CHAPTER Gen 400 CONTINUED
STATUS
REVISION NOTE #1:
The
Governor declared a State of Emergency in Executive Order 2020-04, which was
effective 3-13-20. The declaration and subsequent
Emergency Orders issued pursuant to Executive Order 2020-04 may have affected various
rules and statutes governing licensees under Chapter Gen 400, including rules
on continuing education. The State of Emergency
terminated at midnight on 6-11-21, and rules or statutes which had been amended
during the State of Emergency were restored.
To determine what rules in Gen 400 were applicable during the State of
Emergency, the user should check not only the source notes of the rules but
also the Emergency Orders in effect at the time in question.
Document
#13290, effective 11-16-21, amended paragraph (a) in Gen 406.01 titled “Maintenance
of Continuing Competence” as an emergency rule. Pursuant to RSA 541-A:18, V, the emergency
rule expired 5-15-22, and the rule Gen 406.01 was effective again in its
original form in Document #10687 as indicated in the source note.
REVISION NOTE #2:
Document
#13556, effective 4-11-23, readopted with amendments, readopted with amendments and renumbered, or repealed various rules in Chapter
Gen 400.
The
rules repealed by Document #13556 included the following rules:
PART
Gen 402 PROCEDURES FOR RENEWING A
LICENSE
Gen
402.01 Procedure for Licensees Who Do
Not Wish to Renew Their Licenses
Gen 402.04 Licensure Renewal Application Form
Gen 402.05 Effect of the Renewal Applicant’s Signature
PART
Gen 403 REINSTATEMENT OF LICENSURE
Gen 403.07 Reinstatement Application Form
PART Gen 407 DOCUMENTATION OF MAINTENANCE OF CONTINUING
COMPETENCE
Gen 407.01 Documentation Requirements
Gen 407.02 Receipt of Academic Instruction in Genetic
Counseling
Gen 407.03
Non-Academic Courses, Seminars, Conferences and Workshops, Including
Grand Rounds
Gen 407.04 Facility-Based Genetic Counseling In-Service
Training
Gen 407.05 Formal Mentored Independent Study
Gen 407.06 Educational Events Sponsored by the NSGC or
ACMG
Gen 407.07 Direct
Supervision of Genetic Counselor Students During Their Clinical Education
Gen 407.08 Publication of Writing Related to Genetic
Counseling
Gen 407.09 Professional
Presentations Relating to Genetic counseling Made to Other Professionals or the
Public
Gen
407.10 Participation in a Genetic
Counseling Research Project
Gen 407.11 Participation in the Work of Professional
Boards, Committees and Agencies
Gen 407.12 Completion of Distance Learning Courses
Gen 407.13 Teaching Genetic Counseling
Gen 407.14 Receipt of Infection Control Education
Gen 407.15 Journal Study
Gen 407.16 Peer Supervision Groups
Gen 407.17 Peer Review of Manuscripts
The repeals necessitated the renumbering
of various rules in Chapter Gen 400 as indicated in the source notes for the
renumbered rules. Source notes for the
rules readopted with amendments or readopted with amendments and renumbered by Document
#13556 indicate “ss by #13556, eff 4-11-23”.
Since Document #13556 necessitated the renumbering of Gen 408.01 as Gen 407.01
but did not readopt it, the source note for Gen 407.01 simply indicates “renumbered
by #13356”.
The prior filings
affecting the rules repealed by Document #13556 included only Document #10687.
PART Gen 401
DEFINITIONS
Gen 401.01 Definitions. In Gen 400 the following terms shall have the
following meanings:
(a)
“Continuing professional education and professional activity" means
structured courses, activities and experiences beyond entry-level professional
preparation that are designed to maintain knowledge and advancements and
enhancements in the field of genetic counseling.
(b)
"Distance-learning" means electronic participation in
continuing professional education and continuing professional activity
described in Gen 405.0(1)(e) provided that the participation can be proven with
the required documentation.
(c) “Maintenance of continuing competence” means
engaging in continuing professional education or continuing professional
activity to develop and maintain for the purpose of performing professional
responsibilities the following abilities:
(1) Knowledge in the field of genetic counseling;
(2) Genetic counseling performance skills;
(3) Interpersonal abilities;
(4) Critical reasoning; and
(5) Ethical reasoning.
(d) “Practice of genetic counseling” means, for
the purposes of advising an individual client, a client’s family, or other
licensed health care professional as defined in RSA 326-K:1, VI;
(1) Obtaining and evaluating individual, family, and
medical histories to determine genetic risk for genetic or medical conditions and diseases in a patient, his or
her offspring, and other family members;
(2)
Discussing the features, natural history, means of diagnosis, genetic
and environmental factors, and management of risk for genetic or medical conditions and diseases;
(3)
Identifying and coordinating genetic laboratory tests and other
diagnostic studies as appropriate for the genetic assessment;
(4)
Integrating genetic laboratory test results and other diagnostic studies
with personal and family medical history to assess and communicate risk factors for genetic or medical
conditions and diseases;
(5)
Explaining the clinical implications of genetic laboratory tests and
other diagnostic studies and their results;
(6)
Evaluating the client’s or family’s responses to the condition of risk
of recurrence and provide client-centered counseling and anticipatory guidance;
and
(7) Providing
written documentation of medical, genetic, and counseling information for
families and health care professionals.
(e) “Renewal year” means any odd-numbered year
which is not the year of initial licensure.
