, 16 contact hours;
(4) For participation as an instructor or instructor trainee in an
ACLS renewal certification course, 8 contact hours;
(5) For participation as an instructor or instructor
trainee in a PALS initial certification course, 16 contact hours;
(6) For
participation as an instructor or instructor trainee in a PALS renewal
certification course, 8 contact hours;
(7) For
participation as an instructor or instructor trainee in an NRP initial
certification course, 8 contact hours; and
(8) For
participation as an instructor or instructor trainee in an NRP renewal
certification course, 4 contact hours.
(c)
Documentation of participation as an instructor in one of the courses
listed in (a), above, shall be the course roster showing:
(1) The dates the course was given;
(2) Total
number of hours of the course;
(3) The name
of each student participant;
(4) The name
of the sponsoring organization; and
(5) The instructor’s
printed name and signature.
(d)
Documentation of participation as an instructor trainee in one of the
courses listed in (a), above, shall be:
(1) The
materials described in (c),
above; and
(2) One of the following documents issued by the
sponsoring organization:
a. The certification card; or
b. The certificate of completion as a trainee.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.14 Teaching
a College-Level Course Relating to Respiratory Care.
(a) A licensee may claim credit towards
the continuing competence requirement for preparing to teach and teaching a college-level course relating to
respiratory care as continuing professional education.
(b) The licensee may claim 2 contact hours for
each hour of credit that would be awarded to a licensee taking the course for
continuing professional education credit pursuant to Plc 1507.07, provided that
the licensee shall claim credit only once for preparing and teaching the course
unless the licensee substantially revises the course for later presentations.
(c)
Documentation of teaching a college-level course relating to respiratory
care shall be:
(1) A statement signed by an administrative
official of the college or university that reports:
a. The name of the course;
b. Verification
that the course was prepared and taught by the licensee; and
c. The credit hours given by the college or
university to students successfully completing the course; and
(2) One of the following descriptions of the
course:
a. The description
of the course copied from the college or university catalogue; or
b. The course
syllabus.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.15 Facility-Based
Respiratory Care In-Service Training.
(a) A licensee may claim credit towards
the continuing competence requirement for participation in, or attendance at, a facility-based respiratory care
in-service training consisting of a presentation or exchange of information at
a meeting specifically scheduled as in-service training.
(b) The licensee may claim one contact hour for
each clock hour of participation or attendance, to a maximum of 4 contact hours
per renewal cycle.
(c)
Documentation of participation in facility-based respiratory care
in-service training shall be a memo signed by the respiratory care supervisor
or general supervisor of the facility showing:
(1) The licensee’s name;
(2) The name of the facility and the topic of the
in-service training;
(3) The name of the primary speaker or
instructor; and
(4) The date of the in-service training and the
licensee’s hours of attendance.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.16 Publication
of Writing Related to Respiratory Care.
(a) A licensee may claim credit towards
the continuing competence requirement for publication of writing related to respiratory care, including books,
peer-reviewed and non-peer-reviewed chapters of books, and peer-reviewed and
non-peer-reviewed articles.
(b) The licensee may claim no more than 12
contact hours per renewal cycle in accordance with the following:
(1) For a
book:
a. If the licensee
was the sole or primary author, 12 contact hours; and
b. If the
licensee was a co-author or secondary author, 6 contact hours;
(2) For a
peer-reviewed chapter of a book or a peer-reviewed article:
a. If the
licensee was the sole or primary author, 6 contact hours; and
b. If the
licensee was a co-author or secondary author, 3 contact hours; and
(3) For a
non-peer reviewed chapter or article:
a. If the
licensee was the sole or primary author, 4 contact hours; and
b. If the
licensee was a co-author or secondary author, 2 contact hours.
(c)
Documentation of the publication of a writing related to respiratory
care shall be any item showing:
(1) The title of the writing;
(2) The date of publication;
(3) A statement
of whether the writing was peer-reviewed; and
(4) Whether
the licensee was a sole or primary author of the published writing.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1507.17 Participation
in the Work of Professional Respiratory Care Boards and Committees.
