REVISION
NOTE:
Document #4671, eff 9-7-89, made
extensive changes to the wording, format, and structure of Chapters Ch 100
through Ch 600 of the Board of Chiropractic Examiners, particularly Section Ch
101.02, Chapter 200 and Parts Ch 303, 305, 402, and 403.
Document #4671 supersedes all prior
filings for the rules of the Board. The
prior filings include:
#1488,
eff 11-20-79; ss by #2052, eff 6-9-82; amd by #2518,
eff 10-26-83; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89
CHAPTER Ch 100 ORGANIZATIONAL RULES
PART Ch 101 PURPOSE
Ch 101.01 Purpose. These rules implement the statutory
responsibilities of the
(a) Examination and
licensure of chiropractors;
(b) Oversight and
discipline of licensees; and
(c) The development of ethical and other
professional standards to be followed by licensees.
Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82;
ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #7516,
eff 6-27-01
PART Ch 102 DEFINITIONS
Ch 102.01 Definitions. The following terms shall have the meanings
indicated:
(a) "Active
movement" means unassisted movement.
(b) "Adjustment" means any of a wide
variety of specific manual or mechanical interventions by a doctor
of chiropractic directed at joints or anatomic regions that:
(1)
Potentially involve the opening of a joint within its paraphysiologic zone and usually produce an associated
audible "click"or "pop"; and
(2) Are made
for the purpose of reducing or correcting the subluxations or structural
dysfunctions of joints and muscles that are associated with neurological
alterations.
(c)
"Administrative assistant" means the board's staff director
having delegated authority from the board to perform administrative and
clerical functions for the board.
(d)
"Board" means the board of chiropractic examiners created by
RSA 316-A:2.
(e) "Dynamic
thrust" means a force introduced by a doctor of
chiropractic that causes a physiological change.
(f) "Financial
interest" means an interest of a board member or employee in any matter
which potentially or actually affects the financial
condition of such member or employee, the spouse, child or parent of such
member or employee, or a business partner or business associate of such member
or employee.
(g)
"Histopathology" means the pathology of the cells.
(h) "Kinesiopathology" means the pathology of movement and
biomechanics.
(i) "Manipulation" means any
intervention by a doctor of chiropractic directed at
joints or anatomic regions for the purpose of normalizing the joint range of
motion that:
(1) Utilizes
active, passive and resistive movement of the body with or without the use of
dynamic thrust; and
(2)
Potentially includes the opening of a joint within its paraphysiologic zone, which usually produces an audible "click"
or "pop".
(j) "Myopathology" means the pathology of muscles and
connective tissues.
(k) "Neuropathophysiology" means the pathology and
physiology of nerves and their conductive function.
(l) "Paraphysiologic zone" means the space within which a
joint can move without injury.
(m) "Passive
movement" means assisted movement.
(n) "Personal
interest" means an interest of a board member or employee in a licensing,
disciplinary or other matter directly affecting such member or employee, or directly
affecting the spouse, sibling, child, grandchild, parent or grandparent of such
member or employee.
(o)
"Professional interest" means an interest of a board member or
employee in any licensing, disciplinary or other matter affecting a business
partner or business associate of such member or employee.
(p) "Resistive
movement" means movement against resistance.
(q)
"Subluxation" means any alteration, whether
or not detected by x-rays, of the biomechanical or physiological
dynamics of contiguous spinal and paraspinal structures and joints of the body
which:
(1) By
affecting the nervous system, results in dysfunction of the tissues innervated,
which:
a. Could:
1. Vary in degree from slight to severe;
2. Appear at the site of the subluxation or
anywhere along the course of the involved nerves; and
3. Include both structural and functional
components; and
b. Cause:
1. Variations in kinesiopathology,
neuropathophysiology, myopathology
or histopathology;
2. Biomechanical or bioelectrical abnormalities;
or
3. Any combination of the results mentioned in
this subparagraph; and
(2) Can be
detected, reduced or corrected by a doctor of chiropractic
regardless of the presence or absence of symptoms or disease.
Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82;
ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff 5-18-93,
EXPIRED: 5-18-99
New. #7516,
eff 6-27-01
PART Ch 103 AGENCY ORGANIZATION
Ch 103.01 Composition
of the Board. The board consists of
5 members who meet the eligibility requirements of RSA 316-A:2.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #7516, eff
6-27-01
Ch 103.02 Officers. The board has a chairperson and a secretary-treasurer
elected by the board at an election held, at a minimum, once every 2 years.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #7516,
eff 6-27-01; ss by #8971, eff 9-11-07
Ch 103.03 Staff. There is an administrative assistant
designated by the board and there are such other staff members as are necessary
to perform the record-keeping and other statutory functions of the board and to
oversee the board's day-to-day operations.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #7516,
eff 6-27-01
Ch 103.04 Committees. Committees shall consist of one or more board
members who are directed by the chairperson to investigate and make recommendations
to the board on any matter which is within the authority of the board.
Source. #7516,
eff 6-27-01
Ch 103.05 Meetings. The board shall meet quarterly, and at such
additional times as may be called for by the chairperson or by vote of the board.
Source. #7516,
eff 6-27-01
Ch 103.06 Minutes.
(a) Minutes shall be
kept of board meetings and of official actions taken by the board.
(b) Such minutes
shall record those members who participate in each vote, and shall separately
record the position of members who choose to dissent, abstain or concur.
Source.
#7516, eff 6-27-01
Ch 103.07 Public
Attendance at Meetings. Pursuant to
RSA 91-A members of the public shall have the right to attend and record all
board meetings which are public sessions and not authorized by RSA 91-A:3, II
to be closed to the public.
Source. #7516,
eff 6-27-01
PART Ch 104 PUBLIC INFORMATION
Ch 104.01 Office
Location, Telephone Number, Number for TTY/TDD Users and Mailing Address.
(a) The board's
office is located in the
(b) The office telephone
number is (603) 271-9482.
(c) In-state TTY/TDD
users may reach the office by calling Relay New Hampshire at 711 or 1 (800)
735-2964.
(d) Requests for
information may be made by telephone, by mail or by TTY/TDD.
(e) Written requests
for information, written submissions to the board, and other correspondence
shall be addressed as follows:
Board of Chiropractic
Examiners
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #7516,
eff 6-27-01
Ch 104.02 Inspection and Copies of Public Records.
(a) Pursuant to RSA
91-A:4 members of the public shall have the right to inspect and copy the
public records of the board, including all meeting minutes not confidential pursuant to RSA 91-A:3, III.
(b) Members of the public may inspect such public
records at the office of the board.
(c) Persons desiring
copies of such public records shall:
(1) Submit a
request in writing which identifies as particularly as possible the information
being sought; and
(2) Pay the
actual cost of the copies.
(d) If records are
requested which contain both public information and information exempt from
disclosure pursuant to RSA 91-A or any other law, the board shall delete the
information which is exempt from disclosure and provide the remaining
information.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #7516,
eff 6-27-01
CHAPTER Ch 200 RULES OF PRACTICE AND PROCEDURES
REVISION NOTE:
Document #13860, effective 4-1-24, repealed Part Ch 201
through Part Ch 215 in Chapter Ch 200, titled “Practice and Procedures”, and
renamed the chapter as “Rules of Practice and Procedures”. Document #13860 also adopted a new Part Ch 201
titled “Applicability and Waiver of Substantive Rules”, containing Ch 201.01
titled “Rules of Practice and Procedure” and Ch 201.02 titled “Waiver of Administrative
Rules.”
Document
#13860 replaces all prior filings affecting the rules in the former Chapter Ch
200. The prior filings included the
following documents. Italics indicate the rules were subject to expiration only pursuant to
RSA 541-A:17, II:
#1488, eff 11-20-79
#2052, eff 6-9-8
#2716, eff 5-17-84
#4671, eff 9-7-89
#5624, eff 5-18-93, EXPIRED:
5-18-99
#6288, eff 7-19-96
#8159, eff 9-8-04
#8160, eff 9-8-04, EXPIRED:
9-8-12 (Ch 211 only)
#10430, eff 10-5-13 (Ch 211 only)
#10431, eff 10-5-13 (Ch 215 only)
#13185, eff 4-6-21 (Ch 214.02 only)
As practice and procedure rules,
the rules in Document #13860 will not expire except pursuant to RSA 541-A:17,
II.
PART Ch 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES
Ch 201.01
Rules of Practice and Procedure.
The Plc 200 rules shall govern with regards to all procedures for:
(a) Adjudicatory proceedings;
(b) Rulemaking submissions, considerations, and
dispositions of rulemaking petitions;
(c) Public comment hearings;
(d) Declaratory rulings;
(e) All statements of policy and interpretation;
(f) Explanation of adopted rules; and
(g) Voluntary surrender of licenses.
Source. (See Revision
Note at chapter heading for Ch 200) #13860, eff 4-1-24
Ch 201.02 Waiver of Administrative Rules.
(a) The board shall initiate a waiver of a
substantive rule upon its own motion by providing affected parties with notice
and opportunity to be heard, and issuing an order which finds that waiver would
be necessary to advance the purpose of the rules of the board.
(b) Individuals who wish to request a waiver of a
rule shall submit a written request to the board, which includes:
(1) The rule
for which a waiver is requested;
(2) The
anticipated length of time the requested waiver will be needed;
(3) The
reason for requesting the waiver;
(4) Evidence
of how the waiver will provide for the health and safety of the consumer or
licensee;
(5) A time-limited
written compliance plan which sets forth plans to achieve compliance including
an estimated date of compliance; and
(6) The
signature of the applicant.
(c) The board shall consider the following when
determining whether to approve or deny a waiver:
(1) If
adherence to the rule would cause the petitioner unnecessary or undue hardship;
(2) If the
requested waiver is necessary because of any neglect or misfeasance on the part
of the practitioner;
(3) If enforcement
of the rule would injure a third person(s); and
(4) If waiver
of the rule would injure a third person(s).
(d) The board shall approve a waiver of an
administrative rule request only if:
(1) Granting
a waiver does not have the effect of waiving or modifying a provision of RSA 316-A;
(2) The
petitioner has shown good cause exists pursuant to (c) above to waive the rule;
and
(3) The board
determines that the individual’s plans for compliance with the rule includes an
estimated date of compliance and eventual compliance.
