CHAPTER
Hcp 100 DEFINITIONS,
ORGANIZATION AND PUBLIC INFORMATION
PART
Hcp 101 PURPOSE
AND SCOPE
Hcp 101.01 Purpose and Scope. The rules of this title implement the
statutory responsibilities of the
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
PART
Hcp 102 DEFINITIONS
Hcp 102.01 Terms Used. As used in these rules, the following terms
shall have the meanings as set below:
(a) “Audiologist”
means “audiologist” as defined by RSA 137-F:2, I, namely, “any person who
renders or offers to render to the public any service involving the application
of principles, methods, and procedures for the measurement of testing,
identification, appraisal, consultation, counseling, instruction, and research
related to the development and disorders of hearing and vestibular function for
the purpose of diagnosing, designing, and implementing programs for the
amelioration of such disorders and conditions;”
(b) “Audiology”
means “audiology” as defined by RSA 137-F:2, II, namely, “the application of
principles, methods, and procedures related to the development and disorders of
human communication, which disorders shall include any and all conditions whether
of organic or nonorganic origin, that impede the normal processes of human
communication and balance including, but not limited to, disorders of hearing,
vestibular function, and central auditory processing;”
(c) “Board” means “board” as defined by RSA
137-F:2, III, namely, “the board of hearing care providers;”
(d) “Days” means “days” as defined by RSA
137-F:2, X, namely, “Monday through Friday, excluding official holidays;”
(e) “Hearing aid”
means “hearing aid” as defined by RSA 137-F:2, IV; namely, “any wearable
instrument or device designed for or offered for the purpose of or represented
as aiding or compensating for impaired human hearing and any parts or
attachments, including ear molds, but excluding batteries and cords or
accessories thereto, or equipment, devices, and attachments used in conjunction
with services provided by a public utility company;”
(f) “Hearing aid dealer” means “hearing aid
dealer” as defined by RSA 137-F:2, V, namely, “any person engaged in the
testing of human hearing for the purpose of selecting, fitting, or otherwise
dealing in hearing aids.” The term
includes any person who physically modifies a hearing aid/earmold or adjusts a
hearing instrument’s electroacoustic performance but does not include rudimentary
cleaning or basic hearing aid orientation/instruction;
(g)
“License” means the form of permission required, pursuant to RSA
137-F:11, to be obtained from the board before a person can lawfully practice
audiology;
(h)
“Licensee” means a person who has received a license issued by
the board pursuant to RSA 137-F:11 to practice audiology;
(i)
“Licensure” means the process by which a person applies for a
license from the board and the board’s action to grant or deny such license;
(j) “Otolaryngologist” means
“otolaryngologist” as defined by RSA 137-F:2, VI, namely, “a physician licensed
in the state of New Hampshire who specializes in medical problems of the ear,
nose, and throat, and is eligible for qualification by the American Board of
Otolaryngology as an otolaryngologist;”
(k) “Practice of audiology” means “practice
of audiology” as defined by RSA 137-F:2, VII, namely, it “means, but shall not
be limited to:
(a) Screening, identifying, assessing,
interpreting, diagnosing, rehabilitating, and preventing hearing disorders.
(b) Rendering to individuals or groups of
individuals, who are suspected of having hearing disorders, basic and
comprehensive audiological and vestibular site-of-lesion tests, including
otoscopic examinations, electrophysiologic test procedures, and auditory evoked
assessment.
(c) Rendering basic and comprehensive auditory and
vestibular habilitative and rehabilitative services, including aural
rehabilitative assessment and therapy, vestibular rehabilitative assessment and
therapy, and speech and language screening.
(d) Providing basic and comprehensive audiological
and psychoacoustic evaluations for the purpose of determining candidacy for
amplification or assistive alerting/listening devices; providing tinnitus evaluations
and therapy; providing hearing aid fitting and orientation; taking ear
impressions; and providing hearing aid product dispensing, repair, and
modification.
(e) Providing preoperative evaluation and
selection of cochlear implant candidacy and post-implant rehabilitation.
(f) Providing occupational hearing conservation;”
(l)
“Registrant” means a person who has registered with the board
pursuant to RSA 137-F:9 as a hearing aid dealer;
(m) “Rental or selling of hearing aids”
means “rental or selling of hearing aids” as defined by RSA 137- F:2, VIII,
namely, “the selection, adaptation, and sale or rental of hearing aids. Also included is the making of impressions for
ear molds and instruction pertaining to the use of hearing aids;” and
(n)
“Sell” or “sale” means “sell” or “sale” as defined by RSA
137-F:2, IX, namely, “any transfer of title or of the right of use by sale,
conditional sales contract, lease bailments, hire-purchase or any other means,
excluding wholesale transactions of dealers and distributors.”
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
PART
Hcp 103 AGENCY
ORGANIZATION
Hcp 103.01 Composition of the Board. The board consists of 7 members who meet the
eligibility requirements of RSA 137-F:3.
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
Hcp 103.02 Staff. The board obtains staff assistants as
necessary to perform its record-keeping and other statutory functions, and to
oversee the board’s daily operations. The
board’s secretary is responsible for typing, maintaining all records of the
board’s activities and for receiving correspondence, filings and other communications
and documents.
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
Hcp 103.03 Office Hours, Office
Location, Mailing Address and Telephone.
(a) The board’s mailing
address is:
Board of Hearing Care
Providers
Concord, NH 03301
(b) Correspondence, filings and other communications intended for the board
shall be addressed to the board’s secretary at the location stated in Hcp
103.03(a).
(c) The board’s
telephone number is (603) 271-9482.
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
PART
Hcp 104 PUBLIC
INFORMATION
Hcp 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of
official actions taken by the board pursuant to RSA 91-A:3, III. These minutes shall record the members who
participate in each vote and separately record the position of members who
choose to dissent, abstain or concur. Minutes of all board meetings are governmental
records and, unless the board has voted to seal them pursuant to RSA 91-A:3,
III, shall be available for inspection during the board’s ordinary office hours
within 72 hours
of each such meeting.
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
Hcp 104.02 Custodian of Records. The executive secretary shall be the custodian
of the board’s records and shall respond to requests to examine those records
which are subject to public inspection or are otherwise accessible by the
person requesting access.
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
Hcp 104.03 Copies of Records. Any person may request and obtain copies of
board governmental records upon paying a copying fee of $.25 per page of
hardcopy. No fee shall be charged for
electronic copies of existing board electronic records. If records requested contain both disclosable
and confidential information, the board shall redact the confidential information
and only provide the disclosable information.
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
PART
Hcp 105 MEETINGS,
DELIBERATIONS AND DECISIONS
Hcp 105.01 Meetings. The board meets every month, or as needed at
such times and places as the board determines is necessary.
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
Hcp 105.02 Quorum. No action shall be taken by the board if
there is no quorum, which is 4 members of the board.
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
PART Hcp 106 APPOINTMENT OF
COMMITTEES
Hcp 106.01 Subcommittees.
(a) As set forth in
RSA 137-F:4, the board has 2 subcommittees, the hearing aid dealers
subcommittee, and the audiology subcommittee.
(b) The hearing aid dealers subcommittee consists of the 2 non-audiologist
hearing aid dealer members of the board and one of the public members.
(c) The audiology
subcommittee consists of the 2 audiologist board members, the otolaryngologist
board member, and the other public member.
(d) The
subcommittees undertake investigations and make recommendations to the board in
their respective areas of expertise, but cannot take
final action on behalf of the board.
Source. #6934,
eff 1-29-99; ss by #9336, eff 12-3-08
CHAPTER
Hcp 200 PRACTICE
AND PROCEDURE
PART
Hcp 201 PURPOSE,
SCOPE AND DEFINITIONS
Hcp 201.01 Purpose and Scope. The board shall conduct various proceedings
for the purpose of acquiring sufficient information to make fair and reasoned
decisions on matters within its statutory jurisdiction, including decisions on
applications for licensure or registration and complaints filed against
licensees or registrants. These rules
shall be construed to secure the just, efficient and
accurate resolution of all board proceedings.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 201.02 Definitions. Except where the context makes another meaning
manifest, the following words shall have the meanings indicated when used in
this chapter:
(a) “Adjudicative proceeding” means
“adjudicative proceeding” as defined in RSA 541-A:1, I, namely, “the procedures
to be followed in contested cases, as set forth in RSA 541-A:31 through RSA
541-A:36” and Hcp 200.
(b) “Complaint” means a written allegation
of professional misconduct against a licensee or registrant.
(c) “Contested case” means “contested case”
as defined in RSA 541-A:1, IV, namely, “a proceeding in which the rights,
duties, or privileges of a party are required by law to be determined by the
board after notice and an opportunity for hearing.” The term does not include nonadjudicative
investigations or rulemaking.
(d)
“Data” means all information other than argument, including oral
or written descriptions, reports, maps, charts, drawings, photographs, audio or
video recordings, computer programs, or computer printouts.
(e)
“File” means to place a document in the actual possession of the
board.
(f)
“Hearing” means the receipt and consideration by the board of
data or argument, or both, by methods which are appropriate to the nature and
scope of the issues being decided by the board.
(g)
“Hearing counsel” means an individual appointed by the board
under Hcp 206.15(d) or Hcp 210.03 to prosecute or investigate misconduct
allegations in the public interest.
(h)
“Motion” means any request by a party to an existing adjudicative
proceeding for an order or relief relating to that proceeding.
(i)
“Nonadjudicative investigation” means a formal or informal search
by the board for data concerning matters within its jurisdiction, the result of
which is other than a final determination of a person’s rights, duties or
privileges.
(j)
“Order” means a document issued by the board:
(1) Establishing procedures to be followed in an
adjudicative or nonadjudicative proceeding;
(2) Granting or denying a petition or motion;
(3) Requiring a person to do, or to abstain from
doing, some thing; or
(4) Determining a person’s rights to a license or
registration or other privilege established by RSA 137-F or the rules of this
chapter.
(k)
“Petition” means an initial request to the board seeking action
or relief, but does not include a license or registration application, a
complaint against a licensee or registrant, or a motion.
(l)
“Presiding officer” means the board member or other individual to
whom the board has delegated authority to preside over some or all aspects of
an adjudicative or other proceeding.
(m)
“Proposed decision” means an initial or recommended decision made
by a presiding officer pursuant to Hcp 207.04 which is subject to review by the
entire board.
(n) “Rulemaking” means the procedures for formulating agency rules set forth in RSA 541-A:3.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 201.03 Failure to Comply with
Procedural Rules or Orders.
(a) Failure to
comply with the rules of this chapter shall be grounds for:
(1) Refusing to accept or admit a noncompliant
document for filing or refusing to consider a noncompliant oral petition or
motion if such noncompliance prevents the board from properly evaluating the
document or oral petition in question; or
(2) Accepting or admitting, or denying or not
admitting, a noncompliant application, petition, motion, or exhibit on the
condition that conformity with specific procedural requirements be achieved by
a specified date following written notice from the board.
(b) When a
noncompliant pleading or other tendered information is not accepted or admitted
by the board, or when conditions for the acceptance or admission of
noncompliant information are not met, the board shall make a
decision on the pending matter without considering the noncompliant
information, unless the board notifies the parties that it has waived the rule
in accordance with Hcp 201.04.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 201.04 Waiver or Suspension of
Procedural Rules or Orders. The
board, upon its own initiative or upon the motion of any interested person,
shall suspend or waive any procedural requirement or limitation imposed by this
chapter upon reasonable notice to affected persons when the proposed waiver or
suspension appears to be lawful, and would be more likely to promote the fair,
accurate and efficient resolution of issues properly pending before the board
than would adherence to a particular procedural rule or requirement. A motion for waiver or suspension of a
procedural rule or order shall fully set forth the reasons for the requested
relief.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
PART Hcp 202
APPEARANCES BEFORE THE BOARD
Hcp 202.01 Representatives.
(a) A person
appearing before the board shall represent himself or herself or be represented
by a person who:
(1) Is an attorney holding a current and active
(2) Is not a
(b) Appearances by
non-attorneys who represent anyone before the board shall:
(1) Briefly describe the representative’s
professional and character qualifications;
(2) Provide the representative’s daytime address
and telephone number; and
(3) Be signed by both the proposed representative
and the party who would be represented.
(c) Corporations, partnerships and other legal entities which are not natural
persons may be represented by:
(1) An attorney licensed in
(2) An officer, director, or managing partner
with express and unqualified written authority to act on behalf of the entity
concerning the matter in question and has not been convicted of a felony in any
state.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
PART Hcp 203
TIME PERIODS
Hcp 203.01 Computation of Time. Any time period
specified in this chapter shall begin with the day following the act, event, or
default, and shall include the last day of the period, unless it is Saturday,
Sunday, or state legal holiday, in which event the period shall run until the
end of the next day which is not a Saturday, Sunday, or state legal holiday. When the period prescribed or allowed is less
than 7 days, intermediate Saturdays, Sundays, and state legal holidays shall be
excluded from the computation.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 203.02 Change in Allowed Times. Except where a time period is fixed by
statute, the board shall upon motion enlarge or shorten the time provided for
the filing of any document, or advance or postpone the time set for any oral
hearing, prehearing conference, or other activity, upon a finding that the
moving party did not comply with the time period due to accident, mistake, or
misfortune, and the probable injury to the moving party outweighs any detriment
likely to be suffered by any other party.