(f)
"Sexual misconduct" means engaging in one or more of the
following activities with respect to a current client who is not a spouse or
civil union partner;
(1) Engaging
in sexual relations, whether consensual or non-consensual;
(2) Making
verbal or physical sexual advances;
(3) Using sexual language or phrases;
(4) Requesting sexual favors; or
(5) Engaging in physical contact of a sexual
nature.
(g) "Teleconference" means a live
exchange of information from a remote location linked by a telecommunication
system. The term includes teleseminar.
(h) "Video lecture" means a teleconference that uses video
technology. The term includes video
course.
(i) "Webinar" means a presentation,
lecture, workshop or seminar that is transmitted over
the world wide web.
Source. #10687,
eff 10-7-14
PART
Gen 402 PROCEDURES FOR RENEWING A
LICENSE
Gen
402.01 License Renewal Procedure.
(a)
A licensee wishing to renew his or her current license shall:
(1) Submit the completed renewal application
packet described in Gen 402.02;
and
(2) Do so by one of the following methods:
a. The timely renewal method consisting of delivery
of the completed packet by hand or secure electronic communication on or before
December 31 of the renewal year; or
b. If the renewal applicant is on active military
duty outside the United States, by delivery of the completed packet by hand,
mail, or secure electronic communication within 60 days of the renewal
applicant’s return to the United States or release from duty, whichever occurs
later.
(b)
Pursuant to RSA 328-F:19, III, licenses to be renewed shall lapse if the
renewal applicants do not submit the completed renewal application packet
within one of the time periods set forth in (a)(2) above.
(c)
Renewal applicants whose licenses have lapsed shall not provide genetic
counseling until their licenses have been reinstated by the board.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (formerly Gen
402.02) (see Revision Note #2 at chapter heading for Gen 400)
Gen
402.02 License Renewal Application Packet. Applicants for license renewal shall submit
the following components of the application packet:
(a) The completed renewal application form
described in Ahp 601.03 provided by the genetic counselors
governing board;
(b) The documents described in Gen 402.03(a), but
no documents proving maintenance of continuing competence; and
(c) The fee(s) specified by Ahp
301.02(a) for timely or late renewal, as applicable.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (formerly Gen
402.03) (see Revision Note #2 at chapter heading for Gen 400)
Gen 402.03
Documents. Applicants for
renewal of their licenses shall include in their application packets:
(a) On a
separate sheet, a detailed report of the relevant circumstances if any of the
answers to questions from the application form specified in Ahp
601.03 are in the affirmative; and
(b) A photocopy of the current certificate issued
by one of the following:
(1) The American
Board of Genetic Counseling (ABGC);
(2) American Board of
Medical Genetics (ABMG); or
(3) The successor organization.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (formerly Gen
402.06) (see Revision Note #2 at chapter heading for Gen 400)
Gen
402.04 The Board’s Renewal Application Processing
Procedures.
(a) If the board, after receiving and reviewing a
completed license renewal application packet requires further information or documents
to determine the renewal applicant's eligibility for a fully renewed license or
a conditionally renewed license the board shall:
(1) So notify the applicant in writing within 30 days; and
(2) Specify the
information or documents it requires.
(b) An application for license renewal shall be considered to be complete when the board’s office has
received:
(1) The completed
application packet as described in Gen 402.02; and
(2) Any additional
information or documents which may have been requested pursuant to (a) above.
(c) Within 60 days of the date that the renewal application is completed, the
board shall issue written approval of, or intent to deny, the application.
(d) The board shall refund the license renewal
fee if:
(1) The applicant
withdraws the application for license renewal before the renewal is issued; or
(2) The board denies
the application.
(e) A renewal applicant wishing to challenge the
board's intent to deny the application for license renewal 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 intent to deny; 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. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (formerly Gen 402.04)
(see Revision Note #2 at chapter heading for Gen 400)
Gen 402.05
Non-Completion of Maintenance of Continuing Competence Reported on
the Renewal Form.
(a) Renewal applicants who reported on their
renewal application form that they anticipated completing continuing
professional education and did not complete the professional education shall:
(1) Report the
cancellation or withdrawal to the board no later than 15 days from the date of
the cancellation or withdrawal or January 15 of the year following the renewal
year whichever comes first;
(2) Give a detailed
written explanation of why the renewal applicant could not complete the
continuing education as reported on the renewal form; and
(3) If the
opportunity to complete continuing professional education was prevented by
cancellation, provide proof of the cancellation.
(b) In reviewing the applicants report described
in (a) above the board shall following the procedure set forth in Gen 403.06
(c) through (f).
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (formerly Gen
402.08) (see Revision Note #2 at chapter heading for Gen 400)
Gen 402.06 Audit Procedure.
(a) The board shall select on a random basis 10%
of the renewal applications submitted in each renewal year for an audit of
compliance with the maintenance of continuing competence required by Gen 405.01.
(b) Audited renewal applicants who reported on
the renewal application form that they completed maintenance of continuing
competence before December 31 of the renewal year shall:
(1) Submit proof in
the form of the documentation in Gen 406; and
(2) Shall do so no
later than February 28 of the year following the renewal year.
(c) If the board observes that the documents
submitted pursuant to (b)(1) above do not support the renewal applicant's claim
of maintenance of continuing competence, the board shall review the possibility
that the renewal applicant made an error on his or her renewal application form
or in submitting documents.
(d) In making the review called for by (c) above
the board shall seek further information from the renewal applicant if doing so
will aid in the review.
(e) If, having completed the review required by
(c) above, the board determines that the renewal applicant made an error in
reporting or in submitting documents, but did not intentionally falsely report
maintenance of continuing competence, the board shall:
(1) Require
correction of the error; or
(2) If the error
cannot be corrected issue a notice of hearing to determine if the renewed
license should be suspended pursuant to Gen 404.01.