(e) If the board, after receiving and reviewing a
request for a waiver, requires further information or documentation to grant or
deny the waiver, the board shall:
(1) Notify
the applicant in writing within 30 days; and
(2) Specify
the information or documentation the board requires.
(f) The board shall issue a written approval or
denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is
required. If additional information and
documentation is required, then the board shall issue a written approval or
denial within 60 days of receiving the requested information or documentation.
Source. (See Revision
Note at chapter heading for Ch 200) #13860, eff 4-1-24
CHAPTER Ch 300 LICENSING REQUIREMENTS
PART Ch 301 DEFINITIONS
REVISION
NOTE:
Document #6288, effective 7-19-96,
repealed Ch 301.03 and renumbered all remaining sections of Ch 301. Document #6288 only renumbered, but did not
readopt, existing sections Ch 301.03 through Ch 301.05 and, therefore, did not
change their effective dates. Document
#6288 renumbered and readopted existing sections Ch 301.06 through Ch 301.08 and also repealed former section Ch 301.10.
Ch 301.01 Definitions.
(a)
"Notify in writing" means:
(1) Notify by written communication sent by mail to
the mailing address furnished by the applicant; or
(2) Notify by
electronic means using the electronic address furnished by the applicant.
(b) “National Board of Chiropractic Examiners
(NBCE)” means a nonprofit organization which designs and administers an
examination including written and practice components testing proficiency in
chiropractic.
(c) "National provider identifier"
means a unique identification number for certain health care providers issued
by the national Centers for Medicare & Medicaid
Services through the National Plan and Provider Enumeration System.
Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82;
ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff 5-18-93; amd by #6288, eff 7-19-96 (See Revision Note at part
heading for Ch 301); paragraphs (a), (b), (d)-(f) and subparagraphs (c)(1),
(2), and (4) EXPIRED: 5-18-99; paragraphs (c)(3) EXPIRED: 7-19-04
New. #8187, eff 10-8-04; ss by #9357, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17
PART Ch 302
APPLICATION PROCEDURE
Ch
302.01 Granting of Initial License. The board shall grant an initial license to
practice chiropractic to any applicant who complies with the application process
specified by Ch 302.02, meets the qualifications set forth in Ch 303, and has
paid the license fee specified by Ch 306.01.
Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82;
ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff
5-18-93, EXPIRED: 5-18-99
New. #8187, eff 10-8-04; ss by #10432, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch
302.02 Application Process. Persons who wish to apply for an initial
license to practice chiropractic shall do so by submitting or arranging to be submitted
to the board the following material:
(a) A signed and completed “Application for a
License to Practice Chiropractic” form, effective October 2017, provided by the
board and which contains the information specified in Ch 302.04 and the
certifications and acknowledgements specified in Ch 302.05;
(b) The
attachments required by Ch 302.07;
(c) A
transcript of the scores achieved by the applicant on the examinations required
by Ch 304.01(a), submitted directly to the board by NBCE; and
(d) Two
references from experienced doctors of chiropractic
who:
(1) Use the
form described in Ch 302.08; and
(2) Have the
following knowledge of the applicant's competence in chiropractic:
a. In the case
of an applicant whose chiropractic training was completed within 5 years of the
application, actual knowledge gained in a supervisory capacity; and
b. In the case
of an applicant whose chiropractic training was completed more than 5 years
before the application, actual knowledge gained in any professional
relationship with the applicant.
Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82;
ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff
5-18-93, EXPIRED: 5-18-99
New. #8187, eff 10-8-04; ss by #10432, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch 302.03 Application
Processing Procedure.
(a) An
application shall be effective on the date assigned by the board as the filing
date.
(b) The board
shall assign as the filing date of an application the date that the board has
received the materials specified in Ch 302.02.
(c) If the
board for the purpose of determining the applicant's qualification for
licensure requires any information or documents additional to the materials
submitted in compliance with Ch 302.02, it shall:
(1) So notify
the applicant in writing within 60 days of the filing date; and
(2) Specify the
information or documents which the applicant is required to submit.
(d) The
application shall be dismissed if the applicant does not submit the additional
information and documents requested pursuant to paragraph (c) above within 60
days.
(e) When the
board has received the materials specified in Ch 302.02 and any additional information
or documents requested pursuant to paragraph (c) above, the applicant shall be
entitled, after paying the examination fee specified in Ch 306.01, to take the
jurisprudence examination described in Ch 304.01(b).
Source. #1488, eff 11-20-79; ss by #2716, eff
5-17-84; ss by #3136, eff 10-18-85; ss by #4671, eff 9-7-89; ss by #5624, eff
5-18-93; ss by #6288, eff 7-19-96; EXPIRED: 7-19-04
New. #8187, eff 10-8-04; ss by #10432, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch 302.04 Information
Required by the Application Form. An
applicant for initial licensure shall supply the following information on the
“Application for a License to Practice Chiropractic” form, effective October
2017:
(a) The applicant's full name, physical address,
mailing address, telephone number and e-mail address, if any;
(b) The
applicant's social security number pursuant to RSA 161-B:11, VI-a, date of
birth, height, weight, eye color and hair color;
(c) The
applicant's national provider identifier, if known;
(d) The applicant's
physical address for the past 5 years;
(e) Whether the
applicant has any physical, mental, or other condition or disability affecting
the applicant's ability to practice chiropractic;
(f) Whether the
applicant has any physical, mental or other condition or disability for which
continuing remedial or therapeutic action is required to ensure the applicant's
continuing ability to practice chiropractic;
(g) Whether the
applicant uses alcohol or controlled or non-controlled drugs in a manner affecting
the applicant's ability to practice chiropractic;
(h) Whether the
applicant has ever been convicted of a felony or misdemeanor;
(i) If any answer to (e), (f), (g), or (h) is
affirmative, a summary statement explaining the answer and specifying as
applicable:
(1) The
physical, mental or other condition or disability;
(2) The remedial
or therapeutic action;
(3) The use of
alcohol or controlled or non-controlled drugs; and
(4) The charges
of which the applicant was convicted, the conviction date, and the sentence
imposed or other disposition;
(j) For each
post- secondary educational
institution attended by the applicant, regardless of degrees earned, the
following information:
(1) The name of
the institution;
(2) The address
of the institution;
(3) The dates
of the applicant's attendance; and
(4) The degree
awarded by the institution, if any;
(k) For any
chiropractic college attended, its name, address, the dates attended by the
applicant, and the date of the applicant's graduation;
(l) Whether the
applicant currently holds, or has previously held, any professional license,
certification or registration to practice any method of healing other than
chiropractic;
(m) If the
answer to (l) is affirmative, the type of license(s) held and the issuing
jurisdiction or state;
(n) Whether the
applicant currently holds, or has previously held, any license to practice
chiropractic;
(o) For every
license to practice chiropractic held in the past or at present:
(1) The issuing
jurisdiction or state;
(2) The license
date;
(3) The license
number; and
(4) If
applicable, the reason the applicant no longer holds the license;
(p) Whether the
applicant has ever been refused:
(1) A license to
practice chiropractic; or
(2) Any other professional
license, certification or registration;
(q) For every
refusal of a license, certification or registration as described in paragraph
(p) above:
(1) The name
and address of the licensing, certifying or registering body;
(2) The date of
refusal; and
(3) The reason
for the refusal;
(r) Whether the
applicant has ever had any disciplinary action taken by any other jurisdiction
against the applicant's chiropractic license or any other professional license,
certification or registration;
(s) Whether,
during the past 10 years there have been, or whether there are now, complaints pending, or investigations being
conducted, in connection with any professional license, certification or
registration previously or currently held by the applicant;
(t) Whether, to
the best of the applicant's knowledge, there are currently pending any malpractice
claims, settlements or judgments;
(u) Whether, in the past 10 years, any
malpractice claims have been settled or resolved, or malpractice judgments
issued, against the applicant; and
(v) If any answer to (r), (s), (t), or (u) is
affirmative, a detailed written explanation of the circumstances.
Source. #5624, eff 5-18-93; ss by #6288, eff 7-19-96;
EXPIRED: 7-19-04
New. #8187, eff 10-8-04; ss by #9357, eff 1-10-09 EXPIRED:
1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch 302.05 Signature
to Statement Required. An applicant
for initial licensure shall sign and date the following statement preprinted on the application form:
“I herewith apply for a license to practice
chiropractic in accordance with RSA 316-A and the rules of the New Hampshire
Board of Chiropractic Examiners. I am
the applicant identified in the application and the submitted photograph is a true
likeness of me. I will notify the board
in writing within 30 days of any change in the information provided in the
application, even after the application has been granted and a license issued.
I consent to the board's use for all purposes of the mailing and electronic
addresses provided to the board in the application or thereafter. The information provided on the application
form and the documentation provided to support the application are, to the best
of my knowledge and belief, true, accurate, complete and unaltered. I acknowledge that, pursuant to RSA 641:3, I,
the knowing making of a false statement on the application form is punishable
as a misdemeanor, and, should I knowingly provide the board with any false,
inaccurate, incomplete or altered information or documentation, the board has
the authority to deny the application or, after a hearing, to take disciplinary
action against any license issued to me.”
Source. #8187, eff 10-8-04; ss by #10433, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch 302.06 Effect
of Applicant’s Signature. The effect
of the applicant’s signing the statement described in Ch 302.05 shall be that
the applicant:
(a) States that he or she is applying for a
license to practice chiropractic in accordance with RSA 316-A and the rules of
the New Hampshire board of chiropractic examiners;
(b) Certifies that he or she is the individual
identified in the application and that the submitted photograph is a true
likeness of him or her;
(c) Promises that he or she will notify the board in writing within 30 days of
any change in the information provided in the application, even after the
application has been granted and a license issued;
(d) Consents to
the board's use for all purposes of the mailing and electronic addresses provided
to the board in the application or thereafter;
(e) Certifies that the information provided on the
application form and the documentation provided to support the application are,
to the best of knowledge and belief, true, accurate, complete and unaltered;
and
(f) Acknowledges that, pursuant to RSA 641:3,
I, the knowing making of a false statement on the application form is
punishable as a misdemeanor, and that, if he or she knowingly provides the
board with any false, inaccurate, incomplete or altered information or
documentation, the board has the authority to deny the application or, after a
hearing, to take disciplinary action against any license issued to him or her.