The board shall enlarge or shorten such time period
on its own motion for reasons of its own convenience and provided that no
participant suffers any detriment.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 203.03 Limitations. A motion to change time shall be filed at
least 3 days before the scheduled date of the event in question.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
PART Hcp 204
FILING AND SERVICE OF DOCUMENTS
Hcp 204.01 Filing Documents with the Board.
(a) A document shall
be considered filed when it is actually received at
the board’s office and is facially in conformity with the board’s rules.
(b) A document which
is facially in violation of the board’s rules shall not be accepted for filing.
Such submissions shall be returned to the sender without prejudice to
subsequent acceptance if the deficiencies are corrected and the document is
refiled within any applicable time period.
(c) All
correspondence, filings or communications intended for the board shall be
addressed to the board’s office in care of its executive secretary.
(d) All petitions,
motions, exhibits, memoranda or other documents filed
in connection with a request for board action shall be filed with an original
and one copy unless the board directs otherwise.
(e) Notwithstanding
(d), above, only a single copy shall be filed of:
(1) Transmittal letters, requests for public
information, or other routine correspondence not directed at formal board action;
(2) License or registration applications; and
(3) Complaints against licensees or registrants.
(f) Failure to
furnish the required number of copies shall result in a tendered document being
returned as unacceptable for filing.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 204.02 Subscription and Veracity of
Documents.
(a) All complaints,
petitions, motions, and replies filed with the board shall be signed and dated
by the proponent of the document or, if the party appears by a representative,
by the representative.
(b) The signature on
a document filed with the board shall constitute a certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge,
information, and belief, there are good grounds to support it; and
(4) The document has not been filed for purposes
of delay or harassment.
(c) A willful
violation of the representations contained in (b), above, shall, to the extent
consistent with justice and the statutes administered by the board, result in
the entry of an order adverse to the party committing the violation.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 204.03 Service of Documents.
(a) Complaints
against licensees or registrants shall be filed with the board without service
upon the licensee/registrant against whom the allegations are made.
(b) Applications
shall be filed with the board without service upon other persons. Petitions for
rulemaking and for declaratory rulings shall be served upon the board.
(c) All objections,
motions, replies, memoranda, exhibits, or other documents filed in connection
with a request for board action shall be served by the proponent upon all
interested parties by:
(1) Depositing a copy of the document in the
United States mail, first class postage prepaid, addressed to the last address
given to the board by the party being served, no later than the day the
document is filed with the board; or
(2) Delivering a copy of the document in hand on
or before the date it is filed with the board.
(d) Notices, orders,
decisions or other documents issued by the board in
connection with requests for board action shall be served by the board upon all
interested parties by either:
(1) Depositing a copy of the document, first
class postage prepaid, in the United States mail, addressed to the last address
given to the board by the party being served; or
(2) Delivering a copy of the document in hand to
the party.
(e) When a party has
appeared by a representative, service shall be upon the representative.
(f) Except for
exhibits distributed at a prehearing conference or hearing, every document
filed with the board, and required to be served upon the parties to an
adjudicative proceeding, shall be accompanied by a certificate of service,
signed by the person making service, attesting to the method and date of
service, and the persons served.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
PART Hcp 205
PLEADINGS, COMPLAINTS AND MOTIONS
Hcp 205.01 Pleadings.
(a) The only
pleadings permitted shall be petitions and replies to petitions. Complaints
against licensees/registrants shall be a particular type of petition and shall
be subject to the additional requirements of Hcp 205.02. Applications for licenses or registrations
shall not be considered pleadings.
(b) Petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner’s
representative, if any;
(3) A concise statement of the facts which the
petitioner believes warrants the relief requested from the board;
(4) The description of the action which the
petitioner wishes the board to take;
(5) A citation to any statutes, rules, orders, or
other authority which the petitioner believes entitles the petitioner to the
relief requested; and
(6) The signature and date required by Hcp
204.02(a).
(c) Replies to
petitions shall contain:
(1) The name and address of the respondent;
(2) The name and address of the representative of
the respondent, if any;
(3) A statement admitting or denying each fact
alleged in the petition pursuant to Hcp 205.01(b)(3);
(4) A statement admitting or denying the
authority identified by the petitioner pursuant to Hcp 205.01(b)(5);
(5) A concise statement of any additional or
different facts which the respondent believes warrants the board acting in the
manner requested by the respondent;
(6) A citation to any statutes, rules, orders or
other authority, not identified in the petition, that the respondent believes
has a bearing upon the subject matter of the petition or response;
(7) A description of the action which the
respondent wishes the board to take; and
(8) The signature and date required by Hcp
204.02(a).
(d) Replies shall be
filed within 10 days from the date of the filing of the petition.
(e) For purposes of
deciding whether to grant or deny a petition, any fact contained in the petition which is not denied in the reply, shall be deemed
admitted by the respondent. A statement
that the respondent lacks sufficient knowledge to admit or deny shall be
treated as a denial.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 205.02 Complaints of Licensee or
Registrant Misconduct.
(a) Any person may
file a complaint alleging misconduct by licensees or registrants in violation
of RSA 137-F:17 or Hcp 501 and such complaint shall be in writing and filed at
the board’s offices as specified in Hcp 103.03(a).
(b) Complainants
shall set forth the following information:
(1) The name and address of the complainant;
(2) The name and, if known, the business address,
of the licensee or registrant against whom the complaint is directed;
(3) The specific facts and circumstances which
are believed to constitute professional misconduct; and
(4) The signature and date required by Hcp
204.02(a).
(c) A complaint
shall be treated as an ex parte request for the initiation of disciplinary
proceedings and the board shall then investigate the complaint pursuant to Hcp
206.01. Pursuant to RSA 137-F:21, II,
the information obtained in the investigation shall be exempt from public
disclosure under RSA 91-A unless it subsequently becomes the subject of a
disciplinary hearing.
(d) A complaint
shall be dismissed to the extent that it:
(1) Fails to state a cause of action; or
(2) Alleges a cause of action which arose more
than 3 years prior to the filing of the complaint.
(e) Unless
previously dismissed pursuant to (d) above, or settled after investigation
pursuant to Hcp 206.02, a complaint shall be granted in whole or in part, by
the board based upon the board’s confidential evaluation of the information available
to it. The substance of a complaint that
has been granted shall be incorporated into a notice of hearing which commences
a disciplinary hearing pursuant to Hcp 207.02(b).
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 205.03 Motions and Objections
Thereto.
(a) Motions and
objections shall be in writing unless the circumstances from which the motion
is made or the nature of the relief requested requires
oral presentation upon short notice.
(b) Motions shall
state clearly and concisely:
(1) The purpose of the motion;
(2) The relief sought by the motion;
(3) The statutes, rules, orders, or other
authority authorizing the relief sought by the motion;
(4) The facts claimed to constitute grounds for
the relief requested by the motion; and
(5) If not made orally, the signature and date
required by Hcp 204.02(a).
(c) Objections to
motions shall state clearly and concisely:
(1) The defense of the party filing the objection;
(2) The action which the party filing the
objection wishes the board to take on the motion;
(3) The statutes, rules, orders, or other
authority relied upon in defense of the motion;
(4) Any facts which are additional to or
different from the facts stated in the motion; and
(5) If not made orally, the signature and date
required by Hcp 204.02(a).
(d) An objection
shall specifically admit or deny each fact contained in the motion. Failure to deny a fact shall constitute the
admission of that fact for the purposes of the motion. In the event a party
filing an objection lacks sufficient information to either admit or deny a fact
contained in the motion, the party shall so state, specifically identifying
such fact.
(e) Motions shall be
decided upon the writings submitted or, if the board determines that a hearing
will assist in the resolution of factual disputes and will promote the purposes
of these rules, after a hearing at which argument, testimonial evidence, or
both, may be presented.
(f) Objections to
motions shall be filed with the board within 20 days of the filing of a
motion. Failure to object to a motion
within the time allowed shall constitute a waiver of objection to the motion.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
PART Hcp 206 MISCONDUCT INVESTIGATIONS
Hcp
206.01 Approval
by the New Hampshire Department of Justice. Notwithstanding any other provision of this
chapter, all subpoenas, investigations, appointments of legal counsel, experts,
investigators, and other such investigatory provisions shall be approved by the
State of New Hampshire department of justice, pursuant to RSA 137-F:21, I.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08 (formerly Hcp 210.04); ss
by #12111, eff 2-21-17
Hcp
206.02 Misconduct
Investigations.
(a) The board shall conduct misconduct
investigations through a board-retained investigator to examine acts of
possible misconduct which come to its attention through complaints or other
means. The type, form, and extent of an
investigation shall be determined by the investigator so appointed based upon
the severity of the alleged misconduct, the availability of witnesses and
information pertaining to the alleged misconduct, and the resources available
to the board.
(b) Within 10 days of the commencement of an
investigation under this part, the investigator shall notify the licensee or
registrant who is the subject of the investigation of the nature of the
misconduct alleged. Within 20 days of
such notification, the licensee or registrant shall, pursuant to RSA 137-F:21,
IX, provide to the investigator a detailed and good faith written response to
each such allegation of misconduct. The
response shall address each allegation of misconduct by admitting or contesting
each of the material facts alleged.
(c) When a misconduct investigation occurs, the
investigator retained by the board shall contact such persons and examine such
records and other documents as are reasonably necessary to make a
recommendation as to whether further board action should be taken on the
allegations in question.
(d) Investigations, including those based upon
allegations in a complaint, shall be conducted on an ex parte basis.
(e) The investigator shall make a written report
of misconduct investigations which includes an assessment as to whether,
pursuant to RSA 137-F:21, VIII, any part of the complaint fails to state a
cause of action.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss
by #12111, eff 2-21-17 (from Hcp
206.01)
Hcp
206.03 Post-Investigation
Settlements.
(a) At any point during the investigation, the
licensee or registrant may propose a settlement agreement which shall set forth
all material facts involved in the allegations proposed to be resolved. Such proposed settlement agreement shall then
be brought to the full board for its review.
(b) Upon receiving the proposed settlement
agreement, the board shall consider whether to approve it. Proposed settlement agreements shall be
entertained until a notice of hearing is issued. Thereafter, negotiated resolution shall be
accomplished by means of a consent decree.
(c) Settlements under (a) above, shall not be
granted if:
(1)
The complainant has not been provided notice and an opportunity to
submit written comments concerning the proposal in question;
(2)
The board believes that material facts remain in dispute; or
(3)
Facts in dispute are such that the board might impose a materially
different sanction if additional relevant facts were known.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss
by #12111, eff 2-21-17 (from Hcp 206.02)
Hcp
206.04 Access
to Information Obtained in Misconduct Investigations.
(a) Board investigations and all information
obtained by the board as part of a misconduct investigation shall be exempt
from public disclosure requirements of RSA 91-A pursuant to RSA 137-F:21, II,
unless such information subsequently becomes the subject of a public
disciplinary hearing.
(b) Notwithstanding (a) above, and pursuant to
RSA 137-F:21, II, reports and information obtained in a misconduct
investigation shall be made available under the following circumstances and to
the following persons:
(1) If
it is sought by parties to any adjudicative proceeding resulting therefrom;
(2) If
it is introduced as evidence in a disciplinary hearing; and
(3) If
it is requested by:
a. Law
enforcement agencies;
b.
Certifying agencies of other jurisdictions;
c. Board
investigators or prosecutors;
d.
Expert witnesses or assistants retained by board prosecutors or
investigators in the same or related disciplinary matters; or
e. A
licensee or registrant, complainant, or other witness, when such disclosure
would assist the board in investigating that allegation.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss
by #12111, eff 2-21-17 (from Hcp
206.03)
Hcp
206.05 Procedure
for Surrendering A License or Registration.
An audiologist or hearing aid dealer may surrender a license or
registration at any time in response to an investigation by returning the
document to the board and providing a signed statement indicating such intent.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12111, eff 2-21-17 (from Hcp 206.04)
Hcp
206.06 Effect
of Voluntary License or Registration Surrender.
(a) Neither non-renewal or surrender of an
audiology license or hearing aid registration shall preclude the board from
investigating or completing a disciplinary proceeding based upon the
audiologist’s or hearing aid dealer’s professional conduct while the license or
registration was still in effect.
(b) A licensed audiologist or registered hearing
aid dealer who voluntarily surrenders a license or registration shall retain no
right or privilege in a New Hampshire license or registration unless such a
right or privilege is expressly preserved in the board order or in the
settlement agreement that includes a voluntary surrender. Subject to the
foregoing, a person who subsequently applies for audiology licensure or hearing
aid dealer registration in New Hampshire after a voluntary surrender shall have
the burden of proving compliance with all of the
requirements then in effect for new applicants, including national examination
and professional character requirements.