(f) If, having completed the review required by (c)
above, the board believes that the renewal applicant has intentionally falsely
reported maintenance of continuing competence, the board shall commence a
disciplinary adjudicative proceeding in the manner required by Ahp 209.01.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (formerly Gen
402.09) (see Revision Note #2 at chapter heading for Gen 400)
Gen
402.07 Basis for Renewal of Licensure. The board shall renew the licenses of
licensees who:
(a) Have submitted the completed renewal
application form within the time limitations set forth in Gen 402.01(a)(2);
(b) Have maintained continuing competence through
continuing professional education or continuing professional activity; and
(c) Are of good moral and professional character,
as evidenced by:
(1) The answers to
the questions from the application form
specified in Ahp 601.01 that are in the affirmative;
and
(2) Any related documents
submitted pursuant to Gen 402.03(a).
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (formerly Gen
402.02) (see Revision Note #2 at chapter heading for Gen 400)
PART
Gen 403 REINSTATEMENT OF LICENSURE
Gen 403.01 Licenses Subject to Reinstatement. The following licenses shall be subject to
reinstatement by the board:
(a)
Licenses suspended pursuant to Gen 402.09(f);
(b)
Licenses suspended for disciplinary reasons as part of a settlement
pursuant to Ahp 214 or as part of an order of the
board; and
(c)
Licenses lapsed pursuant to Gen 402.02(b).
Source. #10687,
eff 10-7-14
Gen 403.02 Reinstatement of Licenses Suspended
Pursuant to Gen 404.01(a) and Reinstatement of
Licenses Suspended for Disciplinary Reasons.
(a) The board shall reinstate a license suspended
pursuant to Gen 402.06(e)(2) if:
(1) The suspension
occurred not more than 70 days before the reinstatement application is
submitted to the genetic counselors governing board; and
(2) The applicant for
reinstatement submits:
a.
A completed, dated, and signed reinstatement application form further
described in Ahp 601.02 provided by the genetic counseling
governing board;
b.
Proof in accordance with Gen 405 of having completed, in the immediately
preceding 2 years, 30 hours of continuing
competence;
c. A written
statement that the applicant has not been employed or volunteered in New
Hampshire as a genetic counselor since the date the applicant’s license ceased
to be valid; and
d.
Payment of the reinstatement fee set forth in Ahp
301.02(a).
(b) The board shall reinstate a license suspended
for disciplinary reasons:
(1) In accordance
with the terms of the settlement agreement or the disciplinary order of the
board, as applicable; and
(2) After receiving payment
of the reinstatement fee set forth in Ahp 301.02(a).
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
403.03 Reinstatement of Licenses
Lapsed For No More Than 70 Days. The board shall reinstate a license lapsed
for no more than 70 days if the applicant for reinstatement submits to the
board:
(a)
A completed, dated, and signed reinstatement application form as further
described in Ahp 601.02 provided by the genetic counseling
governing board;
(b)
The reinstatement fee set forth in Ahp 301.02(a);
(c)
Evidence of good professional character and reliability as shown by:
(1) The
answers to the questions from the reinstatement application form specified in Ahp 601.02 provided by the genetic counseling governing board;
(2) Any detailed reports of the relevant
circumstances related to answers to those questions on the reinstatement application form specified in Ahp
601.02;
(d)
The statement required by Gen 403.07(b);
(e)
Proof in accordance with Gen 406 of having completed any requirement for
maintenance of continuing competence left uncompleted at the time the license lapsed;
(f)
A copy of the applicant’s current certificate issued by one of the
following:
(1) The (ABGC);
(2) The (ABMG); or
(3) The successor organization.
(g)
Any documentation required in Gen 303.04 which was not previously
provided to the board.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen 403.04 Reinstatement of Licenses Lapsed For Longer Than 70 Days But No More Than 5 Years. The
board shall reinstate a license lapsed longer than 70 days but no more than 5
years if the reinstatement applicant submits to the board:
(a)
All documents as described in Gen 403.08; and
(b)
Any documents required by Gen 303.04 which were not previously provided
to the board.
Source. #10687,
eff 10-7-14
Gen
403.05 Reinstatement of Licenses
Lapsed for Longer Than 5 Years when the Applicant Was Certified by the ABGC or
ACMG After 1996. The board shall reinstate
a license lapsed longer than 5 years when the applicant was certified by the
ABGC or ACMG after 1996 and submits to the board:
(a)
All documents as described in Gen 403.03; and
(b)
Any documents required by Gen 303.04 which were not previously provided
to the board.
Source. #10687,
eff 10-7-14
Gen 403.06 Reinstatement of Licenses Lapsed for
Longer Than 5 Years when the Applicant Was Certified by the ABGC or ACMG Prior
to 1996. The board shall reinstate a
license lapsed longer than 5 years when the applicant was certified by the ABGC
or ACMG prior to 1996 and submits to the board:
(a)
All documents as described in Gen 403.03;
(b)
Any documents required by Gen 303.04 which were not previously provided
to the board; and
(c)
Proof of having completed 125 hours of continuing education as described
in Gen 405 within the past 5 years.
Source. #10687,
eff 10-7-14
Gen 403.07
Supporting Materials. The
materials supporting the reinstatement application shall be as described below:
(a) On a separate sheet, a detailed report of the
relevant circumstances if any of the answers to the questions from the reinstatement application form
specified in Ahp 601.02 provided by the genetic
counseling governing board are in the affirmative;
(b)
On a separate sheet, a statement that the reinstatement applicant has
not practiced genetic counseling in New Hampshire since the date the license lapsed;
(c)
A photocopy of the applicant’s current certificate issued by one of the
following:
(1) The American
Board of Genetic Counseling;
(2) American Board of
Medical Genetics; or
(3) The successor
organization.
