New Hampshire Administrative Code

(a) These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings. (b) If any requirement set by these rules conflicts with an applicable statute, su…

(a) Notice of a public comment hearing concerning rulemaking shall be placed in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date. (b) At a minimum, a notice for rulemaking public comment hearings shall comply with the requirements of RS…

(a) Public comment hearings shall be open to the print and electronic media. (b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways:(1) Limit the placement of television cameras to certain locations in the hearing room; and (…

(a) The hearing shall be presided over by a moderator who shall be the board chairperson or a designee. (b) The moderator shall: (1) Call the hearing to order; (2) Cause a recording of the hearing to be made; (3) Place limits on the media to avoid disruption as set out in Acp 218…

(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list, as provided, shall be afforded r…

(a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11,VII by submitting a request to the board. (b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after considera…

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III and Acp 220.03, the board shall impose disciplinary sanctions only:(1) After prior notice and an opportunity to be heard; or (2) Pursuant to an agreed upon settlement or consent decree. (b) Actions const…

(a) Administrative fines shall be assessed in accordance with the factors stated in Acp 220.01(d), adjusted pursuant to (b) below, utilizing the following guidelines:(1) When no violation has occurred within the 5 years preceding, the standard fine assessed shall be $250 per offe…

(a) When the board receives information indicating that a licensee has engaged in dishonesty or misconduct that poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 541-A:30, III, that sets forth the alleged misconduct and immediately suspen…

(a) A licensee may surrender a license at any time. (b) Surrender or nonrenewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee's conduct while the license is still in effect. Such investigations and pro…

When the board receives notice that a licensee has been subjected to suspension or revocation of a license without subsequent reinstatement, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire. Note…

(a) Persons who wish to apply for a license to practice acupuncture in New Hampshire shall do so by submitting the following:(1) A completed "Application for Licensure" form provided by the board which contains the information specified by Acp 301.02; (2) All additional supportin…

The applicant shall supply, or cause to be supplied, the following on or with the "Acupuncture Initial License Application" form: (a) Full legal name, as well as: 1. Any previously used names that might appear on supporting documentation; and 2. If applicable, name as it is writt…

An application on file with the board pursuant to Acp 301.01(d) shall be denied if the information disclosed pursuant to Acp 301.02(n) indicates the applicant cannot be relied upon to practice competently, safely, and honestly, or adhere to the ethical and professional requiremen…

(a) An applicant shall be at the age of majority or older. (b) An applicant shall be of good professional character as evidenced by letters submitted on behalf of the applicant pursuant to Acp 301.02(p). Notes N.H. Admin. Code § Acp 302.01 #7081, eff 8-26-99; ss by #7872, eff 4-1…

(a) An applicant shall hold current, active NCCAOM certification or prior NCCAOM certification. (b) An applicant shall have successfully completed an NCCAOM approved Clean Needle Technique Course. Notes N.H. Admin. Code § Acp 302.02 #7081, eff 8-26-99; ss by #7872, eff 4-14-03; s…

(a) An applicant shall possess a baccalaureate, registered nurse, or physician's assistant degree from an accredited institution. (b) The board shall waive the requirement of a baccalaureate, RN or PA degree for an applicant provided that the applicant: (1) Has a current valid ac…

An applicant shall comply with one of the following: (a) An applicant shall have completed a post-secondary acupuncture program at a school that is: (1) Accredited or in candidacy for accreditation by ACAHM at the time the applicant graduated; or (2) Board approved pursuant to Ac…

(a) For one year from the date on which the board issues its first license, the acupuncture education requirement shall be waived for an applicant who: (1) Possesses a current valid license to practice acupuncture in another state, and that license is in good standing, verified d…

The board shall approve all acupuncture schools that are ACAHM accredited or in candidacy for such accreditation. Notes N.H. Admin. Code § Acp 303.01 #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12; New. #10158, eff 6-27-12, EXPI…

(a) A teacher of acupuncture or Asian medicine who is visiting the state for the purpose of teaching a seminar or course which will not exceed in duration a period of 30 days, and who intends to practice acupuncture in the course of that instruction shall:(1) Submit to the board,…

An intern shall be sponsored on a limited, supervised, and temporary basis if the following criteria are met: (a) The prospective intern shall be sponsored by a New Hampshire licensed acupuncturist in good standing who: (1) Submits to the board a letter of application for an inte…

(a) An intern registration shall expire after one year from date of approval, upon the intern becoming licensed as an acupuncturist under this chapter, upon completion of the internship, or termination of the intern from the program of study as described in Acp 304.02(a)(2)a., wh…

A licensee who employs assistants, whether paid or unpaid, or allows students to observe, shall be responsible for assuring that the following requirements are met: (a) Such persons shall not diagnose, develop treatment plans, or insert needles in patients; (b) If noninvasive tre…

Initial license application and license renewal fees shall be $155.00. Notes N.H. Admin. Code § Acp 306.01 #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12; New. #10158, eff 6-27-12 Amended by Volume XL Number 15, Filed April 9, 2…