Source. #8187, eff 10-8-04; ss by #10433, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch 302.07 Required Attachments to the Application
Form. The applicant shall attach to
the application form the following items:
(a) An original, recent
photograph of the applicant;
(b) An official transcript from each post secondary educational institution, including
chiropractic colleges, attended by the applicant; and
(c) Photocopies of any current licenses,
certifications or other documents showing permission to practice chiropractic
in any other state or jurisdiction;
(d) A photocopy of the chiropractic diploma;
(e)
Two reference letters from practicing
doctors of chiropractic, signed and dated,
providing the information in Ch 302.08(a) and (b)(1) through (b)(3), or
2 reference forms completed in compliance with Ch 302.08;
(f)
A current resume, that is, a curriculum vitae; and
(g) The responses to the optional informational question
page on the application form, if the applicant has chosen to provide the
optional information requested.
Source. #8187, eff 10-8-04; ss by #10433, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch 302.08 References. References shall be provided by doctors of
chiropractic either
in a signed and dated letter providing the information in Ch 302.08(a) and
(b)(1) through (b)(3) below or on a “Reference Letter” form, effective
October 2017 and supplied by the board which:
(a) Contains
the statement of the doctor of chiropractic that he or she has had the
experience of supervising or knowing the applicant and that the applicant has
been found by him or her to be a person of high moral character and worthy of
the New Hampshire board of chiropractic examiners' recognition and confidence;
and
(b) Requires
the person making the statement to provide the following:
(1) His or her
name, address and telephone number;
(2) The name of
the applicant;
(3) The time
since when he or she has supervised or known the practice of the applicant;
(4) His or her
signature to the acknowledgement preprinted on the form that, pursuant to RSA
641:3, I the knowing making of a false statement on the reference form is
punishable as a misdemeanor; and
(5) The date of
signing of the form.
Source. #8187, eff 10-8-04; ss by #10433, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch
302.09 Notice of Decision on the
Application for Licensure.
(a) The board shall issue its decision on the
application within 120 days of the filing date or of the date that the board is
in receipt of any additional information or documents requested pursuant to Ch
302.03 (c).
(b) The board shall notify the applicant of its
decision in writing.
Source. #8187, eff 10-8-04; ss by #10433 eff 10-5-13;
ss by #12431, eff 12-8-17
PART Ch 303
QUALIFICATIONS FOR INITIAL LICENSURE
Ch
303.01 Qualifications. An applicant shall be qualified for initial
licensure if the applicant meets the requirements set forth in this part and
passes the examinations specified in Ch 304.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93; amd
by #6288, eff 7-19-96; intro. and paragraphs (a) & (c) EXPIRED: 5-18-99;
paragraph (b) EXPIRED: 7-19-04
New. #8187, eff 10-8-04; ss by #10434, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch 303.02 Experience
and Educational Requirements.
(a) All applicants
for initial licensure shall have:
(1) Graduated from a degree granting chiropractic
college which is accredited by an established chiropractic accrediting body
approved by the United States Department of Education; or
(2) Completed a chiropractic program at a
chiropractic institution accredited by a regional accrediting agency approved
by the United States Department of Education.
(b) An applicant who
matriculated in a chiropractic school or college between January 1, 1951 and
January 1, 1968 shall be a graduate of a legally chartered or incorporated school of chiropractic requiring for
graduation completion of a course of study of not less than 3,600 classroom
hours in 4 academic years.
(c) An applicant for
initial licensure who matriculated in a chiropractic school or college after
January 1, 1968 shall be a graduate of a legally chartered or incorporated
school of chiropractic requiring for graduation completion of a course of study
of not less than 4,000 classroom hours in 4 academic years.
Source. #8187, eff 10-8-04; ss by #10434, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch
303.03 Disqualification Based on
Character.
(a) An applicant shall be disqualified for
initial licensure if:
(1) The
applicant, or someone acting on the applicant's behalf, has knowingly submitted
false information to the board in connection with the application;
(2) The
applicant cannot be relied upon to practice competently and safely because of
physical or mental disability or other condition or disability, or because of
use of alcohol or controlled or non-controlled drugs;
(3) Evidence of
disciplinary action taken against the applicant by a licensing body or a
professional society or association indicates that the applicant cannot be
relied upon to practice competently, safely, and honestly; or
(4) Conviction
of a felony or misdemeanor indicates that the applicant cannot be relied upon
to practice competently, safely, and honestly.
(b) The board shall make any investigations required
to determine whether there are reasons for disqualification on the grounds
specified in (a) above.
Source. #8187, eff 10-8-04; ss by #10434, eff 10-5-13;
ss by #12431, eff 12-8-17
PART Ch 304
EXAMINATIONS
Ch
304.01 Examination Requirements.
(a) Before submitting an application for
licensure an applicant shall have taken and passed parts I, II, III and IV of
the NBCE examinations and have the scores submitted directly to the board by the NBCE.
(b) An applicant shall take and pass with a score
of at least 70% correct answers a written jurisprudence examination mailed to
the applicant by the board and testing knowledge of RSA 316-A and these rules.
(c) Such jurisprudence examination shall be
completed and returned to the board within 20 days.
(d) The applicant shall date and sign a statement
preprinted on the jurisprudence examination which states that the applicant has
read and understands RSA 316-A and the administrative rules of the board.
Source. #8187, eff 10-8-04; ss by #10435, eff 10-5-13;
ss by #10434, eff 10-5-13; ss by #12431, eff 12-8-17
Ch
304.02 Payment of Jurisprudence
Examination Fee; Notification of Examination Results.
(a) The examination fee specified by Ch 306.01:
(1) Shall be
paid by the applicant before the applicant takes the jurisprudence examination
for the first time; and
(2) Shall entitle
any applicant failing the jurisprudence examination to one re-administration of
the examination.
(b) The board
shall notify the applicant in writing of the results of the jurisprudence
examination within 30 days of the date of the jurisprudence examination or of
any re-administration of the examination.
Source. #8187, eff 10-8-04; ss by #10435, eff 10-5-13;
ss by #12431, eff 12-8-17
PART Ch 305
LICENSURE BY ENDORSEMENT
Ch
305.01 Qualifications for Licensure
by Endorsement. An applicant shall be qualified for licensure by
endorsement if the applicant:
(a) Is currently licensed, permitted or otherwise
authorized to practice chiropractic in another state or territory of the
(b)
Has been in active practice for at least 3 consecutive years in the
licensing jurisdiction in question during the 5 years immediately preceding the
application;
(c) Has met the educational requirements
specified in Ch 303.02;
(d) Has already taken and passed the following
parts of
the NBCE examinations:
(1) Part I;
(2) Part II;
(3) Part III if the applicant was licensed after
January 1, 1990; and
(4) Part IV if the applicant was licensed after
January 1, 1996.
(e) Has passed the examination described in Ch 304.01(b);
(f) Is not disqualified pursuant to Ch 305.02;
and
(g) Has paid the fees set forth in Ch 306.01(a)
and (b).
Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch
305.02 Disqualification Based on
Character.
(a) An applicant for licensure by endorsement
shall be disqualified if:
(1) The
applicant, or someone acting on the applicant's behalf, has knowingly submitted
false information to the board in connection with the application;
(2) The
applicant cannot be relied upon to practice competently and safely because of
physical or mental disability or other condition or disability, or because of
use of alcohol or controlled or non-controlled drugs;
(3) Evidence of
disciplinary action taken against the applicant by a licensing body or a professional
society or association indicates that the applicant cannot be relied upon to
practice competently, safely and honestly; or
(4) Conviction
of a felony or misdemeanor indicates that the applicant cannot be relied upon
to practice competently, safely and honestly.
(b) The board
shall make any investigations required to determine whether there are reasons
for disqualification on the grounds specified in (a) above.
Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch
305.03 Application Process. Persons who wish to apply for licensure by
endorsement shall do so by submitting or arranging to be submitted to the board
the following materials:
(a) A completed “Application for a License to
Practice Chiropractic” form, effective October 2017 and provided by the board
requiring the information specified in Ch 302.04 and a signature to the
statement described in Ch 302.05;
(b) An original, recent photograph of the
applicant;
(c) Photocopies of any current licenses, certifications
or other documents showing permission to practice chiropractic in any
jurisdiction described in Ch 305.01(a);
(d) A transcript of the scores achieved by the
applicant on the examinations required by Ch 305.01(d), submitted directly to
the board by NBCE; and
(e) Two references from experienced doctors of
chiropractic who:
(1) Use the
form or
provide letters as described in Ch 302.08; and
(2) Have the
following knowledge of the applicant's competence in chiropractic:
a. In the case
of an applicant whose chiropractic training was completed within 5 years of the
application, actual knowledge gained in a supervisory capacity; and
b. In the case
of an applicant whose chiropractic training was completed more than 5 years
before the application, actual knowledge gained in any professional
relationship with the applicant.
Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13;
ss by #12431, eff 12-8-17
Ch
305.04 Decision on the Application
for Licensure by Endorsement.
(a) The board shall issue its decision on the
application for licensure by endorsement within 120 days of the date that the
board is in receipt of:
(1) The
materials described in Ch 305.03; and
(2) Any
additional information or documents the board has requested.
(b) The board shall notify the applicant of its
decision in writing.
Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13;
ss by #12431, eff 12-8-17
PART Ch 306
FEES
Ch
306.01 Fee Schedule. The fees set by the board pursuant to RSA
316-A:5 shall be as follows:
a. The fee for an initial license shall be
$300.00;
b. The fee for biennial renewal of a license
shall be $300.00; and
c. The fee for the
provision of a mailing list shall be $25.00.