(d) A resume containing a chronologically
organized account of the applicant's paid or volunteer work experience in
genetic counseling for the past 10 years or completion of the academic program,
including:
(1) Each separate experience
in paid or volunteer work:
a.
Serving as an educator in genetic counseling;
b.
Serving as an administrator in genetic counseling; or
c. Contributing expertise in genetic counseling to a board or committee;
(2) The period of
each separate experience described by the month and year it began and month and
year it ended; and
(3) The physical
address of each experience.
(e)
Unless the information is available only on a website, an official
letter of verification sent directly to the board from every jurisdiction which
has issued a license or other authorization to practice in any health care
field since the date that the license lapsed:
(1) Stating that such
license or other authorization is or was, during its period of validity, in
good standing; and
(2) Stating whether
any disciplinary action was taken against the license or other authorization to
practice; and
(f) Either:
(1) A criminal history records check form and
fingerprint card, seeking both a New Hampshire and a federal records check, in
accordance with the procedure specified by the NH department of safety rules at
Saf-C 5700, operation of the central repository: criminal
records, with the required fee:
(2) If the federal criminal history records check
shows the existence of a criminal record in another state, the applicant shall
obtain a detailed criminal record check directly from that sate and provide it
to the board; or
(3) An
original, not a photocopy, of a criminal offender record report:
a. Issued by each state where the applicant has
resided or been licensed within the past 6 years, providing that such state
will:
1. Send the report to the board; or
2. To the applicant for forwarding to the board;
b. Covering the applicant under all names and
any aliases; and
c. Dated within the 6 months predating the
application for licensure.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (formerly Gen
403.08) (see Revision Note #2 at chapter heading for Gen 400)
Gen 403.08 Board's
Processing of Applications for Reinstatement of Licensure.
(a)
If the board, after receiving and reviewing the reinstatement
application packet, requires
further information or documents to determine the applicant's qualification for
reinstatement of licensure, the board shall:
(1) So notify the
applicant in writing within 30
days; and
(2) Specify the information or documents it
requires.
(b)
A reinstatement application shall be considered complete on the first
date that the board has received the completed reinstatement application form,
any supporting materials which are required and any additional information or
documents which it may have requested.
(c)
The board shall issue written approval or denial of an application for
reinstatement of licensure within 60
days of the date that the application is completed.
(d)
The board shall refund the reinstatement fee if the board denies the
application.
(e)
Any applicant wishing to challenge the board's denial of an application
for licensure 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 the 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. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (formerly Gen
403.09) (see Revision Note #2 at chapter heading for Gen 400)
PART
Gen 404 REVOCATION, SUSPENSION AND OTHER
SANCTIONS
Gen
404.01 Misconduct. Misconduct shall be:
(a)
Knowingly or negligently providing inaccurate material information to the
board or failing to provide complete and truthful material information upon
inquiry by the board, including during the process of applying for an initial,
renewed or reinstated license;
(b)
Conviction of any criminal offense involving:
(1) Physical or mental injury to a victim;
(2) The risk of such injury; or
(3) Dishonesty;
(c)
Failure to report to the board a conviction described in (b) above
within 30 days;
(d)
Violation of the ethical standards adopted by the board;
(e)
Engaging in sexual misconduct;
(f) Failure
to provide care with reasonable skill, safety and regard for the client's rights,
whether or not the client has suffered injury;
(g)
Disciplinary action by a
regulatory authority in another domestic or foreign jurisdiction;
(h)
Practice without a
currently valid license; and
(i) Violation
of:
(1) Any provision of RSA 328-F;
(2) Any provision of RSA 326-K;
(3) Any rule adopted by the board; or
(4) Any state or federal law reasonably related
to the authority of the license holder to practice or the ability of the
license holder to practice safely.
Source. #10687,
eff 10-7-14
Gen 404.02 Sanctions.
(a)
Pursuant to RSA 328-F:23, IV(a) through (f), disciplinary measures
available to the board to sanction misconduct shall be:
(1) License revocation;
(2) License suspension for a specified period of time;
(3) License suspension conditioned on the
achievement of specified continuing competence requirements or continuing
education, clinical experience or training;
(4) License suspension conditioned on successful
participation in specified mental or physical health treatment, a
rehabilitative program, counseling, a professional assistance program or any
other program designed to overcome the deficiency or condition which appears to
have caused the misconduct;
(5) A requirement that the practice of the license
holder be supervised for a specified period of time by
a licensed genetic counselor or licensed physician knowledgeable in genetic
counseling; and
(6) The imposition of an administrative fine not
to exceed $1,000 for:
a. Misconduct described in Gen 404.01; and
b. The practice of genetic counseling by a person
who was once licensed to practice genetic counseling but does not currently
hold a valid license, or who is practicing in violation of the conditions upon
which he or she is licensed.
(b)
Pursuant to RSA 328-F:23, IV(g), a measure available to the board to
sanction the misconduct described in (6)a. or (6)b. above if the misconduct is
continuing shall be the imposition of an administrative fine of $100 for each
day the misconduct continues after notice from the board that the misconduct
shall cease.
(c)
An additional measure available to the board to sanction misconduct
shall be the denial of renewal or reinstatement of a license.