(a) A licensee may claim credit towards the continuing competence
requirement for participating as a member of a board or committee of a
professional respiratory care organization or government agency.
(b) The licensee may claim 2 contact hours per
renewal cycle for each board or committee on which the licensee served for more
than half of the renewal cycle, to a maximum of 6 hours per renewal cycle.
(c) Documentation of participation in the work of
a professional respiratory care board or committee shall be a letter conforming to (d), below, that was issued
by:
(1) The
authority appointing the licensee to the board or committee; or
(2) The chair
or chair-equivalent of the board or committee, provided that if the licensee is
the chair or chair-equivalent, the letter shall be signed by not less than 2
other members of the board or committee.
(d) The letter shall:
(1) State the
date the licensee was appointed to the board or committee;
(2) Describe
the purpose and function of the board or committee;
(3) Describe
the extent of the licensee’s participation in the meetings and activities of
the board or committee;
(4) If the
licensee’s appointment has ended, state the ending date of the licensee’s
service; and
(5) Show the
printed name of each individual who signs the letter.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
PART Plc 1508 LICENSE
RENEWAL AND REINSTATEMENT
Plc 1508.01 Eligibility for License Renewal. To be eligible for renewal of a license to
practice respiratory care, an individual shall have:
(a)
Maintained NBRC credential(s);
(b)
Accrued 24 hours of continuing education as provided in Plc 1507.04;
(c)
Paid all monetary penalties imposed in New Hampshire, if any;
(d)
Not been determined through an adjudicative process of having violated
this chapter or the licensure requirements of any other jurisdiction in which
the licensee is currently licensed;
(e)
Not been convicted in the prior 27 months of any misdemeanor or felony
arising from circumstances that demonstrate poor professional character; and
(f)
Meet the eligibility for renewal criteria specified in Plc 308.02.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1508.02 Notification of Pending
License Expiration.
(a) At least 60 days prior to the expiration of a
license issued pursuant to RSA 326-E and Plc 1500 or rules of the predecessor
board, the licensing bureau shall:
(1)
Notify, in writing to the licensee’s designated email address, each
licensee whose license is expiring that:
a.
The license is due to expire; and
b.
Failure to file a complete and timely application for renewal shall
result in the license expiring; and
(2)
Include with the notice a copy of the renewal application identified in
Plc 1508.03(a) or, when the application becomes available on-line, a
registration code for the licensee to use to renew on-line.
(b) A licensee who wishes to renew the license
who does not receive an application or registration code shall contact OPLC
customer support at CustomerSupport@oplc.nh.gov to obtain an application or code,
as applicable.
(c) As provided in RSA 541-A:30, I and RSA
310-A:1-h, if a timely and complete renewal application is filed, the license
shall continue as valid until final action is taken on the application for
renewal.
(d) A licensee whose license has expired shall
not practice respiratory care in New Hampshire until the license has been
reinstated.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1508.03 Application for License
Renewal. A licensee who wishes to
renew the license shall submit to the licensing bureau:
(a) A completed “Universal Application to Renew
License” dated April 2023, as tailored for respiratory care licenses, that
provides the information required by Plc 308.06 and is signed and attested to
as specified in Plc 308.08;
(b) The information and documentation required by
Plc 308.07 and Plc 1508.04;
(c) The information and attestation relative to
meeting continuing competence requirements, as specified in Plc 1508.05; and
(d) An application processing fee of $165,
provided that active duty military and military
spouses shall not pay the renewal application fee.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1508.04 Documentation Required for
Renewal Application. In addition to
the information and documentation required by Plc 308.07, the applicant shall
submit documentation of current NBRC credential(s).
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1508.05) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1508.05 Information Relative to Continuing
Competence.
(a)
An applicant for renewal of a respiratory care practitioner license
shall provide the following information relative to continuing competence:
(1) The total number of hours achieved by the
applicant in continuing professional education courses or professional
activities since the beginning of the current license term; and
(2) The following information for each continuing
professional education course and professional activity for which credit is
claimed:
a. The name of the course or activity;
b. The beginning and ending date(s) of the
course or activity;
c. The name of the sponsor or provider of the
course or activity;
d. The number of clinical hours claimed for the
course or activity;
e. The number of non-clinical hours claimed for
the course or activity; and
f. The total number of hours claimed for the
course or activity.
