CHAPTER
Acp 100
DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION
PART
Acp 101
PURPOSE AND SCOPE
Acp 101.01 Purpose
and Scope.
(a) The rules of this title implement the
statutory responsibilities of the New Hampshire board of acupuncture licensing
created by RSA 328-G:3.
(b) The board’s responsibilities include, but are
not limited to:
(1) The establishment of organizational rules
under which the board operates;
(2)
The granting and issuance of licenses to qualified applicants;
(3)
The establishment of standards for continuing education;
(4)
The granting and issuance of renewal licenses;
(5)
The further defining of the scope of practice of licensees, in
accordance with RSA 328-G:10, II;
(6)
The establishment and enforcement of professional standards of conduct
for licensees;
(7)
The hearing of complaints and the subsequent undertaking of disciplinary
proceedings and disciplinary actions against licensees, in accordance with RSA
328-G and these rules;
(8)
The investigation and preparation of reports on any matter within the
scope of RSA 328-G; and
(9)
The assessment of administrative fines against licensees, pursuant to
RSA 328-G:12, III(4).
Source. #7080,
eff 8-26-99
PART Acp 102 DEFINITIONS
Acp 102.01
Terms Used.
(a)
“ACAOM” means the Accreditation Commission for Acupuncture and Oriental Medicine, and was formerly known as the National
Accreditation Commission for Schools and Colleges of Acupuncture and Oriental
Medicine (NACSCAOM).
(b)
“Acupuncture”, as cited in RSA 328-G:2, I, means primarily the insertion
of needles through the skin at certain points on the body, with or without
application of electric current and/or heat, for the purpose of promoting
health and balance as defined by the principles of oriental medicine. It also includes the allied techniques and
modalities of oriental medicine, both traditional and modern, as set forth in Acp 601.03.
(c)
“Acupuncturist” means a person licensed to practice acupuncture as
defined in RSA 328-G:2, II.
(d)
“Administrator” means the person with delegated authority to perform
administrative and clerical functions for the board.
(e)
“Applicant” means a person who has an application for an acupuncture
license pending before the board.
(f)
“Board” means the New Hampshire board of acupuncture licensing.
(g)
“CCAOM” means the Council of Colleges of Acupuncture and Oriental
Medicine.
(h)
“Clean Needle Technique Course” (CNT) means a practical examination,
administered by the CCAOM or the NCCAOM, that tests an acupuncturist’s ability
to demonstrate an understanding of sterile needle usage.
(i) Continuing education unit (CEU) means a unit
of Professional Development Activity as set forth in Acp
402.04.
(j)
“Credentials Documentation Review” (CDR) means a method by which
experienced acupuncturists, many of whom designed the original NCCAOM national
exam, were evaluated for NCCAOM certification without examination. It was a method utilized in 1984-85 and
reopened once again in 1989. It has not
been used since that date.
(k)
“Licensee” means a person who holds a license issued by the board
pursuant to RSA 328-G.
(l)
“NCCAOM” means the National Certification Commission for Acupuncture and
Oriental Medicine, and was formerly known as the
National Commission for the Certification of Acupuncturists (NCCA).
(m)
“Oriental medicine” means the distinct, dynamic, and continually
evolving system of health care that diagnoses and treats illness, injury, pain or other conditions by controlling and regulating the
flow and balance of energy to restore and maintain health.
(n)
“Professional Development Activities” (PDAs) as set forth in Acp 402.04(a) means all activities of continuing education
including, not only oriental medicine-related continuing education courses, but
also professional research, writing for publication, teaching
and clinical supervision, and supervised clinical experience.
(o)
“Tentative decision” means a board action which instructs the board’s
staff or a board committee to prepare a draft document which satisfies
generally stated policy objectives, subject to subsequent review and approval
by the board.
Source. #7080, eff 8-26-99
PART Acp 103 AGENCY ORGANIZATION
Acp 103.01
Composition of the Board.
The board consists of 5 members who meet the eligibility requirements of
RSA 328-G:3.
Source. #7080, eff 8-26-99
Acp 103.02
Staff. The board shall
obtain staff assistants to perform its record keeping and other statutory
functions, and to oversee the board's daily operations. The board shall designate an administrator
who shall be responsible for maintaining all records of the board’s activities
and for receiving correspondence, filings and other communications and
documents.
Source. #7080, eff 8-26-99
Acp 103.03 Office
Hours, Office Location, Mailing Address, and Telephone.
(a) The board's office address and telephone
numbers are as follows:
Board of Acupuncture Licensing
Office of Professional Licensure and Certification
7 Eagle Square
Concord, NH 03301
(603) 271-9254
(b) The board’s offices shall be open to the
public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.
(c) Correspondence, filings, and other
communications intended for the board shall be addressed to “Administrator, New
Hampshire Board of Acupuncture Licensing”, at the location stated in Acp 103.03(a).
Source. #7080, eff 8-26-99; ss by 13310-A, eff 12-17-21
PART Acp 104 PUBLIC INFORMATION
Acp
104.01 Record of Board Actions. Minutes shall be kept of board meetings and
of official actions taken by the board.
These minutes shall record the members who participate in each vote and
shall separately record the position of members who choose to dissent, abstain or concur.
Minutes of board actions which are not confidential under RSA 91-A:3, II
or RSA 91-A:5 shall be public records and shall be available for inspection
during the board's ordinary office hours within 144 hours from the close of the
meeting or vote in question unless the 72 hour
availability requirement of RSA 91-A:3, III is applicable.
Source. #7080, eff 8-26-99
Acp
104.02 Custodian of Records. The administrator shall be the custodian of
the board's records and shall make available, upon request, those records which
are subject to public inspection.
Source. #7080, eff 8-26-99
Acp
104.03 Inspection of Records. Persons desiring to inspect board records
shall identify as specifically as possible the information being sought. If records are requested which contain both
public and confidential information, the board shall delete the confidential
information and provide the remaining information.
Source. #7080, eff 8-26-99
Acp
104.04 Copies of Records. Persons desiring copies of board records
shall identify as specifically as possible the information being sought and
shall agree to pay the actual copying fees charged by the Department of Health
and Human Services. If records are
requested which contain both public and confidential information, the board
shall delete the confidential information and provide the remaining
information.
Source. #7080, eff 8-26-99
PART
Acp 105
MEETINGS, DELIBERATIONS AND DECISIONS
Acp
105.01 Meetings. The board shall meet no less than twice a
year, and at such additional times as the board chair, or a
majority of the board, shall designate.
The time and place of the meetings shall be noticed to the public in
accordance with RSA 91-A:2.
Source. #7080, eff 8-26-99
Acp
105.02 Ineligibility to Participate.
(a)
A board member shall not be eligible to vote on or substantively
participate in matters pertaining to:
(1) His or her own license application or renewal
application;
(2) Any other matter regarding his or her
license; and/or
(3) Any matter coming before the board in which
the member has a personal, professional, or financial interest including, but
not limited to, any matter involving not only the board member, but also a
spouse, parent, child, or business partner, or a business investment.
(b)
The board member shall promptly disclose to the board any such interest
and shall recuse himself or herself from participating in board deliberations
or actions pertaining to that matter.
Source. #7080, eff 8-26-99
PART
Acp 106
APPOINTMENT OF COMMITTEES
Acp
106.01 Committees.
(a)
The board shall delegate investigatory and other functions within its
jurisdiction to committees consisting of one or more board members when such
delegations are necessary to perform the board’s work more efficiently.
(b)
Committees shall undertake investigations and make recommendations to
the board, but shall not take final action on behalf
of the board.
(c)
Committees shall not retain paid advisors or consultants or use the
voluntary services of non-board members unless expressly authorized to do so by
the board.
Source. #7080, eff 8-26-99
CHAPTER Acp 200 PRACTICE AND PROCEDURE
Statutory Authority:
RSA 328-G:7, VII, XII, and XIII; RSA 541-A:16, I(b)-(d)
PART Acp 201 PURPOSE
Acp 201.01 Purpose. The board shall conduct proceedings for the
purpose of acquiring sufficient information to make fair and reasonable
decisions on matters within its statutory jurisdiction, including decisions on
applications and complaints filed against licensees. These proceedings shall secure a just, efficient and accurate resolution.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 202 DEFINITIONS
Acp 202.01 Definitions.
(a) "Hearing" means the receipt and
consideration by the board of data or argument, or both, by methods appropriate
to the circumstances, and includes:
(1) Conducting
trial-type evidentiary proceedings;
(2) Directing the
filing of exhibits, affidavits, memoranda, briefs, or oral arguments; or
(3) Any combination
of these or similar methods.
(b) "Order" means a document issued by
the board:
(1) Establishing
procedures to be followed in an adjudicatory or nonadjudicatory
proceeding;
(2) Granting or
denying a petition or motion;
(3) Requiring a
person to do, or to abstain from doing, something; or
(4) Determining a
person's rights to a license or other privilege established by RSA 328-G or
rules of this chapter.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 203 FAILURE TO COMPLY WITH RULES
Acp 203.01 Failure
to Comply With Rules. Failure to
comply with the rules of this chapter shall result in:
(a) Refusal of a noncompliant document for
filing;
(b) Denial or conditional denial of a
noncompliant application, petition, or motion; or
(c) Issuance of an order adverse to a
noncompliant person.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 204 COMPLAINTS AND INVESTIGATIONS
Acp 204.01 Initiation
of Disciplinary Proceedings. The
board shall undertake investigations and disciplinary hearings, in response to
a written complaint filed in accordance with Acp
208.02 or in response to other information that comes to the board's attention.
Source. #7081, eff 8-26-99;
ss by #7871-B, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 204.02 Processing
of Complaints.
(a) Upon receipt of
a complaint, the board shall commence an investigation pursuant to Acp 204.03.
(b) The board shall dismiss a complaint at any
time for failure to state a cause of action, failure to respond to a request
for information, or failure to participate in any investigation or hearing
ordered by the board.
(c) At any stage of the board’s investigation of
the allegations in a complaint, the board shall, with the consent of the
licensee, issue a final settlement agreement or consent order that imposes
discipline upon the licensee and terminates further disciplinary action in
whole or part, provided that:
(1) The complainant
receives notice and an opportunity to submit written comments concerning the
proposed settlement or consent decree; and
(2) There are no
material facts in dispute.
(d) At any time during the board’s investigation
of the allegations in a complaint, the board shall encourage the licensee and
the complainant to participate in mediation on a timely and good faith basis
with a designated non-board member who agrees to act as a mediator.
(e) When mediation is suggested under (d) above,
the mediator shall attempt resolution of the dispute between the complainant
and the licensee, and, within 60 days of reaching consensus through mediation, shall submit a written
report to the board.
(f)
The report noted under (e) above, shall contain:
(1) A written
settlement agreed to by the parties; or
(2) A report of the
circumstances that appear to prevent settlement of the issues between the
parties.
(g) Upon receiving the mediator’s report, the
board shall, with consent of complainant, and pursuant to Acp
204.02(f)(2) above, discontinue its investigation. The board shall then issue
an order of settlement, or if there is no settlement, proceed to initiate
further disciplinary proceedings.
(h) Information gathered during investigations
shall not be released to the public until an evidentiary hearing is held or a
final settlement or other disposition of such a proceeding is reached.
Information that is classified by law as confidential shall not be revealed
unless it has been introduced as evidence.
Source. #7081, eff 8-26-99;
ss by #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 204.03 Investigations.
(a) The board shall conduct such investigations
as it deems necessary to examine acts of possible misconduct that come to its
attention through complaints or other means.
(b)
Investigations shall not commence a disciplinary hearing and shall not
constitute an allegation of misconduct against a licensee.
(c)
When an investigation occurs, an investigator designated by the board
shall contact such persons and examine such records and other documents as are
reasonably necessary to make a recommendation as to whether further board
action should be taken on the allegations in question.
(d)
Investigations, including those based upon allegations in a complaint
shall be conducted on an ex parte basis.
(e)
Following the investigation, the investigator shall make a written
report and recommendation to the board as to whether there is reasonable basis
to conclude that the complaint concerns facts that constitute misconduct.
(f) Investigatory reports and all information
gathered by an investigator shall be public unless confidential as
established by law and provided as follows:
(1) The
investigator’s report shall be made available to the parties and intervenors in
any adjudicatory proceeding resulting therefrom; and
(2) The board shall
provide the nonconfidential information
gathered in disciplinary investigations to:
a. Law enforcement
agencies;
b. Boards or
agencies relating to the practice of
health care in other jurisdictions;
c. Board
investigators or prosecutors;
d. Expert witnesses
or assistants retained by board prosecutor or investigators in the same or
related disciplinary matters; or
e. Persons to whom
the licensee has given a release.
Source. #7081, eff 8-26-99;
ss by #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED:
3-20-12
New. #10157,
eff 6-27-12
PART Acp 205 PRESIDING OFFICER
Acp 205.01 Designation.
(a) Adjudicatory proceedings commenced by the
board shall be conducted by a presiding officer.
(b) The board shall appoint a board member or a
member of the board's staff to serve as presiding officer.
(c) The presiding officer shall serve in a
conscientious and truthful manner or shall be removed by the board without
notice or hearing.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 205.02 Authority
of Presiding Officer.
(a) The presiding officer shall possess all
authority with respect to the procedural aspects of adjudicatory proceedings
that would be possessed by the board itself, including, but not limited to, the
power to administer oaths and affirmations, direct the course of the
proceedings, and decide procedural and discovery issues.
(b)
The presiding officer shall receive no testimony or oral argument on the
merits of the case unless 3 board members are present.
(c) Except in proceedings conducted pursuant to Acp 212.03(b)(6), the presiding officer shall, to the
extent consistent with the fair and orderly conduct of the proceeding, permit
board members who are present during any stage of an adjudicatory proceeding to
query the witnesses.
(d)
The presiding officer shall not accept final offers of settlement or
impose consent decrees, but shall assist the parties
in reaching settlements. When a settlement has been proposed in writing, the
presiding officer shall refer it to the board for decision,
but shall not stay the proceeding while the board is deliberating the
settlement proposal.
(e) The presiding officer shall not decide
motions or enter orders which finally resolve the proceeding or stay the
proceeding. Potentially dispositive motions shall be referred to the board or
deferred until the close of the record.
(f) If the presiding officer believes that a
default or similar final order should enter against a party, the presiding
officer shall issue a written recommendation to the board, with service on the
parties, and the board shall take appropriate action after allowing the parties
10 days to file objections thereto.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 205.03 Withdrawal
of Presiding Officer.
(a) Upon his or her own initiative or upon the
motion of any party, a presiding officer or board official shall, for good
cause, withdraw from any hearing.
(b) Good cause shall exist if a presiding officer
or board official:
(1) Has a direct
interest in the outcome of a proceeding, including, but not limited to, a
financial or familial relationship;
(2) Has made
statements or engaged in behavior which objectively demonstrates that he or she
has prejudged the facts of a case; or
(3) Personally
believes that he or she cannot fairly judge the facts of a case.
(c) Mere knowledge
of the issues, the parties or any witness shall not constitute good cause for
withdrawal.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 205.04 Waiver or Suspension
of Rules by Presiding Officer. The
presiding officer, upon his or her own initiative or upon the motion of any
party, shall suspend or waive any requirement or limitation imposed by this
chapter upon reasonable notice to affected persons when the proposed waiver or
suspension appears to be lawful, and would be more likely to promote the fair,
accurate and efficient resolution of issues pending before the board than would
adherence to a particular rule or procedure.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 206 ROLES OF BOARD STAFF AND COMPLAINANTS
Acp 206.01 Role
of Board Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, board staff as
defined in Acp 103.02 shall have no role in any
enforcement or disciplinary hearing.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 206.02 Role
of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or granted party
or intervenor status, a person who initiates an adjudicative proceeding by
complaining to the board about the conduct of a person who becomes a party
shall have no role in any enforcement or disciplinary hearing.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
PART Acp 207 COMMENCEMENT OF PROCEEDINGS
Acp 207.01 Applicability. This part shall govern all proceedings
conducted by the board except rulemaking and declaratory rulings.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 207.02 Commencement.