Source. #10687,
eff 10-7-14
Gen 404.03 Procedure for Imposition of Sanctions. Other than the immediate suspension of a
license authorized by RSA 541-A:30, III, the board shall impose disciplinary
sanctions only:
(a)
After prior notice to the license holder in accordance with Ahp 209.01 and the opportunity for the license holder to be
heard; or
(b)
By agreement in a settlement between the board and the license holder
made pursuant to Ahp 214.
Source. #10687,
eff 10-7-14
Gen 404.04 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;
(2) Next determine whether the misconduct has one
or more of the characteristics listed in (b) below; and
(3) Finally, apply the standards in Gen 404.05.
(b)
The characteristics shall be:
(1) The misconduct actually caused physical or
mental harm to the client or another person;
(2) The misconduct had the potential to cause
physical or mental harm to the client or another person;
(3) The misconduct repeated earlier misconduct,
as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated on
the same misconduct; or
c. An admission by the license holder;
(4) The misconduct was not the first instance of
misconduct by the license holder, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated on
the same misconduct; or
c. An admission by the license holder; and
(5) The misconduct was intentional rather than
the result of negligence or inadvertence.
Source. #10687,
eff 10-7-14
Gen 404.05 Standards for the Selection of Sanctions. The board shall select appropriate
sanction(s):
(a)
From the list in Gen 404.02; and
(b)
By choosing, in light of the characteristics
determined pursuant to Gen 404.04(b), the sanction or combination of sanctions
most likely to:
(1) Protect public health and safety;
(2) Prevent future misconduct by the license holder;
(3) Take into account any acknowledgement of
fault and any cooperation with the board's investigation of misconduct;
(4) Correct any attitudinal, educational or other
deficiencies which led to the misconduct;
(5) Encourage the responsible practice of genetic
counseling; and
(6) Demonstrate to the license holder and the
public the board's intention to insure that its
license holder practices in accordance with applicable law and the public
welfare.
Source. #10687,
eff 10-7-14
Gen 404.06 Unauthorized Practice. When the board determines that one of the
following measures is likely to be the most effective way to stop unauthorized
practice as defined in RSA 328-F:27, II, the board shall:
(a)
Issue a cease and desist order against the
person or entity engaged in the unauthorized practice; or
(b)
Seek an injunction against such person or entity.
Source. #10687,
eff 10-7-14
Gen
404.07 Procedure for Emergency Suspension
of Licenses.
(a) Upon a finding that public health, safety or welfare requires emergency action, the board shall
immediately and prior to a hearing suspend a license by issuing a written order
of suspension incorporating the finding.
(b) The board shall commence a hearing no later
than 10 working days after the issuance of an order pursuant to (a) above.
(c) Unless the 10-day deadline in (b) above is
expressly waived by the licensee, the failure of the board to meet the deadline
shall result in the automatic vacating of the order of license suspension.
(d) After the vacating of the order pursuant to
(c) above, the board shall not again suspend the license on
the basis of the same conduct which formed the basis for the vacated
order without giving the licensee prior notice and the opportunity for a
hearing.
Source. #10687,
eff 10-7-14
PART
Gen 405 VOLUNTARY SURRENDER OF LICENSE
Gen 405.01 Procedures for, and Effect of, Voluntary
Surrender of License. Pursuant to
RSA 328-F:13, I, the procedures for, and effect of, the voluntary surrender of
a license shall be governed by Ahp 219.
Source. #10687,
eff 10-7-14
PART
Gen 406 MAINTENANCE OF CONTINUING
COMPETENCE
Gen
406.01 Maintenance of Continuing Competence.
(a) Licensees intending to renew their licensure
shall maintain continuing competence by completing per biennium 50 hours of
continuing professional education or professional activity further described in
Gen 405.01(b) through (e).
(b) Licensees who received their initial New
Hampshire license between January 1 and December 31 of the renewal year shall not
be required to submit continuing education.
(c) At least 25 of the hours required by (a)
above shall be clinical hours and shall relate directly to the field of genetic
counseling.
(d) At least 12.5 hours required by (a) above
shall be achieved through direct attendance at a NSGC or ACMG approved events.
(e) The balance of the hours required by (a)
above shall relate to general genetic counseling theory and practice,
including, but not limited to, supervision and consultation skills, curriculum development,
and trans-disciplinary issues or skills.
(f) A
licensee shall retain documentation of maintenance of continuing competence for
a period of no less than 3 years.
(g)
The renewal applicant shall furnish the copies of documentation of continuing
competence activities set forth in Gen 406.02 through Gen 406.17 only when
requested to do so by the board in connection with an audit.
(h)
Continuing competence shall be maintained through the following continuing professional education courses and
professional activities, provided that they meet the
definition of continuing professional education in Gen 405.01(b), (c),
and (d) above:
(1) Receipt of
academic instruction in genetic counseling, as further described in Gen 406.02;
(2) Non-academic
courses, seminars, conferences, and workshops, including grand rounds as
further described in Gen 406.03;
(3) Facility-based
genetic counseling in-service training, as further described in Gen 406.04;
(4) Formal mentored
independent study, as further described in Gen 406.05;
(5) Educational
events sponsored by the NSGC or ACMG as further described in Gen 406.06;
(6) Direct
supervision of genetic counselor students during their clinical education, as
further described in Gen 406.07;
(7) Publication of
writing related to genetic counseling, as further described in Gen 406.08;
(8) Professional presentations relating to genetic counseling
made to other professionals or the public, as further described in Gen 406.09;
(9) Participation in
a genetic counseling research project, as further described in Gen 406.10;
(10) Participation in
the work of professional boards, committees and agencies, as further described
in Gen 406.11;
(11) Completion of
distance learning courses, as further described in Gen 406.12;
(12) Teaching genetic
counseling, as further described in Gen 406.13;
(13) Receipt of
infection control education, as further described in Gen 406.14;
(15) Journal study, as further described in Gen 406.15;
(16) Peer supervision groups, as further described in
Gen 406.16; and
(17) Peer review of manuscripts, as further described
in Gen 406.17.