(b)
Submission of the information shall constitute the applicant’s
attestation that the applicant has met all continuing competence requirements.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1508.06) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc
1508.06 Initial Review of Renewal
Applications. Within
30 days of receipt of an application for license renewal submitted pursuant to
Plc 1508.03, the licensing bureau shall process the application as provided in
Plc 308.09.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1508.08) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1508.07 Withdrawal or Abandonment of Renewal
Applications.
(a)
An applicant may withdraw an application for license renewal at any time
prior to being notified of a decision under Plc 1508.08 as specified in Plc
308.10.
(b)
A renewal application shall be deemed to be abandoned if the applicant
files an incomplete application and does not provide all information necessary
to complete the application when directed to do so pursuant to Plc 308.09.
(c)
If the application is withdrawn or abandoned, then:
(1) The individual shall not practice
recreational therapy in New Hampshire after the last day of the month of
expiration, unless and until the individual obtains license reinstatement as
provided in Plc 1508.11; and
(2) The application processing fee shall not be
refunded.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1508.09) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1508.08 Review of Complete Applications for
Renewal Licensure; Decisions.
(a)
The licensing bureau shall review complete applications as provided in Plc 308.11.
(b)
The licensing bureau shall issue a renewal license if the applicant:
(1) Has submitted a renewal application in
accordance with Plc 1508.03 that shows that the applicant meets the
requirements for renewal stated in Plc 1508.01; and
(2) Has not been determined through an
adjudicative proceeding of having violated any provision(s) of RSA 326-E and
Plc 1500.
(c)
The licensing bureau shall notify the applicant of the decision on the
renewal application in writing sent to the applicant’s designated email
address.
(d)
If the licensing bureau determines that the applicant has not
demonstrated that all requirements to renew a license are met, then:
(1) The licensing bureau shall conditionally deny
the application; and
(2) The notice sent pursuant to (c), above, shall
inform the applicant that the denial shall become final in 30 days unless the
applicant requests a hearing in writing within 30 days.
(e)
If the application is denied, the license renewal application processing
fee shall not be refunded.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1508.10) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1508.09 Challenging a Conditional Denial of
License Renewal. An applicant who
wishes to challenge the conditional denial of an application for license
renewal shall do so as provided in Plc 308.12.
Source. (See Revision Note #2 at chapter heading for
Plc 1500) #13621, eff 5-22-23
Plc 1508.10 Renewal Licenses: Issuance and Duration.
(a)
Each renewal license to practice respiratory care issued by the OPLC
shall specify:
(1) The name of the licensee;
(2) The effective dates of the license; and
(3) The license number.
(b)
Renewal licenses shall:
(1) Be valid for 2 years, provided that the
timely filing of a complete renewal application shall continue the validity of
the license being renewed until final action is taken on the renewal
application;
(2) Expire on the last day of the month in which
the license was issued unless a timely and complete renewal application is filed or the license is sooner suspended or revoked pursuant
to Plc 1510; and
(3) Be subject to renewal biennially.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1508.11) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc
1508.11 Reinstatement of a License
After Expiration.
(a) If a complete application for renewal is not
received prior to the expiration date of the license, the license shall be
expired pursuant to RSA 310-A:1-h, IV.
(b) An individual whose license has expired shall
not practice in New Hampshire unless and until the individual has obtained a
license in accordance with RSA 326-E and Plc 1500.
(c) An individual whose license has expired who
wishes to obtain a license in New Hampshire shall apply for a renewal license
in accordance with Plc 1508, including demonstrating that the applicant has met
the requirements for continuing competence specified in Plc 1507.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1508.12) (see Revision Note #2 at chapter heading for
Plc 1500)
Plc 1508.12 Reinstatement of a License Previously
Suspended or Revoked.
