CHAPTER He-P 1400 REFLEXOLOGISTS, STRUCTURAL INTEGRATORS, AND
ASIAN BODYWORK THERAPISTS
Statutory Authority: RSA 328-H:5
PART He-P 1401 DEFINITIONS
He-P
1401.01 Definitions.
(a) “Applicant” means “applicant” as defined in
RSA 328-H:2, I.
(b)
“Asian Bodywork Therapist” means a
person providing Asian bodywork therapy in accordance with the scope of
practice as described in RSA 328-H:3, III.
(c) “Board” means “board” as defined in RSA
328-H:2, II.
(d) “Commissioner” means the commissioner,
department of health and human services or his or her designee.
(e) “Cooperate” means to provide the department
with any information requested by the commissioner during an investigation and
to answer any questions posed by the department in order to enable it to
determine compliance with RSA 328-H and He-P 1400.
(f) “Department” means the
(g) “Directed plan of correction” means a plan developed
and written by the department that specifies the necessary actions the licensee
shall take to come into compliance with a violation of RSA 328-H or He-P 1400.
(h) “Good standing” means that:
(1)
The practitioner has had no complaints, within the previous 5 years, for
which an acceptable plan of correction has not been received; and
(2) No
administrative action such as denial of application, suspension or revocation
of license or imposition of an administrative fine that has not been paid has
occurred or is pending.
(i) “Inappropriate sexual contact” means the
intentional touching of the client’s breasts or genitalia by the licensee, or a
person practicing without a license, when such touching:
(1) Is
a therapeutic aspect of the therapy, but is done without the informed consent
of the client; or
(2) Is
not a necessary, therapeutic aspect of the therapy; and
(3) Is
performed primarily for the purpose of sexual arousal or gratification of the
licensee, the person practicing without a license, or the client.
(j) “License” means the document issued by the
department authorizing a person to practice as a reflexologist, structural
integrator, or Asian bodywork therapist.
(k) “Licensee” means “licensee” as defined in RSA
328-H:2, V.
(l)
“Offense” means an act or acts of inappropriate sexual contact occurring
during the course of a single therapy session.
(m)
“Practice” means “practice” as defined in RSA 328-H:2, VI.
(n)
“Practitioner” means “practitioner” as defined in RSA 328-H:2, VII.
(o)
“Reflexologist” means a person providing reflexology in accordance with
the scope of practice as described in RSA 328-H:3, I.
(p) “Second offense” means inappropriate sexual
contact committed by an individual who has at least once been found, after
notice and opportunity for a hearing, to have committed inappropriate sexual
contact.
(q) “Structural Integrator” means a person
providing structural integration in accordance with the scope of practice as
described in RSA 328-H:3, II.
(r) “Third offense” means inappropriate sexual
contact committed by an individual who has at least twice been found, after
notice and opportunity for a hearing, to have committed inappropriate sexual
contact.
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
PART He-P 1402 LICENSE REQUIREMENTS
He-P
1402.01 Initial License Application
Requirements.
(a) Any person 18 years or older who wishes to engage
in the practice of reflexology, structural integration, or Asian bodywork
therapy shall file an application for a practitioner license.
(b) Each applicant for licensure shall submit an
application containing the following:
(1)
The type of practitioner by indicating whether the applicant is applying
for a license as a reflexologist, structural integrator, or Asian bodywork
therapist;
(2)
The applicant's first, middle and last name;
(3)
The applicant's home and mailing address;
(4) The
applicant's home telephone number;
(5) A
recent 2” x 2” photograph of the applicant’s face;
(6)
The applicant’s date of birth;
(7)
The applicant’s social security number as required by RSA 161-B:11,
VI-a;
(8)
Documentation of current certification by the applicant’s respective
national certifying agency in accordance with RSA 328-H:2, VII and He-P 1405;
(9)
The name of each state where the applicant holds or has held a license
or certificate to practice reflexology, structural integration, or Asian
bodywork therapy, and the number of years the applicant has practiced in each
state;
(10)
The name, address and telephone number of the business where the
applicant intends to practice, if known;
(11) A
statement indicating that the applicant has not been convicted of any crime
involving violence inflicted on a person or threatened against a person, or any
sexually-related crime, in this state or any other state, in accordance with
RSA 328-H:8, I(d); and
(12)
The applicant's signature and date signed.