Source. #10687,
eff 10-7-14; amd by #13290,
EMERGENCY RULE, eff 11-16-21, EXPIRED: 5-15-22 (see Revision Note #1 at chapter
heading for Gen 400); ss by #13556, eff 4-11-23 (see Revision Note #2 at
chapter heading for Gen 400)
Gen
406.02 Receipt of Academic
Instruction in Genetic Counseling.
(a) The board shall recognize as maintenance of
continuing competence a licensee's successful completion of academic course work
in genetic counseling, provided that:
(1) The course work
is not that required for initial licensure;
(2) The course is
related to any conditions for which genetic counseling is often or usually
recommended; and
(3) The course work
is sponsored and assigned credit by a college or university.
(b) The board shall credit the licensee with 15
hours for each credit hour of academic course work described in (a) above.
(c) Documentation of successful completion of
academic course work shall be:
(1) A photocopy of an
official transcript showing successful completion of the course, the date of
the course, and the credits earned; and
(2) One of the
following descriptions of the course:
a. The description of
the course copied from the college or university catalogue; or
b. A photocopy of the
course syllabus or outline that includes a description of the course and the
course competencies.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.03 Non-Academic Courses,
Seminars, Conferences and Workshops, Including Grand Rounds.
(a) The board shall recognize as maintenance of
continuing competence the successful completion of non-academic courses,
seminars, conferences, and workshops on the following topics:
(1) Genetic counseling theory or practice or
both; or
(2) Any conditions for which genetic counseling is often or
usually recommended.
(b)
For each clock hour of attendance at such courses, seminars, conferences,
and workshops, the board shall credit the licensee with one hour.
(c) Documentation of successful completion of
non-academic courses, seminars, conferences, and workshops, including grand
rounds, shall be a photocopy of an official certificate showing:
(1) The licensee’s name;
(2) The name and
location of the course, seminar, conference, workshop, or grand rounds;
(3) The name of the
provider or sponsoring entity;
(4) The beginning and
ending date(s) of the program, course, seminar, conference, workshop, or grand rounds;
(5) The number of
hours credited by the provider or sponsoring entity or the brochure showing the
scheduled hours; and
(6) The signature or stamp of the speaker, the instructor, or a
representative of the provider or sponsoring entity.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.04 Facility-Based Genetic
Counseling In-Service Training.
(a) The board shall recognize as maintenance of
continuing competence a licensee's participation in, or attendance at, a
facility-based genetic counseling in-service training when the topic of the
training is:
(1) In the field of genetic counseling; or
(2) Related to any psychological or physical
condition for which genetic counseling is often or usually recommended.
(b) The board shall credit the licensee with one
contact hour for each clock hour of participation or attendance, to a maximum
of 8 hours per renewal cycle.
(c) Documentation of participation in, or
attendance at, a facility-based genetic counseling in-service training shall be
a photocopy of a memo from the genetic counselor’s supervisor of the facility
stating:
(1) The licensee's name;
(2) The name of the
facility and the topic of the in-service training;
(3) The date of the
in-service training; and
(4) The licensee's
hours of attendance.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.05 Formal Mentored Independent
Study.
(a) The board shall recognize formal mentored independent
study in genetic counseling as maintenance of continuing competence so long as
the study is performed under a written and signed mentorship agreement setting
forth:
(1) The name of the mentor; and
(2) The goals and objectives to be met by the mentored
licensee during the course of the mentored licensee’s
study.
(b) The board shall credit the licensee with one
contact hour for every 2 clock hours of formal mentored independent study, to a
maximum of 8 hours per renewal cycle.
(c) Documentation of formal mentored independent
study in genetic counseling shall be:
(1) A photocopy of
the signed mentorship agreement; and
(2) The licensee's
signed written statement describing the independent study showing:
a. The dates of the study;
b. The hours spent on
the study; and
c. The focus and
outcome of the study.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.06 Educational Events Sponsored
by the NSGC or ACMG.
(a) The board shall recognize genetic counseling
educational events sponsored by the ABGC.
(b) For each educational event the board shall
credit the licensee with the hours credited by the NSGC or ACMG.
(c)
Documentation of completion shall be:
(1) A photocopy of the original official NSGC or
ACMG continuing education registry transcript: or
(2) A certificate of attendance showing:
a.
The name of the licensee;
b.
The name or title of the event; and
c.
The date and hours of the event.
Source. #10687, eff
10-7-14; ss by #13556, eff 4-11-23 (see Revision Note #2 at chapter heading for
Gen 400)
Gen
406.07 Direct Supervision of Genetic
Counselor Students During Their Clinical Education.
(a) The board shall recognize as maintenance of
continuing competence a licensee's direct supervision of genetic counselor
student(s) during their clinical education when the licensee acts as the
clinical instructor.
(b)
The board shall credit the licensee with
one hour for every 24 hours of supervision for a maximum of 2 hours per student
for clinical education supervision. A
maximum of 8 hours per renewal cycle shall be credited.
(c) Documentation of direct supervision of a
genetic counselor student during the students’ clinical education shall be a
photocopy of a memo complying with (1) through (5) below:
(1) The name of the licensee;
(2) The fact that the licensee was the student's
clinical instructor;
(3) The clinical education student's school;
(4) The beginning and ending dates
of the licensee's supervision of the student's clinical education including the
total number of hours of supervision; and
(5) The memo shall be signed by:
a.