(a) The board shall commence an adjudicatory
proceeding by issuing a notice to the parties at least 15 days before the first
scheduled hearing date or first prehearing conference.
(b) The notice commencing an adjudicatory
proceeding shall:
(1) Identify the
parties to the proceeding as of the date of the order;
(2) Briefly
summarize the subject matter of the proceeding, and identify the issues to be
resolved;
(3) Attach any
complaint against the licensee that forms, in whole or in part, the basis of
the issues to be resolved;
(4) Specify the
legislative authority for the proposed action, and identify any applicable
board regulations;
(5) Specify any
special procedures to be followed;
(6) Specify the date
by which, and the address where, appearances or motions by representatives
shall be filed;
(7) Specify the
date, time, and location of an initial prehearing conference or dates for an
oral hearing;
(8) Identify the
presiding officer for the proceeding;
(9) Identify any
confidentiality requirements applicable to the proceeding; and
(10) Contain such
other information as the circumstances of the case may warrant including, but
not limited to, orders consolidating or severing issues in the proceeding with
other proceedings or orders directing the production of documents.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 207.03 Docketing,
Service of Notice, Public Notice.
(a) The board shall assign each adjudicatory
proceeding a docket number, and serve the hearing
notice upon all parties to the proceeding.
The hearing notice shall be served upon the respondent by means of
certified mail.
(b) Service of all subsequent orders, decisions
and notices issued by the board, including any amendments to the hearing
notice, shall be served upon the parties and intervenors by regular mail.
(c) Orders, notices, and decisions of the board,
and motions, memoranda, exhibits, and other documents and data submitted to the
board in a docketed case shall be kept in a docket file and made available for
public inspection in the board's office except to the extent that
confidentiality has been provided for under the provisions of law.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 207.04 Ex Parte
Communications. Once a notice of hearing
has been issued in an adjudicatory proceeding, no party shall communicate with
any member of the board, or the presiding officer, concerning the merits of the
case except upon notice to all parties and granting an opportunity for such
party or parties to participate. In
accordance with the rules of this chapter, no party shall cause another person
to make such communications or otherwise engage in conduct prohibited by RSA
541-A:36.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 207.05 Rights
to Representation.
(a) Any party in an adjudicatory proceeding may
be represented by counsel or lay representation, but such person appearing on
behalf of a party shall first file a letter announcing the fact of
representation at the earliest date practicable.
(b) Requests to the board for counsel shall be
denied and the board shall assume no responsibility for expenses of any party,
except as specified in RSA 328-G:11, IV.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 207.06 Representatives and Appearances.
(a) Persons appearing before the board shall
represent themselves or be represented by:
(1) A New Hampshire
licensed attorney who has filed a written appearance with the board containing
his or her business address and telephone number; or
(2) An individual
who is not a New Hampshire licensed attorney, and has filed a written
appearance with the board containing:
a. A statement of
intent to represent, signed by both the representative and the party who would
be represented; and
b. The representative’s
daytime address and telephone number.
(b) Corporations, partnerships
and other legal entities that are not natural persons shall be represented only
by:
(1) An attorney
licensed in New Hampshire; or
(2) An officer,
director, or responsible person who has express and written authority to act on
behalf of the entity concerning the matter in question and has filed a motion
for leave to appear as a representative.
(c) Nothing in this section shall be construed to
permit the unauthorized practice of law.
(d)
The board shall, after providing notice and opportunity for hearing,
restrict an individual from acting as a representative before the board when
the representative's behavior would constitute misconduct if the representative
were an attorney.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED 3-20-12
New. #10157,
eff 6-27-12
Acp 207.07 Intervention.
(a)
Petitions for intervention shall be filed any time after commencement of
a proceeding, and state:
(1) The petitioner's
interest in the subject matter of the hearing;
(2) The petitioner's
position with respect to the subject matter of the hearing;
(3) Why the
interests of the parties and the orderly and prompt conduct of the proceeding
would not be impaired; and
(4) Any other
reasons why the petitioner should be permitted to intervene.
(b) Petitions for intervention shall be granted
if the petitioner has an interest in the proceeding and has clearly stated this
interest.
(c) Petitions for intervention shall be granted
subject to Acp 209.03, and orders granting
intervention shall be subject to modifications.
(d) A person filing a complaint that becomes the
subject of a disciplinary hearing shall be served with the hearing notice and
notified of the right to intervene in the proceeding.
(e)
Once granted leave to intervene, intervenors shall take the proceeding
as they find it and no portion of the proceeding shall be repeated because of
the fact of intervention.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 207.08 Consolidation
and Severance.
(a) Whenever it shall appear to the board, upon
motion or its own initiative, that 2 or more proceedings involve substantially
similar or substantially related issues, the board shall, as fairness and
efficiency permit, consolidate those proceedings for hearing, or decision, or
both.
(b) Whenever it shall appear to the board, upon
motion or its own initiative, that injury to the substantial rights of a party
or undue delay may be thereby avoided, the board shall, as fairness and
efficiency permit, sever one or more issues from a proceeding, and dispose of
those issues in another proceeding.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART 208 FILING
AND SERVICE OF DOCUMENTS
Acp 208.01 Filing of Documents with the Board.
(a)
A document shall be considered filed when it is actually
received at the board's office in Concord and conforms to the
requirements of this chapter. A document
tendered for filing that is patently and facially in violation of the board's
rules shall be returned to the sender and not accepted for filing.
(b)
All documents filed shall be filed with an original and 5 copies, except
that only a single copy of correspondence, applications and complaints against
licensees shall be filed.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-0303; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 208.02 Subscription
and Veracity of Documents.
(a) All complaints, petitions, motions, and
replies filed with the board shall be signed by the proponent of the document
or, if the party appears by representative, by the representative.
(b) The applicant's signature on a document filed
with the board shall certify that:
(1) The applicant
has read the document;
(2) The applicant is
authorized to file it;
(3) To the best of
the applicant's knowledge, information, and belief, there are good grounds to
support it; and
(4) The document has
not been filed for purposes of delay or harassment.
(c) A willful violation of (b), above, shall
cause the board to issue an order adverse to the party committing the violation.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 208.03 Service
of Documents.
(a) Complaints against licensees shall be filed
with the board with service upon the licensee in question.
(b) Petitions for rulemaking and petitions for
declaratory rulings shall be filed with the board by the petitioner without
service upon other persons.
(c) All motions, replies, exhibits, memoranda, or
other documents filed in an adjudicatory proceeding shall be served by the
proponent upon all parties to the proceeding by:
(1) Depositing a
copy of the document in the United States Postal Service, first class postage
prepaid, addressed to the last address given to the board by the party being
served, no later than the day the document is filed with the board; or
(2) Delivering a
copy of the document in hand on or before the date it is filed with the board.
(d) All notices, orders, decisions, or other
documents issued by the board in the course of an
adjudicatory proceeding shall be served by the board upon all parties and
intervenors to the proceeding by either:
(1) Depositing a
copy of the document, first class postage prepaid, in the United States Postal
Service, addressed to the last address given to the board by the party being
served; or
(2) If a party or intervenor is not represented,
delivering a copy of the document in hand to the party or intervenor.
(e) When a party or intervenor authorizes a representative, service
shall be upon the representative.
(f) Except for exhibits distributed at a
prehearing conference or hearing, every document filed with the board, and required
to be served upon the parties and intervenors to an adjudicatory proceeding, shall be accompanied by a
certificate of service, signed by the person making service, attesting to the
method and date of service, and the persons served.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 209 PLEADINGS, COMPLAINTS, AND MOTIONS
Acp 209.01 Pleadings.
(a) The only pleadings permitted shall be
petitions, other than rulemaking and replies to petitions. Applications shall
not be considered pleadings.
(b) All petitions shall contain:
(1) The name and
address of the petitioner;
(2) The name and
address of the petitioner's representative, if any;
(3) A concise
statement of the facts that caused the petitioner to request the board to act;
(4) The action that
the petitioner wishes the board to take; and
(5) The
identification of any statutes, rules, orders, or other authority that entitles
the petitioner to request the board to act.
(c) Board replies to petitions shall contain:
(1) The name and
address of the petitioner;
(2) The name and
address of the representative of the petitioner, if any;
(3) A statement
addressing each fact alleged in the petition pursuant to Acp
209.03(d);
(4) A statement
addressing the authority identified by the petitioner pursuant to Acp 209.03(c)(3);
(5) A concise
response to each statement noted in Acp 209.03(d);
(6) The
identification of any statutes, rules, orders, or other authority, not
identified in the petition, having a bearing upon the subject matter of the
petition; and
(7) The action the
board took.
(d) Replies shall be filed within 90 days from
the date of the petition.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 209.02 Complaints
of Licensee Misconduct.
(a) Notwithstanding Acp
209.01, complaints shall be governed exclusively by this section.
(b) Complaints alleging misconduct by licensees
noting violations of RSA 328-G:2, II, shall be in writing and filed at the
board's offices in Concord, New Hampshire.
(c) A complaint shall contain the following
information:
(1) The name and
address of the complainant;
(2) The name and
address of the licensee against whom the complaint is directed;
(3) Date, time, place and summary of alleged violation(s);
(4) Name, address of
those having knowledge of the alleged violations;
(5) Specific
provision of RSA 328-G:12, II, and Acp 503 on which
the complaint is based; and
(6) Other data the
complainant believes pertinent to
the complaint.
(d) A complaint shall not be accepted that
alleges acts of misconduct that occurred more than 6 years before the filing
date unless it also alleges that these acts could not have reasonably been
discovered during all or some substantial part of the intervening 6-year
period.
(e) A complaint shall be treated as a petition to
the board within the meaning of RSA 541-A:29.
(f)
The licensee shall respond in writing to stated misconduct allegations
by responding to each allegation within 30 days. Failure to so respond shall result in an
order of default, including disciplinary sanctions, against the licensee.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 209.03 Motions and Objections Thereto.
(a) Unless presented during an oral session of a
proceeding, all motions and objections shall be in writing.
(b) All motions shall state clearly and
concisely:
(1) The purpose;
(2) The relief
sought;
(3) The statutes,
rules, orders, or other authority authorizing the relief sought; and
(4) The facts
claimed to constitute grounds for the relief.
(c) Objections to motions shall state clearly and concisely:
(1) The defense of
the party or intervenor filing the
objection;
(2) The action which
the party or intervenor filing the
objection wishes the board to take;
(3) The statutes,
rules, orders, or other authoritative relief in defense of the motion; and
(4) Any facts that
are additional to, or different from, the facts stated in the motion.
(d) An objection to a motion shall specifically
admit or deny each fact contained in the motion. Failure to deny a fact contained in the
motion shall constitute the admission of that fact for the purpose of the
motion. In the event a party or
intervenor filing an objection to a
motion lacks sufficient information to either admit or deny a fact contained in
the motion, the party or intervenor shall
so state, specifically identifying each such
fact.
(e) Motions shall be decided upon the writings
submitted. Repetitious motions shall not
be submitted.
(f) The board shall rule on motions as soon as
practicable after the filing of the motion.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 210 TIME PERIODS
Acp 210.01 Computation
of Time. Any time
period specified in an order shall begin with the day following the act,
event, or default, and shall include the last day of the period, unless it is
Saturday, Sunday, or state legal holiday, in which event the period shall run
until the end of the next day which is not a Saturday, Sunday, or state legal
holiday. When the period prescribed or
allowed is less than 7 days, intermediate Saturdays, Sundays, and state legal
holidays shall be excluded from the computation.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 210.02 Change
in Allowed Times. A motion for a
change of time shall be granted upon concurrence with all parties.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 210.03 Limitations. A motion to change time shall be filed at
least 3 business days prior to the event in question.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 211.01 Continuances.
(a) Any party to a hearing may make an oral or
written motion that a hearing be continued to a later date or time.
(b) If a continuance is requested by a party to
the hearing, it shall be granted if the presiding officer determines that good
cause has been demonstrated. Good cause
shall include the unavailability of parties, witnesses
or attorneys necessary to conduct the hearing, the likelihood that a hearing
will not be necessary because the parties have reached a settlement or any
other circumstances that demonstrate that a continuance would assist in
resolving the case fairly.
(c) If the later date, time
and place are known at the time of the hearing that is being continued, the
date, time and place shall be stated on the record. If the later date, time
and place are not known at the time of the hearing that is being continued, the
presiding officer shall issue a written scheduling order stating the date, time
and place of the continued hearing as soon as practicable.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 211.02 Failure
to Attend Hearing. If any party to
whom notice has been given in accordance with Acp
208.03 fails to attend a hearing, the presiding officer shall:
(a) Declare that party to be in default; and
(b) Either:
(1) Dismiss the
case, if the party with the burden of proof fails to appear; or
(2) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 212 PREHEARING MATTERS
Acp 212.01 Discovery and Disclosure. Upon the written request of a party, the
board shall disclose to the parties any information, not privileged, in the
possession of the board, that is pertinent to the subject matter of the
proceeding.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 212.02 Subpoena.
(a) Subpoena for the attendance of witnesses or
the production of evidence in disciplinary proceedings shall be issued only
upon the order of the board.
(b) A subpoena shall be issued on the initiative
of the board or in response to the motion of a party.
(c)
A party requesting a subpoena shall attach a copy of the proposed
subpoena to its motion and if the motion is granted, the requesting party shall
be responsible for the service of the subpoena and payment of any witness fee
and mileage expenses that might be required.
(d) The person to whom the subpoena is directed
may, within 10 days after service of the subpoena, or before the date specified
by the board in the subpoena for compliance therewith, whichever is earlier,
file a motion to quash or modify the subpoena.
(e)
If the board denies the motion to quash or modify, in whole or in part,
the person to whom the subpoena is directed shall comply with the subpoena,
within the time prescribed in the subpoena, unless the board expressly provides
additional time to comply.
(f)
A subpoena shall be served by any person who is 18 years of age or
older, and in the manner authorized for service of subpoenas in the New
Hampshire superior court. The fact of
service shall be written on the reverse of the original copy of the subpoena by
the person making service and a copy shall be immediately returned to the board
by the person making service.
(g) Should any person fail to comply with a
subpoena issued pursuant to this section, the board shall seek judicial
enforcement.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 212.03 Prehearing Conferences.
(a) At any time following the commencement of an
adjudicatory proceeding, the board shall, upon motion, or upon its own
initiative, encourage all parties and intervenors to attend one or more
prehearing conference(s) to aid in the disposition of the proceeding.
(b) The following shall be considered at a
prehearing conference:
(1) Settlement;
(2) Simplification
of the issues;
(3) Possible
amendments to the pleadings;
(4) Possible
admissions of facts and of documents to avoid unnecessary proof;
(5) Possible
limitations on the number of witnesses;
(6) Possible changes
to the standard procedures which would otherwise govern proceeding;
(7) The distribution
of written testimony, if any, and exhibits to the parties and intervenors;
(8) Possible
consolidation of the examination of witnesses by the parties and intervenors;
(9) A time frame for
exchange of witness and evidence lists; and
(10) Any other
matters which might contribute to the prompt and orderly conduct of the
proceedings.
