New Hampshire Administrative Code

"Working day" means any Monday through Friday, excluding days on which state offices are closed in observance of state holidays. Notes N.H. Admin. Code § Plc 402.21 Derived from Number 32, Filed August 8, 2024, Proposed by #14031, Effective 8/15/2024, Expires 8/15/2034.

"Wrap-up meeting" means a meeting between an inspector and the applicant or licensee that is conducted at the conclusion of an inspection in accordance with Plc 403.06. Notes N.H. Admin. Code § Plc 402.22 Derived from Number 32, Filed August 8, 2024, Proposed by #14031, Effective…

The purpose of this part is to establish procedures and requirements that apply to any of the inspection types covered in Plc 404 through Plc 406. Notes N.H. Admin. Code § Plc 403.01 Derived from Number 32, Filed August 8, 2024, Proposed by #14031, Effective 8/15/2024, Expires 8/…

(a) Upon being notified that an inspection is required, the assigned inspector shall: (1) Notify the applicant or licensee of the date and time of the inspection; and (2) Provide the applicant or licensee with information regarding the inspection, including: a. Identification of …

The OPLC shall make each inspection checklist available on the profession-specific page to which it relates that is accessible via the OPLC website at www.oplc.nh.gov. Notes N.H. Admin. Code § Plc 403.03 Derived from Number 32, Filed August 8, 2024, Proposed by #14031, Effective …

(a) Upon arriving at the regulated place of business to be inspected, the inspector shall present credentials that identify the inspector as an employee, representative, or official of the OPLC to the applicant or licensee and to the individual in charge of the regulated place of…

(a) Upon being presented with the inspector's credentials, the applicant or licensee or other person in charge of the regulated place of business shall allow the inspector to:(1) Enter and inspect the regulated place of business, including storage and other ancillary areas, provi…

At the conclusion of the inspection, the inspector shall meet with the applicant or licensee to: (a) Review the inspector's findings, including correcting any incorrect information; (b) Clarify any requirements that are not clear to the applicant or licensee; (c) Discuss any area…

(a) If the inspector and the applicant or licensee agree in the wrap-up meeting that some or all of the deficiencies cannot be corrected within 14 days, for instance because more than 14 days will be needed to acquire materials, contractors, permission from the owner of the premi…

(a) The inspector shall complete, sign, and date the inspection checklist prior to leaving the regulated place of business. (b) The applicant or licensee shall sign and date the inspection checklist to acknowledge its completion. (c) The signature required by (b), above, shall no…

(a) Within 3 working days of completing the inspection, the inspector shall: (1) Complete any analysis needed to establish whether the regulated place of business passed or failed the inspection; (2) Compile an inspection report as specified in (b), below; (3) Send a copy of the …

(a) If the applicant or licensee or other person in charge refuses to allow the inspector to enter and inspect the premises without good cause as described in (b), below, the inspector shall:(1) Inform the individual of the obligation to allow the inspection; (2) Advise the indiv…

The purpose of this part is to establish procedures and requirements that apply to inspections that are required as part of the process of obtaining an initial license. Notes N.H. Admin. Code § Plc 404.01 Derived from Number 32, Filed August 8, 2024, Proposed by #14031, Effective…

(a) The applicant shall make all reasonable efforts, meaning all efforts that are rational and not extreme or excessive, to allow the inspection to be completed within 30 days of the initial contact to schedule the inspection, provided that in all cases, the applicant:(1) Allows …

(a) The inspector shall conduct the inspection at the scheduled date and time, provided that if circumstances beyond the control of the inspector cause the inspector to not be able to conduct the inspection at the scheduled date and time, the inspector shall immediately contact t…

The inspector shall complete the inspection checklist and compile an inspection report as provided in Plc 403.08 and Plc 403.09. Notes N.H. Admin. Code § Plc 404.04 Derived from Number 32, Filed August 8, 2024, Proposed by #14031, Effective 8/15/2024, Expires 8/15/2034.

(a) If the regulated place of business fails an inspection required for initial licensure due to not meeting the requirements established in statute or in rules adopted by the applicable board, the applicant shall correct the deficiencies within the time frame agreed to by the ap…

(a) The inspector shall inform the licensing bureau that the regulated place of business failed the inspection if:(1) The applicant agrees to submit a DC plan but fails to submit one within 14 days of the inspection and does not request additional time to submit it pursuant to (c…

(a) The purpose of this part is to establish procedures and requirements that apply to routine inspections, which are a vital component of ensuring that public health and safety are being protected. (b) This part shall apply to all regulated professions. Notes N.H. Admin. Code § …

(a) All routine inspections shall be:(1) Scheduled as provided in Plc 403.02, unless the inspector is unable to make contact with the licensee to schedule the inspection after at least 3 attempts using the contact information on file for the licensee, in which case the inspection…

The inspector shall complete the inspection checklist and compile an inspection report as provided in Plc 403.08 and Plc 403.09. Notes N.H. Admin. Code § Plc 406.03 Derived from Number 32, Filed August 8, 2024, Proposed by #14031, Effective 8/15/2024, Expires 8/15/2034.

