New Hampshire Administrative Code

(a) As authorized by RSA 161-F:10-19 the LTCO and LTCOR shall: (1) Elicit, receive, identify, respond to, and resolve complaints; (2) Investigate the complaints of residents or complainants; (3) Document investigations in a case file related to each complaint; (4) Document and in…

(a) During the complaint intake process the OLTCO shall request the following information: (1) The complainant's identifying information, including:a.The name of the complainant or the entity; and b.The address and telephone number of the complainant or the entity; (2) The reside…

(a) The OLTCO shall keep all complainant and resident identifying information confidential, except as otherwise provided in RSA 161-F and Omb 400. (b) The OLTCO shall seek permission to reveal resident or complainant's identifying information as necessary to fully investigate the…

(a) If an LTCOR personally witnesses suspected abuse, gross neglect, or exploitation of a resident, the LTCOR shall seek informed consent from the resident to disclose what the LTCOR witnessed pursuant to Omb 404.01(d) above. If the LTCOR cannot obtain such consent, he or she sha…

(a) When access to a resident's record is necessary to investigate the allegations in a complaint, the OLTCO shall seek the resident's informed consent or determine that such inspection is necessary pursuant to RSA 161-F:14. (b) If a personal patient representative or legal repre…

(a) Prior to referring a complaint, the OLTCO shall either obtain informed consent or determine that disclosure is necessary pursuant to RSA 161-F:14, Omb 404.01(e), Omb 405.01(g), or Omb 404.02. If the OLTCO cannot obtain informed consent or disclosure is not necessary, then it …

(a) Cases and case files shall only be opened by LTCO for complaints investigated by the OLTCO. (b) During the course of the investigation, the LTCO or LTCO designee shall:(1) Personally discuss the complaint with the resident, or if the resident is unable to communicate, with th…

(a) The LTCO shall review all information and documentation gathered during the investigation in order to determine whether a complaint is verified by a preponderance of the evidence. (b) The complaint shall be determined verified if the incident or situation described in the com…

(a) When a complaint has been investigated, and a determination made, the LTCO or LTCOR shall notify the resident or the resident's other legal representative. Upon request of any agency and if the resident gives oral or written consent, the LTCO or LTCOR shall notify the agency …

The LTCO or LTCOR shall make follow-up visits to the facility where the complaint arose as necessary to help ensure that the complaint remains resolved to the resident's satisfaction. Notes N.H. Admin. Code § Omb 405.04 Derived From Volume XXXVII Number 41, Filed October 12, 2017…

(a) Pursuant to RSA 161-F:15, RSA 151:21, VI retaliation, or the threat of retaliation, against any person or resident who has made a report or complaint with the OLTCO shall be prohibited. (b) If staff or certified ombudsman volunteer representative (COVR) of the OLTCO believe t…

(a) All case records shall be held in a secure location and shall be accessible only to the LTCO and LTCOR pursuant to RSA 161-F:13, II. (b) All case information related to complaints that are verified shall be retained for 3 years following completion of the investigation or the…

(a) The LTCO shall disclose case records or information about complaints or cases pursuant to RSA 161-F:13, II, if:(1) The resident provides informed consent to disclosing the record; (2) The resident's personal patient representative or legal representative may provide informed …

(a) The LTCO shall delegate the powers and duties described in RSA 161-F:10-19, to LTCOR, and certified ombudsman volunteer representatives (COVR). (b) All LTCOR and COVR shall: (1) Successfully complete a training program designed and offered by the LTCO or designee; and (2) Be …

(a) The LTCO, LTCOR, and COVR shall be free from a conflict of interest with a facility or resident of a facility as defined in RSA 161-F:11, V. (b) The LTCO shall implement procedures to prevent a conflict of interest between LTCOR, or COVR responding to or investigating a compl…

(a) The LTCO shall file the National Ombudsman Reporting System (NORS) report, detailing the activities of program during the preceding federal fiscal year, October 1 - September 30, "Annual Report" as required by RSA 161-F:17, II and applicable federal law. (b) After certificati…

(a) The LTCO shall establish an advisory committee pursuant to RSA 161-F:13 (c), I. Members of the advisory committee shall be appointed by the LTCO. (b) The LTCO shall determine the duration of appointment for each member of the advisory committee. Notes N.H. Admin. Code § Omb 4…

(a) The LTCO shall maintain a certified ombudsman volunteer program. Individuals seeking to become a certified ombudsman volunteer representative (COVR) shall: (1) Complete and submit to the OLTCO a signed application form "Long-term Care Ombudsman Volunteer Application Form" (Ju…

(a) COVR shall be supervised by a staff member who is also a LTCOR. (b) COVR shall meet with a supervisor to review assigned complaints and establish an outline for the investigation. (c) COVR shall successfully complete continuing education training as approved by the LTCO. Note…

The rules of this title implement the following authority and responsibilities of the Board of Optometry: (a) Examination and licensing of optometrists; (b) Oversight and discipline of licensees; (c) Development of ethical and other professional standards to be followed by licens…

As used in these rules, the following terms shall have the meanings indicated: (a) "Administrative assistant" means the board's staff director, a person with delegated authority from the board. (b) "Board" means the New Hampshire board of optometry created by RSA 327:2. (c) "Lice…