(c) Surrender of a license or registration
pursuant to a voluntary surrender order or pursuant to a settlement agreement
shall not preclude the board from investigating disciplinary proceedings not
expressly referenced in such order or settlement agreement.
Source. #12111, eff 2-21-17 (from Hcp 206.05)
PART Hcp 207
ADJUDICATIVE PROCEEDINGS
Hcp 207.01 Applicability. This part shall govern all proceedings conducted
by the board except rulemaking and nonadjudicative investigations.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 206.01)
Hcp 207.02 Commencement of Proceedings.
(a) The board shall
commence an adjudicative proceeding by issuing a notice to the parties at least
15 days before the first scheduled hearing date or first prehearing conference.
(b) The notice
commencing an adjudicative proceeding shall:
(1) Identify the parties to the proceeding as of
the date of the order and specify a deadline for the submission of petitions to
intervene;
(2) Briefly summarize the subject matter of the
proceeding, and identify the issues to be resolved;
(3) Specify the legal authority for the proposed
action, and identify any applicable board rules;
(4) Specify the date by which, and the address where, appearances or motions by representatives shall be
filed;
(5) Specify the date, time, and location of an
initial prehearing conference or dates for an oral hearing;
(6) Identify the presiding officer for the
proceeding, if other than the chairman of the board;
(7) Identify any special procedures to be followed;
(8) Identify any confidentiality requirements
applicable to the proceeding;
(9) Indicate that each party has the right to
have an attorney present to represent the party at his or her expense;
(10) Indicate that each party has the right to
have the board provide, at the party’s expense, a certified shorthand court
reporter provided that any such request is made at least 10 days prior to the
proceeding; and
(11) Contain such other information or attachments
as is warranted by the circumstances of the case, including, but not limited
to, orders consolidating or severing issues in the proceeding with other
proceedings, and orders directing the production or exchange of documents.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 206.02)
Hcp 207.03 Docketing, Service of Notice,
Public Notice.
(a) The board shall assign
each adjudicative proceeding a docket number, and
serve the hearing notice upon all parties to the proceeding and the board’s
legal counsel in the civil bureau, department of justice. The hearing notice shall be served upon the
respondent, and the complainant, if any, by means of certified mail.
(b) Service of all
subsequent orders, decisions and notices issued by the board, including any
amendments to the hearing notice, shall be served upon the parties, including
any intervenors, by regular mail.
(c) Orders, notices,
and decisions of the board, and motions, memoranda, exhibits, and other
documents and data submitted to the board in a docketed case shall be kept in a
docket file and made available for public inspection in the board’s office except
to the extent that confidentiality has been otherwise provided for by law.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 206.03)
Hcp 207.04 Intervention.
(a) Petitions for
intervention shall state with particularity:
(1) The petitioner’s interest in the subject
matter of the hearing;
(2) Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired; and
(3) Any other reasons why the petitioner should
be permitted to intervene.
(b) A complainant
may petition to intervene in any hearing held by the board that addresses the
substance of the complaint that the complainant filed. However, unless the complainant’s petition
for intervention is granted or the complainant is called as a witness in the
proceeding, the complainant shall have no role in the proceeding.
(c) Petitions for
intervention shall be granted if the petitioner has a substantial interest in
the proceeding, and if granting intervention will not prejudice a party or
unduly delay the board’s proceeding.
(d) Once granted
leave to intervene, an intervenor shall take the proceeding as he or she finds
it and no portion of the proceeding shall be repeated because of the fact of
intervention. From the time of the
granting of a petition to intervene, the intervenor shall be treated as a party
and no distinction shall be maintained.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 206.04)
Hcp 207.05 Right to Counsel. Parties and witnesses in adjudicative
proceedings shall have the right to be represented by legal counsel, but an
attorney appearing on behalf of a party shall first file with the board a
letter announcing his or her representation. Requests for appointment of
counsel shall not be entertained, and the board shall have no responsibility
for the legal expenses of any licensee, registrant, applicant, intervenor or witness.
Source. #9337, eff 12-3-08 (formerly Hcp 206.05)
Hcp 207.06 Prehearing and Other Informal
Conferences.
(a) At any time
following the commencement of an adjudicative proceeding, the presiding
officer, upon motion, or upon his or her own initiative, shall direct the
parties to attend one or more prehearing conference when such a conference
would aid in the disposition of the proceeding.
(b) Matters which
can be addressed at a prehearing conference shall include:
(1) The distribution of exhibits and written
testimony, if any, to the parties;
(2) Opportunities and procedures for
simplification of the issues;
(3) Possible amendments to the pleadings;
(4) Opportunities and procedures for settlement;
(5) Possible admissions of fact and
authentication of documents to avoid unnecessary proof;
(6) Possible limitations on the number of
witnesses, and possible limitations on the scheduling of witnesses;
(7) Possible changes to the standard procedures
which would otherwise govern the proceeding; and
(8) Other matters which might contribute to the
orderly, prompt and fair resolution of the proceeding.
(c) The board shall
cause prehearing conferences to be recorded. Matters decided at a prehearing
conference shall be reflected in an appropriate order.
Source. #9337, eff 12-3-08 (formerly Hcp 206.06)
Hcp 207.07 Discovery and Disclosure.
(a) The board shall
provide for the disclosure to the parties of any investigative report or other
unprivileged information in the possession of the board that is reasonably
related to the subject matter of the proceeding.
(b) Parties shall
attempt to agree among themselves concerning the mutual exchange of relevant
information. If these efforts prove
unsuccessful, a party wishing to initiate discovery against another party,
shall, by motion, seek leave to do so and shall identify the exact type of
discovery requested.
(c) Discovery shall
be permitted against a party when:
(1) The parties cannot adequately address
specific relevant factual issues at the time fixed for the presentation of
evidence, and addressing these issues at a subsequent time would place the
requesting party at a material disadvantage;
(2) The requested method of discovery is
reasonable, and the requested discovery would not cause material unfairness or
unreasonable expense to any party; and
(3) The requesting party has acted diligently and the requested discovery would not
unreasonably delay the proceeding.
Source. #9337, eff 12-3-08 (formerly Hcp 206.07)
Hcp 207.08 Subpoenas.
(a) Subpoenas for
the attendance of witnesses or the production of evidence in investigations or
adjudicative proceedings shall be issued upon the order of the board after
approval by the department of justice pursuant to RSA 137-F:21, I.
(b) Motions to quash
or modify a subpoena shall be entertained from the person to whom the subpoena
is directed, if filed within 7 days after service of the subpoena, or one day
before the date specified in the subpoena for compliance therewith, whichever
is later. Such motions shall be denied
for the same reasons that they are denied in the superior court. If the board denies the motion to quash or
modify, in whole or in part, the person to whom the subpoena is directed shall
comply with the subpoena, or any modification thereof, within the balance of
time prescribed in the subpoena or within 3 days from the date of the board’s
order, whichever is later, unless the board expressly provides additional time
to comply.
(c) A subpoena shall
be served in any manner authorized by law. The date, time, and method of
service shall be written on the reverse of the original copy of the subpoena by
the person making service who shall then file that copy with the board.
(d) Should a person
fail to comply with a subpoena issued pursuant to this section, the board shall
take one or more of the following actions calculated to best encourage
compliance or mitigate the harm caused by such non-compliance:
(1) Impose sanctions specific to any pending
proceeding or investigation, including, but not limited to, entry of a default
judgment as to some or all of the pending issues which is adverse
to the noncompliant party;
(2) Institute a separate investigation against
any noncompliant individual who is subject to the board’s jurisdiction; or
(3) Continue with the proceeding and defer all,
or part, of the subpoena enforcement issues.
Source. #9337, eff 12-3-08 (formerly Hcp 206.08)
Hcp 207.09 Evidence.
(a) The evidentiary
privileges recognized by law in
(b) All data which
will reasonably assist the board in arriving at the truth shall be admissible,
but data which is irrelevant, immaterial, or unduly
repetitious shall be excluded.
(c) Oral testimony
shall be presented unless the board, upon a finding that written evidence would
be more efficient and would not result in material prejudice, orders that some
or all of the evidence be submitted in written form.
(d) If the board
officially notices a fact, it shall so state, and permit any party, upon timely
request, the opportunity to show the contrary.
(e) Witnesses
appearing before the board shall testify under oath or affirmation administered
by the presiding officer.
(f) Unless a timely
request that the board provide a certified shorthand court reporter has been
granted, the board shall cause an electronic or stenographic record to be made
of hearings and prehearing conferences. This
record shall be transcribed upon the request of a party who pays the estimated
cost of transcription in advance.
However, if the board elects to transcribe some or all
of the record for its own use, the transcribed portions shall be
included in the public docket file.
Source. #9337, eff 12-3-08 (formerly Hcp 206.09)
Hcp 207.10 Burden of Proof.
(a) The party
asserting the affirmative of a proposition shall have the burden of proving the
truth of that proposition by a preponderance of the evidence.
(b) Without limiting
the generality of paragraph (a), above, all moving parties and all petitioners
shall have the burden of persuading the board that their motion or petition
should be granted.
Source. #9337, eff 12-3-08 (formerly Hcp 206.10)
Hcp 207.11 Methods of Proceeding. Unless all parties agree to a modification of
the process, the board shall hold a trial-type of evidentiary hearing with an
opportunity for the subsequent submission of memoranda. Each party shall have the opportunity to call
its own witnesses and to cross-examine other witnesses who testify at the
evidentiary hearing.
Source. #9337, eff 12-3-08 (formerly Hcp 206.11)
Hcp 207.12 Inquiry By Presiding Officer or
Board Members. The presiding officer
shall make such inquiry of witnesses as the presiding officer believes
necessary to develop a sound record for decision. Other board members participating in the
proceeding shall also ask such questions and make such inquiries as each such
board member deems necessary, subject to recognition by the presiding officer.
Source. #9337, eff 12-3-08 (formerly Hcp 206.12)
Hcp 207.13 Proposed Findings of Fact and
Conclusions of Law. The presiding
officer shall direct the parties to submit proposed findings of fact or
conclusions of law if the presiding officer believes proposed findings or
conclusions would be helpful to the board in deciding the case. If such an order is issued, individual rulings
upon such proposed findings or conclusions shall be included as part of any
proposed or final decision required to be issued in the proceeding.
Source. #9337, eff 12-3-08 (formerly Hcp 206.13)
Hcp 207.14 Decisions and Orders.
(a)
The board shall issue a decision and order based on:
(1) A hearing attended by a quorum of the board;
or
(2) A written proposed consent decree.
(b)
The decision and order shall be in writing and dated.
(c)
A board member shall not participate in rendering a decision if he or
she has not personally heard all of the testimony in
the case, unless the disposition does not depend on the credibility of any
witness and the record provides a reasonable basis for evaluating all testimony
and other evidence.
(d)
If the presiding officer has been delegated the authority to draft a
proposed decision and order, the presiding officer shall submit to the board a
written proposed decision and order containing:
(1) The disposition proposed by the presiding officer;
(2) A statement of the reasons for the proposed disposition;
(3) Findings of fact and rulings of law necessary
to the proposed disposition; and
(4) Any order necessary to effectuate the
disposition.
(e)
If a proposed disposition submitted pursuant to paragraph (d) is adverse to any party, the board shall:
(1) Serve a copy of it on each party; and
(2) Provide an opportunity to file objections and
present briefs and oral arguments to the board.
(f) The board shall keep a final decision in its
records for at least 5 years following their dates of issuance, unless the
director of the division of records management and archives of the department
of state sets a different retention period pursuant to rules adopted under RSA
5:40.
Source. #9337, eff 12-3-08
Hcp 207.15 Ex Parte Communications. Once an adjudicative proceeding has been
commenced, no party shall communicate with any person assigned to render a
decision or to make findings of fact and conclusions of law in a contested case
concerning the merits of the case except upon notice to all parties and
in accordance with the rules of this chapter.
Additionally, no party shall cause any other person to make such
communications or otherwise engage in conduct prohibited by RSA 541-A:36.
Source. #9337, eff 12-3-08 (formerly Hcp 206.14)
Hcp 207.16 Disciplinary Hearings.
(a) Adjudication of
misconduct allegations shall be conducted in accordance with this part, as
supplemented by the hearing order and possible prehearing and other appropriate
procedural orders served upon the parties, which shall establish the particular scheduling and filing requirements applicable to
each case.
(b) A hearing notice
shall be subject to substantive amendment by the board at any time prior to the
issuance of a final order provided that the parties receive at least 15 days
notice and an opportunity to be heard on any new or materially different
misconduct allegations to be decided in a particular disciplinary proceeding.
(c) When the board
receives information indicating that a licensee or registrant has engaged in or
is likely to engage in professional conduct which poses an immediate danger to
public health, safety or welfare, the board shall issue an order pursuant to
RSA 541-A:30, III which sets forth the alleged misconduct and immediately
suspends the license or registration for up to 10 working days pending
completion of an adjudicative proceeding on the specified issues.
(d) Immediate
suspension orders under Hcp 207.16(c) shall be accompanied by a notice that
complies with Hcp 207.02(b). The board
shall, unless expressly waived by the licensee or registrant, hold a hearing
within 10 working days of such order or the suspension shall be vacated.