(c)
The board shall cause prehearing conferences to be recorded unless all
parties wish to discuss possible settlement off the record, in which case only
the discussion of possible settlement shall not be recorded. Matters decided at a prehearing conference
shall be reflected in an appropriate order.
(d) Prehearing conferences in disciplinary
proceedings shall not be open to the public, to the extent consistent with RSA
91-A.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 212.04 Witness and Evidence Exchange. Parties
and intervenors shall exchange complete lists of witnesses and evidence
pursuant to the timetable established in accordance with Acp 212.03(b)(9). Copies of all documentary evidence shall be
provided to all parties and intervenors.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 213 CONDUCT OF ADJUDICATIVE HEARINGS
Acp 213.01 Method of Proceeding. Unless all parties and intervenors agree to a
modification of the process, the board shall hold a trial-type evidentiary
hearing with an opportunity for the subsequent submission of memoranda. Each party or intervenor shall have the opportunity to call its own witnesses and to
cross-examine other witnesses who testify at the evidentiary hearing. The board shall conduct individual
proceedings in a trial-type evidentiary hearing, unless otherwise agreed by the
parties and intervenors, and the presiding officer shall schedule supplemental
argument or hearing, or otherwise reopen the record, at any time prior to the
issuance of a final order in a proceeding.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 213.02 Burden, Standard and Order of Proof.
(a) The party asserting the affirmative of a
proposition shall have the burden of proving the truth of that proposition by a
preponderance of the evidence.
(b) Without limiting the generality of Acp 213.02(a), all moving parties and intervenors and all
petitioners shall have the burden of persuading the board that their motions or petitions should be granted.
(c) The complainant shall present its case first,
followed by the respondent. For purposes of presentation of evidence,
intervenors shall be considered either complainants or respondents.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 213.03 Evidence.
(a) Proceedings shall not be conducted under the
rules of evidence, but the evidentiary privileges recognized by the law of New
Hampshire shall apply to proceedings under this chapter.
(b) All data that will reasonably assist the
board to arrive at the truth shall be admissible.
(c) Evidence shall be submitted in written or
oral form to assure the full and fair disclosure of the facts.
(d) If the board notices a fact, it shall so state,
and permit any party the opportunity to show the contrary.
(e) Witnesses appearing before the board shall
testify under oath or affirmation.
(f)
The board shall cause a tape recording or stenographic record to be made
of hearings and prehearing conferences.
This record shall not be transcribed unless a request is made by a
person who also agrees to pay the cost of the transcription.
(g)
Information provided during an evidentiary hearing shall be considered
public information.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 213.04 Inquiry
By Board Members.
(a) Subject to the direction of the presiding
officer who shall regulate the time and manner of speaking in an orderly
fashion, board members present during adjudicative proceedings shall question
witnesses and make such inquiry of witnesses as they believe appropriate.
(b) Whenever credibility of witnesses is material
to the outcome of the hearing, those rendering the decision in the case shall
be present for such testimony.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 213.05 Exceptions
to Rulings By the Presiding Officer.
(a) There shall be no interlocutory appeal to the
board of procedural or discovery orders made by the presiding officer.
(b) After the close of the record, the parties
shall be provided 10 days to submit written exceptions to rulings of the
presiding officer. The board shall rule
upon any such exceptions and shall reopen or modify the record, if necessary or
appropriate to effect relief.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 214 DECISIONS
Acp 214.01 Proposed Findings of Fact and
Conclusions of Law.
(a) Any party may submit proposed findings of
fact and conclusions of law.
(b) The board shall include individual rulings
upon such proposed findings or conclusions as part of its final decision.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 214.02 Decision
on Record.
(a) The decision of the board shall be based upon
the board’s evaluation of the evidence submitted during the hearing only.
(b) The board shall keep a decision on file in
its records for at least 5 years following the date of the final decision or
the date of the decision on any appeal, unless the director of the division of
records management and archives of the department of state sets a different
retention period pursuant to rules adopted under RSA 541-A.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 215 RECONSIDERATION AND STAY
Acp 215.01 Motion
for Reconsideration or Rehearing.
(a) An adjudicatory order of the board shall not
be final until the date it is served upon the parties and intervenors pursuant to Acp
208.03(d).
(b) Within 30 days after service of a final
adjudicatory order of the board, any party or intervenor may file a motion for reconsideration or rehearing.
(c) A motion for reconsideration shall:
(1) Include any
memorandum of law the petitioner wishes to submit;
(2) Identify each
error of fact, error of reasoning, or erroneous conclusion contained in the
final order that the moving party or
intervenor wishes reconsidered; and
(3) Concisely state
the correct factual finding, correct reasoning, and correct conclusion urged by
the moving party or intervenor.
(d) The board shall grant or deny the motion, or
any part thereof, on its merits, or treat the motion as a motion for reopening,
and grant it pending the receipt of such additional data or additional argument
as it considers necessary.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 215.02 Reconsideration
on the Board's Own Motion.
(a) Within the time frame specified in Acp 216.01(b), the board shall reconsider, revise, reverse
or affirm any final action on its own motion.
(b) If reconsideration is based upon the existing
record, prior notice shall not be given to the parties and intervenors. If the board believes further argument or
data should be considered, an appropriate order providing the parties and
intervenors with notice and opportunity to be heard shall be issued before any
revision is made in the board's previous action.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 215.03 Stay
of Board Orders.
(a)
Board actions shall be stayed only in response to a specific motion requesting
a stay or by the board acting on its own motion.
(b) A motion for stay shall be considered only if
it is filed within the time period for requesting
reconsideration specified by Acp 216.01(b) and shall
demonstrate good cause sufficient to warrant the stay of an action by the New
Hampshire superior court.
(c) Filing a motion for reconsideration shall not
stay a board order. Combining a motion for stay with
a motion for reconsideration shall be permissible, however.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 216 DECLARATORY RULINGS
Acp 216.01 Petitions.
(a)
Any person may request a declaratory ruling from the board on matters
within its jurisdiction by filing an original and 5 copies of a petition
pursuant to Acp 209.01(b).
(b) Such a petition shall also set forth the
following information:
(1) The exact ruling
being requested; and
(2) The statutory
and factual basis for ruling, including any supporting affidavits or memoranda
of a law.
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 216.02 Action
on Petitions.
(a) The petitioner shall provide such further
information or participate in such evidentiary or other proceedings as the
board shall direct after reviewing the petition and any replies received.
(b) Upon review and consideration, the board
shall within 90 days rule on the petition pursuant to Acp
209.01(c).
Source. #7081, eff 8-26-99;
ss by #7871-A, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 217 PETITIONS FOR RULEMAKING
Acp 217.01 Petition
for Rulemaking.
(a) Any person may request the board to commence
a proceeding for the purpose of adopting, amending, or repealing a rule by
filing a written petition that contains:
(1) A statement of
the petitioner’s request for the proposed rule;
(2) The text of the
proposed rule or a statement of the particular results
intended by the petitioner’s interest in the subject matter of the proposed
rule;
(3) An
identification of the particular rule sought to be
amended or repealed;
(4) Any data or
argument the petitioner believes would be useful to the board in deciding
whether to commence a rulemaking proceeding; and
(5) Name, address,
signature of petitioner and date.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 217.02 Disposition of Petition.
(a) The board shall consider all petitions for
rulemaking and proceed pursuant to RSA 541-A:4. The board shall request
additional data or argument from the petitioner or other interested persons to
clarify the argument.
(b) If the data or argument fails to support the
petition, the board shall state the reason therefore in the order.
(c) If the data or argument supports the petition, the board shall commence rulemaking in accordance with RSA 541-A:3.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 218 RULEMAKING HEARINGS
Acp 218.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and
consideration by the board relative to rulemaking.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 218.02 Scope.
(a) These rules shall apply to all hearings
required by state law to be conducted by the board at which public comment
shall be solicited, except that they shall not apply to adjudicative hearings.
(b) If any requirement set by these rules
conflicts with an applicable statute, such other authority shall control.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 218.03 Notice.
(a) Notice of a public comment hearing concerning
rulemaking shall be placed in the “Rulemaking Register” so that it shall appear
at least 20 days prior to the hearing date.
(b) At a minimum, a notice for rulemaking public
comment hearings shall comply with the requirements of RSA 541-A:6, I.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 218.04 Media Access.
(a) Public comment hearings shall be open to the
print and electronic media.
(b) The moderator shall place limits on the
activities of the media to avoid disruption in the following ways:
(1) Limit the
placement of television cameras to certain locations in the hearing room; and
(2) Prohibit
interviews from being conducted within the hearing room during the hearing.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
Acp 218.05 Moderator.
(a) The hearing shall be presided over by a
moderator who shall be the board chairperson or a designee.
(b) The moderator shall:
(1) Call the hearing
to order;
(2) Cause a
recording of the hearing to be made;
(3) Place limits on
the media to avoid disruption as set out in Acp
218.04(b);
(4) Recognize those
who wish to be heard and establish the order thereof;
(5) Limit the time
for each speaker, as set out in Acp 218.06(b);
(6) Remove or have
removed any person who disrupts the hearing;
(7) Adjourn the
hearing; and
(8) Provide
opportunity for the submission of written comments.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIREd: 3-20-12
New. #10157,
eff 6-27-12
Acp 218.06 Public
Participation.
(a) Any person who wishes to speak on the issue
or issues which are the subject of the hearing shall place his or her name on a
speakers’ list before the last speaker on the list has finished speaking. All whose names appear on the speakers’ list,
as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined
considering the number of people who wish to be heard, the time and the
availability of the facility.
(b) The board, through the moderator, shall:
(1) Refuse to
recognize a person who refuses to give his or her full name;
(2) When a group or
organization wishes to comment, limit the group to no more than 3
spokespersons, provided that the members who are present shall be allowed to
enter their names into the record as supporting the position by the group or
organization;
(3) Revoke
recognition of a speaker who speaks or acts in an abusive or disruptive manner;
or
(4) Revoke
recognition of a speaker who refuses to keep comments relevant to the issue or
issues that are the subject of the hearing.
(c) Written comments may be submitted any time,
from the time notice has been published until the record has been closed by the
moderator, which shall not be less than 7 calendar days after the hearing.
(d) In the event that the number of speakers who
wish to give oral testimony relevant to the issue or issues involved exceed
that number which can be heard within a reasonable period of
time subject to facility availability and length of the hearing, the
hearing shall be reconvened pursuant to applicable provisions in RSA 541-A to
afford such persons the opportunity to be heard. Speakers may elect to submit written
testimony in lieu of additional oral hearing.
Source. #7871-A, eff 4-14-03; ss by #10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
PART Acp 219 EXPLANATION AFTER ADOPTION
Acp 219.01 Explanation
After Adoption.
(a) Any person may request an explanation
regarding adoption of the rules pursuant to RSA 541-A:11,VII by submitting a
request to the board.
(b) The request shall be considered at the next
scheduled board meeting and the board shall issue a response within 45 days
after consideration.
Source. #7871-B, eff
4-14-03; ss by #10004, INTERIM, eff
9-22-11, EXPIRED: 3-20-12
New. #10157,
eff 6-27-12
CHAPTER Acp 300 LICENSE REQUIREMENTS, APPLICATIONS AND FEES
REVISION
NOTE:
Document
#13800, effective 12-26-23, adopted or readopted with amendments the rules in
Chapter Acp 300.
The rules adopted by Document #13800 had previously been filed in
Document #10158, effective 6-27-12, and expired 6-27-22, as indicated in the
source notes of the affected rules.
Although Document #13800 indicated that rule Acp 308.01 titled “Roster and Directory of Licensed Acupuncturists” was being repealed, it had also previously been filed in Document #10158, effective 6-27-12, and expired 6-27-22, before it could be repealed. The prior filings affecting the former Acp 308.01 included the following documents:
#7081, eff 8-26-99
#7872, eff 4-14-03
#10004,
INTERIM, eff 9-22-11, EXPIRED: 3-20-12
#10158,
eff 6-27-12, EXPIRED: 6-27-22
PART Acp 301 APPLICATION PROCEDURE
Acp
301.01 Application Process.
(a)
Persons who wish to apply for a license to practice acupuncture in New
Hampshire shall do so by submitting the following:
(1) A completed “Application for Licensure” form
provided by the board which contains the information specified by Acp 301.02;
(2) All additional supporting materials required
of the applicant specified by Acp 301.02; and
(3) The initial license fee as required by Acp 306.01(a).
(b)
An application shall:
(1) Be typewritten or legibly printed in original
ink;
(2) Be signed by the applicant, and
(3) Have all sections complete or designated as
not applicable to the applicant.
(c)
Any application which is illegible, has incomplete sections, or is not signed shall be returned to the
applicant.
(d)
An application shall be considered to be on file with the board on the date
when the board has received:
(1) A fully completed application form;
(2) Proof that the applicant’s check has been
deposited and cleared; and
(3) All required supporting documentation.
(e)
Within 30 days of the date the application is on file with the board,
the board shall request, if necessary, additional information or documentation
needed to clarify the application or any materials related to the application.
(f)
Unless a waiver of the following time limit has been requested by the
applicant and granted by the board, the board shall approve or deny the
application within a reasonable time not to exceed 60 days from:
(1) The date the application is on file with the
board; or
(2) The date of the response to a request
pursuant to Acp 301.01(e).
(g)
If the application is denied, the applicant shall be provided an
opportunity to request a hearing for reconsideration pursuant to Acp 200 on the deficiency issues identified by the
board. Any such request for a hearing
shall be submitted to the board within 30 days from the date of the board’s
notification of denial.
(h)
If, within 30 days of the board’s notification of denial, a request for
a hearing is not made by the applicant, the application shall be closed.
(i) A pending application, awaiting information
which the board has requested, shall
be held open for one year from the date of filing after which it shall be
closed. This time limit shall be
extended upon written request to the board.
(j)
All applications for licensure shall be kept as part of a permanent
record.
