New Hampshire Administrative Code

(a) Upon demonstration of an urgent need, included but not limited to a facility's need for a licensed administrator, any candidate for licensure under Nuh 304 who meets all requirements as outlined in that section, and needs only to sit for the state examination, shall be provid…

This part shall not affect or abrogate the requirement that a nursing home, pursuant to RSA 151-A:2, shall have a full-time licensed administrator to operate. Notes N.H. Admin. Code § Nuh 305.01 #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10…

The OPLC shall authorize a non-transferrable emergency permit for a non-licensed person to serve as acting administrator for a maximum period of 6 months, pursuant to RSA 151-A:7, II and Nuh 305.03. Notes N.H. Admin. Code § Nuh 305.02 #1393, eff 7-1-79; ss by #2224, eff 1-1-83; s…

(a) The facility applying for the emergency permit shall petition the OPLC in writing stating the specific circumstance surrounding the need for the emergency permit. (b) The facility shall provide the following information regarding the proposed acting administrator: (1) The pro…

Any emergency permit issued under this part shall be valid for a period of 6 months and shall not be renewed. Notes N.H. Admin. Code § Nuh 305.04 #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90 New. #5097, eff 3-18-91; ss by #5326, eff 2-1…

(a) The acting administrator shall be supervised by a licensed administrator who is in good standing with the board and has at least 5 years' experience operating a licensed nursing home. (b) Any licensed administrator about to become a supervisor of an acting administrator shall…

(a) The purpose of this section is to allow persons to seek a waiver of Nuh 301.03 by establishing equivalency of experience. (b) An application by a candidate for equivalency of experience shall be made in writing, and shall set out fully the alternative experience acquired whic…

The board shall notify that applicant in writing of its determination. Notes N.H. Admin. Code § Nuh 306.02 #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90 New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED…

Candidates aggrieved by the decision of the board may petition the board in writing for a hearing. Notes N.H. Admin. Code § Nuh 306.03 #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90 New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by…

The fees as set by the board under RSA 151-A:4-a, II shall be as set forth in Table 307-1 License Fees below: Table 307-1 License Fees Type Fee Application Fee $300.00 Reinstatement application $300.00 Biannual Renewal Fee $300.00 Emergency Permit $300.00 Temporary Permit, includ…

(a) Before the end of the 2 year registration period, each licensee shall apply to the board for a new certificate of registration. (b) Such renewal application shall consist of:(1) A completed renewal form provided for such purpose by the board as specified in Nuh 401.02; (2) At…

As part of the renewal process, applicants shall submit a completed "Renewal Application" form, effective November 2017 and provided by the board. Notes N.H. Admin. Code § Nuh 401.02 #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90 New. #50…

In the event that a license is ineligible for renewal by reason of lack of continuing education unit (CEU) requirement, error, or non-payment of the renewal fee, the nursing home administrator whose license has expired shall be reinstated upon filing the "Reinstatement Applicatio…

The applicant for reinstatement shall fill out an application for reinstatement form supplied by the board and supply the following: (a) Full name of the applicant; (b) Current home address of the applicant; (c) Current place of employment of the applicant; (d) Current business a…

The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, when warranted, in response to information which reasonably suggests that a licensee has engaged in professional misconduct. Notes N.H. Admin. Code § Nuh 402.01 #…

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only: (1) After prior notice and an opportunity to be heard; or (2) Pursuant to a mutually agreed upon settlement or consent decree. (b) When the board rece…

(a) When, pursuant to Nuh 402.04, the board imposes an administrative fine for a violation of RSA 151-A or the rules promulgated pursuant thereto, the fine shall be paid within 30 days from the date the order of the board is rendered. (b) Criteria for determining the amount of th…

(a) If an administrator knowingly employs unlicensed persons, the fine shall not exceed $1000. (b) If an administrator knowingly conceals violations of RSA 151-A and these rules, the fine shall not exceed $1000. (c) If an applicant attempts to procure a license by bribery or frau…

The nursing home administrator shall be required to retain all certificates or other documented evidence of participation in an approved or accredited continuing education program or course for a period of at least 3 years. Notes N.H. Admin. Code § Nuh 403.01 #1393, eff 7-1-79; s…

All nursing home administrators shall report CEU programs or courses with a "Continuing Education Form" provided by the board by stating the following: (a) The name and home address of the nursing home administrator; (b) The home phone number of the nursing home administrator; (c…

Approval of continuing education programs shall be based upon the following standards: (a) The program shall directly relate to nursing home administration; (b) The program shall be sponsored by an accredited college or university, or a recognized state or national professional a…

All licensed nursing home administrators shall abide by the following code: (a) The administrator shall be an advocate for the total needs, personal, medical, psychological, social, and spiritual, of each individual for whom he or she is responsible; (b) The administrator shall s…

"Active in practice" means the use of nursing or nursing related knowledge, judgment and skills within a required license category. Notes N.H. Admin. Code § Nur 101.01 (See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; ss by #7736, ef…

"Advanced Practice Registered Nurse (APRN)" means a registered nurse currently licensed by the board under RSA 326-B:18. Notes N.H. Admin. Code § Nur 101.02 (See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; ss by #7736, eff 8-6-02; s…

"Board" means "board" as defined in RSA 326-B:2, II, namely "the New Hampshire board of nursing established in RSA 326-B:3." Notes N.H. Admin. Code § Nur 101.03 (See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; ss by #7736, eff 8-6-0…

"Competency" means having the integration of knowledge, judgment and skills necessary to provide safe nursing care or safely to perform nursing related activities. Notes N.H. Admin. Code § Nur 101.04 (See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #67…

