New Hampshire Administrative Code

On or before June 30 of each year in which a license is due to expire, any licensee wishing to renew a license shall submit the renewal application form supplied by the board along with the fee specified by Opt 303.01 Table 303.1 and proof of completion of continuing education. N…

(a) Before May 1 of each year in which a license is due to expire, the board shall mail to every optometrist licensed in the state a renewal application pursuant to RSA 327:13. (b) The licensee shall file a renewal application form provided by the board and tender the renewal fee…

(a) A licensee who fails to renew the license before July 1 of the year in which the license expires may request reinstatement by the board. (b) If the license of an applicant applying for reinstatement of license has been lapsed for more than 30 days, the applicant for reinstate…

The board shall deny an application for renewal of a license, after providing notice to the applicant of the opportunity to be heard, in the event that the board receives information which is supported by the preponderance of the evidence that: (a) The applicant's continuing comp…

(a) Registration as an out of state contact lens dispenser shall expire on June 30 of each year unless prior to that time the board has granted renewal of the registration. (b) Any registrant wishing to renew a registration shall file the renewal application form specified in Opt…

Applicants for renewal of an out of state contact lens dispenser registration shall provide the following on a form supplied by the board: (a) Name and address of business; (b) Telephone number of business; (c) Signature of principal business owner; and (d) Any changes from the o…

(a) All Therapeutic Pharmaceutical Agents (TPA) certified licensed optometrists shall complete a minimum of 50 credit hours of approved continuing education (CE) requirements every year, at least 20 credit hours of which shall be in Class I, and the remainder of which shall be Cl…

All non-TPA certified licensed optometrists shall complete 15 hours per year of Class I credits each calendar year, 2 hours of which may be alternative CE, as defined in Opt 402.04(a)(2) and the balance shall come from formal course credit hours, as defined in Opt 402.04(a)(1). N…

(a) Continuing education shall be reported to the board annually on or before April 1 on, as applicable, a "Continuing Education Form", effective August 2017, or an "Annual Audit Continuing Education Form", effective August 2017, provided by the board. (b) The licensee shall incl…

(a) Class I continuing education credit hours shall be accumulated as follows: (1) "Formal CE" means participation in workshops, seminars, conferences, courses, and related facility based in-services, such as hospital rounds or its equivalent. Formal CE given by the American Acad…

(a) Upon approval of a continuing education course under Opt 402.04(d), the board shall issue the sponsoring organization a letter of approval. (b) The letter of approval shall contain the following information: (1) The title of the course; (2) The date(s) the course is offered; …

(a) Each licensee shall establish his or her attendance at approved formal continuing education courses by producing a certificate of attendance which, on its face, states: (1) The name, date and location of the course; (2) The name of the sponsoring entity; (3) The number of hou…

The board shall audit the documentation of continuing education of any licensee if necessary to verify the accuracy of the reported compliance. Notes N.H. Admin. Code § Opt 402.07 #6185, eff 2-16-96; ss by #7670, eff 4-4-02, EXPIRED: 4-4-10 New. #9756, eff 7-20-10 Amended by Volu…

(a) The board shall place a licensee on inactive status pursuant to RSA 332-G:7, II upon receipt of: (1) A written request; and (2) Proof of active duty service in the Armed Forces of the United States. (b) The board shall return an inactive licensee to active status upon receipt…

The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings in response to any information which reasonably suggests that a licensee has engaged in professional misconduct. Notes N.H. Admin. Code § Opt 501.01 (See Revision …

(a) Upon receipt of a completed "Consumer Complaint Form", effective August 2017, the board shall investigate the allegations contained therein as follows: (1) Conduct an informal investigation pursuant to Opt 212.01; (2) Commence a formal investigation pursuant to Opt 212.02; or…

(a) The board shall conduct such investigations as it deems necessary to investigate allegations of misconduct which come to its attention through complaints or other means. Informal investigations undertaken in accordance with the criteria set out in Opt 212.01 shall be conducte…

(a) Adjudicatory hearings of misconduct allegations shall be conducted in accordance with Opt 208. The presiding officer, shall set forth the particular scheduling and filing requirements applicable to each case and include them in a hearing order, prehearing order, or other appr…

(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) The ethical standards set forth in this part shall bind all licensees and out of state contact lens dispensers. (b) Violation of any standard set forth in this part shall constitute unprofessional conduct pursuant to RSA 327:20, II(c). (c) Conduct proscribed by these ethical …

A licensee shall: (a) Submit only truthful and correct 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 a…

An out of state contact lens dispenser shall: (a) Not sell, provide, dispense or furnish contacts lenses to recipients located in this state unless holding a current permit issued by the board; (b) Submit only truthful and accurate information in any application or other document…

(a) A licensee may surrender an active license by providing written notice to the board of such conversion. (b) Surrender or non-renewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee's professional con…

This part shall apply to the prescribing of opioids for the management or treatment of non-cancer and non-terminal pain, and shall not apply to the supervised administration of opioids in a health care setting. Notes N.H. Admin. Code § Opt 504.01 Derived from Volume XXXVII Number…