The supervisor of the facility where the clinical education was supervised;
b.
The clinical coordinator of clinical education; or
c.
The academic coordinator of clinical education.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.08 Publication of Writing Related
to Genetic Counseling.
(a) The board shall recognize as maintenance of
continuing competence the publication of a licensee's writing related to
genetic counseling, including the publication of:
(1) A book;
(2) A peer-reviewed or non-peer-reviewed chapter
of a book;
(3) A peer-reviewed or non-peer-reviewed article;
or
(4) A patient education publication.
(b) The board shall credit the licensee for no
more than 2 published writings per renewal cycle as follows:
(1) For a book, 10 hours per book;
(2) For a peer-reviewed chapter of a book or a
peer-reviewed article, 10 hours per article;
(3) For a non-peer reviewed chapter or article, 5
hours per non-peer review chapter or article; and
(4) For patient education publications, 2 hours
per patient education publication.
(c) Documentation of the licensee's published writing
related to genetic counseling shall be:
(1) Any item showing:
a. The title of the writing;
b. The date of publication;
and
c. The licensee's
part or full authorship of the published writing; and
(2) A photocopy of:
a. The cover or the
dust jacket of the licensee's published book;
b. The licensee's
published chapter or article; or
c. The patient education
material.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.09 Professional Presentations
Relating to Genetic Counseling Made to Other Professionals or the Public.
(a) The board shall recognize professional
presentations relating to genetic counseling, including workshops, lectures, and
in-service trainings, made to other professionals or to the public, as
maintenance of continuing competence.
(b) The board shall credit the licensee with 2
hours for each clock hour of a presentation, to a maximum of 8 hours per
renewal cycle, provided that, if the licensee gives substantially the same public
presentation more than once, the board shall credit the licensee for only a
single presentation.
(c) Documentation of a professional presentation
relating to genetic counseling made to other professionals or to the public
shall be:
(1) A photocopy of
the official program of the presentation;
(2) A photocopy of a
written statement signed by a representative of the program's sponsor
including:
a. The title of the presentation;
b. The name of the
licensee as presenter;
c. The date of the presentation;
c. The hours during
which the presentation took place; and
e. The type of
audience attending the presentation; or
(3) A photocopy of
the program brochure showing the information described in (c)(2) above.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.10 Participation in a Genetic
Counseling Research Project.
(a)
The board shall recognize participation in a genetic counseling research
project as maintenance of continuing competence.
(b) The board shall credit the licensee with one
hour for every 4 clock hours spent on a research project, to a maximum of 8
hours per renewal cycle.
(c) Documentation of participation in a genetic
counseling research project shall be a photocopy of a statement signed by either
the principal investigator or a representative of the grant sponsor showing:
(1) The name of the
research project;
(2) The beginning and
ending dates of the licensee's participation; and
(3) The licensee's
role in the research project.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.11 Participation in the Work of
Professional Boards, Committees and Agencies.
(a) The board shall recognize as maintenance of
continuing competence the participation by a licensee in the work of a board or
committee of a professional genetic counseling organization or government
agency related to the practice of genetic counseling.
(b) The board shall credit the licensee with one
hour for each board, committee, or agency served. The work on each board, committee or agency
served shall exceed 24 hours in duration.
A maximum of 4 hours per renewal cycle shall be credited.
(c) Documentation of participation in the work of
a professional board, committee, or agency shall be a photocopy of a letter
complying with the following:
(1) The letter shall
name the authority appointing the licensee to the board, committee, or agency;
or
(2) The letter shall
name the board, committee, or agency served by the licensee; and
(3) The letter shall
state:
a. The appointment of
the licensee to the board, committee, or agency; or
b. The fact of the
licensee's participation and the beginning and ending dates of the licensee's
service.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.12 Completion of Distance
Learning Courses.
(a) The board shall recognize as maintenance of
continuing competence a licensee's completion of courses taken through distance
learning, including self-study courses and self-paced clinical courses,
provided that the course sponsor or provider issues the documentation described
in Gen 406.12.
(b) The board shall credit the licensee with the
hours attributed by the course sponsor or provider.
(c) Documentation of completion of a course
through distance learning shall be:
(1) A photocopy of an
official transcript showing successful completion of the course, the date of
the course, and the credits earned; or
(2) A photocopy of
the official certificate of completion issued to the licensee by the course
sponsor or provider showing:
a. The licensee’s name;
b. The name of the course;
c. The name of the
provider or sponsor;
d. The beginning and
ending date(s) of the course, if applicable; and
e. The number of
contact hours credited by the provider or sponsor.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.13 Teaching Genetic Counseling.
(a) The board shall recognize as maintenance of
continuing competence a licensee's teaching a college or university course in
genetic counseling.
(b) The board shall credit the licensee with 2
hours for each clock hour of teaching, to a maximum of 8 hours per renewal cycle,
provided that:
(1) If the licensee gives substantially the same
course more than once during the renewal
cycle, the board shall credit the licensee for only a single presentation of
the course; and
(2) If the licensee gives a course that includes
a lab component, the board shall credit the licensee for only a single
presentation of the course.
(c) Documentation of genetic counseling teaching
shall be:
(1) A list of courses
taught; and
(2) A photocopy of a
letter of confirmation signed by an official of the institution sponsoring the
courses.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen 406.14
Receipt of Infection Control Education.
(a) The board shall recognize as maintenance of
continuing competence a licensee's receipt of infection control education.