(e) No hearing date
established in a proceeding conducted under Hcp 207.16(c) shall be postponed at
the request of the licensee or registrant unless the licensee or registrant
also agrees to continue the suspension period pending issuance of the board’s
final decision.
(f) Prehearing
conferences in disciplinary proceedings shall be public except to the extent
that settlement discussions or other matters entitled to confidentiality are
addressed.
Source. #9337, eff 12-3-08 (formerly Hcp 206.15)
Hcp 207.17 Continuances.
(a)
Any party in a hearing may make an oral or written motion that a hearing
be postponed to a later date or time.
(b)
If a continuance is requested by a party, it shall be granted if the
presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability
of any party, witness or attorney or other
representative necessary to conduct the hearing, the likelihood that a hearing
will not be necessary because the parties have reached a settlement or any
other circumstances that demonstrate that a continuance would assist resolving
the case fairly.
(c)
If the later date, time and place are known at
the time of the hearing that is being postponed, the date, time and place shall
be stated on the record. If the later
date, time and place are not known at the time of the
hearing that is being postponed, the presiding officer shall issue a written
scheduling order stating the date, time and place of the postponed hearing as
soon as practicable.
Source. #9337,
eff 12-3-08
PART Hcp 208
PRESIDING OFFICER
Hcp 208.01 Designation.
(a) Adjudicative
proceedings commenced by the board shall be conducted by a presiding officer.
(b) The board
chairman shall serve as presiding officer unless he or she designates another
board member to so serve or is otherwise not available to act as presiding
officer, in which case the board shall select any other person who is available
to act as presiding officer.
(c) The presiding
officer in an adjudicative proceeding shall be subject to replacement in the event that a majority of the board members present so
vote in the interest of justice or in the event of the illness or
unavailability of the board chairman.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 207.01)
Hcp 208.02 Authority of Presiding
Officer.
(a) The presiding
officer shall possess all authority with respect to the procedural aspects of
adjudicative proceedings which could be exercised by the board itself,
including, but not limited to, the power to administer oaths and affirmations,
direct the course of the proceeding, and decide scheduling, discovery, and
other procedural issues.
(b) Except as
provided by Hcp 208.05, the presiding officer shall receive no testimony or
oral argument on the merits of the case unless a majority of the board members
hearing the case is present.
(c) Except in
proceedings conducted pursuant to Hcp 208.05, and consistent with the fair and
orderly conduct of the proceeding, the presiding officer shall permit board
members who are hearing the case and are present during an adjudicative
proceeding to make inquiries of witnesses pursuant to Hcp 207.12.
(d) The presiding
officer shall attempt to assist the parties in resolving the issues of the
hearing through reaching a proposed consent decree. When a proposed consent decree has been agreed
to by the parties, the presiding officer shall refer it to the board for decision, but shall not stay the proceeding merely because
the board is deliberating on the proposed settlement decree.
(e) The presiding
officer shall not decide motions or enter orders which finally resolve any
specific issue or issues which the board has designated for hearing. Potentially dispositive motions shall be referred
to the board if the presiding officer believes that they have sufficient merit
to warrant prompt consideration. Otherwise, the presiding officer shall defer
any ruling on dispositive motions until the close of the record and the
issuance of the recommended decision.
(f) If the presiding
officer believes a default or similar final order should enter against a party,
the presiding officer shall issue a written recommendation to the board, with
service on the parties, and the board shall take appropriate action after allowing
the parties 10 days to file objections thereto.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 207.02)
Hcp 208.03 Withdrawal of Presiding
Officer.
(a)
Upon his or her own initiative or upon the motion of any party, the
presiding officer shall withdraw from any adjudicative proceeding for good
cause.
(b)
Good cause shall exist if the presiding officer:
(1) Has a direct interest in the outcome of the
matter, including but not limited to, a financial or family relationship with any
participant in the hearing;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes
that he or she cannot fairly judge the facts of the case.
(c) Mere knowledge
of the issues or acquaintance with any participant in the hearing shall not
constitute good cause for withdrawal.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337,
eff 12-3-08
Hcp 208.04 Exceptions to Interlocutory
Rulings by the Presiding Officer.
(a) The board shall
not entertain interlocutory appeals of procedural or discovery orders made by
the presiding officer. Contemporaneous
exceptions to such rulings shall be unnecessary to preserve the objections of
any party adversely affected.
(b) Objections to
adverse rulings by a presiding officer shall be brought to the attention of the
board by including such objections in any exceptions taken to a proposed
decision under Hcp 208.05. When a
proposed decision is not issued, such objections shall be presented to the
board as a motion or as part of a closing memorandum submitted within 10 days
from the close of the hearing.
Source. #9337, eff 12-3-08 (formerly Hcp 207.03)
Hcp 208.05 Proposed Decisions by the
Presiding Officer.
(a) The evidence
shall be received by the board and the presiding officer shall be charged with
preparing a written proposed decision with recommendations for the final
disposition of the case and any pending motions. Such proposed decisions shall
be served upon the parties and board members.
(b) Exceptions and
supporting memoranda of law directed to the full board shall be filed within 30
days from the date the proposed decision was served. Replies to exceptions and reply
memoranda shall be filed within 15 days from the date of the document being
replied to.
(c) If a party
wishes to present oral argument to the board, the party shall file a separate
motion for oral argument within the time allowed for filing exceptions or replies
to exceptions.
(d) If no exceptions
are filed to a proposed decision, the board shall, within l0 days following the
deadline for filing exceptions, issue an order announcing that the initial
decision shall be reviewed by the board on its own motion if any board member
participating in the decision has concerns regarding questions of fact or
conclusions of law, or issue an order stating that the proposed decision shall
automatically become the board’s final decision on the 4lst day following the
date it was served upon the parties.
(e) When the board
has directed a presiding officer to receive evidence and enter a proposed
decision, there shall be no communications between the presiding officer and
the board members concerning the merits of the case, and the board members
shall not participate in the questioning of witnesses at the hearing, as would
otherwise be permitted by Hcp 207.12.
Source. #9337, eff 12-3-08 (formerly Hcp 207.04)
PART Hcp 209
RECONSIDERATION AND STAY
Hcp 209.01 Motion for Reconsideration or
Rehearing.
(a) Final
adjudicative orders of the board shall take effect on the date they are served
upon the parties pursuant to Hcp 204.03(c) unless such order specifies another
date, in which case, the order shall take effect as specified therein.
(b) Motions for
reconsideration or rehearing shall be filed within 30 days after service of a
final adjudicative order. The board shall make no distinction between the terms “reconsideration” and “rehearing.”
(c) A motion for
reconsideration shall:
(1) Include any memorandum of law the moving
party wishes to submit;
(2) Identify each error of fact, error of
reasoning, or erroneous conclusion of law contained in the final order which
the moving party wishes reconsidered; and
(3) Concisely state the correct factual finding,
correct reasoning, and correct conclusion of law urged by the moving party.
(d) The board shall
grant or deny the motion, or any part thereof, on its merits to the extent the
motion has revealed material errors of fact, reasoning, or law in the board’s
prior decision. The board shall also
treat the motion as one for reopening and order the receipt of such additional
data or additional argument as it considers necessary to evaluate any newly
discovered evidence or to cure any alleged procedural errors.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 208.01)
Hcp 209.02 Reconsideration on the
Board’s Own Motion. Within the time
frame specified in Hcp 209.01(b), the board shall correct, reconsider, revise
or reverse any final action on its own motion if the board determines that such
final action was incorrect. If the
board’s action is based upon the existing record, prior notice shall not be
given to the parties. If further argument or data are necessary before making
such an order, the board shall provide the parties with notice and an
opportunity to be heard before any final revision is made in the board’s
previous action.
Source. #9337, eff 12-3-08 (formerly Hcp 208.02)
Hcp 209.03 Stay of Board Orders.
(a) Board actions
shall be stayed only in response to a specific motion requesting a stay or by
the board acting on its own motion.
(b) A motion for
stay shall be considered only if it is filed within the time period for requesting
reconsideration specified by Hcp 209.01(b), and shall
demonstrate good cause sufficient to warrant the stay of an action by the
(c) Filing a motion
for reconsideration shall not stay a board order. However, a motion for stay may be combined
with a motion for reconsideration.
Source. #9337, eff 12-3-08 (formerly Hcp 208.03)
PART Hcp 210
CONSOLIDATION AND SEVERANCE
Hcp 210.01 Consolidation. Adjudicative proceedings which involve the
same, or substantially related issues, shall be consolidated for hearing or
decision, or both, when fairness, accuracy and efficiency would be served by
such an action. Consolidation shall be
ordered in response to a timely motion from a party or on the board’s own
initiative.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 209.01)
Hcp 210.02 Severance. Whenever it shall appear to the board, upon
motion or its own initiative, that injury to the substantial rights of a party
or undue delay may be thereby avoided, the board shall, as fairness and
efficiency permit, sever one or more issues from a proceeding, and dispose of
those issues in another proceeding.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 209.02)
PART Hcp 211 NONADJUDICATIVE INVESTIGATIONS AND
INFORMATIONAL HEARINGS
Hcp
211.01 Informal
Investigations.
(a) Notwithstanding any other provision of this
chapter, the board, within the limits of its authority, and acting through its
members, officers and employees, or through
independent contractors, shall make inquiry of any person and otherwise gather
data and prepare reports describing the data obtained whenever:
(1) It
receives data which leads it to believe that a material violation of any
statute administered by the board, or of any rule of the board, has occurred,
or is likely to occur; or
(2) It
desires to obtain data for any other lawful purpose;
(b) Informal investigations shall include all techniques
and methods for gathering information which are appropriate to the
circumstances of the case, including:
(1)
Requests for additional information from the complainant;
(2)
Requests for a release of relevant records belonging to or under the control
of the complainant; and
(3)
Face to face meetings with potential witnesses and interested persons.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08 (formerly Hcp 210.01); ss
by #12111, eff 2-21-17
Hcp
211.02 Formal
Investigations.
(a) Formal investigations shall be commenced for
the purpose of obtaining documents, recording testimony, and otherwise
gathering information relevant to matters within the board’s jurisdiction when
the board believes this technique would be more effective than an informal
investigation.
(b) Formal investigations shall be commenced by
the issuance of an order of investigation containing:
(1)
The statutory or regulatory authority for the investigation;
(2)
Any statutes or rules believed to have been, or about to be, violated,
or the possible regulatory action being contemplated by the board;
(3)
The identity of the persons, or class of persons, which are the subject
of the investigation;
(4)
The general nature of the conduct being investigated;
(5)
The identity of the investigating officer or committee;
(6) The
date upon which the investigating officer shall report his or her findings and recommendations
to the board; and
(7)
Other provisions relevant to the issues under investigation and the
time, place and manner in which the investigation is
to be conducted.
(c) The issuance of an order of investigation
shall not commence a disciplinary hearing and shall not constitute an
allegation of misconduct against a license or registration holder.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08 (formerly Hcp 210.02); ss
by #12111, eff 2-21-17
Hcp
211.03 Investigators. The board shall appoint a member of its
staff, an investigator retained through the office of professional licensure
and certification, an attorney, or a member of the board to conduct a formal or
informal investigation.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08 (formerly Hcp 210.03); ss
by #12111, eff 2-21-17
Hcp
211.04 Informational
Hearings.
(a) The board shall conduct informational hearings
to assist it in gathering information concerning policy matters, such as the
proposing of board rules.
(b) The board chair, acting chair, or another
board member designated by the chair shall serve as the presiding officer at
informational hearings and shall conduct all facets of the proceeding.
(c) Sworn testimony shall not be received at
informational hearings unless an order of investigation has been issued by the
board.
(d) The board shall establish the order and the
length of the presentations made in informational hearings.
Source. #9338, eff 12-3-08 (formerly Hcp 210.05); ss
by #12111, eff 2-21-17
PART Hcp 212
RULEMAKING
Hcp 212.01 How Adopted. A board rule, or any amendment or repeal
thereof, shall be adopted by order after following the process provided by RSA
541-A: 3 for 8-year rules, RSA 541-A:18 for emergency rules, and RSA 541-A18
for interim rules. Rules shall be
proposed pursuant to a petition or on the board’s own initiative.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 211.01)
Hcp 212.02 Petition for Rulemaking. A request for the commencement of a
proceeding to adopt, amend or repeal a rule shall be submitted in the form of a
petition which contains the following information:
(a) A statement of
the reason for the petitioner’s interest in the subject matter of the proposed rule;
(b) The text of the
proposed rule or a statement of the particular results intended by the
petitioner to flow from the implementation of the proposed rule;
(c) If the
petitioner proposes to amend or repeal an existing rule, an identification of
the particular rule sought to be amended or repealed;
and
(d) Any data or
argument the petitioner believes would be useful to the board in deciding
whether to commence a rulemaking proceeding.
Source. #9337, eff 12-3-08 (formerly Hcp 211.02)
Hcp 212.03 Disposition of Petition.