(a)
An individual whose license was suspended pursuant to Plc 1510, or whose
license was suspended by the New Hampshire respiratory care practitioners
governing board prior to July 19, 2022, who wishes to have the license
reinstated shall:
(1) If the request is made before the expiration
date of the suspended license, submit a written request to the licensing bureau
that demonstrates compliance with all conditions of the suspension order and
plan of correction, including completing any additional continuing competence
activities and paying any monetary penalties imposed, but not paying an
additional fee; or
(2) If the request is made after the expiration
date of the suspended license:
a. Submit an application
for renewal, including demonstrating that continuing competence requirements
have been met;
b. Pay all monetary penalties imposed, if any;
c. Pay the costs associated with the suspension,
if imposed pursuant to RSA 310-A:1-m, VI or other applicable law; and
d. Demonstrate that all conditions imposed in
the suspension order have been met.
(b)
An individual whose license was revoked pursuant to Plc 1510, or whose
license was revoked by the New Hampshire respiratory care practitioners
governing board prior to July 19, 2022, who wishes to have the license
reinstated shall:
(1) Submit an application
for renewal licensure in accordance with Plc 1508.03, including demonstrating
that the applicant has met the requirements for continuing competence;
(2) Pay all monetary penalties imposed, if any;
(3) Pay the costs associated with the revocation,
if imposed pursuant to RSA 310-A:1-m, VI or other applicable law; and
(4) Demonstrate that all conditions imposed in
the revocation order and plan of correction have been met.
(c)
If the executive director makes a preliminary determination based on the
materials submitted by the applicant that the applicant does not qualify for a
license or does not qualify for an unrestricted license, the executive director
shall initiate an adjudicative proceeding pursuant to Plc 200 to determine
whether to deny the application or to reinstate the license with conditions.
(d)
A license shall not be granted to an individual who previously held a
license whose license was suspended or revoked unless and until the individual
has:
(1) Complied with each requirement that is part
of the suspension or revocation order;
(2) Paid all monetary penalties imposed and the
costs associated with the suspension or revocation, if imposed pursuant to RSA
310-A:1-m, VI or other applicable law; and
(3) Demonstrated that all other requirements for
a renewal license have been met.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (formerly Plc 1508.13) (see Revision Note #2 at chapter heading for
Plc 1500)
PART
Plc 1509 ETHICAL AND PROFESSIONAL
STANDARDS
Plc 1509.01 Applicability of Standards.
(a)
The standards in this part shall apply to each
individual who applies to be licensed under RSA 326-E or who is licensed
under RSA 326-E.
(b)
Violations of these standards shall constitute unprofessional conduct
that subjects the violator to disciplinary proceedings pursuant to Plc 1510.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1509.02 AARC Statement of Ethics and Professional
Conduct. Respiratory care
practitioners licensed to practice in New Hampshire shall adhere to the AARC
Statement of Ethics and Professional Conduct revised 04/15, available as noted
in Appendix B.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1509.03 Additional Licensee
Obligations. Each
individual
to whom these standards apply shall:
(a) Comply with RSA 326-E, Plc 307.04 as
effective May 1, 2023, reprinted in Appendix D, and Plc 1500;
(b) Obey in good faith, and within any time
periods specified, any disciplinary or remedial orders issued by the executive
director;
(c) Interact with colleagues and patients with
honesty and integrity;
(d) Not misrepresent professional qualifications
or credentials;
(e) Cooperate with inspections and with lawful
investigations by the OPLC;
(f) Treat all individuals with whom the person
interacts in a professional capacity with respect and civility;
(g) Maintain sexual boundaries by:
(1)
Refraining from any behavior that exploits the practitioner-patient
relationship in a sexual way; and
(2)
Avoiding any behavior that is sexual or sexually demeaning, or that
could be reasonably interpreted as such, even when initiated by or consented to
by a patient or colleague;
(h) Not engage in hazing or sexual, verbal, or
physical harassment of any individual when interacting in a professional
capacity; and
(i) Not discriminate
based on age, sex, gender identity, race, creed, color, marital status,
familial status, physical or mental disability, or national origin.
Source.