(c) The application shall be submitted to the
commissioner and accompanied by the initial license application fee as set
forth in He-P 1406.01.
(d) The commissioner shall review the application
and notify the applicant in writing within 10 days if the application does not
meet the requirements of (b) and (c) above, specifying any additional
information or documentation the applicant shall submit.
(e) The commissioner shall approve an initial application
for licensure, if the applicant:
(1) Is
18 years or older;
(2)
Has submitted payment for the initial application license fee set forth
in He-P 1406.01;
(3)
Has submitted a complete application in accordance with (b) above; and
(4) Is
in compliance with all of the provisions of RSA 328-H and He-P 1400, including:
a. Not
having been convicted of any crime involving violence inflicted on a person or
threatened against a person, or any sexually-related crime;
b. Not
having been found by the department to have committed an act of inappropriate
sexual contact with a client, pursuant to an investigation in He-P 1404.02 and
an administrative adjudicative proceeding in He-P 1404.03(d); and
c.
Payment of all administrative fines imposed by the commissioner.
(f) The commissioner shall deny an application if
the applicant does not meet the requirements in (e) above and knowingly makes
any false statement regarding the application, license.
(g) Application denials shall be conducted in accordance
with He-P 1404.03.
(h) The commissioner shall send the decision to
deny the application to the applicant at the home address shown on the
application.
(i) If the application is denied in accordance with
(f) above, the license application fee shall not be returned to the applicant.
(j) Failure of the licensee to maintain national
certification as required by He-P 1405.02 shall result in revocation of license
in accordance with He-P 1404.04 (g) (5).
(k) Licenses issued by the commissioner shall be
effective for 2 years from the date of issuance.
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
He-P
1402.02 License Renewal.
(a) A practitioner who wishes to maintain his or
her license shall submit an application to the commissioner in accordance with
RSA 328-H:9 at least 30 days prior to the expiration of his or her license.
(b) At least 60 days prior to the expiration of a
license, the commissioner shall:
(1)
Notify, in writing, the licensees whose licenses are to expire that
their licenses are due to expire; and
(2)
Include with the written notice an application for renewal of license.
(c) In order to process the applications in a
timely manner, the licensee shall submit to the commissioner, at least 30 days
prior to the expiration of his or her license, the following information:
(1) An
application that contains the following:
a. The
applicant’s first, middle and last name;
b. The
applicant’s home and mailing address;
c. The
applicant’s home telephone number;
d. The
name of each business where the applicant is practicing;
e.
Each business address and telephone number;
f.
Photocopies of out of state licenses, if any;
g. All
information on disciplinary action taken, if any, in any other state regarding
applicant’s activities as a practitioner;
h.
Documentation of current certification by the applicant’s respective
national certifying agency in accordance with RSA 328-H:2, VII and He-P 1405;
i. A
statement indicating that the applicant has not been convicted of any crime
involving violence inflicted on a person or threatened against a person, or any
sexually-related crime, in this state or any other state in accordance with RSA
328-H:8, I(d); and
j.
Signature of applicant and date signed; and
(2)
The renewal fee required by He-P 1406.01.
(d) The renewal fee shall not be refundable.
(e) The commissioner shall accept the application
as being complete or notify the applicant in writing within 30 days that the
application is incomplete, specifying what the applicant needs to submit to
complete the application.
(f) The commissioner shall approve applications
for renewal, if the applicant:
(1)
Has submitted the renewal application license fee set forth in He-P
1406.01;
(2)
Has submitted a complete application in accordance with (b) above;
(3) Is
in compliance with all of the provisions of RSA 328-H or He-P 1400, including:
a. Not
having been convicted of any crime involving violence inflicted on a person or
threatened against a person, or any sexually-related crime;
b. Not
having been found by the Department to have committed an act of inappropriate
sexual contact with a client, pursuant to an investigation in He-P 1404.02 and
an administrative adjudicative proceedings in He-P 1404.03 (d); and
c.
Payment of all administrative fines imposed by the commissioner.
(g) The commissioner shall deny a renewal application
if the applicant has not met all of the requirements in (f) above and knowingly
made any false statement regarding the application or license.
(h) Application denials for renewal shall be in
accordance with and He-P 1404.03.