(a) The board shall
issue an order granting or denying a petition for rulemaking. If the petition is denied, the board shall
state the reason therefore in the order.
(b) The board shall
deny a petition if:
(1) The preponderance of the data or argument
fails to support the petition;
(2) It conflicts with an existing rule or statute,
including RSA 137-F:1; or
(3) The board determines it lacks the authority
for the rule change.
(c) If the petition
is granted, the board shall undertake to commence a rulemaking proceeding in
accordance with RSA 541-A:3.
Source. #9337, eff 12-3-08 (formerly Hcp 211.03)
Hcp
212.04 Explanation
after Adoption.
(a) Any person may request an explanation
regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a
request to the board within 30 days of the board’s adoption of the rule.
(b) The request shall be considered at the next
scheduled board meeting and the board shall issue an explanation within 45 days
after consideration.
Source. #9338, eff 12-3-08; ss by #12111, eff 2-21-17
PART Hcp 213 WAIVER OF SUBSTANTIVE RULES
Hcp
213.01 Petitions
for Waiver.
(a) Unless granting it would conflict with any
statutory provision, the board shall entertain a petition to waive any rule not
covered by Hcp 201.04 upon the filing of a petition pursuant to Hcp 205.01(b)
which clearly identifies the rule in question and sets forth specific facts and
arguments which support the requested waiver.
The petitioner shall file an original and 2 copies of the petition.
(b) Petitions for waivers of substantive rules
shall address all of the following:
(1) Whether adherence to the rule would, in
the petitioner’s view, cause the petitioner unnecessary or undue personal or
financial hardship and a description of such hardship;
(2)
Whether the requested waiver is necessitated due to neglect or
misfeasance on the part of the petitioner;
(3)
Whether waiver of the rule would be consistent with the statutes and
rules administered by the board;
(4)
Whether other good cause exists for waiving the rule; and
(5)
Whether enforcement of the rule would injure third persons.
(c) If examination of the petition reveals that
other persons would be substantially personally or financially affected by the
proposed relief, the board shall require service of the petition on such
persons and advise them of their right to object to the petition pursuant to
Hcp 205.01(c).
(d) The petitioner shall provide such further
information or participate in such evidentiary or other proceedings as shall be
ordered by the board after reviewing the petition and any replies received.
(e) The board shall initiate a waiver of a
substantive rule upon its own motion by providing affected parties with notice
and an opportunity to be heard, and issuing an order which finds that a waiver
would be consistent with the criteria of (b), above.
(f) The board shall grant the petition for waiver
if the board finds that the circumstances set forth in Hcp 213.01(b)(1), (3)
and (4) are present and further finds that the circumstances set forth in Hcp
213.01(b)(2) and (5) are not present.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08 (formerly Hcp 212.01); ss
by #12111, eff 2-21-17
PART Hcp 214
DECLARATORY RULINGS
Hcp 214.01 Petitions for Declaratory
Rulings.
(a) Petitions for a
declaratory ruling on matters within the jurisdiction of the board shall be
filed as a petition which meets the requirements of Hcp 205.01(b) and also contains the following information:
(1) The exact ruling being requested; and
(2) The complete and material statutory and
factual basis for the ruling, including any supporting affidavits or memoranda
of law.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 213.01)
Hcp 214.02 Action
on Petitions for Declaratory Rulings. The petitioner shall provide such further
information as the board shall direct after reviewing the petition and any
replies received.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9337, eff 12-3-08 (formerly Hcp 213.02)
PART
Hcp 215 RULEMAKING
PUBLIC COMMENT HEARINGS
Hcp 215.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration
by the board relative to rulemaking.
Source. #9337,
eff 12-3-08
Hcp 215.02 Scope.
(a)
These rules shall apply to all hearings required by state law to be
conducted by the department at which public comment shall be solicited, except
that they shall not apply to adjudicative hearings.
(b)
If any requirement set by these rules conflicts with an applicable
statute, such other authority shall control.
Source. #9337,
eff 12-3-08
Hcp 215.03 Notice.
(a)
A public comment hearing concerning rulemaking shall be commenced by
placing notice of the hearing in the “Rulemaking
Register” so that it shall
appear at least 20 days prior to the hearing date.
(b)
Notice for rulemaking public comment hearings shall comply with RSA 541-A:6,
I.
(c)
Nothing in these rules shall prohibit the board from giving greater
notice than the minimums set out in this part.
Source. #9337,
eff 12-3-08
Hcp 215.04 Media Access.
(a)
Public comment hearings shall be open to the print and electronic media.
(b) The moderator
shall place limits on the activities of the media to avoid disruption in the
following ways:
(1)
Limit the number of media representatives
when their presence is disproportionate to the number of citizens present and
shall cause citizens to be excluded;
(2)
Limit the placement of television
cameras to certain locations in the hearing room; and
(3)
Prohibit interviews from being conducted
within the hearing room during the hearing.
Source. #9337,
eff 12-3-08
Hcp 215.05 Moderator.
(a) The hearing shall be presided over by a
moderator who shall be the board chairperson or a designee.
(b) The moderator shall:
(1)
Call the hearing to order;
(2)
Cause a recording of the hearing to be made;
(3)
Place limits on the media to avoid
disruption as set out in Hcp 215.04(b);
(4)
Recognize those who wish to be heard and
establish the order thereof;
(5)
Limit the time for each speaker, as set
out in Hcp 215.06(b);
(6)
Remove or have removed any person who
disrupts the hearing;
(7)
Adjourn the hearing; and
(8)
Provide opportunity for the submission
of written comments.
Source. #9337,
eff 12-3-08
Hcp 215.06 Public Participation.
(a)
Any person who wishes to speak on the issue or issues which are the subject
of the hearing shall place his or her name and address on a speakers' list
before the last speaker on the list has finished speaking. All whose names
appear on the speakers' list, as provided, shall be afforded reasonable time
to speak at the hearing.
Reasonable time shall be determined considering the number of people who
wish to be heard, the time and the availability of the facility.
(b)
The board, through the moderator, shall:
(1)
Refuse to recognize a person who refuses
to give his or her full name and address;
(2)
When a group or organization wishes to
comment, limit the group to no more than 3 spokespersons, provided that the
members who are present shall be allowed to enter their names and addresses
into the record as supporting the position by the group or organization;
(3)
Revoke recognition of a speaker who
speaks or acts in an abusive or disruptive manner; or
(4)
Revoke recognition of a speaker who
refuses to keep his comments relevant to the issue or issues which are the
subject of the hearing.
(c) Written comments
may be submitted any time from the time notice has been published until the
record has been closed by the moderator, which shall not be less than 7
calendar days after the hearing.
(d) In the event
that the number of speakers who wish to give oral testimony relevant to the
issue or issues involved exceed that number which can be heard within a
reasonable period of time subject to facility
availability and length of the hearing, the hearing shall be reconvened pursuant
to applicable provisions in RSA 541-A to afford such persons the opportunity to
be heard. Speakers may elect to submit
written testimony in lieu of additional oral hearing.
Source. #9337,
eff 12-3-08
CHAPTER Hcp 300 INITIAL LICENSURE AND REGISTRATION
PART Hcp 301 INITIAL LICENSURE AS AN AUDIOLOGIST
Hcp 301.01 Audiologist License Application
Process Overview.
(a) Each person seeking licensure as an
audiologist in New Hampshire shall:
(1)
Submit to the board a complete application for licensure required
pursuant to RSA 137-F:13, I(a) and further described in Hcp 301.02;
(2)
Meet the education requirements of RSA 137-F:13, I(c) and further
described in Hcp 301.03;
(3)
Take and pass the examination required pursuant to RSA 137-F:13, I(e)
and further described in Hcp 301.04;
(4)
Meet the character qualifications required pursuant to RSA 137-F:13,
I(g) and further described in Hcp 305.01; and
(5)
Pay the application fee further described in Hcp 306.01.
(b) An
applicant who has met the requirements of (b) above shall:
(1) Be
issued an audiologist license; and
(2) Be
authorized to use the words or titles otherwise prohibited by RSA 137-F:11,
III.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
Hcp
301.02 Application
for Audiologist License. Each
applicant for licensure as an audiologist shall provide the following on or
with an “Application for Audiologist License” form to the board:
(a) The applicant’s name, home address and
telephone number;
(b) The applicant’s date of birth;
(c) A description of the applicant’s education;
(d) A list of any other audiology licenses held
by the applicant in other jurisdictions, including each state in which
licensure is held;
(e) The length of time the applicant has been
practicing as a licensed audiologist;
(f) Whether the applicant has ever been refused
an audiology license by any licensing body, and if so, the name of the board,
the date of denial, and the reasons for denial;
(g) Whether the applicant has ever been convicted
of a felony or misdemeanor that has not been annulled by a court of competent
jurisdiction and, if so, the name of the court, the detail of the offense, the
date of conviction and the sentence imposed;
(h) Documentation that the applicant has met all
of the educational requirements as detailed in the requirements as set forth in
Hcp 301.03;
(i) A certification separately signed by the
applicant indicating that the application is true, correct, and complete to the
best of the applicant’s knowledge and belief;
(j) The applicant’s Social Security number as
required by RSA 161-B:11, VI-a;
(k) The applicant’s signature and date of
signature; and
(l) Payment in the amount specified in Hcp 306.01
in cash, or by check or money order made payable to “Treasurer, State of New
Hampshire.”
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
Hcp
301.03 Audiology
Educational Qualifications. The
educational qualifications for licensure as an audiologist pursuant to RSA
137-F:13, I, shall be as follows:
(a) At least one of the following degrees in the specialized
area of audiology shall be:
(1) A
master’s degree; or
(2) A
doctoral degree;
(b) The degree shall have been received from an
educational institution or organization recognized by any of the following:
(1)
Academy of Dispensing Audiology;
(2)
Audiology Foundation of America;
(3)
American Academy of Audiology; or
(4)
American Speech-Language-Hearing Association;
(c) At least 75 semester credit hours of study
shall be completed, as evidenced by an official transcript, covering:
(1)
The biological and physical sciences and mathematics;
(2)
The behavior and/or social sciences; and
(3)
The nature, prevention, evaluation, and treatment of speech, language,
hearing, and related disorders;
(d) At least 27 of the 75 semester credit hours
shall be in basic science course work; and
(e) At least 36 of the 75 semester credit hours shall
be in professional course work.
Source. #9338, eff 12-3-08;
ss by #12112, eff 2-21-17 (formerly Hcp 302.02)
Hcp
301.04 Audiology
Examination Required.
(a) Each audiologist applicant shall pass a
written national examination in audiology administered by any of the following:
(1)
Education Testing Services of Princeton, New Jersey;
(2)
American Academy of Dispensing Audiology;
(3)
Audiology Foundation of America;
(4)
American Academy of Audiology; or
(5)
American Speech-Language-Hearing Association.
(b) The applicant shall, as part of an
application for licensure, arrange for the submission of proof of passing one
of the required examinations.
(c) The board shall accept the results as
determined and directly reported by the organizations listed in (a) above. Results that are not sent directly by an
organization listed in (a) above shall not be accepted by the board as proof of
passing the examination.
Source. #9338, eff 12-3-08;
ss by #12112, eff 2-21-17 (from Hcp 303.01)
Hcp
301.05 Acceptance
of Applications for Audiologist Licensure.
(a) Each applicant for licensure as an
audiologist shall personally sign the application form and shall neither
arrange for nor allow any other person to sign on the applicant’s behalf.
(b) An application shall not be considered on its
merits until it has been accepted for filing pursuant to (d) below.
(c) The occurrence of any one or more of the
following shall result in non-acceptance of an application:
(1)
The failure of the applicant to sign the application;
(2)
The failure to provide any information or documentation required for a
complete application without an accompanying explanation or request for a
waiver; or
(3)
The failure to attach or enclose payment of the application fee.
(d) An application shall be subject to
non-acceptance pursuant to (c) above for 15 days to permit initial review and
determine whether the application is complete on its face. Unless the
application is denied or the applicant is informed, pursuant to (e) below, of a
specific deficiency within this time period, the
application shall be deemed accepted for filing on the date it was first
received by the board.
(e) The board shall, within the time frame
described in (d) above, notify the applicant in writing of any deficiencies in
the application or of the need for any further information to evaluate the
applicant’s qualifications.
(f) Additional information required pursuant to
(d)-(e) above shall be provided by the applicant within 30 days from the date
of the board’s letter notifying him or her of any application
deficiencies. Failure to provide such
information in a timely fashion shall result in denial of the application.
(g) Applications requiring additional information
pursuant to (d)-(e) above shall be deemed accepted for filing on the date the
requested additional information was received by the board.
Source. #9338, eff 12-3-08;
ss by #12112, eff 2-21-17 (from Hcp 301.03)
Hcp
301.06 Audiologist
Application Approval Procedures.
(a) The board shall, within 30 days from
acceptance for filing:
(1) Issue
an audiology license if the board determines that the applicant has:
a. Submitted
an application free of materially false statements;
b. Met
all applicable procedural requirements set forth in Hcp 301.01; and
c. Met
all applicable qualifications set forth in Hcp 301.02 through Hcp 301.06; or
(2)
Issue to the applicant an order indicating its intent to deny an
audiology license based on the applicant’s failure to:
a.