Source. #8187, eff 10-8-04; ss by #9450, eff 4-7-09,
EXPIRED: 4-7-17
New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17
New. #12431, eff 12-8-17
CHAPTER Ch 400
CONTINUED STATUS
REVISION
NOTE:
Document #13327, effective 1-21-22, adopted Ch 403 titled “Reinstatement
of Licenses.” Document #13327 also
renumbered, but did not readopt, the existing Part Ch 403 through Part Ch 408
as Part Ch 404 through Part Ch 409, as indicated by “renumbered by #13327” and
the former rule number as indicated in the source notes for the rules in those
parts.
PART Ch 401
DEFINITIONS
Ch
401.01 “Continuing education hour” means
an hour that includes at least 50 minutes of active instruction and is credited
by the board against the continuing education requirements set forth in Ch
404.01(a).
Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82;
ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff
5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
401.02 “Federation of Chiropractic
Licensing Boards (FCLB)” means a national non-profit organization of
chiropractic regulatory boards maintaining a database containing information on
both disciplinary actions taken by chiropractic regulatory boards and
exclusions from medicare and medicaid
reimbursement by the U.S. Department of Health & Human Services.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch 401.03
“Healthcare Integrity and Protection Data Bank (HIPD)” means a data bank
created by the Secretary of the U.S. Department of Health and Human
Services containing information about fraud and abuse by health care
practitioners and entities.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
401.04 “National Board of Chiropractic
Examiners (NBCE)” means a nonprofit organization which designs and administers
examinations including written and practice components testing proficiency in
chiropractic.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17
Ch
401.05 "National provider
identifier" means a unique identification number for certain health care
providers issued by the national Centers for Medicare
& Medicaid Services through the National Plan and Provider Enumeration System.
Source. #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch 401.06 “Preparatory and
complementary procedures” means procedures that are currently taught in
accredited chiropractic colleges through the professional degree program or at
the post-graduate level.
Source. #9358, eff 1-10-09 (from Ch 401.05), EXPIRED:
1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
PART Ch 402
RENEWAL OF LICENSE
Ch
402.01 Eligibility for License
Renewal. The board shall renew the
license to practice chiropractic of a renewal applicant who:
(a) Complies with the application process in Ch
402.03;
(b) Meets the continuing education requirements
of Ch 404;
(c) Pays the renewal fee specified by Ch 306.01;
and
(d) Is not subject
to licensure denial pursuant to Ch 402.09.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED:
5-18-99
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.02 Expiration of License.
(a) Pursuant to RSA 316-A:19, initial and renewed
licenses shall expire automatically on July 1 of each odd numbered year.
(b) An individual whose license has expired and has
not been renewed shall not practice chiropractic until a new license has been
issued.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED: 5-18-99
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.03 Application for Renewal.
(a) Licensees wishing to renew their licenses
shall submit to the office of the board before June 1 of the renewal
year the following completed renewal application packet:
(1) The
completed “Application for Renewal of License” form, effective October 2017,
described in Ch 402.05;
(2) The signed
statement described in Ch 402.06;
(3) The
supporting documents specified by Ch 402.08; and
(4) Payment of
the renewal fee specified by Ch 306.01.
(b) The completed renewal application packet
shall be submitted no sooner than March 1 of the renewal year.
(c) The board shall waive the June 1 deadline for
submission of the completed renewal application packet for the following
reasons:
(1) Personal
illness within 6 months prior to the June 1 deadline which is sufficiently
serious to prevent the renewal applicant from engaging in his or her usual work
for at least 2 consecutive weeks;
(2) Illness in
the household or of a member of the immediate family within 6 months prior to the
June 1 deadline which is sufficiently serious to prevent the renewal applicant
from engaging in his or her usual work for at least 2 consecutive weeks;
(3) Death in
the household or of a member of the immediate family within 6 months prior to
the June 1 deadline;
(4) Active
military duty;
(5) The
destruction by fire, flood or other accidental or natural disaster, within 6
months prior to the June 1 deadline, of continuing education or other records
required to complete the renewal application packet; or
(6) Failure to
complete the continuing education required for renewal.
(d) To obtain a waiver of the June 1 deadline for
submission of the completed renewal application packet the renewal applicant
shall submit:
(1) A completed
renewal application form;
(2) If the
waiver is sought for any reason in (c)(1) through (c)(5) above, a written
statement of the applicant's need for the waiver together with documentation of
the facts establishing the need;
(3) If the
waiver is sought for the reason in (c)(6) above, a note written directly on the
renewal application form indicating how the renewal applicant intends to
complete required continuing education in time to submit its documentation by
the next to last working day of June;
(4) The renewal
fee;
(5) The
documents required by Ch 402.08(a) and Ch 402.08(b)(1); and
(6) The
materials required by Ch 402.08(b)(2) documenting the continuing education
completed to date.
(e) The waiver of the June 1 deadline for
submission of the completed renewal application packet shall not extend the
period for submission of such packet beyond the next-to-last working day of
June.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93; amd
by #6288, eff 7-19-96; paragraphs (a), (b), (d)-(g) EXPIRED: 5-18-99; paragraph
(c) EXPIRED: 7-19-04
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.04 Processing of Applications for
Renewal.
(a) If, after review of the completed renewal
application packet, the board requires any additional information the board
shall:
(1) So notify
the applicant within 30 days of the filing date; and
(2) Specify the
information, which the applicant is required to submit.
(b) The board shall make a decision on an
application for renewal within 120 days of timely receipt of the completed
application packet or any information it has requested pursuant to (a) above.
(c) Upon its decision to deny an application for
licensure renewal the board shall give the applicant written notice of:
(1) Its
proposed decision;
(2) The
reason(s) for its proposed decision; and
(3) The fact
that the applicant has the right to challenge the proposed decision by requesting
a hearing within 60 days of receipt of the notice.
(d) No proposed denial of an application for
licensure renewal shall be final until the renewal applicant has had the
opportunity to challenge the denial of the application by requesting a hearing
pursuant to Ch 200 within 60 days of receipt of notice of the proposed denial.
(e) An individual whose application for license
renewal has been finally denied shall be entitled to reimbursement of the
renewal fee.
(f) An individual whose application for license
renewal has been denied or whose license has expired shall not practice chiropractic
until a new license has been issued.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED:
5-18-99
New. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.05 Renewal Application Form. An applicant for licensure renewal shall
supply the following information on the “Application for Renewal of License”
form, effective October 2017:
(a) The renewal applicant's:
(1) Full name;
(2) New
Hampshire license number;
(3) Business physical
address and business telephone number;
(4) Residential
address and residential telephone number;
(5) Mailing
address, if different from business and residential addresses;
(6) E-mail
address, if any;
(7) Fax number,
if any;
(8) Any previously
used names or maiden names;
(9) Date of
birth; and
(10) National
provider identifier, if known;
(b) If not previously provided to the board, the
renewal applicant’s social security number, written immediately below the
following preprinted statement:
"The Board of Chiropractic Examiners is required
by RSA 161-B:11 to obtain your social security number for the purpose of child
support enforcement. Except for its use in child support enforcement, your
social security number will not be used by the Board of Chiropractic Examiners
and will be held confidential."
(c) The renewal applicant's height, weight, eye
color and hair color;
(d) Whether the renewal applicant has any
physical, mental or other condition or disability affecting the applicant's
ability to practice chiropractic;
(e) Whether the renewal applicant has any physical,
mental or other condition or disability for which continuing remedial or
therapeutic action is required to ensure the applicant's continuing ability to practice
chiropractic;
(f) Whether the renewal applicant uses alcohol or
controlled or non-controlled drugs in a manner affecting the applicant's
ability to practice chiropractic;
(g) Whether the renewal applicant has since last
issuance or renewal of his or her New Hampshire license been convicted of a
felony or misdemeanor;
(h) If the answer to (d), (e), (f), or (g) is
affirmative, a summary statement explaining the answer and specifying as
applicable:
(1) The
physical, mental or other condition or disability;
(2) The
remedial or therapeutic action;
(3) The use of
alcohol or controlled or non-controlled drugs; and
(4) The charges
of which the renewal applicant was convicted, the conviction date, and the sentence
imposed or other disposition;
(i) Whether the
renewal applicant currently holds any professional license, certification or
registration to practice any method of healing other than chiropractic;
(j) If the answer to (i)
is affirmative, the type of license(s), certification(s) or registration(s)
held and the issuing jurisdiction or state;
(k) Whether the renewal applicant currently
holds, or has been issued since last issuance or renewal of his or her New
Hampshire license, any license to practice chiropractic issued by another jurisdiction;
(l) For every such license to practice
chiropractic:
(1) The issuing
jurisdiction or state;
(2) The license
date;
(3) The license
number; and
(4) If
applicable, the reason the renewal applicant no longer holds the license;
(m) Whether,
since last issuance or renewal of his or her New Hampshire license, there has
been any disciplinary action by any other jurisdiction against the renewal
applicant's chiropractic or other professional license, certification or
registration;
(n) Whether
there are now, or have been since last issuance or renewal of his or her New
Hampshire license, complaints made or investigations conducted in connection
with any professional license, certification or registration previously or
currently held by the renewal applicant;
(o) Whether, to
the best of the renewal applicant's knowledge, there are now, or have been
since last issuance or renewal of licensure, any malpractice claims,
settlements or judgments against the renewal applicant;
(p) Whether a
complaint has been brought against the renewal applicant in any court or
professional or business organization of which he or she is a member;
and
(q) If the
answer to (m), (n), (o), or (p) is affirmative, a detailed written explanation
of the circumstances.
Source. (See Revision Note before Chapter heading Ch
100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED:
5-18-99
New.
#8739, eff 10-11-06; ss by #9358, eff
1-10-09, EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch 402.06 Signature
to Statement Required. An applicant
for renewal licensure shall sign and date the following statement preprinted on
the renewal application form:
“I herewith apply for renewal of my license to
practice chiropractic. I am the applicant identified in the renewal
application. I will notify the board in writing within 30 days of any change in
the information provided in the renewal application, even after the application
has been granted and my license has been renewed. I consent to the board's use
for all purposes of the mailing and electronic addresses provided to the board
in the renewal application or thereafter.