(b) The board shall credit the licensee with one
contact hour for each clock hour spent in receipt of infection control
education, to a maximum of 2 hours per renewal cycle.
(c) Documentation of a licensee's receipt of infection
control education shall be:
(1) A photocopy of a
certificate showing:
a. The title or
subject matter of the education; and
b. The receipt of the
education by the licensee; or
(2) A statement
signed by the supervisor of the facility where the course took place providing
the information described in (1) above.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.15 Journal Study.
(a) The board shall recognize as maintenance of
continuing competence a licensee's study of a journal article dated within the
preceding 5 years, including answering the questions provided with and related
to the article, so long as the article is related to:
(1) Genetic
counseling theory or practice or both;
(2) The running of a
genetic counseling business; or
(3) Any conditions for which the services of a genetic
counselor are often or usually recommended.
(b) The board shall credit the licensee with a
maximum of 4 hours per renewal cycle for studying such a journal article and
successful completion of the related questions.
(c) Documentation of journal study shall be a
photocopy of a certificate of completion showing:
(1) The name of the licensee;
(2) The title and date of the journal article;
(3) The name of the publisher or provider of the
journal article and the related questions; and
(4) The date of the licensee's completion of the
journal study, including answering the questions related to the article.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.16 Peer Supervision Groups.
(a) The board shall recognize as maintenance of
continuing competence a licensee’s participation in a peer supervision group so
long as:
(1) The peer supervision group consists of genetic
counselors or other counseling professionals;
(2) It operates according to a
contract or other written guidelines that outline the rules, procedures, and
expectations for member’s
participation in the group; and
(3) The group meets on a regular basis according
to a published schedule of dates, times, and locations.
(b) The board shall credit the licensee with one
hour for every 25 hours of participation for a maximum of 2 hours per renewal
cycle.
(c) Documentation of peer supervision groups
shall be:
(1) A photocopy of the contract or written
guidelines for operation showing the name of the peer supervision group;
(2) A photocopy of the schedule of meetings; and
(3) A photocopy of the dated sign-in sheets
documenting attendance.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
Gen
406.17 Peer Review of Manuscripts.
(a) The board shall recognize as maintenance of
continuing competence a licensee’s participation in peer review of a manuscript
so long as:
(1) The licensee was invited to do so; and
(2) The review is for a manuscript to be
published in a scientific journal.
(b) The board shall credit the licensee with one
hour per manuscript for conducting a peer review of a manuscript for a maximum
of 5 per renewal cycle.
(c) Documentation of peer review of manuscripts
shall be:
(1) A photocopy of the invitation;
(2) A photocopy of the review as submitted via
the online journal review system; and
(3) A photocopy of the letter of thanks for
completing the review.
Source. #10687,
eff 10-7-14; ss by #13556, eff 4-11-23 (see Revision
Note #2 at chapter heading for Gen 400)
PART
Gen 407 ONGOING REQUIREMENTS
Gen 407.01 Administrative Obligations of Licensees.
(a)
Licensees shall:
(1) Maintain their current business and home
addresses on file with the board's office;
(2) Notify the board's office of any change in
home physical address, home mailing address, work physical address, or work
mailing address no later than 30 days from the date of the change;
(3) Notify the board’s office of any change in
e-mail address provided for notification purposes no later than 30 days from
the date of the change; and
(4) Notify the board's office if a license or
other proof of licensure has been lost or stolen.
(b)
Licensees shall retain documentation of their continuing professional
education and professional activities for at least 3 years.
(c)
Licensees shall cooperate with the board’s investigations by:
(1) Providing accurate factual information;
(2) Responding to the board’s requests in a
timely fashion; and
(3) Assisting in any other way requested by the
board.
Source. #10687,
eff 10-7-14; renumbered by #13556 (formerly Gen 408.01)
(see Revision Note #2 at chapter heading for Gen 400)
APPENDIX
Rule |
|
Gen 401.01 |
RSA 541-A:7 |
Gen 402.01 |
RSA 328-F:11,
I(b) |
Gen 402.02 |
RSA 328-F:11,
I(b) |
Gen 402.03 |
RSA 328-F:11,
I(b) |
Gen 402.04 |
RSA 328-F:11,
I(b) |
Gen 402.05 |
RSA 328-F:11,
I(b) |
Gen 402.06 |
RSA 328-F:11,
I(b) |
Gen 402.07 |
RSA 328-F:11,
I(b) |
Gen 403.01 |
RSA 328-F:11, I(d) |
Gen 403.02 |
RSA 328-F:11,
I(f) |
Gen 403.03 |
RSA 328-F:11,
I(f) |
Gen 403.04 |
RSA 328-F:11, I(d) |
Gen 403.05 |
RSA 328-F:11, I9d) |
Gen 403.06 |
RSA 328-F:11, I(d); RSA 326-K:5 |
Gen 403.07 |
RSA 328-F:11,
I(f) |
Gen 403.09 |
RSA 328-F:11,
I(f) |
Gen 404.01 |
RSA 328-F:11, I(h) |
Gen 404.02 |
RSA 328-F:11, I(g) |
Gen 404.03 |
RSA 328-F:11, I(g) |
Gen 404.04 |
RSA 328-F:11, I(g) |
Gen 404.05 |
RSA 328-F:11, I(g) |
Gen 404.06 |
RSA 328-F:27, IV and V |
Gen 405.01 |
RSA 328-F:11 |
Gen 405.02 – Gen 405.17 |
RSA 328-F:11 |
Gen 406.01 |
RSA 328-F:11 |
Gen 406.02 – Gen
406.17 |
RSA 328-F:11 |