Submit an application free of materially false statements;
b.
Meet all applicable procedural requirements set forth in Hcp 301.01; or
c.
Meet all applicable qualifications set forth in Hcp 301.02 through Hcp
301.06.
(b) An intent to deny order issued pursuant to
(a)(2) above shall notify the applicant in writing:
(1) Of
each reason for intended denial;
(2)
That the applicant may request a hearing on such intended denial based
upon each reason identified by the board within 30 days of the board’s order of
intended denial; and
(3)
That if a request for a hearing pursuant to (2) above is not timely
requested, the application shall be denied.
Source. #9338, eff
12-3-08; ss by #12112, eff 2-21-17
PART Hcp 302 INTERIM AUDIOLOGY LICENSE
Hcp
302.01 Audiologist
Interim Licensure Qualifications.
(a) An individual may apply for an interim
audiologist license if he or she:
(1)
Meets the character requirements as set forth in Hcp 305.01; and
(2)
Meets the educational requirements of Hcp 301.03 and the clinical
practicum requirements of Hcp 301.04, but has not yet
completed the supervised post-graduate clinical experience required pursuant to
RSA 137-F:13, I(f) and Hcp 301.05.
(b) An applicant for interim licensure shall
submit a complete application required pursuant to Hcp 301.02, including the
application fee as described in Hcp 306.01, as well as a supervised
professional practice plan that complies with Hcp 301.05.
(c) Upon receiving such an application, the board
shall issue an interim license which entitles the applicant to practice
audiology under supervision of a New Hampshire licensed audiologist while
completing requirements for licensure.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (formerly Hcp
302.05)
PART Hcp 303 TEMPORARY AUDIOLOGY LICENSE
Hcp
303.01 Audiologist
Temporary Licensure Qualifications.
(a) The following qualifications shall apply to
each applicant for temporary licensure as an audiologist:
(1)
The applicant shall submit a complete application pursuant to Hcp
301.02, including payment of the application fee pursuant to Hcp 306.01;
(2)
The applicant shall meet the character qualifications of Hcp 305.01;
(3)
The applicant shall meet all of the educational
requirements for permanent licensure as described in Hcp 301.03; and
(4)
The applicant shall possess a current state license and submit a copy of
such license and that state’s licensing regulations.
(b) The board shall notify the applicant of acceptance
or denial within 30 days from acceptance for filing of the application, as
described in Hcp 301.07.
(c) A temporary license shall be granted by the
board for up to 120 days in the event that the board
finds that the applicant has met the requirements of this section.
Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (formerly Hcp 302.06)
PART Hcp 304 INITIAL REGISTRATION AS A HEARING AID DEALER
Hcp
304.01 Hearing
Aid Dealer Registration Application Process Overview.
(a) Each person seeking registration as a hearing
aid dealer in New Hampshire shall:
(1)
Submit to the board a complete application for registration required
pursuant to RSA 137-F:9, I and further described in Hcp 304.02;
(2)
Meet the age and education requirements for hearing aid dealers as
specified in Hcp 304.03;
(3)
Complete the training program as specified in Hcp 304.04;
(4)
Take and pass both the written and practical examinations required for
hearing aid dealers pursuant to Hcp 304.05;
(5)
Meet the character qualifications as described in Hcp 305.01; and
(6)
Pay the application fee described in Hcp 306.01.
(b) A hearing aid dealer applicant who has met
the requirements of (b) above shall:
(1) Be
issued a hearing aid dealer registration; and
(2) Be
authorized to use hold himself or herself out to the public as a hearing aid
dealer.
Source. #12112, eff 2-21-17 (from Hcp 301.04)
Hcp
304.02 Application
for Initial Registration as Hearing Aid Dealer.
(a) Each applicant for registration as a hearing
aid dealer shall provide the following on or with an “Application for Hearing
Aid Dealer Registration” form to the board:
(1)
The applicant’s name, home address, and telephone number;
(2)
The applicant’s date of birth;
(3)
The name and the business address of the applicant, as follows:
a. If
an individual, the name under which the person intends to conduct business;
b. If
a partnership, the name and business address of each
member thereof, and the name under which the business is to be conducted; and
c. If
a corporation, the name of the corporation and the name and business address of
each of the officers of the corporation;
(4)
The place or places, including the complete address or addresses, where
the business is to be conducted;
(5) A
description of the applicant’s education;
(6) A
list of the applicant’s hearing aid dealer licenses held, including each state
in which licensure is held;
(7)
The length of time the applicant has been practicing as a hearing aid dealer;
(8)
Whether the applicant has ever been refused a license as a hearing aid
dealer by any licensing body, and if so, the name of the body, the date of
denial, and the reasons for denial;
(9)
Whether the applicant has ever been convicted of a felony or misdemeanor
that has not been annulled by a court of competent jurisdiction and, if so, the
name of the court, the detail of the offense, the date of conviction and the
sentence imposed;
(10)
Documentation that the applicant has met all of the educational
requirements as detailed in the requirements as set forth in Hcp 304.03;
(11) A
description of the training program required by Hcp 304.04, including the
beginning and ending dates;
(12) A
certification separately signed by the applicant indicating that the application
is true, correct, and complete to the best of the applicant’s knowledge and belief;
(13)
The applicant’s Social Security number as required by RSA 161-B:11, VI-a;
(14)
The applicant’s signature and date of signature; and
(15)
Payment of the application fee in the amount specified in Hcp 306.01
which, if by check, shall be made payable to “Treasurer, State of New
Hampshire.”
(b) The applicant shall also:
(1)
Arrange to have a certified copy of the National Institute for Hearing
Instrument Studies (IHS) International Licensing Examination results sent
directly to the board; and
(2)
Provide documentation that the applicant has passed the New Hampshire
written and practical examinations as set forth in Hcp 304.04.
(c) If
an applicant is unable to provide the documentation of passing either or both
examinations referred to in (b) above, the applicant shall so state on the
application and agree to sit for each missing examination at the earliest
offering of such examination.
Source. #12112, eff 2-21-17
Hcp
304.03 Age
and Education Requirements for Initial Registration as Hearing Aid Dealer.
(a) Applicants for initial registration as a
hearing aid dealer shall have attained the age of 18 by the date of the
application and be of good professional character as described in Hcp 305.01.
(b) Applicants for initial registration as a
hearing aid dealer shall have:
(1)
Obtained an associate’s degree in any field of
study;
(2)
Earned at least 60 credits toward a baccalaureate degree in any field of
study; or
(3)
Been board certified by the National Board for Certification in Hearing
Instrument Sciences for a period of at least 2 years.
Source. #12112, eff 2-21-17
Hcp
304.04 Training
Program Required for Hearing Aid Dealer Registration.
(a) Applicants for initial registration as a
hearing aid dealer shall, by the time the application is submitted, have
complete a supervised training program, not to exceed 24 months in length, that
is directly supervised by a licensed audiologist or registered hearing aid
dealer who has been registered for at least 2 years.
(b) The supervised trainer shall, prior to
undertaking the supervision, submit to the board a plan that includes training
to develop and demonstrate competency in:
(1)
Hearing testing and interpretation;
(2)
Otoscopic ear examination;
(3)
Earmold impression procedures;
(4)
Hearing aid selection and fitting protocol; and
(5)
Hearing aid troubleshooting and servicing.
(c) Direct supervision shall be conducted by a
licensed audiologist or registered hearing aid dealer who shall:
(1) Be
responsible for all work being performed by the applicant;
(2)
Give final approval for work performed pursuant to (1) above; and
(3) Be
physically present in the room at the time the hearing aid is delivered the
client.
(d) In a written statement submitted with the
applicant’s application, the supervising trainer shall:
(1)
Document the dates of the initial supervision and the number of hours of
supervision; and
(2)
Verify the completion of a training program conforming with the
requirements of this section.
(e) In addition to a training program conforming
with the requirements of (a)-(d) above, the board shall accept any distance
learning program that is approved by the International Hearing Society as
satisfying the requirements of this section.
(f) Upon completion of the training program, the
applicant shall register for the first available written and practical
examination offered by the board pursuant to Hcp 304.05.
(g) If the trainee fails either the written or
practical examination, the trainee shall re-enter the training program and
shall have 2 more opportunities to pass both the written and practical
examinations. The trainee shall take the
next available examination and shall take and pass the examination within 2
years of commencing the training program.
(h) Notwithstanding (f) above, the trainee may
petition the board for an extension of the 2 year time
limit on the basis of health or medical issues, accident, mistake, or
misfortune and not through the neglect of the trainee.
Source. #12112, eff 2-21-17
Hcp
304.05 Hearing
Aid Dealer Written and Practical Examinations Required.
(a) Each hearing aid dealer applicant shall, as
part of an application for registration, submit proof of passing:
(1)
The written or online International Licensing Examination of the IHS
given by or on behalf of the board; and
(2) A
practical examination administered by the board and
which shall test the applicant in the following:
a. Knowledge
and mastery of FDA criteria for mandatory medical referral;
b.
Otological examination;
c.
Testing procedures and techniques during hearing aid selection and
fitting, air conduction testing, bone conduction testing, and masking techniques;
d. Ear
mold impressions; and
e.
Hearing aid trouble-shooting and servicing.
(b) Each applicant for written examination under
(c)(1) above shall pay to IHS an examination fee as set by IHS.
(c) Notwithstanding (a) above, the following
applicants shall be exempt from the written and the practical examinations:
(1)
Applicants who are board certified by the National Board for
Certification in Hearing Instrument Sciences; and
(2)
Applicants who have passed the International Licensing Examination of the
IHS in another state or jurisdiction whose licensure requirements are
substantially equivalent to those of New Hampshire.
(d) The practical examination shall be given
twice a year. The applicant shall be
notified in writing within 30 days as to whether he or she passed or failed the
examination.
(e) An applicant who fails to pass the written
examination or who fails to obtain a score of 70% or higher on any part of the
practical examination shall re-enter the training program required by Hcp 304.04
and retake the failed portion of the examination at the next regularly
scheduled examination date.
(f) An applicant who did not pass one or both
examinations shall work in the physical presence of a licensed audiologist or registered
hearing aid dealer who has been registered for at least 2 years, until such
time as he or she has passed both the written and practical portions of the
examination.
(g) If an applicant is unable to pass the
examinations after 3 consecutive attempts, he or she shall not be issued a
certificate of registration in New Hampshire.
Source. #12112, eff 2-21-17
Hcp
304.06 Acceptance
of Applications for Initial Hearing Aid Dealer Registration.
(a) Each applicant for registration as a hearing
aid dealer shall personally sign his or her application form and shall neither
arrange for nor allow any other person to sign on the applicant’s behalf.
(b) An application shall not be considered on its
merits until it has been accepted for filing pursuant to (d) below.
(c) The occurrence of any one or more of the
following shall result in non-acceptance of an application:
(1)
The failure of the applicant to sign the application;
(2)
The failure to provide any information or documentation required for a
complete application without an accompanying explanation or request for a
waiver; and
(3)
The failure to attach or enclose payment of the application fee.
(d) An application shall be subject to
non-acceptance pursuant to (c) above for 15 days to permit initial review and
determine whether the application is complete on its face. Unless the application is denied or the
applicant is informed, pursuant to (b) below, of a specific deficiency within
this time period, the application shall be deemed accepted
for filing on the date it was first received by the board.
(e) The board shall, within the time frame
described in (d) above, notify the applicant in writing of any deficiencies in
the application or any further information needed to evaluate the applicant’s
qualifications.
(f) Any additional information required pursuant
to (d)-(e) above shall be provided by the applicant within 30 days from the
date of the board’s letter notifying him or her of such deficiencies. Failure to provide such information in a
timely fashion shall result in the issuance of an intent to deny order.
(g) Applications requiring additional information
pursuant to (b) above shall be deemed accepted for filing on the date the
requested additional information was received by the board.
Source. #12112, eff 2-21-17
Hcp 304.07 Hearing Aid Dealer
Application Approval Procedures.
(a) Upon acceptance for filing of the application
for hearing aid dealer registration specified in Hcp 304.06, the board shall:
(1)
Notify the applicant of the date and time of the next regularly
scheduled examination;
(2)
Notify the applicant of the requirement for successful completion of a
written and practical examination; and
(3)
Notify the applicant relative to exemptions from the examination
requirements.
(b) No later than the second board meeting
following the reporting of the examination results to the board, the board
shall:
(1)
Issue a hearing aid dealer registration if the board determines that the
applicant has:
a. Submitted
an application free of materially false statements;
b. Met
all applicable procedural requirements set forth in Hcp 301; and
c. Met
all applicable qualifications set forth in Hcp 302 and Hcp 303; or
(2)
Issue an order indicating its intent to deny a hearing aid dealer
registration based on the applicant’s failure, as identified in the notice, to
do any or all of the following:
a.
Submit an application free of materially false statements;
b.
Meet all applicable procedural requirements set forth in Hcp 304.01; or
c.