(k)
All licenses shall expire on the last day of the month 2 years from the
date of issuance.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13005, eff
3-19-20; ss by #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
Acp
301.02 Application Form. The applicant shall supply, or cause to be
supplied, the following on or with the “Acupuncture Initial License
Application” form:
(a)
Full legal name, as well as:
1. Any previously used names that might appear
on supporting documentation; and
2. If applicable, name as it is written in
Chinese, Korean, or other foreign language;
(b)
Residence and business addresses and telephone numbers;
(c)
Date of birth;
(d)
Social Security number pursuant RSA 161-B:11;
(e)
Email address;
(f)
A list of colleges and universities the applicant attended, dates of
attendance, and degrees, if any received, supported by one of the following:
(1) An official transcript from the college or
university which granted the degree; or
(2) In the case of an undergraduate degree from a
college or university outside the United States, supporting documents pursuant
to Acp 302.03(c);
(g)
If the applicant is applying for a waiver of the degree requirement, the
supporting documentation pursuant to Acp 302.03(b);
(h)
A list of acupuncture schools attended, dates attended, date of
graduation and degree or certificate awarded, supported by official transcripts
from all acupuncture schools or colleges attended;
(i) If the applicant is applying for a waiver of
the post-secondary acupuncture college requirement, the supporting
documentation pursuant to Acp 302.05;
(j)
A list of all other states and countries in which the applicant is
currently licensed, registered, or otherwise allowed to practice acupuncture,
dates of issue and expiration, and the license or certificate numbers. Documentation of the status of all current
acupuncture licenses held shall be sent directly from the issuing state or
country;
(k)
A list of other states and countries in which the applicant was ever
previously licensed, registered, or otherwise allowed to practice acupuncture,
including dates of issue and expiration;
(l)
A list of all states and countries in which the applicant was previously
or is currently licensed, registered, or otherwise allowed to practice a
healing art other than acupuncture, including dates of issue and expiration;
(m)
Information regarding the applicant’s certification by the National
Certification Commission for Acupuncture and Oriental Medicine (NCCAOM)
supported by documentation of certification status sent to the board directly
from the NCCAOM or downloaded from the official NCCAOM website, including the date of initial certification;
(n)
Disclosure, and explanation where applicable, of the following
information:
(1) If any malpractice claim has ever been made
against the applicant, regardless of whether a lawsuit was filed in relation to
the claim;
(2) If the applicant has ever been denied an
acupuncture license, certificate, or registration anywhere for any reason;
(3) If the applicant ever had employment or
appointment in a hospital, clinic, or other health care facility suspended, or
resigned from a health care facility in lieu of being subject to a disciplinary
action;
(4) If the applicant has any formal disciplinary
charges pending or if any disciplinary action has been taken against the
applicant by any acupuncture or medical board, any health care facility, or any
professional acupuncture association;
(5) If the applicant ever voluntarily surrendered
a license to practice acupuncture or other healing art in lieu of facing
disciplinary action;
(6) If the applicant has, at any time, been
convicted of a crime involving violence, abuse, fraud, dishonesty, or drugs;
(7) If the applicant ever had a professional
license in a field other than acupuncture revoked, suspended, or otherwise
terminated on disciplinary grounds, or if any disciplinary actions are
currently pending against the applicant in relation to any professional license
held; and
(8) If the applicant has ever had or currently
has an emotional disturbance or mental illness, an organic illness, or
addictive disorder which impaired their ability to practice acupuncture or to
function as an acupuncture student. If
so, the applicant shall describe treatment received and the outcome of such
treatment;
(o)
A statement of the applicant’s successful completion of the Clean Needle
Technique Course supported by documentation of such directly from the NCCAOM or
the Council of Colleges of Acupuncture and Herbal Medicine (CCAHM);
(p)
A statement of good professional character from 3 persons other than
relatives of the applicant, who have known the applicant for at least 3 years,
at least one of whom shall be an acupuncturist, licensed in this state or in
another jurisdiction; and
(q)
The applicant’s signature on the following statement:
I
hereby certify that all statements made in this application and all information
and documentation submitted in connection with this application are, to the
best of my knowledge, true, accurate, complete, and unaltered. I understand
that misstatements and omissions of material facts may be cause for denial of
this application, or for suspension or revocation of a license, or other
appropriate disciplinary action.
In
the case that my application is
approved and an acupuncture license is issued to me, I hereby agree to comply
with all laws and administrative rules pertaining to the practice of
acupuncture in New Hampshire. I understand that this includes the requirement
to use only sterile disposable one-use needles, and to use Clean Needle
Technique. I understand that I must follow the New Hampshire Code of Ethics for
acupuncturists and the NCCAOM Code of Ethics for acupuncturists.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13005, eff
3-19-20; ss by #13310-B, eff 12-17-21; ss by #13800, eff 12-26-23 (see Revision
Note at chapter heading for Acp 300)
Acp 301.03 Application
Denial. An application on file with
the board pursuant to Acp 301.01(d) shall be denied
if the information disclosed pursuant to Acp
301.02(n) indicates the applicant cannot be relied upon to practice
competently, safely, and honestly, or adhere to the ethical and professional
requirements of Acp 500.
Source. #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11,
EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
PART
Acp 302
QUALIFICATIONS
Acp 302.01 Personal
Qualifications.
(a) An applicant shall be at the age of majority
or older.
(b) An applicant shall be of good professional
character as evidenced by letters submitted on behalf of the applicant pursuant
to Acp 301.02(p).
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
Acp 302.02 Certification
Requirements.
(a) An applicant shall hold current, active
NCCAOM certification or prior NCCAOM certification.
(b) An applicant shall have successfully
completed an NCCAOM approved Clean Needle Technique Course.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
Acp 302.03 Degree
Requirements and Waivers Thereof.
(a) An applicant shall possess a baccalaureate,
registered nurse, or physician’s assistant degree from an accredited
institution.
(b) The board shall waive the requirement of a
baccalaureate, RN or PA degree for an applicant
provided that the applicant:
(1)
Has a current valid acupuncture license from another state whose
requirements are substantively equal to or exceed the requirements of RSA
328-G:9, II, verified directly from the state or states involved;
(2)
Has successfully completed a post-secondary acupuncture college program
which is approved by the Accreditation Commission for Acupuncture and Herbal
Medicine (ACAHM), or the board pursuant to Acp
303.01;
(3)
Meets all other requirements of licensure; and
(4)
Can prove at least 40 points based on the following:
a.
Every 3 credit hours earned at an accredited post-secondary institution,
verified by original transcripts from the colleges attended, shall equal 2
points;
b.
Each year the applicant has held a valid acupuncture license in another
state, verified directly from the state or states involved, shall equal 5
points; and
c. Each semester of teaching acupuncture or
acting as a clinical supervisor in an acupuncture school that is accredited or
in candidacy for accreditation by the Accreditation Commission for Acupuncture and Herbal Medicine (ACAHM) verified by documentation of
such activity directly from the institutions involved, shall equal 5 points.
(c) An applicant who has received a degree from
an institution outside the United States shall be determined to meet the
undergraduate degree requirement if the following criteria are met:
(1)
The school is approved by the government of that country; and
(2) An
official transcript in English is received from the institution that shows the
courses completed, number of months in attendance, and date and type of diploma
awarded.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13268, eff
9-28-21; ss by #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
Acp 302.04 Acupuncture
Education Requirement. An applicant
shall comply with one of the following:
(a) An applicant shall have completed a post-secondary acupuncture program at a school
that is:
(1)
Accredited or in candidacy for accreditation by ACAHM at the time the
applicant graduated; or
(2)
Board approved pursuant to Acp 303.01;
(b) An applicant shall have completed acupuncture
education that is approved by the NCCAOM, in earning the applicant’s
certification in an NCCAOM specified practice area; or
(c) An applicant shall qualify for a waiver of
the acupuncture education requirement as set forth in Acp
302.05.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
Acp 302.05 Waiver
of Acupuncture Education Requirement:
(a) For one year from the date on which the board
issues its first license, the acupuncture education requirement shall be waived
for an applicant who:
(1)
Possesses a current valid license to practice acupuncture in another
state, and that license is in good standing, verified directly from the state
or states involved; and
(2)
Meets all other requirements of this chapter.
(b) After one year from the date on which the
first license is issued, the acupuncture education requirement shall only be
waived for applicants meeting the requirements of Acp
302.05(a) as well as the following requirements:
(1) If
the applicant has received their training through an apprenticeship program,
that program, as verified by appropriate documentation, shall:
a.
Conform to all NCCAOM apprenticeship program standards that at the time
of completion were in compliance with certification
standards set by NCCAOM; and
b.
Provide a balance of clinical training and didactic instruction that
parallels the core curriculum of the ACAHM, including:
1. A
basic history of acupuncture;
2.
Basic Asian medical theory;
3.
Point location;
4.
Diagnostic skills;
5.
Treatment planning;
6.
Treatment technique;
7.
Specialized treatment patterns and point combinations;
8.
Emergency first aid treatment;
9.
Equipment and safety in practice techniques; and
10.
Ethics and human service skills; or
(2) If
the applicant has received acupuncture education at a school or college that is
not approved or in candidacy for approval by ACAHM at the time of the
applicant’s graduation, a waiver shall be granted by the board if the applicant
accrues 60 points based on the following point schedule:
a. An
applicant shall accrue 10 points for each completed school year, up to a total
maximum of 30 points, spent in a formal acupuncture program provided that:
1. The
applicant has graduated from that program; and
2. The
graduation from that program is verified by a transcript directly from that
program or school;
b. An
applicant shall accrue 10 points for each year of acupuncture practice, up to a
total maximum of 50 points, provided that:
1. The
applicant had a minimum of 500 patient visits per year;
2. The
applicant’s practice in that year was at least 70% general health care; and
3. The
applicant supplies the board with the following documentation with dates and
location of practice and at least 2 of the following:
(i)
Original letters from employers specifying dates and hours worked, and
number of visits;
(ii) Written statements from a
minimum of 20 patients, with current phone numbers and addresses for each,
specifying the time period of treatment;
(iii) Written statements, with
convincing testimony based on personal knowledge regarding the dates, volume,
and scope of practice, from at least 2 of the following:
i.
Other health care professional;
ii.
State or local acupuncture or oriental medicine professional
associations; or
iii.
Schools or colleges; or
(iv) Written statements from at
least 2 other respected members within the community with convincing testimony
based on personal knowledge regarding the dates, volume, and scope of practice;
and
c. An
applicant may accumulate additional points, up to a total maximum of 20 points,
in the following categories;
1. An
applicant shall accrue 2 points per semester for primary teaching
responsibility of an acupuncture
course provided that;
(i)
The course is taught at a board approved school or college as set forth
in Acp 303.01; and
(ii) The primary teaching
responsibility is verified directly from the school;
2. An
applicant shall accrue 2 points per semester for primary supervising
responsibility of a clinic course or rotation provided that:
(i)
The clinic course or rotation is taught at a board approved acupuncture
school or college; and
(ii) The primary supervising
responsibility is verified directly from the school; and
3. An
applicant shall accrue 2 points per published article about acupuncture or
Asian medicine provided:
(i)
The article is published in a nationally or internationally recognized
professional journal or publication; and
(ii) It is documented by a copy
of the article.
(c) Any applicant applying for a waiver of the
acupuncture education requirement pursuant to Acp
302.05 shall successfully complete at least a 6-credit course in anatomy and
physiology at an accredited college or university, verified by a transcript
directly from that institution.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
PART Acp 303 BOARD APPROVAL OF SCHOOLS OF ACUPUNCTURE
Acp 303.01 ACAHM
Accredited or Candidate Schools.
The board shall approve all acupuncture schools that are ACAHM
accredited or in candidacy for such accreditation.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
PART Acp 304 TEMPORARY TEACHING LICENSES AND INTERN
REGISTRATION
Acp 304.01
Temporary Teaching License, Visiting Teacher.
(a)
A teacher of acupuncture or Asian medicine who is visiting the state for
the purpose of teaching a seminar or course which will not exceed in duration a
period of 30 days, and who intends to practice acupuncture in
the course of that instruction shall:
(1) Submit to the board, no less than 60 days
prior to the beginning of the course, a letter of application which includes:
a. The name of the applicant;
b. The address and phone numbers at which the
applicant can be contacted;
c. The name and description of the course to be
taught;
d. The place where the course is to be taught;
e. The duration and intended dates of the
course; and
f. The name of the sponsoring individual or
organization;
(2) Prove licensure to practice
acupuncture in another state or country;
(3) Conform to requirements of
public health including use of disposable needles pursuant to RSA 328-G:10,IV;
and
(4) Pay the requisite fees
pursuant to Acp 306.01.
(b)
A person who is granted a temporary teaching license under Acp 304.01(a) shall not practice acupuncture outside the
specified course or seminar and shall not receive compensation for any practice
of acupuncture other than that received in compensation for the course itself.
(c)
A temporary teaching license shall be valid for no more than 30 days.
(d) The board shall grant an exception to the
30-day limitation on a temporary teaching license in the case of a periodic
seminar type course which:
(1) Constitutes a single course;
and
(2) Meets for no more than 6
sessions in a one-year period.
(e)
Other than those persons excepted under Acp
304.01(d), any person who intends to teach acupuncture in the state of New
Hampshire for a period of time longer than 30 days,
when that teaching involves the practice of acupuncture, shall obtain a regular
New Hampshire license pursuant to Acp 300.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
Acp
304.02 Intern. An intern shall be sponsored on a limited,
supervised, and temporary basis if the following criteria are met:
(a)
The prospective intern shall be sponsored by a New Hampshire licensed
acupuncturist in good standing who:
(1) Submits to the board a letter of application
for an intern registration which includes:
a. The name, business address, and phone number
of the sponsoring licensee;
b. The name of the prospective intern;
c. The address and phone number at which the
prospective intern may be contacted;
d. The name, address, and phone number of the
acupuncture school at which the intern is enrolled;
e. The intern’s expected date of graduation;
f. The location where the internship will take
place; and
g. Beginning and ending dates of the internship;
(2) Arranges for documentation to
be sent from the intern’s acupuncture school directly to the board that states
that the prospective intern:
a. Is currently enrolled in an acupuncture
program at a school that is ACAOM accredited or in candidacy; and
b. Has successfully completed course work in:
1. Needling techniques
2. Clean needle procedures;
3. Point location;
4. Point indications and contraindications;
5. Diagnosis; and
6. Treatment planning; and
(3) Agrees in writing to the board to:
a. Supervise the intern in all diagnosis and
treatment of patients;
b. Be on the premises at all
times when patients are being treated by the intern;
c. Identify an acupuncture intern as such to all
patients treated by the intern; and
d. Instruct the intern regarding relevant
licensee responsibilities and the ethical and professional standards as set
forth in Acp 503.01 and Acp
503.02.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
Acp
304.03 Duration and Completion of
Intern Registration.
(a)
An intern registration shall expire after one year from date of
approval, upon the intern becoming licensed as an acupuncturist under this
chapter, upon completion of the internship, or termination of the intern from
the program of study as described in Acp
304.02(a)(2)a., whichever comes first.
(b)
The licensee supervising the intern shall notify the board in by
submitting a letter containing the information outlined in (c) below within 30
days of an internship being completed or terminated.
(c) The letter required in (b) above shall
contain the following information:
(1)
The name of the intern;
(2)
The name of the supervising licensee;
(3)
The date the internship was completed or terminated;
(4)
Whether the internship was completed or terminated;
(5) In
the event of internship termination the reason for the termination; and
(6)
The signature of the supervising licensee and the date of signature.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
PART Acp 305 STUDENT OBSERVERS AND OFFICE ASSISTANTS
Acp
305.01 Licensee Obligations Regarding
Student Observers and Office Assistants.
A licensee who employs assistants, whether paid or unpaid, or allows
students to observe, shall be responsible for assuring that the following
requirements are met:
(a)
Such persons shall not diagnose, develop treatment plans, or insert
needles in patients;
(b)
If noninvasive treatment modalities such as moxibustion or cupping are
administered by assistants or students, the licensee shall be responsible for
the training and safe application of these procedures; and
(c)
All applicable regulations of the Occupational Safety and Health
Administration shall be followed in the handling of any instruments, materials,
or waste.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
PART Acp 306 FEES
Acp 306.01 Fee Schedule. Initial license application and license
renewal fees shall be $155.00.
Source.
#7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13005, eff
3-19-20; ss by #13800, eff 12-26-23 (see Revision
Note at chapter heading for Acp 300)
PART Acp 307 EXEMPTIONS TO RSA 328-G
Acp 307.01 Exemptions
for Persons Licensed Under NH RSA 316-A.
Any person licensed under NH RSA 316-A as of July 1, 1997,
and practicing acupuncture as of that date shall be granted an exemption to RSA
328-G:9, I, pursuant to RSA 328-G:9, VIII, provided that that person:
(a) Petitions the board, in writing, for an
exemption;
(b) Verifies proof of licensure under RSA 316-A
as of July 1, 1997;
(c) Provides evidence of acupuncture practice
prior to July 1, 1997;
(d) Verifies a minimum of 500 hours of
acupuncture training;
(e) Verifies current active NCCAOM certification
or prior NCCAOM certification; and
(f) Submits
to the board a copy of all documentation of education, apprenticeship, or
experience which has been submitted to the NCCAOM as qualifying the applicant
to sit for examination.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by
#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New.