(i) The commissioner shall send the decision to
deny the renewal application to the applicant at the home address shown on the
application.
(j) If the application is denied in accordance
with (g) above, the license renewal application fee shall not be returned to
the applicant.
(k) A renewal license shall be effective for 2
years from the date of expiration of the prior license.
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
He-P
1402.03 Expired License.
(a) If an application for renewal is received
after the expiration date of the license, the license shall be expired.
(b) A practitioner whose license has expired in
accordance with (a) above shall not practice until he or she has obtained a
license in accordance with RSA 328-H and He-P 1400.
(c) A practitioner whose license has expired in
accordance with (a) above, and wishes to reapply for a license, shall apply for
an initial license in accordance with He-P 1402.01.
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
He-P
1402.04 Change of Address and Timely
Submission of Application.
(a) Licensees shall immediately notify the
commissioner when a change of home or business address occurs.
(b) Failure to receive an application for renewal
of the current license sent by the department shall not excuse the practitioner
from the obligation to submit an application for renewal at least 30 days prior
to the expiration of the current license in accordance with He-P 1402.02 (c).
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
PART He-P 1403 BOARD
He-P
1403.01 Board.
(a) The commissioner shall appoint 3 members to serve
on the advisory board in accordance with RSA 328-H:6.
(b) The commissioner shall appoint advisory board
members who have been certified by the appropriate national certifying agency
for at least 2 years preceding the appointment.
(c) The advisory board shall advise the
commissioner on the technical aspects of reflexology, structural integration,
and Asian bodywork therapy.
(d) The advisory board members shall serve 3-year
terms pursuant to RSA 328-H:6.
(e) Each advisory board member shall be appointed
for not more than 2 full consecutive terms.
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
PART He-P 1404 DENIAL, DISCIPLINARY ACTION, WAIVERS
He-P
1404.01 Complaint Procedure.
(a) Any person may file a complaint against a
licensee, or person practicing without a license, for an alleged violation of
RSA 328-H or He-P 1400.
(b) All complaints regarding a licensee, or a
person practicing without a license, shall be in writing and include the
following:
(1)
The name of the licensee or person practicing without a license;
(2)
The name and address of the complainant; and
(3)
The specific facts or circumstances that led to the complaint.
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
He-P
1404.02 Complaint Investigation.
(a) All complete complaints received by the
department in accordance with He-P 1404.01 shall be investigated by the
commissioner.
(b) The commissioner shall contact and
individually question the complainant and the licensee or person practicing
without a license about the complaint in an effort to determine if the
complaint can be substantiated.
(c) The licensee or person practicing without a
license shall cooperate with the department throughout the investigation.
(d) Upon completion of the investigation, the
commissioner shall make a determination based on information received during
the investigation as to whether the complaint is substantiated.
(e) If there is insufficient evidence to support
the allegation(s) the department shall take no further action.
(f) Copies of the investigative findings shall be
sent to the complainant and the licensee or person practicing without a
license, indicating whether or not the complaint is substantiated.
(g) If it is determined by the commissioner that
the licensee has violated any provisions of He-P 1400 or RSA 328-H, except
violations which warrant revocation pursuant to He-P 1404.04(g), the department
shall, within 15 days of the determination, issue to the licensee a directed
plan of correction indicating the steps that must be taken in order to correct
the violation(s).
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
He-P
1404.03 Adjudicative Actions and
Administrative Appeals.
(a) Prior to taking adjudicative action against
an applicant, licensee, or person practicing without a license, such as denial,
suspension or revocation of license or imposition of a fine, the department
shall send to the applicant, licensee, or person practicing without a license a
written notice which states:
(1)
The reason(s) for the proposed action;
(2)
The action to be taken by the department; and
(3)
The right of the applicant, licensee, or person practicing without a
license, to an administrative appeal.
(b) The department shall issue a written notice
to the applicant, licensee, or person practicing without a license, along with
the information that the individual has the right to appeal the notice in
accordance with RSA 328-H:10 or RSA 328-H:15.
(c) Failure of the applicant, licensee, or person
practicing without a license to request a hearing within 30 days of receipt of
the notice shall result in the proposed action becoming final and immediately
imposed.
(d) If the applicant, licensee, or person
practicing without a license requests a hearing in writing no action shall be
imposed on the individual pending the completion of an adjudicative process
conducted in accordance with RSA 541-A:31 through 36 and He-C 200.