Meet all applicable qualifications set forth in Hcp 304.03 through Hcp
304.05.
(c) An intent to deny order issued pursuant to
(h)(2) above shall notify the applicant in writing:
(1) Of
each reason for intended denial;
(2) That
the applicant may request a hearing on such intended denial based upon each
reason identified by the board within 30 days of the board’s order of intended
denial; and
(3)
That if a request for a hearing pursuant to (2) above is not timely
requested, the application shall be denied.
Source. #12112, eff 2-21-17
PART Hcp 305 AUDIOLOGIST AND HEARING AID DEALER
CHARACTER QUALIFICATIONS
Hcp
305.01 Character
Qualifications for Audiologists and Hearing Aid Dealers.
(a) Each application shall be investigated
pursuant to RSA 137-F:21 for the purpose of verifying all application materials, and determining whether the applicant is of good
professional character and can be depended upon to follow the requirements of
RSA 137-F and the board’s rules.
(b) To be considered to be of good professional character pursuant
to RSA 132-F:13, I(g) and someone who can be entrusted to serve the public as
an audiologist or hearing aid dealer, the applicant shall not have:
(1) Personally or through any other person submitted false
information to the board in connection with the application;
(2)
Within the 10 years preceding the application, had disciplinary action
taken by any licensing body or professional association that indicates the
applicant cannot be relied upon to practice competently, safely
and honestly, or adhere to the ethical standards required by Hcp 501; or
(3) A
criminal conviction history that indicates the applicant cannot be relied upon
to practice competently, safely and honestly, or
adhere to the ethical standards required by Hcp 501 due to:
a.
Conviction at any time of any felony involving dishonesty or fraud and
that has not been annulled by a court of competent jurisdiction;
b.
Conviction within the year immediately preceding the application of any
violation or misdemeanor involving a dishonest act that has not been annulled
by a court of competent jurisdiction;
c.
Conviction within the 5 years immediately preceding the application of 2
violations, misdemeanors, or both, involving dishonest acts and that have not
been annulled by a court of competent jurisdiction; or
d.
Conviction within the 10 years immediately preceding the application of
3 or more violations, misdemeanors, or both, involving dishonest acts.
Source. #12112, eff 2-21-17
PART Hcp 306 INITIAL LICENSE AND REGISTRATION FEES
Hcp
306.01 Fee
Schedule for Initial License and Registration. The board’s fees for initial
licensure as an audiologist and initial registration as a hearing aid dealer
shall be the fees on the schedule set forth in Table 300-1.
Table 300-1 Fees Charged by the Board of Hearing
Care Providers for Initial Licensure and Registration
|
Type of Fee |
Fee |
|
|
|
|
Audiologist
initial license |
$300.00 |
|
Audiologist
interim license |
$300.00 |
|
Audiologist
temporary license |
$300.00 |
|
Hearing aid
dealer initial registration |
$300.00 |
Source. #12112, eff 2-21-17
CHAPTER Hcp 400 LICENSE RENEWAL AND FEES
PART Hcp 401 LICENSURE AND REGISTRATION RENEWALS
Hcp
401.01 Application
Process for Licensee and Registrant Renewals. Each licensee or registrant who wishes to
renew their license or registration shall:
(a) Comply with the filing deadlines established
in Hcp 401.02;
(b) Submit a complete application pursuant to Hcp
401.03;
(c) Comply with the continuing education
requirements described in Hcp 402; and
(d) Pay the renewal fee established in Hcp 405.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
Hcp
401.02 License
and Registration Expiration Dates and Filing Deadlines for Renewals.
(a) Initial licenses and registrations shall be
valid for 2 full years, and shall automatically expire
on July 1 after the second full year of licensure or registration.
(b) All other audiology licenses and hearing aid
dealer registrations shall automatically expire on July 1, 2 years following
the last date the license or registration expired.
(c) Licenses and registrations shall be renewed
on or before June 30 in the year in which the license or registration is to
expire.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
Hcp
401.03 Application
for License and Registration Renewal.
An applicant for license or registration renewal shall provide the
following information on or with the “Application for Renewal of Audiologist
License and Hearing Aid Dealer Registration” form:
(a) The applicant’s full name;
(b) The applicant’s business address and
telephone number;
(c) The applicant’s home address and telephone number;
(d) A statement indicating whether the applicant
is actively practicing;
(e) A statement that the information included in
the applicant’s initial application has not changed except to the extent it has
previously been disclosed to the board or is disclosed and described in an
attachment to the application;
(f) A statement that the applicant has complied
with the applicable continuing education requirements of Hcp 402;
(g) A representation that the applicant
acknowledges that the provision of false information in the application is a
basis for disciplinary action by the board;
(h) The applicant’s signature; and
(i) The date the applicant signed the
application.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
Hcp
401.04 Application
for Restoration of Audiologist License.
Each audiologist whose license has been expired for not more than 2
years shall, pursuant to RSA 137-F:13, III, have his or her license restored
upon submitting:
(a) A completed renewal application as required
by Hcp 401.03;
(b) Payment of the restoration fee described in
Hcp 405; and
(c) Documentation that the applicant has met the
continuing education requirements of Hcp 402.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
PART Hcp 402 CONTINUING EDUCATION
Hcp
402.01 Continuing
Education as a Condition for Renewal.
(a) As a condition of the biennial renew for
audiologist licensure, each audiologist shall attend at least 20 credit hours
of board-approved continuing education relevant to, and which enhance, the
licensee’s ability to practice audiology.
(b) As a condition of the annual renewal for
hearing aid dealer registration, each hearing aid dealer shall attend at least
16 credit hours of board-approved continuing education relevant to, and which
enhance, the registrant’s practice as a hearing aid dealer.
(c)
Credit hours shall be awarded based on a 60-minute hour, or fraction thereof,
of program participation.
(d) Credit hours earned in
excess of the minimums described in (a) and (b) above shall not be used
to meet the subsequent biennial license or registration period’s continuing
education requirements.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08;
ss by #12112, eff 2-21-17 (from Hcp 403.01)
Hcp
402.02 Continuing
Education Programs and Courses.
(a) The board shall accept only continuing
education programs offered or accredited by the organizations set forth in (b)
below which are directly relevant and applicable to the practice of audiology
for audiologists or hearing aid dispensing for hearing aid dealers.
(b) Continuing education credit may be claimed
for any program offered or accredited by any of the following organizations:
(1)
College or university courses;
(2)
Courses, seminars, or other learning activities provided by the:
a.
American Academy of Dispensing Audiologists;
b.
American Academy of Audiology;
c.
American Speech-Language and Hearing Association;
d.
American Medical Association;
e.
American Academy of Otolaryngology;
f.
International Hearing
Society; or
g.
Other organizations credentialed by a. – f. above.
(c) Continuing education with non-accredited sponsorship
may also be submitted for board consideration pursuant to Hcp 402.03. If approved, credit shall be assigned
pursuant to Hcp 402.01(c).
(d)
To receive credit for courses submitted
for approval under (b) above, the applicant shall submit a detailed report that
specifies:
(1)
The program title;
(2)
Identification of the organization that sponsored the program;
(3) A
description of the scope of the program;
(4) A
description of the instructor’s credentials; and
(5) A
statement indicating the place, date, and length of program.
(e) The board shall consider and approve courses
that have not been offered or accredited by the organizations set forth in (b)
above pursuant to Hcp 402.03.
Source. #9338, eff 12-3-08;
ss by #12112, eff 2-21-17 (from Hcp 403.02)
Hcp
402.03 Board
Approval of Courses.
(a) Requests for approval of courses for
continuing education credit shall be submitted to the board no less than 30
days in advance of the course.
(b) Requests for approval of courses shall
provide the following information on a board provided course approval form:
(1)
The course's title, date and location;
(2)
The course's sponsor and the name and phone number of contact person;
(3) An
agenda for the course;
(4)
Biographical sketches of speakers including their qualifications; and
(5) A
summary of the topics to be presented.
(c) After review of the application, the board
shall, within 21 days of receipt of the request for approval, notify the
contact person, in writing, as to whether or not the course is approved and the number of credits granted.
(d) Courses shall be approved if:
(1)
The application form contains all of the information required by (b) above;
(2)
The application form is received by the board in accordance with (a) above;
(3)
The subject matter will address topics that will enhance audiologists’
or hearing aid dealers’ abilities to practice; and
(4) The
persons presenting the pertinent subject matter have qualifications relating to
both the subject matter and the category of certification of the attendees,
through:
a.
Formal education with degrees or diplomas;
b.
Research experience, as demonstrated by publication of peer reviewed
research; or
c.
Practical experience that demonstrates specialized knowledge in a
particular practice area of pertinent subject matter.
d. The
number of credit hours granted for continuing education courses shall be assigned
pursuant to Hcp 402.01(c).
Source. #9338, eff 12-3-08;
ss by #12112, eff 2-21-17 (formerly Hcp 403.03)
Hcp
402.04 Documentation Requirements.
(a) Licensees and registrants shall retain
documentation of maintenance of continuing competence for a period of no less than 3 years.
(b) The renewal applicant shall furnish the copies of documentation of
continuing education, as described in (c) below, with their renewal
application.
(c) Documentation of continuing education shall
include transcripts, certificates, and other evidence of successful completion
of continuing education that are provided by the person or entity conducting
such education, provided that licensees and registrants
shall be permitted to submit photocopies of such documentation as part of their
renewal applications.
Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
PART Hcp 403 ONGOING REQUIREMENTS
Hcp
403.01 Severance
of Connection. Each audiologist and
each hearing aid dealer shall notify the board in writing within 30 business
days after they sever or establish an employment situation.
Source. #9338, eff 12-3-08;
ss by #12112, eff 2-21-17 (from Hcp 404.01)
Hcp 403.02 Change of Address. Each audiologist and each hearing aid dealer,
as well as applicants for licensure or registration, shall notify the board in
writing of any change in home or business address within 30 days of such
change. Failure to provide a written notification of change of address shall
not be exculpatory grounds for failing to respond to board inquiries or
timelines and shall be grounds for disciplinary actions.
Source. #9338, eff 12-3-08;
ss by #12112, eff 2-21-17 (from Hcp 404.02)
PART Hcp 404 REVOCATION, SUSPENSION, AND OTHER
SANCTIONS
Hcp
404.01 Disciplinary
Sanctions.
(a)
Other than immediate license suspensions
authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions
on an audiologist or hearing aid dealer only:
(1)
After prior notice and an opportunity to be heard; or
(2)
Pursuant to a mutually agreed upon settlement.
(b) After a finding that an audiologist or
hearing aid dealer has committed misconduct, the board shall impose one or more
of the disciplinary sanctions described in this part.
(c) The board shall impose the least severe sanction
available under these rules that is calculated to address misconduct and act as
a deterrent for future acts of misconduct.
(d) When a person subject to the board’s
disciplinary authority is found, after notice and opportunity for hearing, to
have committed misconduct, the board shall impose sanctions after considering
aggravating and mitigating factors including, but not limited to:
(1)
The seriousness of the offense;
(2)
The audiologist or hearing aid dealer’s prior disciplinary record;
(3) The
audiologist or hearing aid dealer’s state of mind at the time of the offense;
(4)
The audiologist or hearing aid dealer’s acknowledgment, or lack thereof,
of his or her wrongdoing;
(5)
The audiologist or hearing aid dealer’s willingness to cooperate with
the board;
(6)
The purpose of the rule or statute violated;
(7)
The nature and extent of the enforcement activities required of the
board as a result of the offense;
(8)
The cost of any investigation or hearing conducted by the board; and
(9) The
audiologist or hearing aid dealer’s ability to pay the administrative fine.
(e) Copies of board orders imposing disciplinary
sanctions and copies of all settlement agreements shall be sent to the licensing
body of each state in which the audiologist or hearing aid dealer is licensed
and to such other entities, organizations, associations, or boards as are
required to be notified under applicable state or federal law.
Source. #9338, eff 12-3-08;
ss by #12112, eff 2-21-17 (from Hcp 402.01)
Hcp
404.02 Revocation.
(a) “Revocation”
means the permanent and complete cancellation of any specially-conferred
rights, authority, or privileges that were granted to an audiologist or hearing
aid dealer through RSA 137-F.
(b) The most severe sanction, revocation, shall
be imposed only for those cases in which:
(1) An
audiologist or hearing aid dealer fails to be physically present, as reasonably
necessary to comply with the requirements of Hcp 502.01(f), to supervise a
trainee when the trainee is with a patient and performs any procedure or
procedures related to hearing or hearing aid device other than a rudimentary
cleaning of such a device;
(2) An
audiologist or hearing aid dealer is convicted of any crime, the circumstances
and facts of which lead the board to conclude that the audiologist or hearing
aid dealer cannot be entrusted to protect the health of their clients;
(3) An
audiologist or hearing aid dealer has had his or her license or registration
suspended 3 times previously and has committed another offense for which a
suspension would otherwise have been appropriate;
(4) An
audiologist or hearing aid dealer has been determined to have willfully
deceived the board regarding anything other than his or her application for
licensure or registration;
(5) An
audiologist or hearing aid dealer has provided materially false information on
his or her application for licensure or registration; or
(6) An
audiologist or hearing aid dealer’s license to practice in any other state has
been revoked.