"Contact hour" means a minimum of 60 minutes of organized learning. Notes N.H. Admin. Code § Nur 101.05 (See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; ss by #7736, eff 8-6-02; ss by #8777, eff 12-23-06; ss by #10296, eff 3-22-13; …

"Continuing competence" means "continuing competency" as defined by RSA 326-B:2, III, namely, "integrated learning by which a licensee gains, maintains, or refines practice knowledge, skills, and abilities through a formal education program, continuing education, or clinical prac…

"Delegatee" means the person to whom a licensed nurse delegates a task of client care. Notes N.H. Admin. Code § Nur 101.07 (See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; ss by #7736, eff 8-6-02; ss by #8777, eff 12-23-06; ss by #1…

"Delegation" means the transfer, at the discretion of the nurse, of authority for the performance of a task of client care from the licensed nurse with authority to perform the task to someone who does not otherwise have such authority. Notes N.H. Admin. Code § Nur 101.08 (See Re…

"Executive director" means the person given authority by the board to perform administrative functions for the board. Notes N.H. Admin. Code § Nur 101.09 #8777, eff 12-23-06; ss by #10296, eff 3-22-13; ss by #10569, eff 4-17-14 (from Nur 101.08) The amended version of this sectio…

"Licensed nursing assistant (LNA)" means "licensed nursing assistant" as defined in RSA 326-B:2, IV, namely, "an individual who holds a current license to provide client care under the direction of a registered nurse or licensed practical nurse." Notes N.H. Admin. Code § Nur 101.…

"Licensed practical nurse (LPN)" means "licensed practical nurse" as defined in RSA 326-B:2, V, namely, "an individual who holds a current license to practice practical nursing as defined in RSA 326-B:2, IX." Notes N.H. Admin. Code § Nur 101.11 #8777, eff 12-23-06; ss by #10296, …

"Medication nursing assistant" means a licensed nursing assistant who holds a currently valid certificate authorizing the delegation to the nursing assistant of tasks of medication administration. Notes N.H. Admin. Code § Nur 101.12 #8777, eff 12-23-06; ss by #10296, eff 3-22-13 …

"Medication nurse-reviewer" means a registered nurse approved by the board to administer a medication administration education program meeting the requirements of Nur 800. Notes N.H. Admin. Code § Nur 101.13 #8777, eff 12-23-06; ss by #10296, eff 3-22-13 (from Nur 101.12); ss by …

"Medication skills instructor" means a registered nurse approved by the board to teach in a medication administration education program meeting the requirements of Nur 900. Notes N.H. Admin. Code § Nur 101.14 #8777, eff 12-23-06; ss by #10296, eff 3-22-13 (from Nur 101.13); #ss b…

"National Council Licensure Examination (NCLEX)" means the assessment instrument developed by the National Council of State Boards of Nursing to determine the professional competency of a candidate for licensure. Notes N.H. Admin. Code § Nur 101.15 #8777, eff 12-23-06; ss by #102…

"Nursing-related activities" means "nursing-related activities" as defined by RSA 326-B:2, VIII, namely, "client care provided by a licensed nursing assistant directed by an APRN, an RN, or an LPN." Notes N.H. Admin. Code § Nur 101.16 #8777, eff 12-23-06; ss by #10296, eff 3-22-1…

"Practical nursing" means "practical nursing" as defined in RSA 326-B:2, IX, namely, "the practice of nursing as defined in RSA 326-B:2, VII by a person who: (a) Uses sound nursing judgment based on preparation, knowledge, skills, understanding, and past nursing experience. (b) W…

"Registered nurse (RN)" means "registered nurse" as defined in RSA 326-B:2, X, namely, "an individual who holds a current license to practice registered nursing as defined in XI." Notes N.H. Admin. Code § Nur 101.18 #8777, eff 12-23-06; ss by #10296, eff 3-22-13 (from Nur 101.17)…

"Registered nursing" means "registered nursing" as defined in RSA 326-B:2, XI, namely, "the application of nursing knowledge, judgment, and skill drawn from broad in-depth education in the biological, psychological, social, and physical sciences in assessing and diagnosing the he…

"Sponsoring institution" means an educational institution, public agency, non-profit organization or for-profit business offering a board-approved program in medication administration education. Notes N.H. Admin. Code § Nur 101.20 #8777, eff 12-23-06; ss by #10296, eff 3-22-13 (f…

"Stable client" means a client whose overall health status, as assessed by a licensed nurse, is at the expected baseline or with predictable or expected responses that can occur with known chronic or long term medical conditions. Notes N.H. Admin. Code § Nur 101.21 #10296, eff 3-…

"Unlicensed assistive personnel" means an unlicensed individual who functions in a complementary role to the licensed RN or LPN in providing patient care. Notes N.H. Admin. Code § Nur 101.22 #10296, eff 3-22-13; ss by #10569, eff 4-17-14 (from Nur 101.21) The amended version of t…

(a) The board of nursing consists of 11 members appointed by the governor and council, pursuant to RSA 326-B:3. (b) The board is empowered to: (1) Establish standards for nursing practice; (2) Approve nursing education programs; (3) License, and renew and reinstate the licenses o…

(a) The board is comprised of 11 members who meet the applicable eligibility requirements of RSA 326-B:3, II to VI, and are appointed pursuant to RSA 326-B:3, VIII. (b) As required by RSA 326-B:3, I, membership of the board shall include:(1) Registered nurses, of whom there are 5…

The board meets each month, if a quorum is present, or at such additional times as called for by the chairperson or by majority vote of the board. Notes N.H. Admin. Code § Nur 102.03 (See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; …