New Hampshire Administrative Code

Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward: (a) Limitation of the number of media representatives when their number together with the number of othe…

(a) Public comment hearings shall be attended by a quorum of the council. (b) Public comment hearings shall be presided over by the chair of the council or a council member knowledgeable in the subject area of the proposed rules who has been designated by the council to preside o…

(a) Any person may request a declaratory ruling by the council if that person is directly affected by RSA 326-D or by any administrative rule. (b) A request for a declaratory ruling shall be in a writing containing:(1) The name and address of the individual or entity making the r…

(a) A request for a declaratory ruling shall be accompanied by:(1) A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested; (2) A statement of the facts believed to support the ruling being requested; and (3) Supplementary ma…

(a) Within 30 days of receiving a request for a declaratory ruling the council shall advise the person requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented. (b) If additional information should be needed, the…

(a) When facts sufficient to support a declaratory ruling have been established, the council shall issue a written declaratory ruling which applies all relevant law to the established facts. (b) When the established facts show that the council lacks subject matter or personal jur…

A declaratory ruling shall apply only to the council and to the person requesting it and shall be confined to the facts presented pursuant to Mid 216.02(a)(2) - (a) (3) and in response to a request of the council made pursuant to Mid 216.03(b). Notes N.H. Admin. Code § Mid 216.05…

Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the council including: (a) The name and address of the individual making the request; or (b) If the request is that of an organizat…

The council shall, within 90 days of receiving a request in accordance with Mid 217.01, provide a written response which: (a) Concisely states the meaning of the rule adopted; (b) Concisely states the principal reasons for and against the adoption of the rule in its final form; a…

(a) "American College of Nurse-Midwives (ACNM)" means the national professional association of certified nurse-midwives and certified midwives. (b) "Certified midwife (CM)" means an individual who has been designated as a certified midwife by the Certification Council of the ACNM…

(a) An individual who wishes to be issued a first certificate to practice midwifery shall submit to the midwifery council:(1) A completed "Application Form: NH Midwifery Certification" provided by the midwifery council and described in Mid 302.03; (2) The documentation specified …

(a) Within 60 days of the receipt of the application, the midwifery council shall: (1) Review the application form and documentation for legibility and completeness; (2) Determine whether additional information or documentation is required to clarify the application or to ascerta…

On the 2-part application form the applicant shall furnish: (a) On the publicly available part of the form:(1) The applicant's name and any names previously used; (2) The date of the application; (3) The applicant's date of birth; (4) The applicant's work address; (5) The applica…

The meaning of the applicant's signature on the application form shall be the applicant's: (a) Certification that the information provided on the application form and the documentation provided to support the application are true, accurate, complete and unaltered; and (b) Acknowl…

Applicants for a first certificate to practice midwifery shall submit the following documentation at the time of application: (a) A photocopy of a high school diploma or evidence of completion of high school equivalent; (b) A photocopy of the applicant's current certificate as a …

To be eligible for initial certification an applicant shall: (a) Have completed high school or its equivalent; (b) Hold a current certificate as a CPM; (c) Have completed one college-level course in human anatomy and physiology, or received equivalent college-level credit through…

(a) An applicant for certification shall:(1) Have completed a course in birth-related laceration repairs by one of the programs listed under (b) below, as evidenced by a copy of a certificate of completion as required under Mid 302.05(h); and (2) Have performed birth-related lace…

(a) As a condition of certification, the applicant shall pass the following examinations in the order in which they are described in this section: (1) The NARM oral and written examinations for certification as a CPM; and (2) After payment of the examination fee set forth in Mid …

Notes N.H. Admin. Code § Mid 305.01 - 305.04 #7421, eff 1-3-01; ss by #9088, eff 2-20-08; rpld by #9692, eff 4-8-10

The duration of certifications and renewed certifications shall be 2 years. Notes N.H. Admin. Code § Mid 306.01 #7421, eff 1-3-01, EXPIRED: 1-3-09 New. #9691, eff 4-8-10 Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12660, Effective 11/5/2018, Expires…

No applicant for initial certification or certification based on reciprocity shall be certified before the applicant has paid the non-refundable certification fee specified in Mid 306.03. Notes N.H. Admin. Code § Mid 306.02 #7421, eff 1-3-01, EXPIRED: 1-3-09 New. #9691, eff 4-8-1…

Fees shall be as set forth in Table 3-1. Table 3-1 Fees for Examinations and Certifications Certification and Fee Category Fee New Hampshire Examination $ 20.00 Certification $110.00 Renewal of Certification $110.00 Notes N.H. Admin. Code § Mid 306.03 #7421, eff 1-3-01, EXPIRED: …

In this part, the following terms shall have the following meanings: (a) "Active practice" means the practice of midwifery as defined in RSA 326-D:2 V; (b) "Contact hour" means a unit of measure of continuing professional education or professional activity; (c) "Continuing profes…

(a) An initial or renewed certificate to practice midwifery shall be valid for 2 years if application for its renewal is made timely and completely in accordance with these rules. (b) Pursuant to RSA 326-D:11, if a renewal application is made timely and completely, the certificat…