(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note
#2 at chapter heading for Plc 1500)
PART
Plc 1510 PROCEDURES; DISCIPLINARY
PROCEEDINGS
Plc 1510.01 Rules of Practice and Procedure. The rules in Plc 200 shall govern:
(a)
The receipt of misconduct complaints and the investigation thereof;
(b)
The conduct of disciplinary proceedings, including emergency
proceedings;
(c)
Waivers of rules;
(d)
Voluntary surrender of licenses; and
(e)
Any other procedures not included in this chapter.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1510.02 Procedures for License Suspension or
Revocation.
(a)
If the executive director, after investigation conducted pursuant to Plc
200, determines that credible evidence exists that a licensee has violated a
requirement of RSA 326-E or Plc 1500, the executive director shall initiate a
disciplinary proceeding pursuant to Plc 200.
(b)
After notice and an opportunity for a hearing, the executive director
shall:
(1) Require the licensee to participate in a
program of continuing education in the area or areas in which the licensee was
found to be deficient if, for each violation, the violation was committed
unknowingly, the licensee has no prior history of violations, and no harm was
threatened or caused by the violation;
(2) Issue a reprimand and require the licensee to
submit a plan of correction if, for each violation, the violation was committed
negligently, the licensee has no prior history of violations, and no harm was
threatened or caused by the violation;
(3) Suspend the license, if any violation was
committed negligently, no serious harm was threatened or caused by the
violation, and the licensee has been found to have committed one or more
additional violations within the preceding 2 years; or
(4) Revoke the license, if:
a. Any violation was committed recklessly or
knowingly;
b. Serious harm was caused by any violation; or
c. The licensee fails to comply with the
conditions for the removal of a suspension within the time
period specified in the suspension order.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc 1510.03 Conditions of License Suspension or
Revocation.
(a)
If a license is suspended or revoked, the licensee shall prepare and
submit a plan of correction to address each violation that provided a basis for
the disciplinary proceeding.
(b)
The executive director shall review the submitted plan of correction
and:
(1) Approve the plan, if
it:
a. Addresses each violation that provided a
basis for the disciplinary proceeding; and
b. Identifies one or more specific actions that
the license will take and specifies a deadline for taking each action that is
reasonable given the nature of the action to be taken; or
(2) Return the plan to the licensee for revision
and resubmission if the plan does not meet the requirements for approval
specified in (1), above.
(c)
A licensee whose license was suspended may request the license to be
reactivated after the conditions specified in the suspension order have been
met in accordance with Plc 1508.12(a).
(d)
An individual whose license has been revoked and who wishes to reapply
for a license shall apply as for license reinstatement in accordance with Plc
1508.12(b).
(e)
A license shall not be granted to an individual who previously held a
license but whose license was revoked unless and until the individual has
complied with the requirements on which the revocation was based and has paid
the costs associated with the revocation, if imposed pursuant to RSA 310-A:1-m,
VI or other applicable law.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
PART Plc 1511 MANAGEMENT OF RESPIRATORY CARE EQUIPMENT
Plc
1511.01 Purpose. The purpose of this part is to implement RSA
326-E:9 by identifying the personnel other than licensed respiratory care practitioners
who shall be authorized to manage respiratory care equipment.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1511.02 Definitions. For purposes of this part, the following
definitions shall apply:
(a) “Health care organization” means any
organization that provides health care services, including but not limited to a
hospital, urgent care facility, hospice, home healthcare agency, nursing home,
medical office, assisted living facility, or home medical equipment provider.
(b) “Management of respiratory care equipment”
means the handling of respiratory care equipment prior to or after its use, or
in conjunction with delivery of the equipment to a user, including but not
limited to assembly, disassembly, cleaning, sterilizing, and maintenance;
(c) “Respiratory care equipment” means medical
equipment and associated supplies designed for the treatment of respiratory and
respiratory-related health problems and the administration of respiratory care,
including but not limited to primary gas systems, gas regulating devices,
oxygen controllers, humidifiers, nebulizers, oxygen administering devices,
oxygen analyzers, manual resuscitators, and monitoring and measuring equipment;
and
(d) “Respiratory equipment technician” means an individual
who has been trained and competency assessed in the management of respiratory
care equipment in accordance with requirements that meet Medicare, Medicaid,
and other regulatory accreditation requirements applicable to the health care
organization that employs the respiratory equipment technician. The term includes “respiratory assistant” and
“respiratory aide”.
