New Hampshire Administrative Code

To be eligible for renewal of a nurse agency registration, a person shall: (a) Meet the qualifications stated in Plc 1603.01; (b) Have paid all administrative and civil penalties imposed, if any; and (c) Meet the eligibility for renewal criteria specified in Plc 308.02, as applic…

(a) At least 60 days prior to the expiration of a registration issued pursuant to RSA 326-M and Plc 1600, the licensing bureau shall:(1) Notify, in writing to the email address on file, each registrant whose registration is expiring that:a. The registration is due to expire; and …

A nurse agency that wishes to renew a registration shall submit the following to the licensing bureau: (a) A completed "Universal Application to Renew License" dated April 2024, together with the "Nurse Agency Registration Supplement to Universal Application to Renew License" dat…

In addition to the information required by Plc 308.06, the applicant for renewal of a nurse agency registration shall provide the following information: (a) The estimated number of licensed medical personnel the applicant expects to have available for assignments to clients, as a…

In addition to the attestation required by Plc 308.08, 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…

Within 30 days of receipt of an application for registration renewal submitted pursuant to Plc 1605.03, the licensing bureau shall process the application as provided in Plc 308.09. Notes N.H. Admin. Code § Plc 1605.06 Derived from Number 15, Filed April 11, 2024, Proposed by #13…

(a) An applicant may withdraw the application for registration renewal as specified in Plc 308.10 at any time prior to being notified of a decision under Plc 1605.08. (b) A renewal application shall be deemed to be abandoned if the applicant files an incomplete application and do…

(a) The licensing bureau shall review complete applications as provided in Plc 308.11 and RSA 541-A:29, II. (b) The licensing bureau shall issue a renewal registration if the applicant: (1) Has submitted a renewal application in accordance with Plc 1605.03; and (2) Demonstrates t…

(a) Each renewal registration to operate as a nurse agency issued by the OPLC shall specify: (1) The name of the registrant; (2) The effective dates of the registration; and (3) The registration number. (b) Registrations shall:(1) Be valid for 2 years from the date of issuance, p…

An applicant who wishes to challenge the denial of an application for registration renewal shall do so as provided in Plc 308.12. Notes N.H. Admin. Code § Plc 1605.10 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5/6/2024, Expires 5/6/2034.

The procedures in Plc 312 shall govern the reinstatement of a registration after expiration. Notes N.H. Admin. Code § Plc 1605.11 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5/6/2024, Expires 5/6/2034.

The procedures in Plc 312 shall govern the reinstatement of a registration after suspension or revocation. Notes N.H. Admin. Code § Plc 1605.12 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5/6/2024, Expires 5/6/2034.

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

All nurse agencies shall adhere to the standards established in RSA 326-M:3 for contracts between nurse agencies and health care facilities, as summarized below: (a) Nurse agencies shall not commit the services of a single nurse or licensed nursing assistant to more than one heal…

Each person subject to this chapter shall: (a) Comply with RSA 326-M, Plc 307.04 relative to obligations of persons subject to these rules, and Plc 1600; (b) Comply with any disciplinary or remedial orders issued by the executive director within the time periods specified; (c) In…

(a) The rules in Plc 200 and Plc 310 shall govern:(1) The receipt of misconduct complaints and the investigation thereof; and (2) The conduct of disciplinary hearings. (b) The rules in Plc 200 shall govern:(1) The conduct of all other adjudicative and non-adjudicative proceedings…

The procedures in Plc 311 shall govern disciplinary and non-disciplinary remedial proceedings and imposing license conditions. Notes N.H. Admin. Code § Plc 1607.02 Derived from Number 15, Filed April 11, 2024, Proposed by #13914, Effective 5/6/2024, Expires 5/6/2034.

(a) As provided in RSA 310:14, I: (1) Any person who has been denied a registration under this chapter shall have the right to a rehearing; and (2) Requests for a rehearing shall be made within 30 days of receipt of the original final decision. (b) Pursuant to RSA 310:14, II, any…

(a) Each registrant shall:(1) Notify the licensing bureau within 10 working days when a change of name occurs; and (2) Update the OPLC's records within 10 working days when a change of contact information occurs. (b) Each registrant shall know, and have available in the registran…

(a) The purpose of the various proceedings that are governed by this chapter is to acquire sufficient information to make fair and reasoned decisions on matters within the statutory jurisdiction of the office of professional licensure and certification (OPLC) or the board underta…

(a) The definitions in Plc 202 and rules in Plc 203 shall apply to all administrative proceedings conducted by the OPLC or a board, as described in Plc 204 through Plc 212, and shall be in addition to applicable requirements of RSA 541-A and the rules set forth in Plc 204 through…

All terms used in these rules relative to procedures, applications, inspections, and fees that are defined in Plc 100, Plc 300, Plc 400, or Plc 1000 shall have the meaning specified in those chapters. Notes N.H. Admin. Code § Plc 201.03 Derived from Number 50, Filed December 12, …

"Adjudicative proceeding" means "adjudicative proceeding" as defined in RSA 541-A:1, I, reprinted in Appendix B. The term includes "disciplinary proceeding", "emergency proceeding", and "licensing proceeding". Notes N.H. Admin. Code § Plc 202.01 Derived from Volume XXXIX Number 3…