The information provided on the renewal application
form and the documentation provided to support the renewal application are, to
the best of my knowledge and belief, true, accurate, complete and unaltered. I
acknowledge that, pursuant to RSA 641:3, I, the knowing making of a false
statement on the renewal application form is punishable as a misdemeanor, and,
should I knowingly provide the board with any false, inaccurate, incomplete or
altered information or documentation, the board has the authority to deny the
renewal application or, after a hearing, to take disciplinary action against
the renewed license issued to me.
I have read and understand RSA 316-A and the current
administrative rules of the New Hampshire Board of Chiropractic Examiners.”
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.07 Effect of the Renewal
Applicant’s Signature. The effect of
the renewal applicant’s signing the statement described in Ch 402.06 shall be
that he or she:
(a) States that he or she is applying for a
renewal of a license to practice chiropractic;
(b) Certifies that he or she is the individual
identified in the renewal application.
(c) Promises that he or she will notify the board
in writing within 30 days of any change in the information provided in the
renewal application, even after the application has been granted and the
license renewed;
(d) Consents to the board's use for all purposes
of the mailing and electronic addresses provided to the board in the renewal
application or thereafter;
(e) Certifies that the information provided on
the renewal application form and the documentation provided to support the
renewal application are, to the best of the applicant's knowledge and belief,
true, accurate, complete and unaltered;
(f) Acknowledges that, pursuant to RSA 641:3, I,
the knowing making of a false statement on the renewal application form is
punishable as a misdemeanor, and that, if he or she knowingly provides the
board with any false, inaccurate, incomplete or altered information or
documentation, the board has the authority to deny the renewal application or,
after a hearing, to take disciplinary action against the renewed license; and
(g) Certifies that he or she has read and understands
RSA 316-A and the current administrative rules of the New Hampshire Board of
Chiropractic Examiners.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.08 Required Documents. The renewal applicant shall submit:
(a) Photocopies of any current licenses,
certifications or other documents showing authorization to practice chiropractic
in any other jurisdiction, if not previously submitted to the board;
(b) Documentation of having met the continuing
education requirements of Ch 404 in the form of:
(1) One or more
transcripts issued by the school or college which sponsored the course; or
(2) One or more
certifications or vouchers of course attendance stating:
a. The name of
the renewal applicant;
b. The title of
the course;
c. The name of
the sponsor of the course;
d. The
beginning and ending hours and dates of the course;
e. The location
of the course;
f. The
continuing education hours credited by the sponsor of the course; and
g. The score or
grade given to the renewal applicant, if any; and
(c) If the renewal applicant’s disability
requires the applicant to fulfill the continuing education requirement entirely
by electronic participation, a reasonable accommodation request in the form of
a statement describing the disability and how the disability prevents the
renewal applicant from fulfilling any of the continuing education requirement
through attendance at courses in the presence of the instructor; and
(d) If the renewal applicant has been certified
or re-certified in a specialty since the applicant's last renewal of licensure,
a copy of the front and back of the certificate.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
Ch
402.09 Denial of Application for
Licensure Renewal.
(a) An application for renewal of licensure shall
be denied when a partial or complete application packet is received in the
board's office after the next-to-last working day of June of the renewal year.
(b) An application for renewal of licensure shall
be denied if, upon investigation, there is clear evidence that:
(1) The
continuing education requirements have not been met;
(2) Information
on the renewal application or its associated documents is false, inaccurate or
misleading; or
(3) The renewal
applicant cannot be relied upon to practice competently and safely because of:
a. Physical or
mental disability or other condition or disability;
b. Use of
alcohol or controlled or non-controlled drugs;
c. Reasons
revealed in the course of disciplinary action taken against the applicant by a
licensing body or a professional society or association;
d. Reasons
revealed by conviction of a felony or misdemeanor; or
e. Misconduct
done during any preceding period of licensure in any jurisdiction.
(c) The board shall make any investigations
required to determine whether there are reasons for denial of the application
for licensure renewal.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17
PART Ch 403 REINSTATEMENT OF LICENSES
Ch
403.01 Licenses Subject to
Reinstatement; Board Procedure Related to Reinstatement of Licensure.
(a) The following licenses shall be subject to
reinstatement by the board:
(1) Licenses not renewed pursuant to Ch
402.09(b)(1);
(2) Licenses suspended for disciplinary reasons
as part of a settlement agreement or as part of an order of the board; and
(3) Licenses expired pursuant to Ch 402.02(b).
(b) The reinstatement of licenses suspended
pursuant to Ch 402.09(b)(1) shall require;
(1) Compliance with application procedure set
forth in Ch 403.05; and
(2) Meet the appropriate eligibility requirements
as set forth in Ch 403.02, Ch 403.03, or Ch 403.04.
(c) The reinstatement of licenses suspended for
disciplinary reasons shall be reinstated in accordance with the terms of the
settlement agreement or the disciplinary order of the board, as applicable.
(d) The reinstatement of licenses lapsed pursuant
to Ch 402.02(b) shall require:
(1) Compliance with application procedure set
forth in Ch 403.05; and
(2) Meet the appropriate eligibility requirements
as set forth in Ch 403.02, Ch 403.03, or Ch 403.04.
Source. #13327, eff 1-21-22
Ch
403.02 Full Reinstatement of Licenses
Lapsed for No More Than 70 Days. The
board shall fully reinstate licenses lapsed for no more than 70 days if the
applicants for reinstatement submit to the board within that 70 days:
(a) A completed, dated, signed, and notarized
reinstatement application form pursuant
to Ch 403.05;
(b) Proof in accordance with Ch 404 and Ch 405 of
having completed 20 hours of continuing education in the immediately preceding
2 years;
(c) Payment of the reinstatement fee of $155.00
as set forth by the executive director of the office of professional licensure and
certification;
(d) A written statement that the reinstatement
applicant has not provided chiropractic services on a volunteer or paid basis
since the date that his or her license ceased to be valid; and
(e) Submission
of transcripts pursuant to Ch 305.03(d), if not previously provided.
(f) A
copy of a valid driver’s license or official government issued identification
card bearing a photograph of the applicant.
Source. #13327, eff 1-21-22
Ch
403.03 Full Reinstatement of Licenses
Lapsed for More Than 70 days But Less Than 3 Years. The board shall fully reinstate licenses
lapsed for more than 70 days when the applicant has been active in the
profession as described in Ch 305.01(b) and
the following shall apply:
(a) The reinstatement applicant has not violated RSA 316-A;
(b) The reinstatement applicant has not demonstrated poor moral
character as evidenced by:
(1) The answers to the “yes-no” questions on the
reinstatement application form;
(2) Any documents giving a detailed report of the
relevant circumstances related to answers in the affirmative on the application
form; and
(4) Any verifications received by the board in
compliance with Ch 403.06(c);
(c) The reinstatement applicant shall have paid the reinstatement fee of
$155.00 as set forth by the executive director of the office of professional
licensure and certification; and
(d) The reinstatement applicants have submitted:
(1) A completed, dated, signed, and notarized
reinstatement application form pursuant
to Ch 403.05;
(2) The supporting material described in Ch
403.06.
Source. #13327, eff 1-21-22
Ch
403.04 Full Reinstatement of Licenses
Lapsed for 3 Years or More. The
board shall fully reinstate licenses lapsed for more than 3 years when the
applicant has not been active in the profession as described in Ch 305.01(b) and
the following shall apply.
(a) The reinstatement applicant has not violated RSA 316-A;
(b) The reinstatement applicant has not demonstrated poor moral
character as evidenced by:
(1) The answers to the “yes-no” questions on the
reinstatement application form;
(2) Any documents giving a detailed reports of
the relevant circumstances related to answers in the affirmative on the
application form; and
(4) Any verifications received by the board in
compliance with Ch 403.06(c);
(c) The reinstatement applicant has paid the reinstatement fee of
$155.00 as set forth by the executive director of the office of professional
licensure and certification;
(d) The reinstatement applicant has submitted:
(1) A completed, dated, signed, and notarized
reinstatement application form pursuant
to Ch 403.05; and
(2) The supporting material described in Ch
403.06; and
(e) The
reinstatement applicant has taken and passed the National Board of Chiropractic
Examiners (NBCE) special
purposes examination for chiropractic professionals.
Source. #13327, eff 1-21-22
Ch
403.05 Reinstatement Application Form.
(a) The “Application for Reinstatement of
Licensure” form, effective April 29, 2021 shall:
(1) Be supplied by the board; and
(2) Contain the following preprinted statement:
“I herewith apply for
a license to practice chiropractic in accordance with RSA 316-A and the rules
of the New Hampshire Board of Chiropractic Examiners. I am the applicant identified in the
application. I will notify the board in
writing within 30 days of any change in the information provided in the
application, even after the application has been granted and a license issued. I consent to the board's use for all purposes
of the mailing and electronic addresses provided to the board in the
application or thereafter. The
information provided on the application form and the documentation provided to
support the application are, to the best of my knowledge and belief, true, accurate,
complete and unaltered. I acknowledge
that, pursuant to RSA 641:3, I, the knowing making of a false statement on the
application form is punishable as a misdemeanor, and, should I knowingly
provide the board with any false, inaccurate, incomplete or altered information
or documentation, the board has the authority to deny the application or, after
a hearing, to take disciplinary action against any license issued to me.”
(b) The effect of the reinstatement applicant’s
notarized signature on the application form shall be:
(1) The applicant’s acknowledgement that
knowingly making a false statement on the application form is a misdemeanor
under RSA 641:2, I;
(2) The applicant’s certification that:
a. The information provided on all of the parts
of the application form and in the documents personally submitted to support
the application is complete and accurate to the best of the applicant’s
knowledge and belief; and
b. The applicant has read the statutes and
administrative rules of the board; and
(3) The applicant’s promise to abide by the
statutes and administrative rules of the board.