Source. (See Revision
Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff
11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading
for Plc 1500)
Plc
1511.03 Management
of Respiratory Care Equipment.
(a) A respiratory
equipment technician shall, within the scope of the individual’s employment:
(1) Engage in the management of respiratory care
equipment; and
(2) Deliver respiratory care equipment to the
user of the equipment, including setting up the equipment and providing
calibration or instruction, or both.
(b)
The management of respiratory care equipment by a respiratory equipment
technician shall not constitute the unauthorized practice of respiratory care.
Source. (See Revision Notes #1 and #2 at chapter
heading for Plc 1500) #13621, eff 5-22-23)
PART Plc 1512 POLYSOMNOGRAPHIC TECHNOLOGISTS
Plc
1512.01 Practice Locations. Pursuant to RSA 326-E:6, I(e) a registered
polysomnographic technologist shall engage in the limited scope of practice
described in Plc 1512.02 only in a diagnostic laboratory or research setting.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Plc
1512.02 Registered Polysomnographic
Technologist Limited Scope of Practice.
(a) Registered polysomnographic technologists
shall monitor and record physiologic data during the evaluation of
sleep-related disorders only in a diagnostic laboratory or research setting for
the tasks described in paragraph (b), below.
(b) Registered polysomnographic technologists
shall monitor and record physiologic data using the following tasks under the
direct or indirect supervision of a New Hampshire licensed physician:
(1)
Supplemental oxygen therapy, less than 10 liters per minute utilizing
nasal cannula, positive airway pressure (PAP), or bi-level positive airway
pressure (BiPAP) during a polysomnogram;
(2)
Capnography or other measures of carbon dioxide during a polysomnogram;
(3)
Cardiopulmonary resuscitation;
(4)
Pulse oximetry;
(5)
Gastroesophageal pH monitoring;
(6)
Esophageal pressure monitoring;
(7)
Sleep staging, including surface electroencephalography, surface
electrooculography, and surface submental electromyography;
(8)
Surface electromyography;
(9)
Electrocardiography;
(10)
Respiratory effort monitoring, including thoracic and abdominal
movement;
(11)
Plethysmography blood flow;
(12)
Snore monitoring;
(13)
Audio or video monitoring of movement and behavior during sleep;
(15)
Nasal and oral airflow monitoring;
(15)
Body temperature monitoring;
(16)
Monitoring the effects that a mask or oral appliance used to treat sleep
disorders has on sleep patterns, provided that the mask or oral appliance does
not extend into the trachea or attach to an artificial airway;
(17)
Observing and monitoring physical signs and symptoms, general behavior,
and general physical response to polysomnographic evaluation and determining
whether initiation, modification, or discontinuation of a treatment regimen is
warranted;
(18)
Analyzing and scoring data collected during the monitoring described in
(17), above, for the purpose of assisting a licensed physician in the diagnosis
and treatment of sleep and wake disorders that result from developmental
defects, the aging process, physical injury, disease, or actual or anticipated
somatic dysfunction;
(19)
Implementing a written or verbal order from a licensed physician in a
sleep lab or sleep center which requires the practice of polysomnography; and
(20)
Educating and training a patient regarding the treatment regimen to
assist the patient in improving the patient’s sleep.