#13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)
CHAPTER Acp 400 LICENSE RENEWAL AND CONTINUING EDUCATION
PART Acp 401 RENEWAL OF LICENSE
Acp
401.01 License Term. Renewal licenses shall be valid for 2 years upon approval of application submitted in a
timely manner in accordance with Acp 401.02(a).
Source.
#7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12
Acp
401.02 Renewal of License.
(a)
Any licensee wishing to renew a license shall submit the following no
later than the date of license
expiration:
(1) A completed “License Renewal Application”
form which contains the information specified by Acp
401.03; and
(2) The fee specified by RSA 328-G:9, II(d).
(b)
Failure to meet the requirements of Acp
401.02(a) by the prescribed date shall result in:
(1) The potential for a temporary period of
lapsed licensure during which time the applicant shall not practice acupuncture
provided that:
a. Such applicant has filed an application for
renewal prior to the actual date of license expiration and that application is
only awaiting board approval; or
b. Such applicant has filed a petition with the
board pursuant to Acp 402.03; or
(2) Expiration of licensure if application for
renewal has not been filed prior to the actual date of license expiration.
(c)
In the case of Acp 401.02(b)(2), such person
shall not practice acupuncture until such time that a new license is applied
for pursuant to Acp 301.01 and granted by the board.
(d)
In the case of Acp 401.02(c), supporting
documentation from the original application already on file with the board
shall be deemed adequate.
(e)
A renewal application shall be considered to be on file with the board on the date
when the board has received:
(1) A fully completed renewal form; and
(2) Proof that the applicant’s check has been
deposited and cleared.
(f)
Within 30 days of the date the renewal application is on file with the
board, the board shall request, if necessary, additional information or
documentation needed to clarify the renewal application or any materials
related to the renewal application.
(g)
Unless a waiver of the following time limit has been requested by the
applicant and granted by the board, the board shall approve or deny the renewal
application within a reasonable time not to exceed 60 days from:
(1) The date the application is on file with the
board; or
(2) The date of the response to a request
pursuant to Acp 401.02(f).
Source.
#7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13005, eff
3-19-20
Acp 401.03 Application
Form. The “Acupuncture Renewal
Application Form” shall require the applicant to supply the following
information:
(a) Legal name;
(b) Residence and business addresses and
telephone numbers;
(c) A statement indicating whether the applicant
is actively practicing acupuncture;
(d) Disclosure, and explanation where applicable, of the following information
regarding the previous 2-year period:
(1) If
any malpractice claim has been made against the applicant, regardless of whether a lawsuit was filed in
relation to the claim;
(2) If
the applicant has been denied an acupuncture license, certificate, or
registration anywhere for any reason;
(3) If
the applicant had employment or appointment in a hospital, clinic or other
health care facility suspended, or resigned from a health care facility in lieu
of being subject to a disciplinary action;
(4) If
the applicant has any formal disciplinary charges pending or if any
disciplinary action has been taken against the applicant by any acupuncture or
medical board, any health care facility, or any professional acupuncture
association;
(5) If
the applicant voluntarily surrendered a license to practice acupuncture or
other healing art in lieu of facing disciplinary action;
(6) If
the applicant has convicted of a crime involving violence, abuse, fraud, dishonesty,
or drugs;
(7) If
the applicant had a professional license in a field other than acupuncture
revoked, suspended, or otherwise terminated on disciplinary grounds, or if any
disciplinary actions are currently pending against the applicant in relation to
any professional license held; and
(8) If
the applicant has had an emotional disturbance, mental illness, organic
illness, or addictive disorder which impaired the applicant’s ability to
practice acupuncture, and if so, a description of the treatment received and
the outcome of such treatment;
(e) Answer yes or no to the question “Have you
completed 30 hours of continuing education as described in Acp
402.01?”;
(f) An affirmation that the applicant is
currently National Certification Commission for Acupuncture and Oriental
Medicine (NCCAOM) certified, specifying the date of expiration;
(g) The applicants signature and date of signing
below the following statement:
“I certify that the information I have
provided on all parts of this renewal application form and in any documentation
submitted to support my renewal application is, to the best of my knowledge,
true, accurate, complete, and unaltered. I acknowledge that any misrepresentations and
omissions of material facts may be cause for denial of license renewal and
shall be a basis for disciplinary action by the board.”
Source.
#7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23
Acp
401.04 Filing Date. An application for license renewal shall be
filed no sooner than 60 days before and no later than the expiration
date of the applicant's license.
Source.
#7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13005, eff 3-19-20
Acp 401.05 Denial
of Renewal. License renewal shall be
denied if, after notice and an opportunity for hearing, there is a
preponderance of the evidence to establish:
(a) Noncompliance with the continuing education
requirement of Acp 402.01, notwithstanding the
provisions of Acp 402.03(a);
(b) Failure to furnish complete or accurate
information on the “Acupuncture Renewal Application Form”; or
(c) That the requirements of RSA 328-G:9, II, and
these rules relative to licensure and qualifications have not been, or no
longer continue to be, met.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23
Acp 402.01 Continuing
Education Requirements.
(a) Each licensee shall complete 30 board
approved units of Professional Development Activities (PDA) for each 2-year
renewal period by:
(1)
Completing 30 continuing education units at approved institutions as
described in Acp 402.05(a) or as approved by the
board as described in Acp 402.05(b); and
(2)
Completing at least 15 units of the 30 continuing education units
described in (1) above that are directly related to acupuncture, and no more
than 15 units indirectly related to acupuncture. Of those indirect units 2 shall be in safety
and 2 shall be in ethics; or
(3)
Maintaining current, active NCCAOM certification.
(b) Any units in excess of
the 30-unit requirement earned during a 2-year renewal period shall be applied
to fulfill the continuing education requirement of the following renewal
period.
(c) Any excess PDAs carried forward under Acp 402.01(b) shall not be carried forward into subsequent
biennia.
(d) If a licensee has not met the 30-unit
requirement at the time of license renewal, the licensee may petition the board
for a waiver of the deadline pursuant to Acp 402.02.
(e) The licensee shall be responsible for proving
attendance at or participation in any continuing education courses or PDAs
submitted for license renewal.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23
Acp 402.02
Failure to Satisfy Continuing Education Requirements.
(a) An applicant for license renewal who has not
completed 30 CEUs for the preceding biennium:
(1)
Shall file a petition with the board prior to the date of license
expiration which proposes a specific timetable for completing specified courses
or activities to correct the CEU deficiency; and
(2)
Shall suspend practicing acupuncture on the date of license expiration
until such deficiency has been resolved and until the license is renewed.
(b) Failure to submit such petition prior to the
date of license expiration shall:
(1)
Result in license expiration; and
(2)
Necessitate application for a new license pursuant to Acp 301.01 and Acp 401.02(d).
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23
Acp
402.03 Approved Continuing Education
Units.
(a) The following shall be considered board approved
continuing education units:
(1) PDAs meeting the criteria of Acp 402.04 and Acp 402.05(a)
which include:
a. Research related to the knowledge or practice
of oriental medicine;
b. Publication which relates to the knowledge or
practice of oriental medicine;
c. Teaching courses in acupuncture, oriental
medicine or related topics in a preceptorship, formal school, or independent
seminar;
d. Clinical supervision in a preceptorship or
formal school;
e. Supervised clinical experience in oriental
medicine including observation, case discussion, and/or supervised practice;
and
f. Continuing education courses including CD-ROM, teleconference
and Internet-based programs; and
(2) Other continuing education courses which meet
the criteria of Acp 402.04 and Acp
402.05.
(b)
PDA points shall be valued according to the following schedule:
(1) Every 2 clock hours of documented research
shall be equivalent to one PDA point;
(2) Each acupuncture article published shall be
equivalent to 10 PDA points;
(3) Each acupuncture book or major work published
shall be equivalent to 30 PDA points;
(4) Each clock hour spent in teaching acupuncture
shall be equivalent to one PDA point;
(5) Each clock hour spent in the clinical
supervision of acupuncture students shall be equivalent to one PDA point;
(6) Each clock hour of supervised clinical
experience under a senior acupuncturist shall be equivalent to one PDA point;
(7) Each clock hour of a continuing education
course shall be equivalent to one PDA point; and
(8)
Each year of service on a professional board that relates specifically to
oriental medicine shall equal 5 PDA points.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13005, eff
3-19-20
Acp
402.04 General Requirements of
Continuing Education Courses.
(a)
All courses shall be relevant to the practice of acupuncture and
oriental medicine and provide skills and knowledge that enhance an
acupuncturist’s practice including:
(1) Oriental medical theory, techniques,
nutrition, and herbology;
(2) Western sciences such as:
a. Anatomy;
b. Physiology;
c. Pathology;
d. Biochemistry;
e. Microbiology;
f. Psychology;
g. Nutrition;
h. History of medicine;
i. Medical
terminology; and
j. Medical ethics;
(3) The study of Oriental languages, t’ai chi, and qi gong;
(4) Any area of expertise covered in Acp 601.03;
(5) Courses
in business, management, insurance billing, and practice building; and
(6) Any
course that is approved and accepted by NCCAOM.
(b)
One hour of classroom time shall be equivalent to one CEU.
(c) CEU courses shall be board
approved pursuant to Acp 402.05.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13005, eff
3-19-20
Acp
402.05 Board Approval of Continuing
Education Courses.
(a)
The board shall automatically approve all courses related to
acupuncture, Asian medicine, and general medical education that meet the
requirements of Acp 402.04 and are:
(1) Taught at schools that are ACAHM accredited,
in candidacy, or board approved;
(2) Offered for credit at accredited colleges or
universities;
(3) Approved by the NCCAOM review service;
(4) Approved by Continuing Education committees
of the American Association of Acupuncture and Asian Medicine or other national
professional healthcare associations; or
(5) Approved by other state licensing boards
including those offered through state professional organizations following
state licensing board requirements.
(b)
Courses offered by sponsors other than those identified in Acp 402.05(a) shall be approved only if the course offered
meets all the requirements of Acp 402.04 and the
board receives a letter from the sponsor which requests approval and contains
the following information:
(1) The name, address, and phone number of the
sponsoring agency or its contact person;
(2) The title, location, and date of the course;
(3) A description of all subjects covered by the
course which demonstrates conformity with Acp
402.04(a) and (b);
(4) The stated objective of the course and any
other descriptive material about the course or the instructors which helps to evaluate the course;
(5) A course syllabus, a course schedule with
hourly breakdown, and a description of all required textbooks and equipment;
(6) The name(s) and professional qualifications
of the instructor(s); and
(7) A statement that attendees who are present
for the entire course shall be given an attendance certificate for license
renewal purposes.
(c)
The board shall notify the sponsor of the board decision relative to Acp 402.05(b) within 60 days of receipt of the required
letter.
(d)
No course shall be advertised as having board approval until same is
granted by the board.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23
Acp 402.06 Notification
of Course Approval.
(a) Upon approving a continuing education course,
the board shall issue to the sponsoring party a letter of course approval which
contains:
(1)
The title of the course;
(2)
The date(s) the course is offered; and
(3)
The number of continuing education hours credited.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23
PART
Acp 403
DISCIPLINARY SANCTIONS
Acp 403.01
Notice and Imposition of Sanctions.
(a) Other than immediate license suspensions
authorized by RSA 541-A:30, III and Acp 403.03, the
board shall impose disciplinary sanctions only:
(1)
After prior notice and an opportunity to be heard; or
(2)
Pursuant to an agreed upon settlement or consent decree.
(b) Actions constituting misconduct shall be
those specified in RSA 328-G:12, II.
(c) Following a hearing and after a finding that
misconduct has occurred by a licensee, the board shall impose, pursuant to RSA
328-G:12, III, one or more of the following sanctions ranked in order of
increasing seriousness:
(1)
Public or private reprimand;
(2) An
administrative fine in an amount established by the board which shall not
exceed $2000 per offense, or in the case of a continuing offense, $250 for each
day the violation continues.
(3)
Suspension, limitation, or restriction of license; or
(4)
Revocation of license.
(d) In determining which sanction to impose, the
board shall consider:
(1)
Aggravating factors such as:
a. The
seriousness of the offense;
b. The
licensee’s prior disciplinary record, including number and type of prior
instances of misconduct; and
c. The
resulting harm to a person or to the public health and safety; and
(2)
Mitigating factors such as:
a. The
lack of seriousness of the offense;
b. The
licensee’s lack of a prior disciplinary record;
c. The
licensee’s state of mind at the time of the offense;
d. The
licensee’s acknowledgment of their wrongdoing; and
e. The
licensee’s willingness to cooperate with the board.
(e) Copies of board orders imposing disciplinary
sanctions and copies of all settlement agreements or consent decrees shall be
sent to the licensing body of each state in which the licensee is licensed and
to such other entities, organizations, associations, or boards as are required
to be notified under applicable state or federal law.
Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM,
eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12 (formerly Acp 220.01); ss by #13578, eff
5-8-23
Acp 403.02 Administrative
Fines.
(a) Administrative fines shall be assessed in
accordance with the factors stated in Acp 403.01(d),
adjusted pursuant to (b) below, utilizing the following:
(1)
When no violation has occurred within the 5 years preceding, the
standard fine assessed shall be $250 per offense;
(2)
When a single disciplinary infraction has occurred within the 5 years
preceding, the standard fine assessed shall be $500;
(3)
When more than one disciplinary infraction has occurred within the 5
years preceding, the standard fine assessed shall be $1000;
(4)
For any subsequent violation within a 5-year period, the standard fine
shall be $2000, notwithstanding (c) below; and
(5) In
the case of a continuing offense, the standard fine shall be $100 per day.
(b) A single course of continuing conduct shall
be treated as a single violation for the purposes of (1), (2), (3), and (4)
above.
(c) The board shall apply Acp
403.01(d) as aggravating and mitigating factors in establishing the actual amount of fines.
Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM,
eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12 (formerly Acp 220.02); ss by #13578, eff 5-8-23
Acp 403.03 Immediate
License Suspension.
(a) When the board receives information
indicating that a licensee has engaged in dishonesty or misconduct that poses
an immediate danger to life or health, the board shall issue an order pursuant
to RSA 541-A:30, III, that sets forth the alleged misconduct and immediately
suspends the license for up to 10 working days pending commencement of an
adjudicatory proceeding. If commenced
within 10 working days, the suspension shall continue until there is a decision
in the proceeding.
(b) Suspension orders under this section shall
include the notice of hearing pursuant to Acp
207.02(b).
(c) No hearing date established in a proceeding
conducted under this section shall be postponed at the request of the licensee
unless the licensee also agrees to continue the suspension period pending
issuance of the board’s final decision.
Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM,
eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12 (formerly Acp 220.03); ss by #13578, eff 5-8-23
Acp 403.04 Voluntary
License Surrender When Disciplinary Allegations are Pending.
(a) A licensee may surrender a license at any
time.
(b) Surrender or nonrenewal of a license shall
not preclude the board from investigating or completing a disciplinary
proceeding based upon the licensee’s conduct while the license is still in
effect. Such investigations and proceedings shall be handled in the same manner
as other disciplinary investigations and proceedings.
(c) A licensee who surrenders a license shall
have no right or privilege granted through acupuncture licensure in New
Hampshire except as shall be specifically set forth in a board order settlement
agreement, or order of a court of competent jurisdiction. A licensee who
reapplies for a license in New Hampshire after surrender shall meet all the
requirements in effect for new applicants as set forth in statute and rules at
that time.
(d) A licensee who surrenders a license as part
of a settlement of pending misconduct allegations shall make a written
settlement offer to the board before the close of the record in a disciplinary
hearing.