Source. #13327, eff 1-21-22
Ch
403.06 Supporting Materials. The material supporting the reinstatement
application shall be:
(a) A detailed report of the relevant
circumstances of any affirmative
responses to “yes-no” questions on the reinstatement application;
(b) A written statement that the reinstatement
applicant has not engaged as a chiropractor in New Hampshire on a volunteer or
paid basis since the date that his or her license ceased to be valid;
(c) An official letter of verification received
directly to the board from every state which has issued the applicant a license
or other authorization to practice as a chiropractor since the lapse of the New
Hampshire license, stating:
(1) Whether the license or other authorization is
or was, during its period of validity, in good standing; and
(2) Whether any disciplinary action was taken
against the license or other authorization to practice; and
(d) Transcripts as described in Ch 302.07(b), if
not previously provided.
Source. #13327, eff 1-21-22
Ch
403.07 Board Procedures for
Processing Reinstatement Applications.
(a) If the board, after receiving and reviewing
an application for license reinstatement, requires further information or
documents to determine the reinstatement applicant’s qualification, the board
shall:
(1) Notify
the applicant in writing within 30 days; and
(2) Specify the information or documents it
requires.
(b) The board shall issue written approval or
denial of the application for license reinstatement within 60 days of the date
that the application and supporting documents are submitted and complete.
(c) The reinstatement fee of $155.00 as set forth
by the executive director of the office of professional licensure and
certification shall be non-refundable.
(d) If the board denies an application for
license reinstatement, the board shall include in its notice of denial the
information stated in (e) below.
(e) An applicant wishing to challenge the board’s
denial of an application for license reinstatement shall:
(1) Make a written request for a hearing of the
applicant’s challenge; and
(2) Submit this request to the board:
a. Within 60 days of the board’s notification of
denial; or
b. If the applicant is on active military duty outside
the United States, within 60 days of the applicant’s return to the United
States or release from duty, whichever occurs later.
Source. #13327, eff 1-21-22
PART Ch 404 MISCONDUCT AND SANCTIONS
Ch 404.01 Misconduct. Misconduct shall be:
(a) The practice of fraud or deceit in procuring
or attempting to procure a license to practice chiropractic;
(b) Conviction of a felony or misdemeanor that
indicates the licensee cannot be relied upon to practice competently, safely,
and honestly;
(c) Any unprofessional conduct negatively
affecting the practice of chiropractic, including but not limited to:
(1) Disrespect
for the patient as further described in Ch 403.02;
(2) Sexual
conduct as further described in Ch 403.03;
(3)
Professional dishonesty as further described in Ch 403.04;
(4) The failure
to comply with the ongoing requirements of Ch 406; and
(5) The failure
to report to the board that an individual is practicing chiropractic without a
license when the licensee is reasonably certain that this is true;
(d) Negligent or willful acts performed in a
manner inconsistent with the health or safety of persons under the care of the
licensee;
(e) Addiction to the use of alcohol or other
habit-forming drugs to a degree which renders the licensee unfit to practice
chiropractic;
(f) Mental or physical incompetence to practice
chiropractic;
(g) Willful or repeated violation of the
provisions of RSA 316-A or the board's administrative rules; and
(h) Disciplinary suspension without reinstatement
or revocation of a license to practice chiropractic in another jurisdiction.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.01) (see Revision Note at chapter heading for Ch 400)
Ch 404.02 Disrespect
to a Patient as Unprofessional Conduct.
The following shall constitute unprofessional conduct negatively
affecting the practice of chiropractic:
(a) Revealing a patient's personal or health
information without either the consent of the patient or a court order requiring
the disclosure;
(b) Knowingly exaggerating or minimizing the
patient's condition or prospects for recovery;
(c) Failing to give the patient adequate information
about proposed and present treatment;
(d) Failing to protect the patient's bodily
privacy to the extent consistent with effective diagnosis and treatment;
(e) Terminating a patient's treatment without
making a referral to another practitioner when doing so could jeopardize the
patient's health or welfare;
(f) Failing upon request by a patient to refer
the patient to another practitioner;
(g) Failure to take the utmost care during
diagnostic imaging and to minimize a patient's exposure to radiation; and
(h) Failure to provide complete and accurate
patient records within 10 business days of receipt of the patient's request to
the patient or to any person or entity designated by the patient to receive
them.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.02) (see Revision Note at chapter heading for Ch 400)
Ch 404.03 Sexual Conduct as Unprofessional Conduct.
(a) Unless the licensee and the patient entered
into a sexual relationship, spousal relationship or a domestic partnership
before their relationship became that of chiropractor and patient, the
following acts shall constitute unprofessional conduct negatively affecting the
practice of chiropractic:
(1) Sexual
relations between a licensee and the licensee's patient, even if:
a. The sexual
relations were initiated by the patient; or
b. The patient
consented to the sexual relations;
(2) Engaging in
behavior which might reasonably be interpreted by a patient to be sexual; and
(3) Engaging in
verbal behavior which might reasonably be interpreted by a patient as sexual,
seductive, or sexually demeaning.
(b) For
the purpose of applying the rules in (a) above, the chiropractor-patient
relationship shall continue for 6 months after chiropractic treatment has
ended.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.03) (see Revision Note at chapter heading for Ch 400)
Ch 404.04 Professional
Dishonesty as Unprofessional Conduct.
Unprofessional conduct negatively affecting the practice of chiropractic
shall include but not be limited to:
(a) Proposing to a potential patient, or actually
performing, treatment which is not necessary in light of the licensee's
examination of the patient and the resulting findings;
(b) Implementing, or assisting in preparing or
verifying, a report supporting a false or exaggerated claim of physical
disability or a report concealing a physical disability;
(c) Presenting a bill for payment which is not:
(1) Itemized;
and
(2) Clear and
understandable; and
(d) Charging for services not rendered.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.04) (see Revision Note at chapter heading for Ch 400)
Ch 404.05 Sanctions.
(a) Pursuant to RSA 316-A:22, III disciplinary
measures available to the board to sanction misconduct shall be:
(1) License
revocation;
(2) A
reprimand;
(3) Suspension,
limitation or restriction of the license to practice for a period of up to 5
years;
(4) The
requirement that the licensee engage in continuing education to remediate the
deficiency which caused the licensee's misconduct; and
(5) The
imposition of a civil fine not to exceed:
a. $1,000 for each
instance of misconduct; and
b. In the case
of continuing misconduct, $100 per day as long as the misconduct continues.
(b) An individual whose license has been revoked
shall not be re-licensed to practice chiropractic in New Hampshire.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.05) (see Revision Note at chapter heading for Ch 400)
Ch 404.06 Procedure for Imposition of Sanctions. Other than immediate license suspension
authorized by RSA 541-A:30, III and Ch 208.02(a), the board shall impose
disciplinary sanctions only:
(a) After prior notice to the licensee in
accordance with Ch 208.01(a) and opportunity for the licensee to be heard; or
(b) Pursuant to an agreed upon settlement between
the board and the licensee expressed in a written order of the board.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.06) (see Revision Note at chapter heading for Ch 400)
Ch 404.07 Determinations Required for Sanctions.
(a) In determining which sanction or combination
of sanctions to impose, the board shall:
(1) First
determine the nature of the act or omission constituting the misconduct done by
the licensee;
(2) Next
determine whether the misconduct has one or more of the characteristics listed
in (b) below; and
(3) Finally, apply
the standards in (c) below.
(b) The characteristics shall be:
(1) The
misconduct actually caused physical or mental harm to the patient or another
person;
(2) The
misconduct had the potential to cause physical or mental harm to the patient or
another person;
(3) The
misconduct repeated earlier misconduct done by the licensee, as determined by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on the same misconduct by the licensee; or
c. An admission
by the licensee;
(4) The
misconduct was not the first misconduct by the licensee, as determined by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on misconduct by the licensee; or
c. An admission
by the licensee;
(5) The
misconduct was intentional rather than the result of negligence or
inadvertence; and
(6) The same
kind of misconduct was the subject of an official warning previously issued
pursuant to Ch 403.08.
(c) The board shall select appropriate
sanction(s):
(1) From the
list in Ch 403.05(a); and
(2) By choosing,
in light of the characteristics determined pursuant to (b) above, the sanction
most likely to:
a. Protect
public health and safety;
b. Prevent
future misconduct by the licensee;
c. Take into
account any acknowledgement of fault by the licensee and any cooperation by the
licensee with the board's investigation of misconduct;
d. Correct any
attitudinal, educational, or other deficiencies which led to the licensee's
misconduct;
e. Encourage
the responsible practice of chiropractic; and
f. Demonstrate
to the licensee and the public the board's intention to insure that its
licensees practice in accordance with applicable law and the public welfare.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.07) (see Revision Note at chapter heading for Ch 400)
Ch 404.08 Official Warning. Pursuant to RSA 316-A:3, XIII the board shall
issue a non-public official warning in the form of a letter of concern to a
licensee if it determines through investigation that the licensee has engaged
in a violation of Ch 406.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 403.08) (see Revision Note at chapter heading for Ch 400)
Ch
405.01 Continuing Education Hours and
Courses.
(a) Applicants for renewal of their license to
practice chiropractic, unless issued an initial license within the 12 months
preceding its expiration date, shall obtain at least 20 hours of continuing
education biennially in accordance with (b) below.
(b) Continuing education courses shall be:
(1)
Selected from the list in (c) below; and
(2)
Taken as specified in (d) and (e) below.
(c) Continuing education courses shall be
selected from the following list:
(1)
Courses which are approved or conducted by:
a. The
International Chiropractors Association;
b. The
American Chiropractic Association;
c. Any
state-chartered chiropractic school or college; or
d. Providers
of Approved Continuing Education (PACE);
(2)
Courses on the topics set forth in Ch 405.04 (h) and sponsored by a
school or college accredited by CCE or any other national or regional
accrediting agency approved by the United States Department of Education;
(3)
Emergency and first aid courses sponsored by the American Red Cross or
the American Heart Association, provided that no more than 4 hours shall be
credited; and
(4)
Courses which have been pre-approved by the board pursuant to Ch 405.
(d) Continuing education courses shall be taken
as follows:
(1)
By attendance at the course in the presence of the instructor; or
(2)
By electronic participation.