(a) The board shall consist of 5 members who meet the eligibility requirements of RSA 327:2. (b) In January of each year, the board shall elect one member to serve as president and one member to serve as secretary for the coming year. (c) The president and secretary shall serve n…

The board shall designate an administrative assistant and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board's day-to-day operations. Notes N.H. Admin. Code § Opt 103.02 (See Revision Note at…

(a) The board's offices are located at: 2 Industrial Park Drive Concord , NH 03301 (b) The offices are open to the public Monday through Friday, excluding state legal holidays, from 8:00 a.m. to 4:00 p.m. (c) Correspondence shall be addressed to the board at the location stated i…

Minutes shall be kept of all board meetings and all official actions taken by the board. These minutes shall record those members who participate in each vote and shall separately record the position of any members who choose to dissent, abstain or concur. Board minutes shall be …

Persons desiring copies of board records shall submit a request which shall identify as particularly as possible the information being sought and which agrees to pay the board's actual cost of copying such information. If records are requested which contain both public and confid…

The board shall meet 6 times a year and at such additional times as shall be called for by the president or by vote of the board. Notes N.H. Admin. Code § Opt 105.01 (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00 New. #7325, eff 7-28-00

A quorum shall be required to hold a meeting, conduct a hearing or receive information of any kind, and final action shall be taken only by the affirmative vote of a majority of the board members eligible to participate in the matter in question. A member of the board would not b…

(a) The board shall, during a public or an executive meeting, as is appropriate under RSA 9l-A and the circumstances of the case, instruct its staff or a committee of the board to prepare documents, subject to the final review and approval of the board. Such instructions shall be…

(a) A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board. (b) When expressly authorized by the board, the authority of a committee shall include: (1) …

The Plc 200 rules shall govern with regards to all procedures for: (a) Adjudicatory proceedings; (b) Rulemaking submissions, considerations, and dispositions of rule making petitions; (c) Public comment hearings; (d) Declaratory rulings; (d) All statements of policy and interpret…

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board. (b) Individuals…

(a) Any person who is not licensed as an optometrist in any state or other jurisdiction and who wishes to apply for a license in New Hampshire shall do so by submitting an application provided by the board which contains the information specified by Opt 301.02, and the applicatio…

Applicant's for licensure shall provide, or cause to be provided, the following on a "Application for Licensure" form, effective August 2017, supplied by the board: (a) The applicant's full name and address; (b) Birth date, place of birth, and social security number; (c) The name…

(a) Each applicant for licensure shall have completed a minimum of 2 years at a college of arts and sciences. (b) Each applicant shall have graduated from an optometry college which requires a minimum of 4 years of training and is accredited by an established accrediting body rec…

An application shall be denied if: (a) The applicant, or someone acting on the applicant's behalf, has submitted false information to the board which is material to the board's assessment of the applicant's qualifications for licensure, or has neglected to disclose information wh…

(a) An application shall be denied unless the applicant passes the NBEO Exam, parts I, II and III which shall be administered by the NBEO or any successor agency designated by the board. The applicant shall make arrangements to have the NBEO send the scores directly to the board.…

(a) An application shall be denied unless the applicant successfully passes a clinical proficiency examination given by NBEO, NERCOATS or its successor. (b) The clinical proficiency examination shall require the applicant to demonstrate clinical proficiency in, but not limited to…

The New Hampshire law exam shall be administered by the board by appointment at the board's regularly scheduled meeting held at the board's office in Concord. Notes N.H. Admin. Code § Opt 301.07 (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00 …

(a) No optometrist licensed in New Hampshire shall utilize any pharmaceutical agents unless therapeutic pharmaceutical agent (TPA) or therapeutic pharmaceutical agent/glaucoma (TPA/G) certification has been issued by the board. (b) Optometrists licensed in New Hampshire shall dis…

(a) In order to obtain TPA certification any optometrist licensed in New Hampshire prior to January 1, 1993 shall file an "Application for Therapeutic Certification" form, effective August 2017, with the board. (b) The application shall include the following:(1) The name and New …

(a) Any person wishing to apply for an optometry license based upon possession of a current and valid license from a jurisdiction which meets the requirements of Opt 302.04(a)(2) shall do so by submitting an "Application for Licensure" form, effective August 2017, provided by the…

Each applicant for licensure by endorsement shall meet the requirements of Opt 301.01, and provide the following additional information: (a) A chronological record of the applicant's professional practice from the date of first licensure in any jurisdiction, including the name an…

Applicants for licensure by endorsement shall take and pass the written exam as defined in Opt 301.05(b). Notes N.H. Admin. Code § Opt 302.03 (See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00 New. #7433, eff 1-25-01, EXPIRED: 1-25-09 New. #9558,…

(a) An application shall be denied if the applicant does not demonstrate that: (1) He or she holds a valid and current license from another state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico; and (2) The licensing standards of the…

The fees required by the board under RSA 327 shall be as set forth in Table 303.1 Fee Schedule below. Table 303.1 Fee Schedule Initial Application Fee $300.00 Biennial Renewal Application Fee $300.00 Reinstatement of License Pursuant to RSA 327:13-a. $300.00 Application Fee for T…

Applicants for registration of an out of state contact lens dispenser shall pay the registration fee specified in Opt 303.01 and provide the following on a "Application for Registration as an Out of State Contact Lens Dispenser" form, effective August 2017, supplied by the board:…