(e) Any settlement agreement reached under (d)
above, shall include the following concessions:
(1)
That license surrender has occurred in settlement of pending
disciplinary allegations; and
(2)
That the pending allegations shall be issues to be resolved in any
future application the licensee may submit in New Hampshire.
(f) The fact of license surrender pending
disciplinary action and the terms of any settlement agreement pertaining
thereto shall be distributed to all relevant licensing authorities and data
bank in the same manner as a final decision containing specific findings of
dishonesty or misconduct.
Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM,
eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12 (formerly Acp 220.04); ss by #13578, eff 5-8-23
Acp 403.05 Reciprocal
Discipline. When the board receives
notice that a licensee has been subjected to suspension or revocation of a license
without subsequent reinstatement, the board shall issue an order directing the
licensee to demonstrate why reciprocal discipline should not be imposed in New
Hampshire.
Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM,
eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12 (formerly Acp 220.05); ss by #13578, eff 5-8-23
CHAPTER
Acp 500
RESPONSIBILITIES OF LICENSEES AND ETHICAL AND PROFESSIONAL STANDARDS
PART
Acp 501
PURPOSE AND SCOPE
Acp 501.01 Purpose
and Scope. The purpose of this chapter is to define the
responsibilities of licensees and to establish the parameters of professional
and ethical conduct within the acupuncture profession.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New. #13516, eff 3-7-23
PART
Acp 502
RESPONSIBILITIES OF LICENSEES
Acp 502.01 Responsibilities
of Licensees.
(a) A licensee shall comply with all applicable
rules adopted by the board.
(b) A licensee shall submit only truthful and
correct information, to the best of the licensee’s knowledge and belief, in any
application or other document filed with or statement made to the board.
(c) A licensee shall cooperate with
investigations and requests for information from the board.
(d) A licensee shall inform the board of:
(1) A
principal business address to which all official board communications should be
directed; and
(2)
All addresses where the licensee is practicing.
(e) A licensee shall report to the board within
30 days any change or abandonment of a business address.
(f) A licensee shall display his or her current
New Hampshire acupuncture license at his or her principal place of business and
a copy at any other place of business.
(g) A licensee shall know and have available in
his or her office information regarding how patients may contact the board
regarding complaints.
(h) A licensee shall maintain, for a minimum of 7
years from the date of the last acupuncture treatment, complete and accurate
records of each patient treated, including:
(1)
Name and address of patient;
(2)
Dates of treatment;
(3)
Treatments given; and
(4)
Fees charged.
(i) A licensee shall
inform the board within 30 days of any disciplinary action taken against the
licensee by a state, regional, or national agency or association, including the
NCCAOM.
(j) A licensee shall inform the board within 30
days of any civil action or insurance claim filed against the licensee that
alleges malpractice.
(k) A licensee shall inform the board within 30
days of any decisions made in such civil actions or insurance claims as cited
in Acp 50l.02(j) above.
(l) A licensee shall, as required by RSA
328-G:10, IV, use sterile, disposable, one-use needles.
(m) A licensee shall use Clean Needle Technique.
(n) A licensee shall comply with all relevant
state rules and federal regulations regarding safe practice and disposal of
medical waste.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New. #13516, eff 3-7-23
PART
Acp 503
ETHICAL AND PROFESSIONAL STANDARDS
Acp 503.01 Obligation
to Obey.
(a) The ethical standards set forth in this part
shall bind all licensees, and violation of any such standard shall be a basis
for imposing disciplinary sanctions.
(b) Conduct proscribed by these ethical standards
shall be grounds for establishing that a person is in violation of RSA 328-G:9,
II(e), with regard to character and shall be a basis
for denying a license application or renewal or for issuing a restricted
license.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New. #13516, eff 3-7-23
(a)
A licensee shall adhere to the code of ethics required as a condition of
NCCAOM certification, pursuant to 328-G:9, II(b).
(b)
A licensee shall also adhere to the following standards:
(1) A licensee shall provide honest and accurate
information in medical reports;
(2) A licensee shall report evidence of
professional misconduct on the part of another licensee, when that conduct
poses a potential threat to life, health, or safety;
(3) A licensee shall maintain sexual boundaries
by:
a. Refraining from any behavior that exploits
the practitioner-patient relationship in a sexual way; and
b. 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 patient; and
(4) A licensee shall be truthful in publicly
representing or advertising him or herself by avoiding the following:
a. False, deceptive, or misleading statements;
b. Unreasonable or exaggerated claims of
success;
c. Guarantees of success;
d. Claims or implications of professional
superiority or of training that cannot be substantiated;
e. Unsubstantiated claims of expertise or
certification of such in any specific areas of the scope of practice set forth
in Acp 601.03; and
f. Use of non-acupuncture graduate degrees in
one’s title without specifying the field.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12, EXPIRED: 6-27-22
New. #13516, eff 3-7-23
CHAPTER Acp 600 SCOPE OF PRACTICE AND SPECIALTY PRACTICE
PART Acp 601 SCOPE OF PRACTICE
Acp 601.01 Definitions.
(a) “Acupressure” means a non-invasive treatment
approach utilizing the same underlying diagnostic model as acupuncture but
treating the appropriate points with pressure.
(b) “Amma” means a system of body work therapy
which employs a wide variety of massage techniques, manipulations and the
application of pressure, friction, and touch to points and the channels on
which they are located.
(c) “Auriculotherapy” means ear acupuncture which
applies the principles of acupuncture to specific points on the ear to treat
illness, injury, or other health conditions and concerns.
(d) “Channels” mean the pathways through which
energy passes throughout the body.
(e) “Craniosacral therapy” means a treatment
approach using gentle massage pressure to rebalance the craniosacral system.
(f) “Functional medicine” means a systems
biology-based approach that focuses on identifying and treating the root cause
illness, injury, or other health conditions.
(g) “Gua sha” means a scraping technique used in
oriental medical treatments to disperse stagnation in soft tissue.
(h) “Integrative medicine” means an approach that
applies multimodal interventions and uses conventional and complementary
approaches in a coordinated manner to address a patient’s health concerns.
(i) “Jin shin do” means a Japanese form of acupressure which is
characterized by self-treatment.
(j) “Jin shin jitsu” means a Japanese form of
acupressure utilizing a combination of acupressure points called safety energy
locks which are held for a minute or more in an effort to
harmonize body, mind, and spirit.
(k) “Pakua” means an
oriental exercise system philosophically based on the Chinese trigrams.
(l) “Points” mean specific places on the energy
channels of the body, located anatomically or by sensitivity to pressure and
characterized by lower electrical resistance than the surrounding tissue.
(m) “Polarity therapy” means a holistic therapy
that combines bodywork, dietary adjustments, and exercises to restore the
balance of the body’s vital energy through correction of the electromagnetic
field of the body.
(n) “Qi gong” means an ancient Chinese exercise
system that stimulates and balances the flow of vital energy in the channels by
regulating posture, mind, and breath.
(o) “Reiki” means a Japanese energy therapy that
uses energy transmission to balance the biofield that surrounds the human body.
(p) “Review of systems” means an inventory of the
body systems that is obtained through a series of questions in
order to identify signs or symptoms which the patient may be
experiencing. This term also includes
“general system review”.
(q) “Shiatsu” means a Japanese acupressure
technique which restores a balanced flow of energy within the channels of the
body by application of rhythmic pressure on specific points using the fingers,
hands, elbows, knees, and feet.
(r) “Sotai” means a Japanese therapeutic exercise
system devised by Keizo Hashimoto based on the perception that a distortion in
a person’s center of gravity or polar axis leads to disorders and disease.
(s) “T’ai chi” means a
Chinese system of exercise consisting of slow, controlled, and fluid movements
through a series of specific postures to circulate the vital energy of the
body.
(t) “Therapeutic touch” means an energetic
therapy developed by Dolores Krieger, RN, that employs a laying-on-of-hands
technique based on Asian theories of energy flow.
(u) “Tuina” means a form of Asian bodywork that
utilizes acupuncture point pressure as well as a variety of rubbing, circling
and manipulation techniques to disperse blockages in or generate energy into
various channels.
(v) “Zero balancing” means a touch technique for
aligning the body’s energy and musculoskeletal system developed by Fritz Smith,
osteopath and acupuncturist.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13516-A, eff
3-7-23
Acp 601.02 Duty
of Licensees Regarding Scope of Practice.
Each licensee shall practice only within the scope of his or her training,
expertise, and capability.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13516-A, eff
3-7-23
Acp 601.03 The
Scope of Practice of Licensed Acupuncturists. Pursuant to RSA 328-G:10, I and II, the scope
of practice of licensed acupuncturists shall include but is not to be limited
to the following services:
(a) Acupuncture and related techniques,
including:
(1)
Percutaneous techniques, such as:
a. The
temporary stimulation of acupuncture points by means of conventional
acupuncture needles;
b.
Insertion and retention, for days or weeks, of intradermal needles or
press tacks in acupuncture points;
c.
Traditional therapeutic bleeding; and
d. Ion
cord or by-pass cord therapy linking acupuncture needles with wires; and
(2)
Transcutaneous acupuncture techniques, such as:
a
Non-penetrating surface stimulation with needles or related surface
stimulation devices;
b.
Surface stimulation with magnets, rhythmic tapping devices, pieces of
metal, or seeds; and
c.
Cupping, the application of suction devices on the skin;
(b) Moxibustion and other treatments using heat,
light, color, sound, electromagnetism, and herbs, such as:
(1)
Burning of herbs on or near the skin;
(2)
Warming with an electrical or non-electrical heating device held near
the skin;
(3)
Herbal poultices or compresses;
(4)
Infrared therapy;
(5)
Electromagnetic therapies;
(6)
Ultraviolet therapy;
(7)
Ultrasound therapy;
(8)
Low energy laser acupuncture utilizing non-surgical lasers classified as
class III b by the FDA; and
(9)
Hot and cold packs;
(c) Electroacupuncture, with or without needles,
for detection of acupuncture points, diagnosis of energetic imbalances, or
treatment with devices such as:
(1)
Transcutaneous electrical nerve stimulation (TENS) units, Piezo quartz
devices, and other similar electro-stimulation units;
(2)
Pointer, Ito, AWQ and other similar electroacupuncture point detection
and treatment units;
(3) Ryodo-Raku meters and other similar diagnostic and
treatment devices;
(4)
Vega machines and other similar diagnostic systems; and
(5)
Ion pumping cords, triple by-pass cords, Pachi Pachi
Pana sparkers, and other similar electronic, treatment-enhancing devices;
(d) Body work, including massage and oriental
manipulation of skeletal and soft tissue for the correction of blockages of
energy in the acupuncture channels and the surrounding tissue, such as:
(1)
Tuina;
(2)
Shiatsu;
(3)
Acupressure;
(4)
Amma;
(5)
Gua sha;
(6)
Jin shin jitsu;
(7)
Jin shin do;
(8)
Polarity therapy;
(9)
Reiki;
(10) Therapeutic
touch;
(11)
Zero balancing; and
(12)
Craniosacral therapies;
(e) Diagnostic and physical examination
procedures, such as:
(1)
Muscle testing;
(2)
Body palpation;
(3)
Pulse palpation;
(4)
Tongue assessment;
(5)
Review of laboratory testing;
(6)
Review of diagnostic imaging; and
(5)
Review of systems;
(f) Therapeutic exercise, martial arts, and
breathing techniques, such as:
(1) Qi
gong;
(2) T’ai chi;
(3) Pakua; and
(4)
Sotai;
(g) Dietary counseling including the therapeutic
use of food and supplements;
(h) The prescribing of herbs, Asian patent
medicines, and homeopathically prepared substances;
(i) Stress reduction
through such methods as meditation and relaxation techniques; and
(j) Life style
counseling towards achieving physical, mental, emotional and spiritual balance
in daily life.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13516-A, eff
3-7-23
Acp 601.04 Relative
to Non-Surgical Laser Use. Each
licensee shall comply with all FDA regulations and requirements in the use of
low energy, non-surgical lasers.
Source. #7081, eff 8-26-99;
ss by #7872, eff 4-14-03; ss
by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12
New. #10158, eff 6-27-12; ss by #13516-A, eff
3-7-23
CHAPTER
Acp 700
ACUPUNCTURE DETOXIFICATION SPECIALISTS
PART Acp
701 DEFINITIONS
Acp 701.01 Definitions.
(a) “A combination of points on the ear” means
the standardized NADA ear protocol in effect as of July 1, 2017 limited to the
use of the 5 auricular acupuncture points known as shen
men, sympathetic, kidney, liver, and lung.
(b)
“Acupuncture detoxification” means “acupuncture detoxification” as defined in
RSA 328-G:2, IX, namely “the treatment by means of the insertion of acupuncture
needles in a combination of points on the ear.” The term includes “acu-detox.”
(c)
“Acupuncture detoxification specialist (ADS) or (certificate holder)” means
“acupuncture detoxification specialist” as defined in RSA 328-G:2, X, namely,
“an individual certified by the board to practice acupuncture detoxification in
this state.”
(d) “Applicant” means a person who has an
application for an acupuncture detoxification specialist certification pending
before the board.
(e)
“Board” means “board” as defined in RSA 328-G:2, III, namely, “the board of
acupuncture licensing established under RSA 328-G:3.”
(f) “Board-approved other professional” means
social workers, emergency service workers, police officers, firefighters,
guidance counselors, and substance abuse workers within a treatment facility.
(g) “Business hours” means hours when services are
being performed by the acupuncture detoxification specialist.
(h)
“Equivalent training” means training that meets or exceeds the 70-hour mixed
didactic and clinical NADA acupuncture detoxification specialist training
curriculum in effect as of July 1, 2017, as defined in the NADA Acupuncture
Detoxification Specialist Training Manual, effective July 1, 2017, available as
noted in Appendix II.
(i) “General supervision” means supervision
provided by a New Hampshire licensed acupuncturist who shall be available by
phone or other electronic means during business hours and who conducts at least
two site visits per year as defined in RSA 328-G:9-a, II(b).
(j)
“NADA” means “NADA” as defined in RSA 328-G:2, XI, namely “the National
Acupuncture Detoxification Association.”
(k)
“NADA standards of competency” means the standards of competency for
acupuncture detoxification specialists developed by NADA that are defined in
the NADA Acupuncture Detoxification Specialist Training Manual, effective July
1, 2017, available as noted in Appendix II.
(l)
“NADA training” means “NADA training” as defined in RSA 328-G:2, XII, namely,
“the standardized auricular acupuncture protocol developed by NADA that is in
effect on July 1, 2017.”
(m) “Peer counselor” means a peer-based recovery
trained supporter who helps to initiate and sustain an individual in their
behavioral health and in their recovery from substance abuse and addiction.
(n)
“Recovery coach” means anyone employed in promoting recovery by removing
barriers and obstacles to recovery and serving as a personal guide and mentor
for people seeking or already in recovery.
(o) “Standardized auricular acupuncture protocol”
means the NADA acudetoxification protocol that
utilizes a standardized and limited 5-point auricular acupuncture on a
combination of points on the ear within the context of addictions and
behavioral health treatment and prevention programs and mutual support
fellowships. The term is also known as “NADA protocol.”
(p) “Supervising acupuncturist” means a New
Hampshire licensed acupuncturist in good standing, trained in the NADA protocol
or other board-approved training, who has certified their willingness to
supervise an acupuncture detoxification specialist via their signature on the
ADS application form.
Source. #12575, eff 7-20-18
PART Acp
702 APPLICATION PROCEDURE
Acp 702.01 Acupuncture
Detoxification Specialist Application.