(e) To be eligible for continuing education
credit, electronic course participation shall include receipt of a score or
grade of 80% or higher.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; ss by #13042, eff 5-9-20;
amd by #13097, eff 9-4-20; renumbered by #13327 (formerly
Ch 404.01) (see Revision Note at chapter heading for Ch 400); ss by #13430, eff
8-9-22; ss by #13844, eff 2-23-24
PART Ch 406
PRE-APPROVAL OF COURSES
Ch 406.01 Procedure for Obtaining Pre-Approval of
Continuing Education Courses.
(a) Requests for the board’s pre-approval of
courses for continuing education status shall be made by any sponsoring
organization, school, college or individual at least 60 days before the
beginning of the course for which pre-approval is sought.
(b) Pre-approval of courses for continuing education
status shall remain valid for 2 calendar years beginning on January 1 of the
first year for which they are approved unless the pre-approval is earlier
revoked pursuant to Ch 405.03.
(c) Those wishing to have the board pre-approve
courses for continuing education status shall:
(1) Complete and
submit the board-provided “Continuing Education Application” form, effective
September 2017 and described in (d) below; and
(2) Submit as
supporting documents:
a. The
curriculum vitae of the course instructor(s); and
b. Any lecture
notes or other material to be distributed to the students taking the course.
(d) The information to be provided on the
application form shall be:
(1) The name of
the course sponsor;
(2) The title
of the course;
(3) A
description of the subject matter and topics of the course;
(4) The
beginning and ending hours and dates of the course;
(5) The
location of the course;
(6) The name of
the instructor(s);
(7) A list of the
textbooks, materials and equipment to be used by the instructor(s) or the
students; and
(8) A list of
products, merchandise or equipment promoted by, or sold through, the course by
the instructor(s) or the course sponsor.
(e) The application form shall be signed and dated
by the course sponsor or an agent of the course sponsor directly beneath a
preprinted statement that gives permission for a representative of the board to
audit the course at no charge.
(f) The effect of the signature called for by (e)
above shall be:
(1) To assert
that the information on the application form and in the curriculum vitae of the
instructor(s) is complete and accurate to the best of the signer’s knowledge
and belief; and
(2) To promise
that a representative of the board will be permitted to audit at no charge the
course for which pre-approval is sought.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by
#13327 (formerly Ch 405.01) (see Revision Note at chapter heading for Ch 400)
Ch 406.02 Notification of Course Pre-Approval.
(a)
Upon pre-approving a continuing education course the board shall issue to the
sponsoring organization, school, college or individual a course approval notice containing:
(1) A course
number assigned by the board;
(2) The title of
the course;
(3) The
beginning and ending hours and dates of the course; and
(4) The number
of continuing education hours to be credited by the board.
(b) The board shall:
(1) Keep a list
of currently pre-approved courses; and
(2) Provide the
list to licensees upon request.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 405.02) (see Revision Note at chapter heading for Ch 400)
Ch 406.03 Denial of Course Pre-Approval and
Revocation of Course Pre-Approval After Notice and Opportunity for a Hearing.
(a) An application for pre-approval of a course
for continuing education status shall be denied if the application form or
supporting documents show that the course does not meet the requirements of Ch
405.04.
(b) Course pre-approval already granted by the
board shall be revoked if the board’s audit of the course or other evidence
shows that:
(1) The
application form for pre-approval or the related supporting documents do not
describe the course with substantial accuracy; or
(2) The course
does not meet the requirements of Ch 405.04.
(c) Before acting to deny pursuant to (a) above
or revoke pursuant to (b) above, the board shall:
(1) Give
written notice to the course sponsor of its intention to deny or revoke, stating
the reasons for that intention; and
(2) Provide the
course sponsor with the opportunity to challenge the intended action through a
hearing in accordance with the applicable rules of Ch 200.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 405.03) (see Revision Note at chapter heading for Ch 400)
Ch 406.04 Standards for Board Pre-Approval of
Courses. To be pre-approved for
continuing education status courses shall:
(a) Contribute to the growth of the professional knowledge
and competence in the practice of chiropractic;
(b) Feature subjects and topics, instructors,
textbooks and equipment that reflect a current level of chiropractic education
and research;
(c) Include procedures for checking attendance at
each session;
(d) Assign no more than 10 hours of credit for a
full day session;
(e) Not be courses in general business skills or
practices;
(f) Not be vehicles for the marketing of
products, merchandise or equipment;
(g) Provide those completing the course with:
(1) A transcript;
or
(2) A
certificate or voucher of course attendance stating:
a. The name of
the person taking the course;
b. The title of
the course;
c. The name of
the sponsor of the course;
d. The
beginning and ending hours and dates of the course;
e. The location
of the course;
f. The continuing
education hours credited; and
g. The score or
grade given to the person taking the course, if any; and
(h) Consist primarily, but not necessarily
exclusively, of instruction in one or more of the following subjects
(1)
Chiropractic adjusting technique;
(2) Chiropractic
philosophy;
(3) Analysis of
vertebral subluxation;
(4)
Chiropractic ethics and jurisprudence;
(5) Diagnostic
imaging;
(6) Physical
diagnosis;
(7) Clinical
laboratory diagnosis;
(8)
Orthopedics;
(9) Neurology;
(10) Emergency
and first aid procedures;
(11)
Nutritional physiology;
(12)
Physiological therapeutics and rehabilitation;
(13)
Electrodiagnostic procedures;
(14) Public health
and safety; and
(15) Risk
management and record keeping.
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 405.04) (see Revision Note at chapter heading for Ch 400)
PART Ch 407
ONGOING REQUIREMENTS
Ch 407.01 Obligation to Keep Board Records Current. A licensee shall notify the board within 30
days of any changes in the licensee’s:
(a) Full name;
(b) Physical address;
(c) Mailing address;
(d) Telephone number;
(e) E-mail address, if the licensee has one; or
(f)
National provider identifier.
Source. #8739, eff 10-11-06; ss by #9358, eff 1-10-09,
EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.01) (see Revision Note at chapter heading for Ch 400)
Ch 407.02 Obligation to Maintain Patient Records.
(a) A licensee shall maintain patient records
including at least the following:
(1) A description
of the patient’s chief complaint or reason for initiating care;
(2) A history,
which includes any significant events:
a. Related to
the patient’s chief complaint or reason for initiating care; and
b. Occurring in
the patient's general health history;
(3) A record of
diagnostic, analytic and chiropractic procedures including:
a. Any findings
from examination and x-ray;
b. A diagnosis
or analysis;
c. A description
of the care rendered at each visit including therapeutic modalities and other
ancillary procedures;
d. Any changes
in the plan of care together with the reason for such changes; and
e. A record of
the patient’s response to chiropractic care; and
(4) The images
taken for diagnostic purposes.
(b) The patient records described in (a) above
shall be retained for 5 years following the end of treatment or the age of majority
of the patient, whichever comes later.
(c) A licensee shall develop a plan:
(1) For the disposition
of patient records after the expiration of the retention period mandated by (b)
above; and
(2) For the
management of patient records if, during the mandated retention period, the
licensee has:
a. Died;
b. Retired;
c. Become
unable to practice because of physical or mental incapacity; or
d. Lost his or
her license to practice.
(d) The
licensee shall provide the board with the name, address and telephone number of
any person or entity identified by the plan required by (c)(2) above as future
custodian of the patient records.
Source. #8739, eff 10-11-06; ss by #9358, eff
1-10-09, EXPIRED: 1-10-17
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.02) (see Revision Note at chapter heading for Ch 400)
Ch 407.03 Obligation to Post Documents At Place of
Practice. A licensee shall:
(a) Post in a prominent location at his or her principal
place of practice the document(s) showing current licensure; and
(b) Make available to the public a notice reading
“Complaints concerning doctors of chiropractic shall be sent to the NH Board of
Chiropractic Examiners, Office of Professional Licensure & Certification,
121 S. Fruit Street, Concord, NH 03301".
Source. #8739, eff 10-11-06, EXPIRED: 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.03) (see Revision Note at chapter heading for Ch 400)
Ch 407.04 Obligation
to Advertise Truthfully and Clearly.
(a) If a licensee chooses to advertise his or her
chiropractic services, he or she shall do so in written, spoken or recorded
messages which are:
(1) Complete and
truthful;
(2) Not
intended or having the effect to defraud or deceive the reader or listener;
(3) Not
intended or having the effect to mislead or confuse the reader or listener; and
(4) Without
ambiguity and stated in clear and simple language that a lay person with
reasonable ability to comprehend when reading or listening would be able to
understand without assistance.
(b) Messages deemed by the board to violate (a)
above shall include but not be limited to, messages:
(1) Intended or
likely to create a false expectation of the favorable results from chiropractic
treatment;
(2) Intended or
likely to create a false expectation of the cost of treatment or the amount of
treatment to be provided; or
(3) Likely to
deceive or mislead because in context they represent only a partial disclosure
of the conditions and relevant facts of the extent of treatment the licensee
expects to provide.
(c) If a
licensee in his or her advertising makes a claim based on one or more research
studies, the licensee shall clearly identify the relevant research study or studies
and make copies of such research studies available to the board upon request.
(d) The effect
of (a) through (c) above shall be to impose the obligations therein upon the
licensee even if the advertising is done on behalf of the licensee by the
licensee's employee or a student being mentored by the licensee.
Source. #8739, eff 10-11-06; ss by #9451, eff 4-7-09,
EXPIRED: 4-7-17
New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.04) (see Revision Note at chapter heading for Ch 400)
Ch 407.05 Prohibited
Advertising.
(a) A licensee shall not advertise his or her
services as providing a cure for any condition or use the word "cure"
to imply that the licensee's services provide a cure for any condition.
(b) A licensee shall not guarantee the results of
chiropractic services, or use the word "guarantee" to imply that the
licensee guarantees the results of his or her services.
(c) A licensee shall not advertise himself or
herself as having special expertise unless the licensee:
(1) Holds a
specialty certification from a certifying body;
(2) Identifies
the specialty certification and the certifying body in the advertisement; and
(3) Provides
the board with a copy of the specialty certification.
(d) The effect
of (a) through (c) above shall be to impose the prohibitions therein upon the
licensee even if the advertising is done on behalf of the licensee by the licensee's
employee or a student being mentored by the licensee.