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
He-P
1404.04 Revocation, Denial,
Disciplinary Action.
(a) The commissioner shall suspend a license in
accordance with He-P 1404.03 if the licensee fails to:
(1)
Implement the steps indicated in the directed plan of correction
described in He-P 1404.02(g) within 15 days of receiving the directed plan of
correction;
(2)
Maintain a directed plan of correction;
(3)
Cooperate with an investigation by the department to the extent required
by these rules; or
(4)
Pay a fine in accordance with He-P 1404.05.
(b) If a license is suspended in accordance with (a)(1)
above, and the licensee requests a hearing in accordance with He-P 1404.03 (d),
the hearing shall be held on the violations of He-P 1400 or RSA 328-H that
resulted in the requiring of a directed plan of correction.
(c) If the outcome of a hearing held in
accordance with (b) above is that the department did not have valid grounds to
order the implementation of a directed plan of correction, then the suspension
shall not be imposed.
(d) If the outcome of a hearing held in
accordance with (b) above is that the department’s order requiring the
implementation of a directed plan of correction is upheld, the suspension shall
take effect immediately and remain in effect until such time as the directed
plan of correction is implemented corrective action is submitted and approved
in accordance with (e) below.
(e) The length of suspension shall be until such
time as the licensee:
(1)
Complies with the requirements for which the suspension was issued; and
(2)
Has paid all fines, if any, associated with the suspension; or
(3)
Has his or her license revoked in accordance with (g) below.
(f) Upon reinstatement of a suspended license,
the applicant shall not be required to pay an additional license fee, and the expiration
date of the license shall remain the same.
(g) The commissioner shall revoke a license in
accordance with He-P 1404.03 if the licensee:
(1)
Has, at any time, been convicted of any crime involving violence
inflicted on a person or threatened against a person, or any sexually-related
crime, in accordance with RSA 328-H:10, V;
(2)
Has given false information on his or her application relative to their
required national certification;
(3)
Fails to comply with the conditions for the removal of a suspension
within 90 days of the suspension taking effect;
(4)
Has committed an act or acts of inappropriate sexual contact with a
client; or
(5)
Has failed to maintain his or her national certification in accordance
with RSA 328-H:10, I.
(h) A licensee whose license has been revoked or
applicant whose application has been denied for committing an act or acts of
inappropriate sexual contact shall not reapply for a license for:
(1) At
least one year from the date the revocation or denial became final, for the
first offense; and
(2) At
least 3 years from the date the revocation or denial became final, for the
second offense.
(i) License revocations and application denials,
for committing an act or acts of inappropriate sexual contact, shall be
permanent for the third offense.
(j) Except for (i) above, a licensee whose
license has been revoked and who wishes to reapply for a license shall reapply
as for an initial license in accordance with He-P 1402.01.
(k) Except for (i) above, an applicant whose
application has been denied and who wishes to reapply for a license shall
reapply as for an initial license in accordance with He-P 1402.01.
(l) In addition to (j) and (k) above, a license
shall not be granted to any applicant until the applicant has complied with the
requirements for which the revocation or denial was issued and has paid all
fines, if any, associated with the revocation or denial.
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
He-P
1404.05 Procedures for Imposing and
Schedule of Administrative Fines.
(a) When the commissioner has determined that a
violation of RSA 328-H or He-P 1400 has occurred, the commissioner shall impose
a fine in accordance with He-P 1404.03, RSA 328-H:15 and (d) below.
(b) If the applicant, licensee, or person
practicing without a license waives the right to a hearing and chooses to pay
the imposed fine, the fine shall be paid to and received by the department
within 30 days of receipt of the notice of fine by the individual.
(c) The fine payment shall be sent to the
commissioner.