(a) Each applicant for certification as an
acupuncture detoxification specialist shall complete and submit to the board an
“Acupuncture Detoxification Specialist Certification Application”, effective
July 2018 and available on the board’s website, which includes the following on
or attached to the form:
(1)
The applicant’s legal name, other names the applicant has been known by
and reason for name change, mailing address, and telephone number(s);
(2)
The date(s) the applicant attended and completed NADA or other
board-approved training;
(3)
The date of application;
(4)
The applicant’s signature;
(5) The primary practice location
address that the acupuncture detoxification services will be performed;
(6)
Any additional practice location addresses;
(7)
The applicant’s date of birth;
(8)
The applicant’s social security number, as required by RSA 161-B:11,
VI-a;
(9)
The applicant’s email address;
(10) A copy of the NADA ethics
pledge, or ethics pledge issued by other board-approved training programs,
statement signed by the applicant;
(11) A copy of the NADA or other board-approved
training certificate of training completion;
(12) Application fee of $110.00;
(13) The following information about the
supervising acupuncturist:
a.
Name, mailing address, and telephone number(s);
b.
License number and expiration date; and
c.
The supervising acupuncturist’s signature attesting that he or she
agrees to abide by Acp 703.01;
(14) Attestation from the supervising
acupuncturist of their own familiarity with:
a.
The NADA Acupuncture Detoxification Specialist Training Manual,
effective July 1, 2017, available as noted in Appendix II;
b.
Prior NADA training that meets or exceeds the NADA training; or
c.
Other board-approved training;
(15) An indication as to whether the applicant has
had an acupuncture detoxification certificate, license, or other similar
registration revoked, suspended, or limited in this or any other state or
jurisdiction;
(16) An indication as to whether the applicant has
had a professional license or certification in a field other than acupuncture
detoxification revoked, suspended, or otherwise terminated on disciplinary
grounds;
(17) An indication as to whether the applicant
holds a current health care, recovery coach or peer counselor professional
license, certificate or other similar credential. The
applicant shall provide the professional license, certificate or credential
type, number, and state of issuance;
(18) An indication as to whether the applicant has
prior work or volunteer experience in substance abuse or addictions treatment
or behavioral health treatment; and
(19) An indication as to whether the applicant has
successfully completed clean needle technique training as outlined in the NADA
Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017,
available as noted in Appendix II, or as outlined in the training approved
pursuant to Acp 705.
(b) The applicant shall provide a detailed
explanation to any affirmative answer given in response to questions (15)-(19)
in (a) above.
Source. #12575, eff 7-20-18
Acp 702.02 ADS
Certificate Renewal Procedure. ADS
certificate holders seeking to renew their certificates shall, on or before
June 30 every other year, complete and submit an “Acupuncture Detoxification
Specialist Renewal Application” form, effective July 2018.
Source. #12575, eff 7-20-18
PART Acp
703 SUPERVISION OF ACUPUNCTURE
DETOXIFCATION SPECIALISTS
Acp 703.01 General
Supervision.
(a) New Hampshire licensed acupuncturists who
agree to supervise an acupuncture detoxification specialist shall:
(1)
Conduct at least 2 site visits per year, which shall include:
a.
Review of sanitary conditions of the site, including compliance with
clean needling technique standards; and
b.
Review of documentation required by NADA training, including but not
limited to verification of treatment consent agreements; and
(2)
After each site visit, complete and submit a written supervision report
to the board containing:
a.
Conditions of the site including verification of adequate site
sanitation, and verification of proper needle storage and disposal;
b.
Verification of adequate patient documentation as required by the NADA
Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017,
available as noted in Appendix II;
c.
Name of ADS being supervised, supervision site location address, date
and time of the supervisory visit, and name of supervising acupuncturist;
d.
Estimate of how many clients the ADS sees each day;
e.
If the supervising acupuncturist has reason to believe the ADS is not
following the NADA protocol as described in the NADA Acupuncture Detoxification
Specialist Training Manual, effective July 1, 2017, available as noted in
Appendix II, an explanation of the circumstances giving rise to that belief;
f.
If the supervisor has reason to believe the ADS is not following the ADS
standards of competency as described in the NADA Acupuncture Detoxification
Specialist Training Manual, effective July 1, 2017, available as noted in
Appendix II, an explanation of the circumstances giving rise to that belief;
g.
If the supervisor has reason to believe the ADS is not following the ADS
Ethics Pledge as described in the NADA
Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017,
available as noted in Appendix II, or an equivalent ethics pledge issued
by other board-approved training programs, an explanation of the circumstances
giving rise to that belief;
h.
If the supervising acupuncturist has reason to believe that the level of
supervision being provided is not appropriate and needs to be modified, an
explanation of the circumstances giving rise to that belief; and
i. If the supervising acupuncturist has reason
to believe the actions of the ADS constitute misconduct as specified in Acp 704.01,
an explanation of the circumstances giving rise to that belief.
(b) Supervising acupuncturists shall be available
by phone or other electronic means during business hours. In the event the
supervisor is temporarily unavailable for supervision, the parties to the
supervision agreement shall ensure a substitute supervising acupuncturist shall
be available.
(c) Supervising acupuncturists shall maintain a
current New Hampshire acupuncture license in good standing.
Source. #12575, eff 7-20-18
Acp 703.02 Supervising
Acupuncturist and ADS Requirements.
(a) Supervising acupuncturists shall notify the
board in writing at least 45 days prior to the termination of the supervision
if they terminate supervision of an ADS or, in the case of an emergency, as
soon as practicable thereafter. The notification shall include the date of the
termination and signatures of the ADS and the supervising acupuncturist.
(b) A supervising acupuncturist shall give the
ADS at least 45 days’ notice or, in the case of an emergency, as soon as
possible if unavailable to provide supervision.
(c) ADS certificate holders who wish to change
supervisors shall do so by completing and submitting a signed “Acupuncture
Detoxification Specialist Change of Supervising Acupuncturist Application”
form, effective July 2018 and available on the board’s website, which shall
include:
(1)
The name of the ADS to be supervised;
(2)
The following information about the supervising acupuncturist:
a.
Name, mailing address, and telephone number(s); and
b.
License number and expiration date;
(3)
The signature of the new supervising acupuncturist attesting:
a.
That he or she will abide by the provisions of Acp
703.01; and
b.
Familiarity with the following:
1.
The NADA Acupuncture Detoxification Specialist Training Manual,
effective July 1, 2017, available as noted in Appendix II;
2.
Prior NADA training that meets or exceeds the NADA training; or
3.
Other board-approved training; and
(4)
The date the supervisor change is in effect.
(d) An ADS shall not practice if the supervising
acupuncturist is unavailable for supervision.
Source. #12575, eff 7-20-18
PART Acp
704 DISCIPLINARY PROCEDURES AND
REVOCATION OF CERTIFICATION
Acp 704.01 Discipline
of Acupuncture Detoxification Specialists.
The board shall, after notice and opportunity to be heard in accordance
with Acp 200, impose disciplinary sanctions upon an
ADS if he or she:
(a) Fails to follow the NADA ethics pledge, or an
ethics pledge issued by other board-approved training programs, by engaging in
any of the following behaviors:
(1)
Not maintaining a professional relationship with all persons served;
(2)
Drug or alcohol abuse;
(3)
Breach of confidentiality;
(4)
Failing to maintain the highest standards in all services provided;
(5)
Claiming or implying qualifications exceeding those actually
obtained;
(6)
Implying competence to use acupuncture in general unless so trained and
licensed;
(7)
Failing to limit the practice to the NADA protocol unless permitted to
perform acupuncture in general under the scope of practice of a professional
license;
(8)
Not using acu-detox in conjunction with
appropriate counseling and supportive services as described in the NADA
training or in the training approved pursuant to Acp
705; or
(9)
Engaging in any other behavior that demonstrates failure to comply with
the applicable ethics pledge.
(b) Fails to follow the NADA standards of
competency by:
(1)
Not being able to perform at least 20 treatments during a 4 hour period with good point location and technique;
(2)
Not being able to explain the uses and limits of the treatment;
(3)
Not being able to demonstrate sensitivity, compassion, and respect for
clients;
(4)
Not being able to understand the communal treatment effect and maintain
an appropriate atmosphere;
(5)
Not being able to demonstrate clean needle technique;
(6) Not being able to demonstrate
understanding of and compliance with the limited scope of practice and other
ethical principles;
(7)
Not being able to demonstrate understanding of the implications of
auricular acupuncture for addictions and behavioral health in the larger
treatment context;
(8)
Not being able to write chart notes of client status, treatment given,
and client response;
(9)
Not being able to demonstrate the understanding of the adjunctive nature
of acu-detox and the importance of collaboration and
communication with the treatment team;
(10) Not being able to demonstrate
recognition of the psycho-spiritual nature of recovery and respect and support
the client’s internal process;
(11) Not being able to modify
treatment appropriately and to respond to adverse clinical situations; or
(12) Not being able to demonstrate understanding
of addictions and the NADA protocol from the perspective of basic concepts of
Oriental medicine;
(c) Fails to maintain current ADS certification
while engaged in the practice of acu-detox; or
(d) Has a professional license or certification
in a field other than acupuncture detoxification revoked, suspended, or
otherwise terminated on disciplinary grounds.
Source. #12575, eff 7-20-18
Acp 704.02 Imposition
of Sanctions.
(a) Other than immediate certificate suspensions
authorized by RSA 541-A:30, III and Acp 704.03, the
Board shall impose disciplinary sanctions only:
(1)
After prior notice and an opportunity to be heard; or
(2)
Pursuant to an agreed upon settlement or consent decree.
(b)
Actions constituting misconduct shall be those specified in Acp 704.01.
(c)
Following a hearing and after a finding that misconduct has occurred by
a certificate holder, the board shall impose, pursuant to RSA 328-G:7, XIV (b),
one or more of the following sanctions ranked in order of increasing
seriousness:
(1)
Public or private reprimand;
(2)
Suspension or restriction of certification; or
(3)
Revocation of certification.
(d) In determining which sanction(s) to impose,
the board shall consider:
(1)
Aggravating factors such as:
a.
The seriousness of the offense;
b.
The certificate holder’s prior disciplinary record, including number and
type of prior instances of misconduct; and
c.
The resulting harm to a person or to the public health and safety; and
(2)
Mitigating factors such as:
a.
The lack of seriousness of the offense;
b.
The certificate holder’s lack of a prior disciplinary record;
c.
The certificate holder’s state of mind at the time of the offense;
d.
The certificate holder’s acknowledgment of his or her wrongdoing; and
e.
The certificate holder’s willingness to cooperate with the board.
(e) Copies of board orders imposing disciplinary
sanctions and copies of all settlement agreements or consent decrees shall be
sent to the licensing body of each state in which the ADS certificate holder is
certified or licensed or holds other similar registration and to such other
entities, organizations, associations, or boards as are required to be notified
under applicable state or federal law.
Source. #12575, eff 7-20-18
Acp 704.03 Immediate
Certificate Suspension.
(a) When the board receives information
indicating that a certificate holder has engaged in misconduct that poses an
immediate danger to life or health, the board shall issue an order pursuant to
RSA 541-A:30, III, that sets forth the alleged misconduct and immediately
suspends the certificate for up to 10 working days pending commencement of an
adjudicatory proceeding. If commenced
within 10 working days, the suspension shall continue until there is a decision
in the proceeding.
(b) Suspension orders under this section shall
include the notice of hearing pursuant to Acp
207.02(b).
(c) No hearing date established in a proceeding
conducted under this section shall be postponed at the request of the
certificate holder unless the certificate holder also agrees to continue the
suspension period pending issuance of the board’s final decision.
Source. #12575, eff 7-20-18
Acp 704.04 Voluntary
Surrender of ADS Certification.
(a) A certificate holder may surrender a
certificate at any time.
(b) Surrender or nonrenewal of a certificate
shall not preclude the board from investigating or completing a disciplinary
proceeding based upon the certificate holder’s conduct while the certificate is
still in effect. Such investigations and proceedings shall be handled in the
same manner as other disciplinary investigations and proceedings.
(c) A certificate holder who surrenders a
certificate shall have no right or privilege in New Hampshire except as shall
be specifically set forth in a board order settlement agreement, or order of a
court of competent jurisdiction. A certificate holder who reapplies for a
certificate in New Hampshire after surrender shall meet all the requirements in
effect for new applicants as set forth in statute and rules at that time.
(d) A certificate holder who surrenders a
certificate as part of a settlement of pending misconduct allegations shall
make a written settlement offer to the board before the close of the record in
a disciplinary hearing.
(e) Any settlement agreement reached under (d)
above shall include the following concessions:
(1)
That certificate surrender has occurred in settlement of pending
disciplinary allegations; and
(2)
That the pending allegations shall be issues to be resolved in any
future application the certificate holder may submit in New Hampshire.
(f) The fact of certificate surrender pending
disciplinary action and the terms of any settlement agreement pertaining
thereto shall be distributed to all relevant certification authorities and data
bank in the same manner as a final decision containing specific findings of
misconduct.
Acp 704.05 Reciprocal
Discipline. When the board receives
notice that a certificate holder has been subjected to suspension or revocation
of a certificate without subsequent reinstatement, the board shall issue an
order directing the certificate holder to demonstrate why reciprocal discipline
should not be imposed in New Hampshire.
Source. #12575, eff 7-20-18
PART Acp
705 OTHER BOARD-APPROVED TRAINING
Acp 705.01 Training
Required. Pursuant to RSA 328-G:9-a, I, applicants for certification as an
ADS shall complete either:
(a) The NADA Acupuncture Detoxification
Specialist Training Manual, effective July 1, 2017, available as noted in
Appendix II; or
(b) A training program that meets or exceeds the
standards of (a) above which is approved by the board pursuant to Acp 705.02.
Source. #12575, eff 7-20-18
Acp 705.02 Board
Approval of NADA-Equivalent Training Programs. The board shall approve any 70-hour mixed
didactic and clinical training program that demonstrates it meets the
requirements of Acp 705.03-705.05. Programs seeking
approval under this part shall submit documentation sufficient to demonstrate
compliance with these requirements no later than 4 months before offering the
training program for the first time.
Source. #12575, eff 7-20-18
Acp 705.03 Didactic
and Clinical Experiences Required.
Training programs shall include at least 30 hours of didactic education
covering subjects related to acupuncture detoxification and 40 clinical hours
under the supervision of a licensed acupuncturist.
Source. #12575, eff 7-20-18
Acp 705.04 Board-Approved
Training Curriculum Requirements.