"Appearance" means a written notification to the OPLC or a board that a person or a person's representative intends to actively participate in a proceeding. Notes N.H. Admin. Code § Plc 202.02 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Ef…

"Complainant", for purposes of providing the opportunity for comment required by RSA 310:10, VIII(a), means the individual who originally filed the complaint that led to the disciplinary proceeding that is proposed to be settled by agreement. The term does not include any person …

"Complaint" means a communication of alleged misconduct containing information that, if true, could violate ethical codes or other applicable law. The term does not include reports of malpractice claims, insurance claims, or disciplinary action(s) in another jurisdiction. Notes N…

"Data" means all information relevant to an investigation, including but not limited to: (a) Oral or written descriptions provided by a complainant or witness; (b) Reports obtained in the course of the investigation; (c) Maps, charts, drawings, and photographs obtained or created…

"Disciplinary proceeding" means an adjudicative proceeding commenced by the OPLC or a board for the purpose of determining whether to suspend, revoke, refuse to renew a license based on alleged misconduct, or impose any other sanction(s). The term includes proceedings conducted p…

"Emergency proceeding" means a disciplinary or non-disciplinary remedial proceeding initiated by a board pursuant to RSA 541-A:30, III, or pursuant to the board's practice act if applicable, to address a threat to public health, safety, or welfare that requires emergency action. …

"Enforcement division" means the division of enforcement of the OPLC established by RSA 310:2, II. Notes N.H. Admin. Code § Plc 202.08 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022. Amended by Number 2, Filed January 11, 2…

"File", as a verb, means to place a document in the actual possession of the OPLC or a board. Notes N.H. Admin. Code § Plc 202.09 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022. Amended by Number 2, Filed January 11, 2024, …

"Filed electronically", for other than applications for a license and related documents that can be filed using the on-line licensing portal, means a document was sent to the OPLC by: (a) Using the electronic filing system available at for those processes having forms at that por…

"Hearing" means a component of a proceeding, through which the OPLC or a board receives testimony, evidence, arguments, or comments, or any combination thereof, regardless of whether all participants are at the hearing in person or not. Notes N.H. Admin. Code § Plc 202.11 Derived…

"Intervenor" means a person allowed by the presiding officer to intervene in an adjudicative proceeding pursuant to RSA 541-A:32. Notes N.H. Admin. Code § Plc 202.12 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022. Amended b…

"Licensing proceeding" means a proceeding conducted to determine whether an applicant meets the qualifications established in applicable law for licensure. The term does not include any disciplinary proceeding. Notes N.H. Admin. Code § Plc 202.13 Derived from (See Revision Note a…

"Motion" means any request to the presiding officer in an existing case for an order or ruling directing some act to be done in favor of the participant making the motion, including a statement of justification or reason(s) for the request. The term does not include "petition". N…

"Non-disciplinary remedial proceeding" means an adjudicative proceeding commenced by a board for the purpose of determining whether a licensee is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Notes N.H. Admin.…

"Oral adjudicative hearing" means a trial-type hearing that is part of an adjudicative proceeding and is held at a specific time for the purpose of receiving live testimony from witnesses, together with any evidence and argument that is presented, regardless of whether all partic…

"Oral public hearing" means a legislative-type hearing that is part of a non-adjudicative proceeding, that is held for the purpose of receiving oral or written comments, or both, from the public, regardless of whether all participants are at the hearing in person or not. Notes N.…

"Order" means a document issued by the presiding officer or a board to: (a) Establish procedures to be followed in an adjudicative or non-adjudicative proceeding; (b) Grant or deny a petition or motion; (c) Require a person to do something, or to abstain from doing something, as …

"Participant" means: (a) For an adjudicative proceeding, a respondent, respondent's representative, intervenor, intervenor's representative, or prosecutor for that adjudicative proceeding; or (b) For a non-adjudicative proceeding, any person who attends or otherwise participates …

"Participants" means: (a) For an adjudicative proceeding, all respondent(s), respondent's representative(s), intervenor(s), intervenor's representative(s), and prosecutor(s) for that adjudicative proceeding; or (b) For a non-adjudicative proceeding, the collective group of indivi…

"Petition" means any request to the OPLC or a board seeking an order or any other action for relief other than a license application or a motion. Notes N.H. Admin. Code § Plc 202.21 Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4…

"Presiding officer" means the individual who has been designated: (a) By the OPLC to preside over some or all aspects of an adjudicative proceeding, including licensing proceedings; or (b) By a board to preside over some or all aspects of a non-adjudicative proceeding. Notes N.H.…

"Proceeding" means the totality of the handling of a matter, including the initiation, review, hearing, decision, and, if applicable, reconsideration or rehearing of the matter. A proceeding can be either adjudicative or non-adjudicative. Notes N.H. Admin. Code § Plc 202.23 Deriv…

"Prosecutor" means the individual appointed by the OPLC to present the evidence collected in an investigation in a proceeding arising from allegations of licensee misconduct or unlicensed practice. The term includes "administrative prosecutor". Notes N.H. Admin. Code § Plc 202.24…

"Respondent" means: (a) For purposes of a disciplinary proceeding, the person who holds the license or who has applied for renewal of a license; (b) For purposes of an administrative fine proceeding, the person against whom the board proposes to impose an administrative fine; or …