Any person licensed under NH RSA 316-A as of July 1, 1997, and practicing acupuncture as of that date shall be granted an exemption to RSA 328-G:9, I, pursuant to RSA 328-G:9, VIII, provided that that person: (a) Petitions the board, in writing, for an exemption; (b) Verifies pro…

Renewal licenses shall be valid for 2 years upon approval of application submitted in a timely manner in accordance with Acp 401.02(a). Notes N.H. Admin. Code § Acp 401.01 #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12 New. #101…

(a) Any licensee wishing to renew a license shall submit the following no later than the date of license expiration: (1) A completed "License Renewal Application" form which contains the information specified by Acp 401.03; and (2) The fee specified by RSA 328-G:9, II(d). (b) Fai…

The "Acupuncture Renewal Application Form" shall require the applicant to supply the following information: (a) Legal name; (b) Residence and business addresses and telephone numbers; (c) A statement indicating whether the applicant is actively practicing acupuncture; (d) Disclos…

An application for license renewal shall be filed no sooner than 60 days before and no later than the expiration date of the applicant's license. Notes N.H. Admin. Code § Acp 401.04 #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12…

License renewal shall be denied if, after notice and an opportunity for hearing, there is a preponderance of the evidence to establish: (a) Noncompliance with the continuing education requirement of Acp 402.01, notwithstanding the provisions of Acp 402.03(a); (b) Failure to furni…

(a) Each licensee shall complete 30 board approved units of Professional Development Activities (PDA) for each 2-year renewal period by: (1) Completing 30 continuing education units at approved institutions as described in Acp 402.05(a) or as approved by the board as described in…

(a) An applicant for license renewal who has not completed 30 CEUs for the preceding biennium: (1) Shall file a petition with the board prior to the date of license expiration which proposes a specific timetable for completing specified courses or activities to correct the CEU de…

(a) The following shall be considered board approved continuing education units: (1) PDAs meeting the criteria of Acp 402.04 and Acp 402.05(a) which include: a. Research related to the knowledge or practice of oriental medicine; b. Publication which relates to the knowledge or pr…

(a) All courses shall be relevant to the practice of acupuncture and oriental medicine and provide skills and knowledge that enhance an acupuncturist's practice including:(1) Oriental medical theory, techniques, nutrition, and herbology; (2) Western sciences such as: a. Anatomy; …

(a) The board shall automatically approve all courses related to acupuncture, Asian medicine, and general medical education that meet the requirements of Acp 402.04 and are: (1) Taught at schools that are ACAHM accredited, in candidacy, or board approved; (2) Offered for credit a…

(a) Upon approving a continuing education course, the board shall issue to the sponsoring party a letter of course approval which contains: (1) The title of the course; (2) The date(s) the course is offered; and (3) The number of continuing education hours credited. Notes N.H. Ad…

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III and Acp 403.03, the board shall impose disciplinary sanctions only: (1) After prior notice and an opportunity to be heard; or (2) Pursuant to an agreed upon settlement or consent decree. (b) Actions cons…

(a) Administrative fines shall be assessed in accordance with the factors stated in Acp 403.01(d), adjusted pursuant to (b) below, utilizing the following:(1) When no violation has occurred within the 5 years preceding, the standard fine assessed shall be $250 per offense; (2) Wh…

(a) When the board receives information indicating that a licensee has engaged in dishonesty or misconduct that poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 541-A:30, III, that sets forth the alleged misconduct and immediately suspen…

(a) A licensee may surrender a license at any time. (b) Surrender or nonrenewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee's conduct while the license is still in effect. Such investigations and pro…

When the board receives notice that a licensee has been subjected to suspension or revocation of a license without subsequent reinstatement, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire. Note…

The purpose of this chapter is to define the responsibilities of licensees and to establish the parameters of professional and ethical conduct within the acupuncture profession. Notes N.H. Admin. Code § Acp 501.01 #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERI…

(a) A licensee shall comply with all applicable rules adopted by the board. (b) A licensee shall submit only truthful and correct information, to the best of the licensee's knowledge and belief, in any application or other document filed with or statement made to the board. (c) A…

(a) The ethical standards set forth in this part shall bind all licensees, and violation of any such standard shall be a basis for imposing disciplinary sanctions. (b) Conduct proscribed by these ethical standards shall be grounds for establishing that a person is in violation of…

(a) A licensee shall adhere to the code of ethics required as a condition of NCCAOM certification, pursuant to 328-G:9, II(b). (b) A licensee shall also adhere to the following standards:(1) A licensee shall provide honest and accurate information in medical reports; (2) A licens…

(a) "Acupressure" means a non-invasive treatment approach utilizing the same underlying diagnostic model as acupuncture but treating the appropriate points with pressure. (b) "Amma" means a system of body work therapy which employs a wide variety of massage techniques, manipulati…