(d) Fines for violation of the provisions of RSA
328-H and He-P 1400 shall be imposed in accordance with the following schedule:
(1)
For submitting false or fraudulent information on or with an
application, the fine shall be $500.00;
(2)
For falsification of a license to practice reflexology, structural
integration, or Asian bodywork therapy, the fine shall be $500.00;
(3)
For practicing or advertising reflexology, structural integration, or
Asian bodywork therapy without a license, the fine shall be $500.00;
(4)
For failure to implement and maintain a directed plan of correction, the
fine shall be $200.00 per violation;
(5) For
failure to cooperate during an investigation, the fine shall be $750.00;
(6)
For committing an act or acts of inappropriate sexual contact, the fine
shall be $750.00 for the first offense;
(7)
For committing an act or acts of inappropriate sexual contact, the fine
shall be $1,500.00 for the second offense; and
(8)
For failure to maintain national certification in accordance with RSA
328-H:10, I, the fine shall be $500.00;
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
He-P
1404.06 Waivers.
(a) Each person seeking a waiver of a specific
rule in this chapter shall submit a written request for waiver to the
commissioner which includes:
(1)
Specific reference to the rule for which a waiver is being sought;
(2)
Full explanation of why a waiver is necessary; and
(3) Full explanation of alternatives proposed
by the applicant, which shall be equally as protective of public health as the
rule from which a waiver is sought.
(b) The commissioner shall approve a request for
waiver if:
(1)
The commissioner concludes that authorizing deviation from strict
compliance with the rule for which a waiver is sought does not contradict the
intent of the rule or underlying statute; and
(2)
The alternative proposed by the applicant ensures that the objective or
intent of the rule for which a waiver is sought will be accomplished.
(c) If a waiver is approved, the subsequent
compliance with the alternatives approved in the waiver shall be considered
equivalent to complying with the rule from which waiver was sought.
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
PART He-P 1405 NATIONAL CERTIFICATION REQUIREMENTS
He-P
1405.01 National Certification
Requirements. The national
certification requirements for licensure shall be as follows:
(a) A reflexologist shall hold current
certification from the American Reflexology Certification Board;
(b) A structural integrator shall hold current
certification from the International Association of Structural Integrators or
the Rolf Institute; and
(c) An Asian bodywork therapist shall hold
current certification as a diplomate in Asian bodywork therapy from the
National Certification Commission for Acupuncture and Oriental Medicine
(NCCAOM).
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
He-P
1405.02 Maintenance of National
Certification.
(a) Practitioners shall comply with the national certifications
requirements identified in He-P 1405.01, and the requirements for maintenance
of certification as described by the issuing certification agency including but
not limited to continuing education.
(b) Practitioners shall maintain continuous
national certification during a licensure period.
(c) If a practitioner’s national certification is
revoked, suspended, or expired, the practitioner shall:
(1)
Notify the department; and
(2)
Not engage in touch therapies for compensation.
(d) Failure to maintain national certification as
required shall result in revocation in accordance with He-P 1404.04 (g) (5).
(e) Failure to maintain national certification as
required shall result in the imposition of an administrative fine in accordance
with He-P 1404.05 (d) (9).
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
PART He-P 1406 FEES
He-P
1406.01 Fees. The fees established in accordance with RSA
328-H:5,VIII(a) shall be as shown in Table 9.1 below:
Type |
Fee |
Initial license application fee |
$175.00 |
License renewal application fee |
$150.00 |
Source. #9681, eff 3-20-10, EXPIRED: 3-20-18
Appendix
Section |
Statute Implemented |
He-P 1401.01 |
RSA 328-H:2 |
He-P 1402.01 |
RSA 328-H:8, RSA 328-H:5, VIII, (d) |
He-P 1402.02 |
RSA 328-H:9, RSA 328-H:5, VIII, (d) |
He-P 1402.03 |
RSA 328-H:5, VIII, (d) |
He-P 1402.04 |
RSA 328-H:9 |
He-P 1403.01 |
RSA 328-H:6 |
He-P 1404.01 |
RSA 328-H:5 |
He-P 1404.02 |
RSA 328-H:5 |
He-P 1404.03 |
RSA 328-H:5, II, III, IV, &VIII (h)-(l), RSA 328-H:11, RSA
328-H:15 |
He-P 1404.04 |
RSA 328-H:5, II, III, IV, &VIII (h)-(l), RSA 328-H:11, RSA
328-H:15 |
He-P 1404.05 |
RSA 328-H:5, III & VIII (i), RSA 328-H:15 |
He-P 1404.06 |
RSA 328-H:5, VIII (g) |
He-P 1405.01 |
RSA 328-H:2, VII |
He-P 1405.02 |
RSA 328-H:2, VII |
He-P 1406.01 |
RSA 328-H:8, I, (c) |