Source. (See Revision Note #1 at chapter heading for
Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621,
eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
Appendix
A: State Statutes Implemented
Rule |
State
Statute(s) Implemented |
Plc
1500 (see below for additional/specific provisions) |
RSA
326-E |
Plc
1503 |
RSA 326-E:5 |
Plc
1504 |
RSA 326-E:3 |
Plc
1505 |
RSA 326-E:3, IV |
Plc
1506 |
RSA 326-E:6, I(a) |
Plc
1507 |
RSA 326-E:10; RSA 326-E:11 |
Plc
1508 |
RSA 326-E:10 |
Plc
1509 |
RSA 326-E:2, VI |
Plc
1510 |
RSA 326-E:2, VI |
Plc
1511 |
RSA 326-E:9 |
Plc
1512 |
RSA 326-E:2, I |
Appendix B:
Document Incorporated by Reference
Rule |
Reference Incorporated |
Available at: |
Plc 1509.02 |
AARC Statement of Ethics and
Professional Conduct revised 04/15 |
go to https://www.aarc.org/resources/professional-documents/position-statements/ then click on “AARC Statement of Ethics and
Professional Conduct” under “Current Position Statements” |
Appendix C:
Statutory Definitions and Exemptions From Licensure
326-E:1 Definitions
II.
"Certified pulmonary function technician" or "CPFT" means a
person having successfully completed and achieved a passing score on the entry
level examination in pulmonary function and maintained the related credential
issued by the National Board for Respiratory Care, Inc.
III.
"Consultation by telecommunication" means that a respiratory care
practitioner renders professional or expert opinion or advice via
telecommunications or computer technology from another location. It includes
the transfer of data or exchange of educational or related information by any
means of audio, video, or data communications.
IV.
"National Board for Respiratory Care, Inc." or "NBRC" means
the national voluntary health certifying board that evaluates the professional
competence of respiratory therapists and pulmonary function technicians, or its
successor organization.
VIII.
"Registered polysomnographic technologist" or "RPSGT" means
a person having successfully completed and achieved a passing score on the
comprehensive registry examination for polysomnographic technologists
administered by the Board of Registered Polysomnographic Technologists or its
successor organization.
IX.
"Registered pulmonary function technologist" or "RPFT"
means a person having successfully completed and achieved a passing score on
the advanced level examination in pulmonary function and maintained the related
credential issued by the National Board for Respiratory Care, Inc.
X.
"Respiratory care" means the treatment, management, diagnostic testing and evaluation of responses to respiratory or
medical treatment and care of individuals or groups of individuals either
having deficiencies or abnormalities of the cardiopulmonary system or requiring
support of the cardiopulmonary system. Respiratory care is given in accordance
with the prescription of a physician, nurse practitioner, or physician
assistant. Respiratory care includes the implementation of respiratory care
strategies and modalities, and the administration of pharmacological, diagnostic,
and therapeutic agents necessary to implement a treatment, disease
or injury prevention, rehabilitative or diagnostic regimen. Respiratory care
includes, but is not limited to: initiating emergency
procedures; providing health counseling and teaching; assembly, repair, testing
and maintenance of respiratory equipment; and those respiratory care activities
that require a substantial amount of scientific knowledge or technical skill.
XI.
"Respiratory care educational program" means a program accredited by
the American Medical Association's Committee on Allied Health Education and
Accreditation in collaboration with the Joint Review Committee for Respiratory
Therapy Education, by the Committee on Accreditation for Respiratory Care, or
by the Commission on Accreditation of Allied Health Education Programs, or
their successor organizations.
XII. "Respiratory care
practitioner" means a person who is:
(a)
Licensed in the practice or performance of respiratory care who has the
knowledge and skill necessary to administer the functions defined in paragraph
X of this section.
(b)
Capable of serving as a resource in relation to the clinical and technical
aspects of respiratory care as to the safe and effective methods for
administering respiratory care modalities.
(c)
Able to function in situations of unsupervised patient contact requiring
individual judgment.
(d)
Capable of supervising, directing, and teaching less skilled personnel in the
provision of respiratory care services.
Source.
2003, 310:2. 2005, 293:9. 2009, 54:5, eff. July 21, 2009. 2022, 72:15, eff. July 19, 2022.
RSA
326-E:6 Exemptions From Licensure. –
I. This chapter shall not prohibit:
(a) A person matriculated in an education
program approved by the board who is pursuing a degree in respiratory care or
respiratory therapy from satisfying supervised clinical education requirements
related to the person's respiratory care education while under direct
supervision of a respiratory care practitioner or physician.
