Ch 100-600

REVISION NOTE:

Document #4671, eff 9-7-89, made extensive changes to the wording, format, and structure of Chapters Ch 100 through Ch 600 of the Board of Chiropractic Examiners, particularly Section Ch 101.02, Chapter 200 and Parts Ch 303, 305, 402, and 403.

Document #4671 supersedes all prior filings for the rules of the Board. The prior filings include:

#1488, eff 11-20-79; ss by #2052, eff 6-9-82; amd by #2518, eff 10-26-83; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89

CHAPTER Ch 100 ORGANIZATIONAL RULES

PART Ch 101 PURPOSE

Ch 101.01 Purpose. These rules implement the statutory responsibilities of the New Hampshire board of chiropractic examiners created by RSA 316-A:2 which include, but are not limited to:

(a) Examination and licensure of chiropractors;

(b) Oversight and discipline of licensees; and

Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #7516, eff 6-27-01

PART Ch 102 DEFINITIONS

Ch 102.01 Definitions. The following terms shall have the meanings indicated:

(a) "Active movement" means unassisted movement.

(b) "Adjustment" means any of a wide variety of specific manual or mechanical interventions by a doctor of chiropractic directed at joints or anatomic regions that:

(1) Potentially involve the opening of a joint within its paraphysiologic zone and usually produce an associated audible "click"or "pop"; and

(2) Are made for the purpose of reducing or correcting the subluxations or structural dysfunctions of joints and muscles that are associated with neurological alterations.

(c) "Administrative assistant" means the board's staff director having delegated authority from the board to perform administrative and clerical functions for the board.

(d) "Board" means the board of chiropractic examiners created by RSA 316-A:2.

(e) "Dynamic thrust" means a force introduced by a doctor of chiropractic that causes a physiological change.

(f) "Financial interest" means an interest of a board member or employee in any matter which potentially or actually affects the financial condition of such member or employee, the spouse, child or parent of such member or employee, or a business partner or business associate of such member or employee.

(g) "Histopathology" means the pathology of the cells.

(h) "Kinesiopathology" means the pathology of movement and biomechanics.

(i) "Manipulation" means any intervention by a doctor of chiropractic directed at joints or anatomic regions for the purpose of normalizing the joint range of motion that:

(1) Utilizes active, passive and resistive movement of the body with or without the use of dynamic thrust; and

(2) Potentially includes the opening of a joint within its paraphysiologic zone, which usually produces an audible "click" or "pop".

(j) "Myopathology" means the pathology of muscles and connective tissues.

(k) "Neuropathophysiology" means the pathology and physiology of nerves and their conductive function.

(l) "Paraphysiologic zone" means the space within which a joint can move without injury.

(m) "Passive movement" means assisted movement.

(n) "Personal interest" means an interest of a board member or employee in a licensing, disciplinary or other matter directly affecting such member or employee, or directly affecting the spouse, sibling, child, grandchild, parent or grandparent of such member or employee.

(o) "Professional interest" means an interest of a board member or employee in any licensing, disciplinary or other matter affecting a business partner or business associate of such member or employee.

(p) "Resistive movement" means movement against resistance.

(q) "Subluxation" means any alteration, whether or not detected by x-rays, of the biomechanical or physiological dynamics of contiguous spinal and paraspinal structures and joints of the body which:

(1) By affecting the nervous system, results in dysfunction of the tissues innervated, which:

a. Could:

1. Vary in degree from slight to severe;

2. Appear at the site of the subluxation or anywhere along the course of the involved nerves; and

3. Include both structural and functional components; and

b. Cause:

1. Variations in kinesiopathology, neuropathophysiology, myopathology or histopathology;

2. Biomechanical or bioelectrical abnormalities; or

3. Any combination of the results mentioned in this subparagraph; and

(2) Can be detected, reduced or corrected by a doctor of chiropractic regardless of the presence or absence of symptoms or disease.

Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #7516, eff 6-27-01

PART Ch 103 AGENCY ORGANIZATION

Ch 103.01 Composition of the Board. The board consists of 5 members who meet the eligibility requirements of RSA 316-A:2.

Source. #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #7516, eff 6-27-01

Ch 103.02 Officers. The board officers shall consist of a chairperson and a vice chairperson elected by the board at a regularly scheduled board meeting, at a minimum, once every 2 years.

Source. #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #7516, eff 6-27-01; ss by #8971, eff 9-11-07; ss by #14207, eff 3-7-25

Ch 103.03 Board Member Ethics. No board member shall:

(a) Participate in any action related to the issuance of a license or disciplinary matter involving such board member or a person with whom the board member is personally or professionally associated; and

(b) Serve as an officer of a professional association which represents practitioners of any occupation or profession under the jurisdiction of the board.

Source. #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #7516, eff 6-27-01; ss by #14207, eff 3-7-25

Ch 103.04 Committees. Committees shall consist of one or more board members who are directed by the chairperson to investigate and make recommendations to the board on any matter which is within the authority of the board.

Source. #7516, eff 6-27-01

Ch 103.05 Meetings. The board shall meet quarterly, and at such additional times as may be called for by the chairperson or by vote of the board.

Source. #7516, eff 6-27-01

Ch 103.06 Minutes.

(a) Minutes shall be kept of board meetings and of official actions taken by the board.

(b) Such minutes shall record those members who participate in each vote, and shall separately record the position of members who choose to dissent, abstain or concur.

Source. #7516, eff 6-27-01

Ch 103.07 Public Attendance at Meetings. Pursuant to RSA 91-A members of the public shall have the right to attend and record all board meetings which are public sessions and not authorized by RSA 91-A:3, II to be closed to the public.

Source. #7516, eff 6-27-01

PART Ch 104 PUBLIC REQUESTS FOR INFORMATION

Ch 104.01 Office Location, Telephone Number, Number for TTY/TDD Users, and Mailing Address.

(a) The board's office is located at the office of professional licensure and certification (OPLC), 7 Eagle Square, Concord, New Hampshire.

(b) The OPLC main telephone number is (603) 271-2152.

(d) Requests for information, including board records, shall be made in accordance with Plc 103.

(e) Requests for information, written submissions to the board, and other correspondence shall be addressed as follows:

Office of Professional Licensure and Certification

Board of Chiropractic Examiners

7 Eagle Square

Concord, New Hampshire 03301-2412

Source. #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #7516, eff 6-27-01; ss by #14207, eff 3-7-25

CHAPTER Ch 200 RULES OF PRACTICE AND PROCEDURES

REVISION NOTE:

Document #13860, effective 4-1-24, repealed Part Ch 201 through Part Ch 215 in Chapter Ch 200, titled “Practice and Procedures”, and renamed the chapter as “Rules of Practice and Procedures”. Document #13860 also adopted a new Part Ch 201 titled “Applicability and Waiver of Substantive Rules”, containing Ch 201.01 titled “Rules of Practice and Procedure” and Ch 201.02 titled “Waiver of Administrative Rules.”

Document #13860 replaces all prior filings affecting the rules in the former Chapter Ch 200. The prior filings included the following documents. Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#1488, eff 11-20-79

#2052, eff 6-9-8

#2716, eff 5-17-84

#4671, eff 9-7-89

#5624, eff 5-18-93, EXPIRED: 5-18-99

#6288, eff 7-19-96

#8159, eff 9-8-04

#8160, eff 9-8-04, EXPIRED: 9-8-12 (Ch 211 only)

#10430, eff 10-5-13 (Ch 211 only)

#10431, eff 10-5-13 (Ch 215 only)

#13185, eff 4-6-21 (Ch 214.02 only)

As practice and procedure rules, the rules in Document #13860 will not expire except pursuant to RSA 541-A:17, II.