(a) If the regulated place of business fails a routine inspection due to not meeting the requirements established in statute or in rules adopted by the applicable board, the licensee shall correct the deficiencies within the time frame agreed to by the licensee and the inspector …

(a) A licensee who has agreed to submit a DC plan who is prevented by reasons beyond the control of the licensee from submitting the plan within 14 days of the inspection may request additional time in which to submit the plan, by contacting the inspector in writing to:(1) Explai…

(a) The purpose of this chapter is to implement a professionals' health program (PHP) in accordance with RSA 310:5, III. (b) The purpose of the PHP is to: (1) Protect the public while providing assistance and monitoring to licensees so as to facilitate a return to productive serv…

This chapter shall apply to: (a) Any individual who is required by an applicable board to receive intervention or monitoring as a condition of receiving, renewing, or retaining a license, certification, registration, or other form of approval required by law to engage in a profes…

"Applicable board" means "applicable board" as defined in Plc 302.01, reprinted in Appendix B. Notes N.H. Admin. Code § Plc 502.01 Derived from Number 24, Filed June 13, 2024, Proposed by #13971, Effective 7/1/2024, Expires 7/1/2034.

"Approved provider" means an organization that has been approved by the executive director pursuant to Plc 503 to provide case-management services, coordinate continuing care, and document appropriate illness management for treatment and monitoring plans for licensees who have or…

"Evaluative report" means a report that evaluates and reports on an approved provider's services, that includes: (a) Information on the number of participants who received services during the reporting period, the boards represented by the participants, and how many participants …

"Executive director" means the executive director of the OPLC or designee. Notes N.H. Admin. Code § Plc 502.04 Derived from Number 24, Filed June 13, 2024, Proposed by #13971, Effective 7/1/2024, Expires 7/1/2034.

"Impairment" means a condition that could cause a licensee to be unable to practice the licensee's profession in compliance with applicable professional standards and without an increased risk of harm to clients, colleagues, themselves, or the public. The term includes but is not…

"Known to the board (KTB)" as applied to a path or participant means the applicable board has ordered or agreed to a licensee's participation in a program agreement as an alternative to discipline or a condition of discipline. Notes N.H. Admin. Code § Plc 502.06 Derived from Numb…

"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 this chapter, the term includes any similar form of approval to …

"Licensed health care provider", for purposes of the definition of "program director", means a New Hampshire licensee in a profession regulated by any of the following boards: (a) Board of licensing for alcohol and other drug use professionals; (b) Board of medicine; (c) Board of…

"Licensee" means an individual who holds, or who has applied for, an initial, renewal, or reinstatement license required by law to engage in a regulated profession. Notes N.H. Admin. Code § Plc 502.09 Derived from Number 24, Filed June 13, 2024, Proposed by #13971, Effective 7/1/…

"Not known to the board (NKTB)" as applied to a path or participant means an individual can seek guidance on, or assistance with finding, treatment for an impairment or potential impairment from an approved provider without the knowledge of the applicable board or any other regul…

"Participant" means an individual who has agreed to a program agreement, whether the participation is known to the board or not known to the board. Notes N.H. Admin. Code § Plc 502.11 Derived from Number 24, Filed June 13, 2024, Proposed by #13971, Effective 7/1/2024, Expires 7/1…

"Person" means an individual or a legal entity, including but not limited to a for-profit or non-profit public or private corporation, limited liability corporation, general or limited partnership, professional corporation, and professional association. The term includes the duly…

"Personal identifiable information (PII)" means any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means. Notes N.H. Admin. Code § Plc 502.13 Derived from Number 24, F…

"Program agreement" means a document that contains all terms and conditions the participant agrees to relative to expectations, notifications, and cooperation, as well as the recommended treatment/monitoring (T/M) plan if required under Plc 503.07, and the consequences for non-co…

"Protected health information (PHI)" means any information in a medical record or designated record set that can be used to identify an individual and that was created, used, or disclosed in the course of obtaining or providing a health care service such as diagnosis or treatment…

"Program director" means a licensed health care provider as defined in Plc 502.08 who: (a) Is qualified by reason of education, skill, and experience; and (b) Has been designated by an approved provider to administer one or more program agreements. Notes N.H. Admin. Code § Plc 50…

"Regulated profession" means "regulated profession" as defined in Plc 302.25, reprinted in Appendix B. Notes N.H. Admin. Code § Plc 502.17 Derived from Number 24, Filed June 13, 2024, Proposed by #13971, Effective 7/1/2024, Expires 7/1/2034.

"Treatment/monitoring plan (T/M plan)" means a specific course of action tailored to the specific needs and circumstances of a participant who has been identified as having a treatable or modifiable condition, which may include education, intervention, ongoing care or treatment, …

"Working day" means any Monday through Friday, excluding days on which state offices are closed in observance of holidays. Notes N.H. Admin. Code § Plc 502.19 Derived from Number 24, Filed June 13, 2024, Proposed by #13971, Effective 7/1/2024, Expires 7/1/2034.

"Workplace monitor" means a supervising professional identified in a program agreement who is charged with providing oversight of a licensee's work performance and behavior in the workplace and who submits reports as provided in the program agreement. Notes N.H. Admin. Code § Plc…

The following organization shall be deemed to be an approved provider under this chapter: (a) The New Hampshire Professionals' Health Program, http://www.nhphp.org/, a New Hampshire-incorporated non-profit corporation. Notes N.H. Admin. Code § Plc 503.01 Derived from Number 24, F…

(a) Any person who believes that an entity that is not listed in Plc 503.01 as an approved provider meets the standards in Plc 503.04 may request the executive director to approve the entity as an approved provider. (b) The person requesting approval shall provide the following i…