New Hampshire Administrative Code

This purpose of this part is to establish standard procedures for conducting disciplinary or non-disciplinary remedial proceedings and imposing license conditions. Notes N.H. Admin. Code § Plc 311.01 Derived from Number 15, Filed April 13, 2023, Proposed by #13606, Effective 5/1/…

For purposes of this part, the following definitions shall apply: (a) "Applicant" means a person who has applied for a license to practice in New Hampshire, whether a temporary, initial, or renewal license, prior to a final decision being made on the application; (b) "Chronic non…

In addition to such grounds for denying an initial license application as are identified in applicable law, such as not meeting the specified requirements for the profession, the following shall constitute good cause to deny a license application: (a) The applicant owes any fees …

In addition to such grounds for suspending, revoking, or refusing to renew a license as are identified in applicable law, such as not meeting the specified requirements for the profession, the following shall constitute good cause to suspend, revoke, or refuse to renew a license:…

(a) The determination of whether to deny a license application based on alleged misconduct or to suspend, revoke, or refuse to renew a license based on alleged misconduct shall be made in accordance with the procedural rules in Plc 200 and this chapter. (b) If the respondent has …

(a) The executive director, in consultation with the applicable board, shall include conditions in a license whenever such conditions are necessary to: (1) Provide greater assurance that the licensee will comply with applicable law; or (2) Minimize the potential for harm to publi…

Misconduct shall be: (a) Any conduct identified in the RSA 310:12 or the applicable board's practice act, or both, as professional misconduct; (b) Knowingly, recklessly, or negligently providing inaccurate material information to the OPLC or applicable board or failing to provide…

(a) Subject to (b), below, if the applicable board determines, after conducting an adjudicative proceeding or upon agreement of the respondent, that the criteria established in applicable law for imposing sanctions have been met, the applicable board shall impose such sanctions a…

(a) Other than immediate license suspension authorized by RSA 541-A:30, III, or other applicable law, an applicable board shall impose disciplinary sanctions only: (1) After prior notice to the respondent in accordance with Plc 206 and the opportunity for the respondent to be hea…

(a) To determine which sanction or combination of sanctions to impose, the applicable board shall:(1) Determine the nature of the act(s) or omission(s) constituting the misconduct committed by the licensee; (2) Determine whether any aggravating or mitigating circumstances are pre…

The applicable board shall select one or more appropriate sanctions from the available sanctions by choosing the sanction(s) most likely to: (a) Protect public health and safety; (b) Prevent future misconduct by the respondent; (c) Take into account any acknowledgement of fault b…

(a) Boards are authorized by RSA 310:12, I(e) to assess administrative fines in amounts established by the board in its rules, that shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater. (…

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

(a) When the applicable board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the regulatory authority in another jurisdiction, the applicable board shall issue an order in accordance with Plc 206.06 or Plc 206.07, as a…

The burden of persuasion in cases initiated to determine whether to impose discipline based on discipline imposed against a licensee in another jurisdiction in which the licensee is licensed shall be as stated in Plc 206.24(h). Notes N.H. Admin. Code § Plc 311.15 Derived from Num…

(a) As provided in RSA 310:14, I and II, any person who has been refused a license or certification by the applicable board or who has been disciplined by the applicable board shall have the right to request or petition for rehearing within 30 days after the original final decisi…

(a) An individual licensee who fails to timely file a complete application to renew a license shall not practice in New Hampshire unless and until a license is obtained in accordance with this part and any other provisions of applicable law. (b) Any entity for which a complete ap…

To request reinstatement of an expired license not more than one year after the license expired, the former licensee shall complete the process for renewing a license specified in Plc 308, including demonstrating that the applicant has: (a) Met all continuing competence requireme…

An individual whose license has been expired more than one year who wishes to obtain a license shall: (a) Apply for initial licensure as provided in Plc 304; and (b) Comply with any additional requirements specified for reobtaining a lapsed license in applicable law, such as demo…

(a) Any license that has been suspended shall be subject to reinstatement within 30 days of the end of the specified suspension term or within one year of expiration of the suspended license, whichever is later. (b) An individual whose license was suspended who wishes to have the…

(a) Any person whose license was revoked who wishes to practice in New Hampshire shall: (1) Submit an application for initial licensure in accordance with Plc 304, including demonstrating that the applicant:a. Holds any certification(s) or other credential(s) required for licensu…

(a) The purpose of the rules in Plc 313 is to implement Laws of 2023, ch. 111, effective August 27, 2023, now codified as RSA 310:17, relative to issuing licenses to applicants who are not currently licensed in New Hampshire but are licensed in another jurisdiction that has subst…

(a) Subject to (c), below, this part shall apply to the professions and licenses regulated under the statutes and by the executive director and boards listed in Table 313-1, below: Table 313-1: Professions and Licenses for which Licensure by Endorsement is Available Profession/Li…

(a) An applicant for licensure by endorsement shall: (1) Subject to (b), below, submit the following to the licensing bureau using the portal available via www.oplc.nh.gov or, if the portal is not yet available or if submitting the application via the portal is not practicable fo…

