New Hampshire Administrative Code

(a) At least 60 days prior to the expiration of a license issued pursuant to RSA 326-E and Plc 1500 or rules of the predecessor board, the licensing bureau shall: (1) Notify, in writing to the licensee's designated email address, each licensee whose license is expiring that: a. T…

A licensee who wishes to renew the license shall submit to the licensing bureau: (a) A completed "Universal Application to Renew License" dated April 2023, as tailored for respiratory care licenses, that provides the information required by Plc 308.06 and is signed and attested t…

In addition to the information and documentation required by Plc 308.07, the applicant shall submit documentation of current NBRC credential(s). Notes N.H. Admin. Code § Plc 1508.04 Derived from Volume XLII Number 49, Filed December 8, 2022, (See Revision Note at chapter heading …

(a) An applicant for renewal of a respiratory care practitioner license shall provide the following information relative to continuing competence: (1) The total number of hours achieved by the applicant in continuing professional education courses or professional activities since…

Within 30 days of receipt of an application for license renewal submitted pursuant to Plc 1508.03, the licensing bureau shall process the application as provided in Plc 308.09. Notes N.H. Admin. Code § Plc 1508.06 Derived from Volume XLII Number 49, Filed December 8, 2022, (See R…

(a) An applicant may withdraw an application for license renewal at any time prior to being notified of a decision under Plc 1508.08 as specified in Plc 308.10. (b) A renewal application shall be deemed to be abandoned if the applicant files an incomplete application and does not…

(a) The licensing bureau shall review complete applications as provided in Plc 308.11. (b) The licensing bureau shall issue a renewal license if the applicant: (1) Has submitted a renewal application in accordance with Plc 1508.03 that shows that the applicant meets the requireme…

An applicant who wishes to challenge the conditional denial of an application for license renewal shall do so as provided in Plc 308.12. Notes N.H. Admin. Code § Plc 1508.09 Derived from Volume XLII Number 49, Filed December 8, 2022, (See Revision Note at chapter heading for Plc …

(a) Each renewal license to practice respiratory care issued by the OPLC shall specify: (1) The name of the licensee; (2) The effective dates of the license; and (3) The license number. (b) Renewal licenses shall:(1) Be valid for 2 years, provided that the timely filing of a comp…

(a) If a complete application for renewal is not received prior to the expiration date of the license, the license shall be expired pursuant to RSA 310-A:1-h, IV. (b) An individual whose license has expired shall not practice in New Hampshire unless and until the individual has o…

(a) An individual whose license was suspended pursuant to Plc 1510, or whose license was suspended by the New Hampshire respiratory care practitioners governing board prior to July 19, 2022, who wishes to have the license reinstated shall: (1) If the request is made before the ex…

(a) The standards in this part shall apply to each individual who applies to be licensed under RSA 326-E or who is licensed under RSA 326-E. (b) Violations of these standards shall constitute unprofessional conduct that subjects the violator to disciplinary proceedings pursuant t…

Respiratory care practitioners licensed to practice in New Hampshire shall adhere to the AARC Statement of Ethics and Professional Conduct revised 04/15, available as noted in Appendix B. Notes N.H. Admin. Code § Plc 1509.02 Derived from Volume XLII Number 49, Filed December 8, 2…

Each individual to whom these standards apply shall: (a) Comply with RSA 326-E, Plc 307.04 as effective May 1, 2023, reprinted in Appendix D, and Plc 1500; (b) Obey in good faith, and within any time periods specified, any disciplinary or remedial orders issued by the executive d…

The rules in Plc 200 shall govern: (a) The receipt of misconduct complaints and the investigation thereof; (b) The conduct of disciplinary proceedings, including emergency proceedings; (c) Waivers of rules; (d) Voluntary surrender of licenses; and (e) Any other procedures not inc…

(a) If the executive director, after investigation conducted pursuant to Plc 200, determines that credible evidence exists that a licensee has violated a requirement of RSA 326-E or Plc 1500, the executive director shall initiate a disciplinary proceeding pursuant to Plc 200. (b)…

(a) If a license is suspended or revoked, the licensee shall prepare and submit a plan of correction to address each violation that provided a basis for the disciplinary proceeding. (b) The executive director shall review the submitted plan of correction and: (1) Approve the plan…

The purpose of this part is to implement RSA 326-E:9 by identifying the personnel other than licensed respiratory care practitioners who shall be authorized to manage respiratory care equipment. Notes N.H. Admin. Code § Plc 1511.01 Derived from Volume XLII Number 49, Filed Decemb…

For purposes of this part, the following definitions shall apply: (a) "Health care organization" means any organization that provides health care services, including but not limited to a hospital, urgent care facility, hospice, home healthcare agency, nursing home, medical office…

(a) A respiratory equipment technician shall, within the scope of the individual's employment: (1) Engage in the management of respiratory care equipment; and (2) Deliver respiratory care equipment to the user of the equipment, including setting up the equipment and providing cal…

Pursuant to RSA 326-E:6, I(e) a registered polysomnographic technologist shall engage in the limited scope of practice described in Plc 1512.02 only in a diagnostic laboratory or research setting. Notes N.H. Admin. Code § Plc 1512.01 Derived from Volume XLII Number 49, Filed Dece…

(a) Registered polysomnographic technologists shall monitor and record physiologic data during the evaluation of sleep-related disorders only in a diagnostic laboratory or research setting for the tasks described in paragraph (b), below. (b) Registered polysomnographic technologi…