Source. #8739, eff 10-11-06; ss by #9451, eff 4-7-09,
EXPIRED: 4-7-17
New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.05) (see Revision Note at chapter heading for Ch 400)
Ch 407.06 Advertising the Cost of Services.
(a) A licensee shall not engage in bait and switch
advertising.
(b) A licensee shall not advertise any service as
“free” unless the advertisement clearly and specifically states:
(1) All the
component services which will or might be performed at the time of, or as part
of, the service;
(2) As to each
such component service, whether that service will be free or, if not, the exact
amount which will be charged for it; and
(3) The
expiration date of the offer of free service.
(c) The effect of (a) and (b) above shall be to
impose the prohibitions therein upon the licensee even if the advertising is
done on behalf of the licensee by the licensee's employee or a student being
mentored by the licensee.
Source. #8739, eff 10-11-06; ss by #9451, eff 4-7-09,
EXPIRED: 4-7-17
New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.06) (see Revision Note at chapter heading for Ch 400)
Ch 407.07 Obligation to Include Name and Professional
Title on Advertising. A licensee
shall place on business signs, business letterhead, business cards and business
advertising:
(a) Pursuant to RSA 316-A:25, I, the following
designation: "Doctor", the name of the licensee, “chiropractor”;
(b) His or her name followed by the title “doctor
of chiropractic”;
(c) His or her name followed by the designation
“DC”; or
(d) His or her name followed by the title
"chiropractor".
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.07) (see Revision Note at chapter heading for Ch 400)
Ch 407.08 Obligation to Report Certain Complaints to
the Board. A licensee shall report
to the board a complaint made against the licensee in any court or in any
professional or business organization of which the licensee is a member:
(a) As soon as the licensee becomes aware of the
complaint; and
(b) In answering the question in Ch 402.05(p), on
the licensee's license-renewal application form.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.08) (see Revision Note at chapter heading for Ch 400)
Ch 407.09 Preparatory and Complementary Procedures. A licensee shall not use preparatory and complementary
procedures unless the licensee learned such procedures at an accredited
chiropractic college or through a program of continuing education sponsored by
an accredited chiropractic college.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New.
#12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 406.09) (see Revision Note at chapter heading for Ch 400)
PART Ch 408 THE
BOARD'S OBLIGATION TO REPORT FINAL DISCIPLINARY ACTIONS
Ch 408.01 The
Board’s Obligation to Inform the Public of Final Disciplinary Actions. The board shall report final disciplinary
actions:
(a) On its website, if any;
(b) Upon inquiry to the office of the board; and
(c) To the HIPD through the FCLB.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New.
#12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 407.01) (see Revision Note at chapter heading for Ch 400)
PART Ch 409
INACTIVE LIST
Ch 409.01 Placement on the Inactive List.
(a) Pursuant to the provisions of RSA 316-A:21
the board shall maintain an inactive list and
place on the list a licensed chiropractor who:
(1) Does not intend
to engage in practice as a chiropractor in New Hampshire; and
(2) Makes a written request to the board to be placed
on the list.
(b) An individual on the inactive list shall not
be required to renew his or her license or pay a renewal fee as long he or she
remains inactive by not practicing chiropractic.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED:
8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 408.01) (see Revision Note at chapter heading for Ch 400)
Ch 409.02 Restoration to Active Status.
(a) An individual wishing to be restored to
active status shall:
(1) Present no
basis for licensure denial pursuant to Ch 402.09(b);
(2) If inactive
for 3 years or fewer, have met during the period of inactivity the continuing
education requirements of Ch 404.01; and
(3) If inactive
for more than 3 years:
a. Take and
pass the NBCE special purposes examination for chiropractic; or
b. Meet the
eligibility requirements for licensure by endorsement which are set forth in Ch
305.01(a) through (e).
(b) An inactive individual shall be restored to
active status for the current licensing biennium if he or she:
(1) Meets the
eligibility requirements in (a) above;
(2) Pays the
renewal fee for the current biennium;
(3) Submits a
completed “Application for a License to Practice Chiropractic”, effective
September 2017 and provided by the board requiring the information specified in
Ch 302.04 and a signature to the statement described in Ch 302.05; and
(4) Submits the
supporting materials called for by (c) below.
(c) The supporting materials to be submitted for
restoration to active status shall be:
(1) A recent photograph
of the individual wishing to be restored to active status;
(2) Photocopies
of all licenses, certifications or other documents showing authorization to practice,
which are currently effective or were effective during the period that the
individual has been inactive;
(3) If the
individual wishing to be restored to active status has been inactive for 3 years
or fewer, the documents listed in Ch 402.08(b); and
(4) If the
individual wishing to be restored to active status has been inactive for more
than 3 years and has taken the NBCE special purposes examination for
chiropractic, the scores on that examination sent directly from NBCE.
Source. #8739, eff 10-11-06, EXPIRED 10-11-14
New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17
New. #12431, eff 12-8-17; renumbered by #13327 (formerly
Ch 408.02) (see Revision Note at chapter heading for Ch 400)
APPENDIX
RULE NUMBER |
STATUTE IMPLEMENTED |
|
|
|
|
Ch 101.01(a) |
RSA 316-A:3,
I-VII and RSA 316-A:20 |
|
Ch 101.01(b) |
RSA 316-A:22, I
and III |
|
Ch 101.01(c) |
RSA 316-A:22, II
and RSA 316-A:3, VIII, XII, XIII and XVIII |
|
Ch 102 |
RSA 541-A:7 |
|
Ch 103.01 |
RSA 316-A:2 |
|
Ch 103.02 |
RSA 541-A:16,
I(a) |
|
Ch 103.03 and Ch
103.04 |
RSA 541-A:16,
I(a) |
|
Ch 103.05 |
RSA 316-A:7 |
|
Ch 103.06 and Ch
103.07 |
RSA 91-A:16,
I(a) |
|
Ch 104.01 |
RSA 541-A:16,
I(a) |
|
Ch 104.02 |
RSA 541-A:16,
I(a) and RSA 91-A:4 |
|
|
|
|
Ch 201.01 |
RSA 310:6, II |
|
Ch 201.02 |
RSA 541-A:16, I (b) |
|
|
|
|
Ch 301.01 |
RSA 541-A:7 |
|
Ch 302.01-302.02 |
RSA 541-A:16, I(b) |
|
Ch 302.03(a), (b), (d) and
(e) |
RSA 541-A:16, I(b) |
|
Ch 302.03(c) |
RSA 541-A:29, I |
|
Ch 302.04 |
RSA 541-A:16, I(b) |
|
Ch 302.05-302.07 |
RSA 541-A:16, I(b) |
|
Ch 302.08 |
RSA 316-A:3, VI and VII |
|
Ch 302.09(a) |
RSA 541-A:29, II |
|
Ch 302.09(b) |
RSA 541-A:16, I(b) |
|
Ch 303.01 |
RSA 541-A:16, I(b) |
|
Ch 303.02 |
RSA 316-A:11, II and RSA
316-A:12 |
|
Ch 303.03 |
RSA 316-A:3, VII |
|
Ch 304.01(a) |
RSA 316-A:17 |
|
Ch 304.01(b)-(d) |
RSA 316-A:3, III |
|
Ch 304.02 |
RSA 541-A:16, I(b) |
|
Ch 305.01 |
RSA 316-A:18 |
|
Ch 305.02 |
RSA 316-A:3, VII |
|
Ch 305.03 |
RSA 541-A:16, I(b) |
|
Ch 305.04 |
RSA 541-A:29, II |
|
Ch 306.01 |
RSA 316-A:5; RSA 316-A:3,
XVII |
|
|
|
|
Ch 401 |
RSA 541-A:7 |
|
Ch 402.01(a) |
RSA 541-A:16, I(b) intro. |
|
Ch 402.01(b)-(c) |
RSA 316-A:20 |
|
Ch 402.01(d) |
RSA 541-A:16, I(b) intro. |
|
Ch 402.02(a) |
RSA 316-A:19 |
|
Ch 402.02(b) |
RSA 316-A:25, II |
|
Ch 402.03 and 402.04 |
RSA 541-A:16, I(b) intro. |
|
Ch 402.05 |
RSA 316-A:20; RSA 541-A:16,
I(b) intro. |
|
Ch 402.06 and 402.07 |
RSA 541-A:16, I(b) intro. |
|
Ch 402.08(a) |
RSA 541-A:16, I(b) intro. |
|
Ch 402.08(b) |
RSA 316-A:3, XV; |
|
Ch 402.08 (c) and (d) |
RSA 541-A:16, I(b) intro. |
|
Ch 402.09(a) |
RSA 541-A:16, I(b) intro. |
|
Ch 402.09(b) intro, (b)(1) |
RSA 316-A:3, XV |
|
Ch 402.09(b)(2) and (b)(3) |
RSA 316-A:3, VII |
|
Ch 402.09(c) |
RSA 316-A:23-a, I |
|
Ch 403 |
RSA 316-A:3, I and XIV |
|
Ch 404.01 |
RSA 316-A:20; RSA 316-A:3,
XIV; RSA 541-A:16, I(b) intro. |
|
Ch 405 |
RSA 316-A:3, XV |
|
Ch 405.01 |
RSA 316-A:20; RSA 316-A:3,
XIV; RSA 541-A:16, I(b) intro. |
|
Ch 406.01 |
RSA 541-A:16, I(b) intro. |
|
Ch 406.02 |
RSA 541-A:16, I(b) intro. |
|
Ch 406.03(a) |
RSA 316-A:3, XVIII |
|
Ch 406.03(b) |
RSA 316-A:3, VIII |
|
Ch 406.04-Ch 406.06 |
RSA 541-A:16, I(b); RSA 316-A:3,
XVIII |
|
Ch 406.07 |
RSA 316-A:3, XVIII |
|
Ch 406.08 |
RSA 316-A:3, IX |
|
Ch 406.09 |
RSA 316-A:1; RSA 316-A:22,
II(c) and (d) |
|
Ch 407 |
RSA 316-A:3, XII |
|
Ch 408 |
RSA 316-A:21; RSA 541-A:16,
I(b) intro. |
|