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          Document #13556, effective 4-11-23, readopted with amendments, readopted with amendments and renumbered, or repealed various rules in Chapter Gen 400. 

 

          The rules repealed by Document #13556 included the following rules: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 members 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

Specific State Statute the Rule Implements

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