The ethical standards set forth in this part shall bind all licensees, and noncompliance with these standards shall constitute unprofessional conduct as used in NH RSA 327:20 (c), II. The board shall investigate violations of these standards and impose disciplinary sanctions for …

Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter: (a) "Acute pain" means the normal, predicted physiological response to a noxious chemical, thermal or mechanical stimulus and typically is associate…

If opioids are indicated and clinically appropriate for prescription for acute pain, prescribing licensees shall: (a) Conduct and document a physical examination and history; (b) Consider the patient's risk for opioid misuse, abuse, or diversion and prescribe for the lowest effec…

If opioids are indicated and clinically appropriate for prescription for chronic pain, prescribing licensees shall: (a) Conduct and document a history and physical examination; (b) Conduct and document a risk assessment including, but not limited to, the use of an evidence based …

(a) Prescribers required to register with the prescription drug monitoring program, or their delegate, shall query the prescription drug monitoring program to obtain a history of schedule II-IV controlled substances dispensed to a patient, prior to prescribing an initial schedule…

Licensees who prescribe medication assisted treatment shall adhere to the principles outlined in the American Society of Addiction Medicine's National Practice Guideline For the Use of Medications in the Treatment of Addiction Involving Opioid Use (2015) found at http://www.asam.…

It shall be the responsibility of the optometrist, when fitting a patient with contact lenses of any type, to provide written instructions detailing proper short-term and long-term care, and to schedule the patient for a minimum of 2 visits within 90 days following the initial fi…

The purpose of these rules is to facilitate the parole process and assist the board in making decisions which reflect the needs of the parolee and the concerns of society. These rules also set forth procedures for petitioning the board, conducting public comment hearings for rule…

"Board" means the adult parole board. Notes N.H. Admin. Code § Par 102.01 (See Revision Note at part heading for Par 102) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99; ss and moved by #7148, eff 12-7-99 (from Par 101.01) Amended by Volume XXXVII Number…

"Criminal companion" means any person with whom a parolee is associating, who has been convicted of a felony crime in the state of New Hampshire or any crime in any other jurisdiction which would have been a felony if it had been committed in New Hampshire. Notes N.H. Admin. Code…

"Executive assistant" means the executive assistant of the adult parole board appointed pursuant to RSA 651-A:5. Notes N.H. Admin. Code § Par 102.03 (See Revision Note at part heading for Par 102) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99; ss and mo…

"Inmate" means any adult committed by law to the custody of the commissioner. Notes N.H. Admin. Code § Par 102.04 (See Revision Note at part heading for Par 102) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99; ss and moved by #7148, eff 12-7-99 (formerly…

"Parolee" means any inmate sentenced to the New Hampshire state prison system who is released from the prison system by the adult parole board. Notes N.H. Admin. Code § Par 102.05 (See Revision Note at part heading for Par 102) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-9…

"Prison" means a correctional facility operated by the New Hampshire department of corrections. Notes N.H. Admin. Code § Par 102.06 #7148, eff 12-7-99 (formerly Par 101.06) Amended by Volume XXXVII Number 15, Filed April 13, 2017, Proposed by #12157, Effective 4/7/2017.

(a) Pursuant to RSA 651-A:4, I, the board has the sole authority to grant parole to a New Hampshire state prison inmate. (b) Pursuant to RSA 651-A:4, II, the board has legal custody of all persons released on parole until they receive their discharge or are recommitted to the pri…

The board is required by RSA 651-A:4, III to adopt rules relative to the parole process, including: (1) The conduct of parole hearings; (2) Criteria used to evaluate prospective parolees; (3) Conditions for the conduct of parolees; and (4) Procedures for revocation of parole and …

During parole hearings the board determines the probability that each eligible prisoner can remain at liberty without violating the law and make a successful transition from the prison to the community. Notes N.H. Admin. Code § Par 103.03 #4006, eff 2-28-86; EXPIRED 2-28-92 New. …

Complete records shall be kept on all parolees subject to the board's supervision. A verbatim recording shall be made of all hearings. Those recordings shall be retained by the executive assistant for one year following the issuance of the board's decision, and after such period …

In order to protect parolees from injurious publicity parole records shall be kept confidential. Those records shall be exempt from the provisions of the New Hampshire Right-to-Know Law by RSA 91-A:5, II. Notes N.H. Admin. Code § Par 104.02 #7148, eff 12-7-99 (from Par 103.02) Am…

The following information shall be provided in individual cases, upon specific written request by any person: (a) The dates of sentence and commitment, parole eligibility date, mandatory release date, or termination of sentence; and (b) Whether an inmate is being considered for p…

Unless ordered by a court of competent jurisdiction, there shall be no disclosure, under any circumstances, of the vote cast by an individual member of the board with respect to any particular parole or revocation decision. Notes N.H. Admin. Code § Par 104.04 #7148, eff 12-7-99 (…

All requests for information concerning the board's procedures or proceedings, and all submissions or other requests, shall be directed to: Executive Assistant Adult Parole Board PO Box 14 Concord, NH 03302-0014 (603) 271-2569 Notes N.H. Admin. Code § Par 104.05 #7148, eff 12-7-9…

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 a quorum of the board relative to the adoption, amendment, or repeal of a board rule under …