The applicant shall identify the profession for which the application is being filed and then provide the information specified in Plc 303.04 for individuals and all applicants. Notes N.H. Admin. Code § Plc 313.04 Derived from Number 45, Filed November 9, 2023, Proposed by #13763…

At the time an applicant for a license by endorsement submits a completed license application, the applicant shall submit, or arrange for the licensing bureau to receive: (a) Primary source verification from the jurisdiction identified pursuant to Plc 304.03(d), such as a print-o…

(a) The executive director shall grant a license to each applicant who is licensed in another jurisdiction in the profession for which application is being made and who provides all items specified in Plc 313.03, including without limitation proof that the applicant holds an lice…

Each license by endorsement issued under this part shall specify: (a) The name of the licensee; (b) The profession in which the licensee is authorized to practice; (c) The expiration date of the license; and (d) The license number. Notes N.H. Admin. Code § Plc 313.07 Derived from…

(a) A license issued pursuant to this part that is not provisional shall be valid for 2 years from the date of issuance, subject to the following: (1) Timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being rene…

Upon issuance of a license or provisional license under this part, the licensee shall become subject to: (a) Plc 307 relative to licensee obligations; (b) Plc 308 relative to license renewal; (c) Plc 309 through Plc 312; and (d) The regulatory authority of the applicable board. N…

For purposes of establishing substantially similar requirements, the following definitions shall apply: (a) "Current requirements" means the requirements that are in place in the licensing jurisdiction for obtaining a license by substantive qualification as of the date an applica…

An individual who obtained licensure in a jurisdiction whose current requirements do not meet the criteria listed in the applicable section of Plc 313.13 through Plc 313.57, but who believes that the individual should be qualified based on a combination of education, training, an…

(a) Except as provided in (b), below, any applicant who is seeking licensure by endorsement based on a license issued by a foreign jurisdiction shall submit with the application an evaluation of the applicant's credentials by a member of: (1) The National Association of Credentia…

For purposes of obtaining a license by endorsement as a certified public accountant, as regulated by the board of accountancy, the current requirements of the licensing jurisdiction shall be as follows: (a) A bachelor's degree with a concentration in accounting or equivalent acce…

(a) For purposes of this section, the following definitions shall apply: (1) "NADA" means "NADA" as defined by RSA 328-G:2, XI, namely "the National Acupuncture Detoxification Association, including its predecessors and successors"; and (2) "NADA training" means "NADA training" a…

For purposes of obtaining a license by endorsement in a profession regulated by the board of licensing for alcohol and other drug use professionals, the current requirements of the licensing jurisdiction shall be as follows: (a) For a master licensed alcohol and drug counselor li…

For purposes of obtaining a license by endorsement as an architect, as regulated by the board of architects, the current requirements of the licensing jurisdiction shall be as follows: (a) A professional degree in architecture from a school accredited by the National Architectura…

(a) For purposes of this section, "board of certification" means the non-profit entity and successor entities originally incorporated in 1989 to provide a certification program for entry-level athletic trainers and recertification standards for certified athletic trainers, previo…

For purposes of obtaining a license by endorsement in a profession regulated by the board of barbering, cosmetology, and esthetics, the current requirements of the licensing jurisdiction shall be follows: (a) For a barber license, the following: (1) Graduate from a state-approved…

For purposes of obtaining a license by endorsement for a profession regulated by the executive director with the advisory board of body art practitioners, the current requirements of the licensing jurisdiction shall be as follows: (a) Complete an education, training, or apprentic…

For purposes of obtaining a license by endorsement to practice as a chiropractor, as regulated by the board of chiropractic examiners, the current requirements of the licensing jurisdiction shall be as follows: (a) For education, either: (1) Graduate from a degree-granting chirop…

For purposes of obtaining a license by endorsement as a court reporter, as regulated by the executive director with the advisory board of court reporters, the current requirements of the licensing jurisdiction shall be as follows: (a) Certification as a Registered Professional Re…

For purposes of obtaining a license by endorsement for a profession regulated by the board of dental examiners, the current requirements of the licensing jurisdiction shall be as follows: (a) For a dentist: (1) Graduate from a school for dentists recognized by the Commission On D…

For purposes of obtaining a dietitian license by endorsement, as regulated by the board of licensed dietitians, the current requirements of the licensing jurisdiction shall be as follows: (a) Pass the registered dietitian (RD) examination administered by the Commission on Dieteti…

(a) For purposes of obtaining a license by endorsement for a profession regulated by the electricians' board, the licensing jurisdiction shall use the same edition or later of the same electrical code as is used in New Hampshire, and the current requirements of the licensing juri…

For purposes of obtaining an electrologist license by endorsement, as regulated by the executive director with the electrology advisory committee, the current requirements of the licensing jurisdiction shall be as follows: (a) Graduate from a state-approved electrology education …

For purposes of obtaining a license by endorsement as a forester, as regulated by the board of licensing for foresters, the current requirements of the licensing jurisdiction shall be as follows: (a) A minimum of 2-year degree in forestry or a field deemed related by the licensin…