(b) A respiratory care practitioner from
practicing in the Armed Forces, federal public health services, or the
Department of Veterans Affairs, pursuant to federal regulations of health care
providers.
(c) A respiratory care practitioner who is
licensed in another jurisdiction of the United States from providing
consultation by telecommunication.
(d) A respiratory care practitioner who is
licensed in another jurisdiction of the United States or foreign educated
respiratory care practitioner credentialed in another country from practicing
respiratory care in conjunction with teaching or participating in an
educational seminar of no more than 60 days in a calendar year.
(e) Respiratory care performed as part of
a limited scope of practice, as defined by the executive director, in
consultation with the advisory board, by certified pulmonary function
technicians (CPFT), registered pulmonary function technologists (RPFT) or
registered polysomnographic technologists (RPSGT) in a diagnostic laboratory or
research setting.
(f) Respiratory care rendered in an
emergency.
(g) Self care by
a patient or gratuitous care by family members or friends who do not represent
themselves as respiratory care practitioners.
(h) A respiratory care practitioner who is
licensed in another jurisdiction of the United States or foreign educated
respiratory care practitioner credentialed in another country from practicing
respiratory care in conjunction with the interfacility transport of a
critically ill patient.
(i) A
polysomnography trainee from fulfilling the training and experiential clinical
requirements established by the Board of Polysomnographic Technologists for
eligibility for the RPSGT examination, while working under the indirect
supervision of a physician, a respiratory care practitioner, or a RPSGT.
II. This chapter shall not restrict a person
licensed under any other law of this state from engaging in the profession or
practice for which that person is licensed if that person does not represent,
imply, or claim that he or she is a respiratory care practitioner or a provider
of respiratory care.
Source.
2003, 310:2, eff. July 1, 2003. 2022, 72:16, eff. July 19, 2022.
Appendix D:
Plc 307.04 as effective May 1, 2023
Plc 307.04 Obligations of Persons Subject to These
Rules.
(a)
Each person subject to these rules shall comply with all applicable law.
(b)
In any application or other document filed with, or statement made to,
the licensing bureau or the applicable board, each person subject to these
rules shall provide information that, to the best of the person’s knowledge and
belief, is true, complete, and not misleading.
(c)
Each person subject to these rules shall cooperate with investigations
and requests for information from the OPLC and the applicable board, wherein
“cooperate” means to provide the information requested, answer any questions
posed, and allow inspections in order to enable the
OPLC or applicable board to determine compliance with applicable law.
(d)
Each person subject to these rules shall provide honest and accurate
information in reports prepared as part of practicing the profession in which
the person is authorized to practice.
(e)
Each person subject to these rules shall report evidence of professional
misconduct on the part of another licensee when that conduct poses a potential
threat to life, health, or safety.
(f)
Each person subject to these rules shall maintain sexual boundaries by:
(1) Refraining from any behavior that exploits
the professional-client or professional-patient relationship in a sexual way;
and
(2) Avoiding any behavior that is sexual,
seductive, suggestive, or sexually demeaning, or could be reasonably
interpreted as such, even when initiated by or consented to by the target of
the behavior.
(g)
Each person subject to these rules shall be truthful in publicly
representing or advertising himself or herself by avoiding the following:
(1) False, deceptive, or misleading statements;
(2) Unreasonable or exaggerated claims of
success;
(3) Guarantees of success;
(4) Claims or implications of professional
superiority or of training that cannot be substantiated; and
(5) Unsubstantiated claims of expertise or
certification of such in any specific areas of the scope of practice set forth
in applicable law.
(h)
Each person subject to these rules shall interact with colleagues and
clients with honesty and integrity.
(i) No person subject to these rules shall
misrepresent professional qualifications or credentials.
(j)
Each person subject to these rules shall treat all individuals with whom
the person interacts in a professional capacity with respect and civility.
(k)
No person subject to these rules shall engage in hazing or sexual,
verbal, or physical harassment of any individual when interacting in a
professional capacity.
(l)
No person subject to these rules shall discriminate based on age, sex,
gender identity, race, creed, color, marital status, familial status, physical
or mental disability, or national origin, or any additional class protected by
law.