The training curriculum shall include, but need not be limited to, the
following subject matter:
(a) The history of acupuncture detoxification;
(b) Acupuncture detoxification
point locations and descriptions, ear anatomy, identification of “active area”
by changes in color, texture, etc.;
(c)
Infectious disease, safety, and clean needle technique training as outlined in
the NADA Acupuncture Detoxification Specialist Training Manual, effective July
1, 2017, available as noted in Appendix II;
(d) Needling technique, needle angle of insertion
and insertion depth, needle removal, needle accountability, and disposal of
needles;
(e)
Breathing technique, body positioning, minimizing discomfort, clinical
concerns, and complications with needling;
(f) Client communication including bedside
manner, obtaining informed consent, developing and
presenting information about acupuncture detoxification services, and
addressing client fear and resistance to treatment;
(g)
The communal treatment approach and effect, the yin nature of treatment, and
non-verbal communication;
(h) Oriental medicine concepts as they relate to
ADS, and the concept of empty fire;
(i) Trial treatments
including explanation of what happens during treatment, addressing trainee fear
of inflicting pain, practice on class members and inanimate objects, and client
treatments in existing acupuncture detoxification service settings;
(j)
Maintaining boundaries, safe touch, recognizing and supporting the client’s
safe space, and observation and modification of treatment as needed in response
to the needs of the client;
(k)
Partnership with clients through the provision of acupuncture detoxification
services, understanding that healing is within the client, supporting and
endorsing other recovery processes, minimization of self and avoiding
controlling behavior, and empowering the client’s choice to receive acupuncture
detoxification services;
(l)
ADS self-care including stress management, burnout prevention, receiving
acupuncture detoxification treatments, attending Al-anon or other mutual help
fellowships, and recognizing and validating the subjective experience;
(m) Client management issues and strategies,
including how to maintain order in a room while providing acupuncture
detoxification services to at least 5 clients, sensitivity to issues of racism,
sexism, and homophobia in treatment, cultural sensitivity, psychosocial issues
affecting clients’ recovery, and review of case studies;
(n) Discussion of unique needs and the role of
acupuncture detoxification with special populations, including:
(1)
Persons with HIV/AIDS;
(2)
Persons who are or have been in the criminal justice system;
(3)
Men;
(4)
Women;
(5)
Expecting or new mothers;
(6)
Persons with co-existing mental health disorders;
(7)
Persons who are or have experienced domestic violence or street
violence;
(8)
Persons who are homeless or who have experienced homelessness;
(9)
Veterans;
(10) Persons experiencing Post Traumatic Stress
Disorder or acute and chronic traumatic stress;
(11) Youth;
(12) Elderly;
(13) Persons who identify as gay, lesbian,
bisexual, transsexual, etc.;
(14) Persons within specific ethnic or cultural
groups; or
(15) Methadone assisted clients;
(o) The requirements for a peaceful and
successful treatment environment, including the physical set up and aesthetics
of the room, furniture, lighting, sound, relation with program staff, and
interaction with individual clients;
(p) Documentation and charting procedures
including subjective objective assessment plans (SOAP), narrative and other
note formats, documentation specific to facility, agency or location, minimum
requirements for notes to include date of service, status, treatment delivered,
client response, and signature;
(q) Outcome data collection methods including
symptom checklists and client surveys;
(r) Acupuncture detoxification related research,
design and methodology, placebo trials, and the historical difficulties of
research;
(s) The nature of addiction and recovery,
including the disease concept, recovery, social, and brain model of addiction,
review of substances of abuse and related client profiles, and the use of
acupuncture detoxification with these populations, the psycho-spiritual nature
of acupuncture detoxification, the role of shame and denial, recovery as a
lifelong, individual, and intrinsic transformation, and mutual support
fellowships;
(t) Stages of the recovery process and ADS
treatment at each stage, including withdrawal, early recovery, sobriety
maintenance, longer term recovery, and relapse prevention;
(u) 12-step recovery and mutual support
fellowships including alcoholics anonymous (AA), narcotics anonymous (NA),
Al-Anon, and Nar-Anon, program specific philosophy, the 12 steps and
traditions, support groups and sponsorship, the requirement for ADS trainees
without prior exposure to attend meetings; the role of 12- step programs in
recovery, and alternatives to 12- step programs;
(v) Integration within the treatment milieu and
limited scope of practice for an ADS and with other treatment interventions,
treatment planning, group process, the adjunctive role of acupuncture
detoxification services in conjunction with medical, psychological, and
pharmacological intervention and with didactic, psycho-educational, individual,
and family counseling, and collaboration and communication with the treatment
team;
(w) Relation to other interventions and logistics
of integration with other treatment interventions, including timing,
availability, atmosphere, space, and setting, and necessary compliance with
agency, facility specific, local, or state policies, procedures, laws, or
rules;
(x) Appropriate referral and crisis management
for addiction, mental health, and medical evaluation and care, referral for
treatment of non-crisis and non-emergency needs, and the necessity of working
openly and respectfully with other agencies;
(y) The existence of drug courts, family courts,
veteran courts, and mental health courts as a means to
better serve specialized populations; and
(z) Legal and ethical considerations related to
performing acupuncture detoxification, including the requirement of supervision
by a licensed acupuncturist, scope of practice and typical temptations to work
outside scope of practice, board-approved ethics pledge, confidentiality, HIPAA
regulation, federal law governing clients with substance abuse disorders and
addiction, insurance coverage of acupuncture detoxification, RSA 328-G, and Acp 100-700.
Source. #12575, eff 7-20-18
Acp 705.05 Board-Approved
Course Objectives. The objectives of
training programs shall require that an ADS shall be able to:
(a) Perform treatments with good point location,
technique, and safety practices within a group setting and perform 20
treatments in a 4- hour period;
(b) Explain the uses and limitations of the
treatment;
(c) Demonstrate sensitivity, compassion, and
respect for clients;
(d) Understand the communal treatment effect and
maintain an appropriate atmosphere;
(e) Demonstrate clean needle technique and
universal precautions;
(f) Demonstrate
understanding of, and comply with,
the limited scope of practice and ethical principles that guide
practice;
(g) Demonstrate understanding of the implications
and role of acupuncture detoxification for the treatment of drug and alcohol
abuse and addiction in the larger treatment context;
(h) Write chart notes including date of service,
status, treatment delivered, client response, and signature;
(i) Demonstrate
understanding of the adjunctive nature of acupuncture detoxification services
and the importance of collaboration and communication with the treatment team;
(j) Demonstrate recognition of the
psycho-spiritual nature of recovery, and be able to respect and support the
client's internal process;
(k)
Modify treatment appropriately as needed in response to the needs of the client
within the combination of 5 points on the ear, for example, fewer needles or
shorter retention, and respond to adverse clinical situations should they
occur; and
(l) Demonstrate understanding of addictions and
the NADA protocol from the perspective of Oriental medicine concepts such as
empty fire.
Source. #12575, eff 7-20-18
Acp 705.06 Issuance
of Certificates of Training Completion.
(a) Upon completion of the 70 -hour training, and
after an evaluation of an application’s competency as outlined in Acp 705.05, training program providers shall issue a
certificate of completion.
(b) The certificate shall contain the following:
(1)
Total number of didactic training hours completed;
(2)
Total number of clinical training hours completed;
(3)
Dates of training and completion of training; and
(4)
Printed name(s) and signature(s) of the instructor(s).
Source. #12575, eff 7-20-18
Acp 705.07 Prohibited
Acts.
(a) Trainers and training programs shall not
engage in any behavior that gives rise to conflicts of interest or gives the
appearance of impropriety, including but not limited to:
(1)
Recommending a completion certificate for an individual who did not
complete the training;
(2)
Conducting an inferior or substandard training;
(3)
Misrepresenting the nature of the training to the recipient of the
training, or to others; or
(4)
Failing to fulfill obligations or agreements to trainees, agencies, or
others.
(b) Board approval of training shall be subject
to revocation, upon 45 days’ notice to the training provider, if any approved
training program is found to be in violation of the requirements of Acp 705.
Source. #12575, eff 7-20-18
APPENDIX I
RULE |
SPECIFIC STATE STATUTE THE RULE
IMPLEMENTS |
Acp 101.01 |
RSA 328-G:3; RSA 328-G:1 |
Acp 102.01 |
RSA 541-A:7 |
Acp 103.01 |
RSA 328-G:3, I |
Acp 103.02 |
RSA 310-A:1-a, I; RSA 310-A:1-c |
Acp 103.03 |
RSA 541-A:16, I |
Acp 104.01 |
RSA 91-A |
Acp 104.02 |
RSA 91-A |
Acp 104.03 |
RSA 91-A |
Acp 104.04 |
RSA 91-A |
Acp 105.01 |
RSA 328-G:6; RSA 91-A:2 |
Acp 105.02 |
RSA 541-A:16, I; RSA 21-G:22 |
Acp 106.01 |
RSA 541-A:16, I(b) |
|
|
Acp 201.01 |
RSA 328-G:13 and RSA 541-A:7 |
Acp 202.01 |
RSA 541-A:7 |
Acp 203.01 |
RSA 541-A:29 |
Acp 204.01 |
RSA 541-A:30, II and RSA 328-G:12, I |
Acp 204.02 |
RSA 328-G:13, RSA 541-A and RSA 91-A |
Acp 204.03 |
RSA 328-G:11, I(a), RSA328-G:12, I(a), RSA 328-G:13 and RSA 91-A |
Acp 205.01 |
RSA 541-A:1, XIV |
Acp 205.02 |
RSA 541-A:1, XIV |
Acp 205.03 |
RSA 541-A:30-a, III(k) |
Acp 205.04 |
RSA 541-A:30-a, III(j) |
Acp 206 |
RSA 541-A:30-a, III(g) |
Acp 207.01 |
RSA 328-G:13 |
Acp 207.02 |
RSA 328-G:13, RSA 541-A:31 and RSA 541-A:32, II |
Acp 207.03 |
RSA 328-G:13 and RSA 541-A:31 |
Acp 207.04 |
RSA 541-A:36 |
Acp 207.05 |
RSA 541-A:31, III(e) and RSA 328-G:11, IV |
Acp 207.06 |
RSA 541-A:30-a, III(b) |
Acp 207.07 |
RSA 541-A:32 |
Acp 207.08 |
RSA 541-A:29, II |
Acp 208.01 |
RSA 541-A:29 |
Acp 208.02 |
RSA 541-A:33 |
Acp 208.03 |
RSA 541-A:30-a, III(c) and RSA 541-A:16, I(b) |
Acp 209.01 |
RSA 541-A:29 |
Acp 209.02 |
RSA 328-G:12, I & II and RSA 541-A:29 |
Acp 209.03 |
RSA 541-A:29 |
Acp 210 |
RSA 541-A:30-a, III(f) |
Acp 211 |
RSA 541-A:30-a, III(h) |
Acp 212.01 |
RSA 541-A:31, VI |
Acp 212.02 |
RSA 328-G:11, III |
Acp 212.03 |
RSA 541-A:31, V |
Acp 212.04 |
RSA 541-A:31, V |
Acp 213.01 |
RSA 541-A:31 and RSA 328-G:7, VII |
Acp 213.02 |
RSA 541-A:30-a, III(d) & (e) |
Acp 213.03 |
RSA 541-A:33 |
Acp 213.04 |
RSA 541-A:16, I(b) |
Acp 213.05 |
RSA 541-A:33 and RSA 541-A:16, I(b) |
Acp 214.01 |
RSA 541-A:31, VIII, RSA 541-A:33 and RSA 541-A:35 |
Acp 214.02(a) |
RSA 541-A:31, VIII, RSA 541-A:33 and RSA 541-A:35 |
Acp 214.02(b) |
RSA 328-G:12, III(1) |
Acp 215.01 |
RSA 541-A:35 |
Acp 215.02 |
RSA 541-A:16, I(b) |
Acp 215.03 |
RSA 541-A:16, I (b) |
Acp 216 |
RSA 541-A:16, I(d) |
Acp 217 |
RSA 541-A:4 and RSA 541-A:16, I(c) |
Acp 218 |
RSA 541-A:16, I(b)(3) |
Acp 219 |
RSA 541-A:11, VII |
|
|
Acp 301.01 |
RSA 328-G:7, I and RSA 541-A:29 |
Acp 301.02 |
RSA 328-G:7, I and RSA 541-A:16, I(b)(1) |
Acp 301.03 |
RSA 328-G:7, V, RSA 328-G:9, II and RSA 541-A:29, II(a) |
Acp 302.01 |
RSA 328-G:9, II |
Acp 302.02 |
RSA 328-G:9, II |
Acp 302.03 |
RSA 328-G:9, II and RSA 328-G:7, I |
Acp 302.04 |
RSA 328-G:9, II(g) and RSA 328-G:7 |
Acp 302.05 |
RSA 328-G:9, II(g) and RSA 328-G:7 |
Acp 303.01 |
RSA 328-G:9, II(g) and RSA 328-G:7, VI |
Acp 304.01 |
RSA 328-G:7, XI |
Acp 304.02 |
RSA 328-G:7, X |
Acp 304.03 |
RSA 328-G:7, X |
Acp 305.01 |
RSA 328-G:9 and RSA 328-G:7, XIII |
Acp 306.01 |
RSA 328-G:9, II(c); RSA328-G:9, IX; and RSA 310-A:1-h, IV |
Acp 307.01 |
RSA 328-G:1, II(b); 328-G:9, I & VIII |
|
|
Acp 401.01 |
RSA 328-G:9, IX and RSA 328-G:7, II & III |
Acp 401.02 |
RSA 328-G:9, IX & X and RSA 328-G:7, II & III |
Acp 401.03 |
RSA 328-G:7, I & III and RSA 328-G:9, IX & X |
Acp 401.04 |
RSA 541-A:30, I |
Acp 401.05 |
RSA 541-A:29, RSA 541-A:30, I, RSA 328-G:9, II, IX & X and RSA 328-G:7, III |
Acp 402.01 |
RSA 328-G:9, X and RSA 328-G:7, III |
Acp 402.02 |
RSA 328-G:9, X and RSA 328-G:7, III |
Acp 402.03 |
RSA 328-G:9, X and RSA 328-G:7, III |
Acp 402.04 |
RSA 328-G:9, X and RSA 328-G:7, III |
Acp 402.05 |
RSA 328-G:9, X and RSA 328-G:7, III |
Acp 402.06 |
RSA 328-G:9, X and RSA 328-G:7, III |
Acp 403.01 |
RSA 328-G:12 and RSA 541-A:30, III |
Acp 403.02 |
RSA 328-G:12, III(a)(4) |
Acp 402.03 |
RSA 328-G:9, X and RSA 328-G:7, III |
Acp 402.04 |
RSA 328-G:9, X and RSA 328-G:7, III |
Acp 403.05 |
RSA 328-G:12, II |
|
|
Acp 501.01 |
RSA 328-G:1, II, RSA 328-G:7, V and RSA 328-G:11, I(a) |
Acp 502.01 |
RSA 328-G:7, RSA 328-G:9, I, RSA 328-G:10, IV and RSA 328-G:12, II(c) |
Acp 503.01 |
RSA 328-G:7, V; RSA 328-G:9, II (e) and RSA 328-G:12, II(c) |
Acp 503.02 |
RSA 328-G:7, V; RSA 328-G:9, II (b) & (e) and RSA 328-G:12, II(c) |
|
|
Acp 601.01 |
RSA 328-G:7, II and RSA 541-A:7 |
Acp 601.02 |
RSA 328-G:1, II; RSA 328-G:7, II and RSA 328-G:10, I & II |
Acp 601.03 |
RSA 328-G:2, I & VIII and RSA 328-G:7, II; 328-G:10 |
Acp 601.04 |
RSA 328-G:10, I & II and RSA 328-G:11, I(a) |
Acp 701 |
RSA 541-A:7 |
Acp 702 |
RSA 328-G:7, XIV (a)-(c); RSA
328-G:9-a |
Acp 703 |
RSA 328-G:7, V, XIV (a), (b); RSA
328-G:9-a, II (b) |
Acp 704 |
RSA 328-G:7, XIV (b); RSA
541-A:16, I (b) intro. |
Acp 705 |
RSA 328-G:9-a, I; RSA 541-A:16, I
(b) intro. |
|
|
APPENDIX
II
Rule
Number |
Title |
Where
Found |
Acp 701.01(h) & (i), Acp 702.01(a)(14), Acp 703.01(a)(2)e.-g., Acp 703.02(c)(2), Acp 705.01(a), and Acp 705.04(c) |
“NADA Acupuncture Detoxification
Specialist Training Manual”, effective July 1, 2017, as published by the
National Acupuncture Detoxification Association |
Available to members online at: https://www.acudetox.com |