The midwifery council shall issue a renewed certificate to practice midwifery if the applicant: (a) Has complied with the renewal application process of Mid 402.03; (b) Has completed the continuing education required by Mid 405 within the 26-month period just preceding the date o…

Any midwife wishing to renew a certificate shall submit the following materials to the midwifery council no later than 30 days before the date of expiration shown on the certificate being renewed: (a) The completed renewal application form provided by the midwifery council; (b) T…

(a) Upon receipt of an application for certificate renewal the midwifery council shall: (1) Review the application form and supporting documentation for legibility and completeness; (2) Determine whether additional information or documentation is required to clarify the applicati…

(a) An applicant for renewal of certification shall: (1) Complete the "Renewal of Midwifery Certificate" application form, effective 10/2016, furnished by the midwifery council electronically or legibly in ink; (2) Complete all sections of the renewal application form or designat…

The effect of the signature required by Mid 402.05(b) shall be that the applicant for renewal of certification: (a) States that, to the best of his or her knowledge and belief, the information provided on the renewal application form and the documentation provided to support the …

Applicants for certificate renewal shall submit the following: (a) Documentation in accordance with Mid 406 of the completion of 20 contact hours of continuing education; (b) A statement for each peer review in which the renewal applicant either participated or presented a case f…

In Mid 403 the following terms have the following meanings: (a) "Certified nurse-midwife (CNM)" means a registered nurse who has graduated from a nurse-midwifery education program accredited by the ACNM Division of Accreditation and has passed a national examination to become pro…

(a) The midwifery council shall reinstate a certificate after its lapse: (1) In accordance with Mid 403.03 if the certificate expired: a. No more than 90 days before the application for recertification; and b. The certificate lapsed when the midwife failed to apply timely and com…

The midwifery council shall reinstate a certificate expired no more than 90 days if: (a) The failure to apply timely and completely for renewal of recertification resulted from one of the following circumstances of hardship: (1) Illness or injury sufficiently serious to prevent t…

(a) For midwives not eligible for recertification under Mid 403.03, the midwifery council shall reinstate a certificate if the applicant for recertification: (1) Meets the recency of practice requirement set forth in (b) below; (2) Complies with the maintenance of competence requ…

(a) An applicant for recertification after lapse of his or her certificate shall: (1) Legibly complete the "Recertification After Lapse of the Certificate to Practice Midwifery" application form, effective 10/2016, furnished by the midwifery council; (2) Complete all sections of …

For midwives not eligible for recertification under Mid 403.04 because they do not meet the recency of practice requirements of Mid 403.04(b), the midwifery council shall reinstate a certificate if the applicant for recertification: (a) Has been provisionally certified pursuant t…

(a) The council shall provisionally certify a midwife who: (1) Has met the eligibility requirements of Mid 403.04(a); (2) Has completed the application process set forth in Mid 403.04(b); (3) Has updated his or her skills by: a. Performing the observations described in (b) below;…

(a) A provisionally certified midwife shall practice: (1) Only under supervision; and (2) Only as long as the provisional certificate is valid. (b) A provisionally certified midwife seeking full recertification shall:(1) While provisionally certified, complete the supervised prac…

(a) Supervision of a provisionally licensed midwife fulfilling the supervised practice requirements of Mid 403.08 shall be by a midwife who is a: (1) Currently certified New Hampshire midwife; or (2) Currently certified CNM with a practice consisting of out-of-hospital births. (b…

In Mid 404 the following terms shall have the following meanings: (a) "Private reprimand" means a written reprimand of a midwife by the midwifery council; and (b) "Public reprimand" means a written reprimand of a midwife by the midwifery council together with notification to New …

(a) Pursuant to RSA 326-D:8, II, misconduct shall be: (1) The practice of fraud or deceit in procuring or attempting to procure certification; (2) Conviction of any crime demonstrating unfitness to practice midwifery, as further set forth in (b) below; (3) Demonstrable gross inco…

(a) Pursuant to RSA 326-D:8, III, disciplinary measures available to the council to sanction misconduct shall be: (1) Revocation of certification; (2) Public or private reprimand; (3) Suspension, limitation, or restriction of certification, as further set forth in (b) below; and …

Other than the immediate suspension of certification authorized by RSA 541-A:30, III, the council shall impose disciplinary sanctions only: (a) After prior notice to the certificate holder in accordance with Mid 207.01 and the opportunity for the certificate holder to be heard; o…

(a) In determining which sanction or combination of sanctions to impose, the council shall: (1) First determine the nature of the act or omission constituting the misconduct done by the certificate holder; (2) Next determine whether the misconduct has one or more of the character…

(a) For eligibility to renew certification a midwife shall complete continuing education requirements by completing 20 contact hours of continuing education per renewal period in accordance with (b)-(d) below. (b) Continuing education activities shall improve or maintain a midwif…

(a) The council shall recognize as continuing education a midwife's completion of any academic or other courses, classes, seminars, workshops, and distance learning: (1) In a midwifery-related field; and (2) Accredited or given by an academic institution or other entity which is …

(a) The midwifery council shall recognize informal independent study in midwifery as continuing education. (b) Informal independent study shall include:(1) Reading midwifery-related books and journals; (2) Viewing midwifery-related videotapes, digital video discs, or live streami…