The purpose of this chapter is to implement RSA 326-M relative to nurse agency registration, by establishing requirements for: (a) Registering with the office of professional licensure and certification (OPLC) as a nurse agency; and (b) Renewing a nurse agency registration. Notes…

(a) As stated in RSA 326-M:2, I, "beginning January 1, 2024, a nurse agency seeking to do business in the state shall submit an application to the office of professional licensure and certification." (b) This chapter shall apply to any nurse agency seeking to do business in New H…

(a) The OPLC shall send all notifications to applicants and registrants and all registrations issued pursuant to this chapter to the applicant's or registrant's designated email address. (b) All notifications and registrations sent to a designated email address for which the OPLC…

"Contact information" means: (a) For an individual, the individual's designated email address, home or other personal telephone number, home physical address, and home mailing address if not the same as the physical address; and (b) For a legal entity, the legal entity's designat…

"Cooperate" means to provide information requested by an investigator during an investigation and to answer any questions posed by the investigator in order to enable the executive director to determine compliance with RSA 326-M and Plc 1600. Notes N.H. Admin. Code § Plc 1602.02 …

"Designated email address" means the email address provided by an applicant or registrant as the address for the OPLC to use when sending notifications and licenses. Notes N.H. Admin. Code § Plc 1602.03 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5…

"Executive director" means the executive director of the OPLC or designee. Notes N.H. Admin. Code § Plc 1602.04 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5/6/2024, Expires 5/6/2034.

"Health care facility" means a facility that provides medical care that is required to be administered by licensed medical personnel. The term includes, but is not limited to, hospitals, nursing homes, extended care facilities, residential care facilities, hospice houses, and cli…

"Investigator" means an individual authorized by the executive director to conduct an investigation into allegations of potential violations by a licensee of applicable provisions in RSA 326-M or Plc 1600, or both. Notes N.H. Admin. Code § Plc 1602.06 Derived from Number 15, File…

"License" means "license" as defined in RSA 541-A:1, VIII, namely "the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law." For purposes of providing information on professional activities in other jurisd…

"Licensing bureau" means the organizational unit within the OPLC's division of licensing and board administration that is responsible for, among other duties, accepting and processing applications and issuing licenses. Notes N.H. Admin. Code § Plc 1602.08 Derived from Number 15, …

"Nurse agency" means "nurse agency" as defined in RSA 326-M:1, I, namely "any individual, firm, corporation, partnership or other legal entity that employs, assigns or refers nurses or licensed nursing assistants to a health care facility on a per diem or temporary basis for a fe…

"Person" means an individual or a legally-constituted entity, including but not limited to corporations, limited liability corporations, professional associations, and partnerships, whether general or limited. Notes N.H. Admin. Code § Plc 1602.10 Derived from Number 15, Filed Apr…

"Temporary" as used in the definition of "nurse agency" means fewer than 24 months. Notes N.H. Admin. Code § Plc 1602.11 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5/6/2024, Expires 5/6/2034.

"Same time period or shift" as used in RSA 326-M:3, I means the same or overlapping hours on the same day(s). Notes N.H. Admin. Code § Plc 1602.12 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5/6/2024, Expires 5/6/2034.

"Working day" means any Monday through Friday, excluding days on which state offices are closed in observation of holidays. Notes N.H. Admin. Code § Plc 1602.13 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5/6/2024, Expires 5/6/2034.

To qualify for registration as a nurse agency, a person shall: (a) Employ, assign, or refer nurses or licensed nursing assistants to a health care facility on a per diem or temporary basis for a fee; and (b) Not be any of the following: (1) A home health agency licensed and opera…

(a) Any person who meets the qualifications in Plc 1603.01 and wishes to operate as nurse agency in New Hampshire shall file an application for initial registration in accordance with this section. (b) The applicant shall submit the following to the licensing bureau: (1) A comple…

In addition to the information required by Plc 304.03, the applicant for an initial registration as a nurse agency shall provide the following information: (a) The estimated number of licensed medical personnel the applicant expects to have available for assignments to clients, a…

In addition to the attestation required by Plc 304.05, the applicant's signature shall constitute attestation that the applicant: (a) Has the financial resources to pay the nurses it places prior to receiving payment from the health care facility in which the nurses are placed; a…

(a) Within 30 days of receipt of an application for initial registration submitted pursuant to Plc 1603.02, the licensing bureau shall process the application as provided in Plc 304.06. (b) The application shall be subject to the abandonment provisions of Plc 304.06(h). (c) If th…

(a) An applicant may withdraw the application for registration at any time prior to being notified of a decision under Plc 1603.07, by proceeding in accordance with Plc 304.07. (b) If the application is withdrawn, the application processing and licensing fee shall not be refunded…

(a) After determining that an application is complete, the licensing bureau shall review the application to determine whether the applicant meets all criteria specified in applicable law for registration as a nurse agency. (b) The licensing bureau shall: (1) Approve or deny the a…

(a) Each initial registration as a nurse agency issued by the OPLC shall specify: (1) The name of the registrant; (2) The effective date of the registration; and (3) The registration number. (b) Initial registrations shall:(1) Be valid for 2 years from the date of issuance as pro…

An applicant who wishes to challenge the denial of an application for initial registration shall do so as provided in Plc 304.10. Notes N.H. Admin. Code § Plc 1603.09 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5/6/2024, Expires 5/6/2034.