(c) The period for revocation shall be the
remainder of the licensure period commencing from the latter of:
(1)
The date that the revocation goes into effect; or
(2)
The date on which no further appeal may be taken.
(d) An audiologist or hearing aid dealer whose
license or registration has been revoked shall be barred from reapplying for a
license or registration for 3 years after the date of revocation. The revocation order shall specify the
earliest date an application may be submitted.
(e) Upon receipt of a revocation order from the
board, the audiologist or hearing aid dealer shall immediately cease holding
him- or herself out to the public as an audiologist or hearing aid dealer. Further, such audiologist or hearing aid
dealer shall immediately cease engaging in any act for which licensure or
certification issued pursuant to RSA 137-F is required.
(f) Failure to comply with (e) above, shall
constitute separate grounds for further disciplinary action.
(g) A subsequent license or registration shall be
obtained only after:
(1)
The passage of the amount of time specified in the revocation order;
(2)
Complying with all of the requirements of RSA 137-F and Hcp 300
regarding application for an initial license or certification;
(3)
Demonstrating that the cause for revocation does not exist at the time
of the subsequent application; and
(4)
Demonstrating that any corrective actions that were ordered by the board
have been fully implemented.
Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 402.02)
Hcp
404.03 Suspension.
(a) “Suspension”
means the temporary withdrawal of any specially-conferred rights, authority, or
privileges that were granted to an audiologist or hearing aid dealer through
RSA 137-F.
(b) The sanction of suspension shall be imposed
only after notice and opportunity for a hearing in those cases in which the
board determines that at least one of the following is true:
(1) An
audiologist or hearing aid dealer has failed to meet continuing education requirements;
(2) An
audiologist or hearing aid dealer has endangered the health of a patient;
(3) An
audiologist or hearing aid dealer has committed a violation after having been
found, after notice and opportunity for hearing, to have committed 3 previous
violations of any administrative rule or rules;
(4) An
audiologist or hearing aid dealer has failed to pay an administrative fine
within 60 days of the fine being assessed after notice and opportunity for hearing; or
(5) An
audiologist or hearing aid dealer’s license to practice in any other state has
been suspended;
(c) The minimum period for suspension shall be
that amount of time necessary for the audiologist or hearing aid dealer to take
corrective action ordered by the board and return to compliance. Suspension shall have no effect upon the
expiration of licensure or certification.
Specifically, suspension shall not cause expiration to be advanced or
delayed.
(d) Upon receipt of a suspension order from the
board, the audiologist or hearing aid dealer shall immediately cease holding himself
or herself out to the public as an audiologist or hearing aid dealer. Further, such audiologist or hearing aid
dealer shall immediately cease engaging in any act for which licensure or
registration is required until the board grants reinstatement pursuant to (f),
below.
(e) Failure to comply with (d) above shall
constitute separate grounds for further disciplinary action.
(f) An audiologist or hearing aid dealer seeking
reinstatement shall petition the board, providing documentation of all corrective
actions taken. The board shall review
the petition and supporting documentation and grant the petition if it
determines that all corrective action ordered by the board has, in fact, been
taken and the audiologist or hearing aid dealer has returned to compliance.
Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 402.03)
Hcp
404.04 Administrative
Fines.
(a) The sanction of administrative fine shall be
imposed only after notice and opportunity for a hearing in those cases in which
the board determines that misconduct has occurred.
(b) The board shall impose administrative fines
as outlined in (d) below for any violation of RSA 137-F or the board’s rules.
(c) Nonpayment of an administrative fine in
contravention of an order, agreement or promise to pay, shall be grounds for
discipline by the board and a basis for judicial action seeking to collect the
penalty.
(d) Administrative fines shall be imposed as
follows:
(1)
For a first offense, $500.00;
(2)
For a second offense, $1,000.00; and
(3)
For any subsequent offense, $2,000.00.
Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 402.04)
Hcp
404.05 Disciplinary
Continuing Education.
(a) “Disciplinary continuing
education” means any course or seminar that an apprentice or audiologist or
hearing aid dealer is ordered, by the board, to take for the purpose of
addressing a finding of misconduct based upon deficient skills, and which is in
addition to the continuing education requirements set forth in Hcp 402.
(b) The sanction of disciplinary continuing education
shall be imposed only after notice and opportunity for a hearing in those cases
in which the board determines that the apprentice or audiologist or hearing aid
dealer’s misconduct arose, at least in part, through deficient skills necessary
for some aspect of his or her practice.
(c) The failure by an audiologist or hearing aid
dealer to take the disciplinary continuing education ordered by the board shall
be grounds for further discipline by the board.
Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (formerly Hcp 402.05)
PART Hcp 405 RENEWAL FEES
Hcp
405.01 Fee
Schedule for License and Registration Renewals. The board’s fees for license and registration
renewals shall be the fees set forth in Table 400-1.
Table 400-1 Fees Charged by the Board of Hearing
Care Providers for License and Registration Renewals
|
Type of Fee |
Fee |
|
Audiologist
license renewal |
$300.00 |
|
Hearing aid
dealer renewal |
$300.00 |
|
Audiologist
license restoration |
$350.00 |
Source. #12112, eff 2-21-17
CHAPTER Hcp 500 ETHICAL STANDARDS
PART Hcp 501 ETHICAL STANDARDS
Hcp
501.01 Obligation
To Obey.
(a) The ethical standards set forth in this part
shall bind all licensed or registered practitioners.
(b) Conduct proscribed by these ethical
standards, when performed by a licensed or registered person shall also be a
basis for denying a renewal for license or registration.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
Hcp
501.02 Standards
of Conduct. A licensed audiologist
or a registered hearing aid dealer shall:
(a) Submit only truthful, correct and complete
information in any application or other document filed with or statement made
to the board;
(b) Inform the board of a principal business
address to which all official board communications should be directed, and also
of all addresses where the audiologist or hearing aid dealer is practicing;
(c) Report the establishment of a business
address or the change or abandonment of a business address to the board within
30 days;
(d) Refrain from revealing information acquired
in the course of treating a patient unless the patient consents to the release
of the information or the release is ordered by a court;
(e) Offer no assistance to any dishonest practice
or scheme such as preparing or verifying reports which support feigned or
exaggerated claims of physical disability or the concealment of physical
disability, regardless of the purpose for which the report is offered;
(f) Provide each patient with the highest degree
of skill and care which he or she is capable, and otherwise maintain the health
and welfare of the patient as the paramount objective of his or her practice;
(g) Continually endeavor to improve his or her
skill and knowledge in the field of audiology or hearing aid dispensing, as
appropriate, keep abreast of new developments in the field, and offer the same
good quality of care to each patient treated;
(h) Report persons who might attempt to practice
audiology without a license or dispense hearing aids without registration, and
otherwise violate the laws or rules pertaining to the practice of audiology or
hearing aid dispensing in New Hampshire;
(i) Annually calibrate any and
all equipment utilized for the purpose of testing or evaluating a
person’s hearing. Calibration records shall be retained for a period of 5 years
and available to the board upon demand; and
(j) Comply with the reporting requirements of the
New Hampshire department of health and human services’ early hearing detection
and intervention program as outlined in He-P 3008.15 – 3008.18.
Source. #6935, eff 1-29-99, EXPIRED: 1-29-07
New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
Hcp
501.03 Mandatory
Medical Referral.
(a) A licensed audiologist or registered hearing aid dealer shall refer a
patient to a physician if the audiologist or hearing aid dealer determines by
any method that the patient has or might have any of the following conditions:
(1)
Visible congenital or traumatic deformity of the outer ear;
(2)
History of active drainage from the ear within the previous 90 days;
(3)
History of sudden or rapidly progressive hearing loss with the previous
90 days;
(4)
Acute or chronic dizziness;
(5)
Unilateral hearing loss of sudden or recent onset with the previous 90 days;
(6)
Audiometric air-bone gap equal to or greater than 15 decibels at 500Hz,
1000Hz, and 2000Hz;
(7)
Visible evidence of significant cerumen accumulation or a foreign body
in the ear canal; or
(8)
Pain or discomfort in the ear.
(b) An
audiologist or hearing aid dealer shall have a duty to inquire or otherwise
determine whether any of the conditions listed in (a) above are present.
Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17
APPENDIX
|
Rule |
Specific State Statute the Rule Implements |
|
|
|
|
Hcp 101 |
RSA 541-A:8 |
|
Hcp 102 |
RSA 541-A:7 and RSA 541-A:8 |
|
Hcp 103.01 |
RSA 137-F:3, I |
|
Hcp 103.02 & 103.03 |
RSA 541-A:16, I(a) |
|
Hcp 104.01 |
RSA 91-A:2, II |
|
Hcp 104.02 |
RSA 91-A:4, III |
|
Hcp 104.03 |
RSA 91-A:4, IV |
|
Hcp 105.01 |
RSA 541-A:16, I(a) |
|
Hcp 105.02 |
RSA 137-F:3, VII |
|
Hcp 106 |
RSA 137-F:4 |
|
|
|
|
Hcp 200 (Any provision of Hcp 200
not separately listed in this table is intended to implement RSA 541-A:16,
I(b), generally.) |
RSA 541-A:16, I(b)(2) |
|
Hcp 201.01 |
RSA 541-A:8 |
|
Hcp 201.02 |
RSA 541-A:7 and RSA 541-A:8 |
|
Hcp 202 |
RSA 541-A:30-a, III(b) |
|
Hcp 203 |
RSA 541-A:30-a, III(f) |
|
Hcp 204 |
RSA 541-A:30-a, III(a) |
|
Hcp 205.02 |
RSA 137-F:21, VIII |
|
Hcp 206 |
RSA 137-F:6, XII; RSA 137-F:21 |
|
Hcp 207.01 |
RSA 541-A:8 |
|
Hcp 207.02 |
RSA 137-F:22, II and RSA 541-A:31, III |
|
Hcp 207.04 |
RSA 541-A:32 |
|
Hcp 207.05 |
RSA 137-F:22, III |
|
Hcp 207.06 |
RSA 541-A:32, V(b) – (d) |
|
Hcp 207.07 |
RSA 541-A:30-a, III(c) |
|
Hcp 207.08 |
RSA 137-F:21, V(a) |
|
Hcp 207.09 |
RSA 541-A:33 |
|
Hcp 207.10 |
RSA 541-A:30-a, III(d) and (e) |
|
Hcp 207.13 |
RSA 541-A:35 |
|
Hcp 207.15 |
RSA 541-A:36 |
|
Hcp 207.16(c) |
RSA 541-A:30, III |
|
Hcp 207.17 |
RSA 541-A:30-a, III(h) |
|
Hcp 208.01 |
RSA 137-F:22, I and RSA 541-A:1, XIV |
|
Hcp 208.03 |
RSA 541-A:30-a, III(k) |
|
Hcp 208.05 |
RSA 541-A:34 |
|
Hcp 209 |
RSA 541-A:30-a, III(i) |
|
Hcp 211 |
RSA 137-F:6, XII; RSA 137-F:21, IV |
|
Hcp 212.01 – 212.03 |
RSA 541-A:16, I(c) |
|
Hcp 212.04 |
RSA 541-A:16, I(b); RSA 541-A:11, VII |
|
Hcp 213 |
RSA 541-A:16, I(b); RSA 541-A:22, IV |
|
Hcp 214 |
RSA 541-A:16, I(d) |
|
Hcp 215 |
RSA 541-A:16, I(b)(3) |
|
|
|
|
Hcp 301.01 – 301.02 |
RSA 137-F:6, I, III; RSA 137-F:11; RSA 137-F:13 |
|
Hcp 301.03 – 301.04 |
RSA 137-F:6, III; RSA 137-F:11; RSA 137-F:13 |
|
Hcp 301.05 – 301.06 |
RSA 137-F:6, III |
|
Hcp 302 |
RSA 137-F:6, III; RSA 137-F:14 |
|
Hcp 303 |
RSA 137-F:6, VI; RSA 137-F:15 |
|
Hcp 304.01 – 304.02 |
RSA 137-F:6, II; RSA 137-F:8 |
|
Hcp 304.03- 304.05 |
RSA 137-F:6, IV; RSA 137-F:8 |
|
Hcp 304.06 – 304.07 |
RSA 137-F:6, IV |
|
Hcp 305 |
RSA 137-F:6, III and IV; RSA 137-F:8; RSA 137-F:11 |
|
Hcp 306 |
RSA 137-F:6, III-V |
|
|
|
|
Hcp 401 |
RSA 137-F:8; RSA 137-F:13, III; RSA 137-F:20 |
|
Hcp 402 |
RSA 137-F:6, VIII and IX |
|
Hcp 403 |
RSA 137-F:6, III and IV |
|
Hcp 404 |
RSA 137-F:5, III and VI; RSA 137-F:31 |
|
Hcp 405 |
RSA 137-F:6, V |
|
|
|
|
Hcp 500 |
RSA 137-F:6, III and IV,
and RSA 137-F:21 |