PART Ch 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

Ch 201.01 Rules of Practice and Procedure. The Plc 200 rules shall govern with regards to all procedures for:

(a) Adjudicatory proceedings;

(b) Rulemaking submissions, considerations, and dispositions of rulemaking petitions;

(d) Declaratory rulings;

(e) All statements of policy and interpretation;

(f) Explanation of adopted rules; and

(g) Voluntary surrender of licenses.

Source. (See Revision Note at chapter heading for Ch 200) #13860, eff 4-1-24

Ch 201.02 Waiver of Administrative Rules.

(a) The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board.

(b) Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

(1) The rule for which a waiver is requested;

(2) The anticipated length of time the requested waiver will be needed;

(3) The reason for requesting the waiver;

(4) Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

(5) A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

(6) The signature of the applicant.

(1) If adherence to the rule would cause the petitioner unnecessary or undue hardship;

(2) If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

(3) If enforcement of the rule would injure a third person(s); and

(4) If waiver of the rule would injure a third person(s).

(d) The board shall approve a waiver of an administrative rule request only if:

(1) Granting a waiver does not have the effect of waiving or modifying a provision of RSA 316-A;

(2) The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

(3) The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

(e) If the board, after receiving and reviewing a request for a waiver, requires further information or documentation to grant or deny the waiver, the board shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or documentation the board requires.

(f) The board shall issue a written approval or denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is required. If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

Source. (See Revision Note at chapter heading for Ch 200) #13860, eff 4-1-24

CHAPTER Ch 300 LICENSING REQUIREMENTS

PART Ch 301 DEFINITIONS

REVISION NOTE:

Document #6288, effective 7-19-96, repealed Ch 301.03 and renumbered all remaining sections of Ch 301. Document #6288 only renumbered, but did not readopt, existing sections Ch 301.03 through Ch 301.05 and, therefore, did not change their effective dates. Document #6288 renumbered and readopted existing sections Ch 301.06 through Ch 301.08 and also repealed former section Ch 301.10.

Ch 301.01 Definitions.

(a) "Notify in writing" means:

(1) Notify by written communication sent by mail to the mailing address furnished by the applicant; or

(2) Notify by electronic means using the electronic address furnished by the applicant.

(b) “National Board of Chiropractic Examiners (NBCE)” means a nonprofit organization which designs and administers an examination including written and practice components testing proficiency in chiropractic.

(c) "National provider identifier" means a unique identification number for certain health care providers issued by the national Centers for Medicare & Medicaid Services through the National Plan and Provider Enumeration System.

Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff 5-18-93; amd by #6288, eff 7-19-96 (See Revision Note at part heading for Ch 301); paragraphs (a), (b), (d)-(f) and subparagraphs (c)(1), (2), and (4) EXPIRED: 5-18-99; paragraphs (c)(3) EXPIRED: 7-19-04

New. #8187, eff 10-8-04; ss by #9357, eff 1-10-09, EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

PART Ch 302 APPLICATION PROCEDURE

Ch 302.01 Granting of Initial License. The board shall grant an initial license to practice chiropractic to any applicant who complies with the application process specified by Ch 302.02, meets the qualifications set forth in Ch 303, and has paid the license fee specified by Ch 306.01.

Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff
5-18-93, EXPIRED: 5-18-99

New. #8187, eff 10-8-04; ss by #10432, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 302.02 Application Process. Persons who wish to apply for an initial license to practice chiropractic shall do so by submitting or arranging to be submitted to the board the following material:

(a) A signed and completed “Application for a License to Practice Chiropractic” form, effective October 2017, provided by the board and which contains the information specified in Ch 302.04 and the certifications and acknowledgements specified in Ch 302.05;

(b) The attachments required by Ch 302.07;

(c) A transcript of the scores achieved by the applicant on the examinations required by Ch 304.01(a), submitted directly to the board by NBCE; and

(d) Two references from experienced doctors of chiropractic who:

(1) Use the form described in Ch 302.08; and

(2) Have the following knowledge of the applicant's competence in chiropractic:

a. In the case of an applicant whose chiropractic training was completed within 5 years of the application, actual knowledge gained in a supervisory capacity; and

b. In the case of an applicant whose chiropractic training was completed more than 5 years before the application, actual knowledge gained in any professional relationship with the applicant.

Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff
5-18-93, EXPIRED: 5-18-99

New. #8187, eff 10-8-04; ss by #10432, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 302.03 Application Processing Procedure.

(a) An application shall be effective on the date assigned by the board as the filing date.

(b) The board shall assign as the filing date of an application the date that the board has received the materials specified in Ch 302.02.

(c) If the board for the purpose of determining the applicant's qualification for licensure requires any information or documents additional to the materials submitted in compliance with Ch 302.02, it shall:

(1) So notify the applicant in writing within 60 days of the filing date; and

(2) Specify the information or documents which the applicant is required to submit.

(d) The application shall be dismissed if the applicant does not submit the additional information and documents requested pursuant to paragraph (c) above within 60 days.

(e) When the board has received the materials specified in Ch 302.02 and any additional information or documents requested pursuant to paragraph (c) above, the applicant shall be entitled, after paying the examination fee specified in Ch 306.01, to take the jurisprudence examination described in Ch 304.01(b).

Source. #1488, eff 11-20-79; ss by #2716, eff 5-17-84; ss by #3136, eff 10-18-85; ss by #4671, eff 9-7-89; ss by #5624, eff
5-18-93; ss by #6288, eff 7-19-96; EXPIRED: 7-19-04

New. #8187, eff 10-8-04; ss by #10432, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 302.04 Information Required by the Application Form. An applicant for initial licensure shall supply the following information on the “Application for a License to Practice Chiropractic” form, effective October 2017:

(a) The applicant's full name, physical address, mailing address, telephone number and e-mail address, if any;

(b) The applicant's social security number pursuant to RSA 161-B:11, VI-a, date of birth, height, weight, eye color and hair color;

(d) The applicant's physical address for the past 5 years;

(e) Whether the applicant has any physical, mental, or other condition or disability affecting the applicant's ability to practice chiropractic;

(f) Whether the applicant has any physical, mental or other condition or disability for which continuing remedial or therapeutic action is required to ensure the applicant's continuing ability to practice chiropractic;

(g) Whether the applicant uses alcohol or controlled or non-controlled drugs in a manner affecting the applicant's ability to practice chiropractic;

(h) Whether the applicant has ever been convicted of a felony or misdemeanor;

(i) If any answer to (e), (f), (g), or (h) is affirmative, a summary statement explaining the answer and specifying as applicable:

(1) The physical, mental or other condition or disability;

(2) The remedial or therapeutic action;

(3) The use of alcohol or controlled or non-controlled drugs; and

(4) The charges of which the applicant was convicted, the conviction date, and the sentence imposed or other disposition;

(j) For each post- secondary educational institution attended by the applicant, regardless of degrees earned, the following information:

(1) The name of the institution;

(2) The address of the institution;

(3) The dates of the applicant's attendance; and

(4) The degree awarded by the institution, if any;

(k) For any chiropractic college attended, its name, address, the dates attended by the applicant, and the date of the applicant's graduation;

(l) Whether the applicant currently holds, or has previously held, any professional license, certification or registration to practice any method of healing other than chiropractic;

(m) If the answer to (l) is affirmative, the type of license(s) held and the issuing jurisdiction or state;

(n) Whether the applicant currently holds, or has previously held, any license to practice chiropractic;

(o) For every license to practice chiropractic held in the past or at present:

(1) The issuing jurisdiction or state;

(2) The license date;

(3) The license number; and

(4) If applicable, the reason the applicant no longer holds the license;

(p) Whether the applicant has ever been refused:

(1) A license to practice chiropractic; or

(2) Any other professional license, certification or registration;

(q) For every refusal of a license, certification or registration as described in paragraph (p) above:

(1) The name and address of the licensing, certifying or registering body;

(2) The date of refusal; and

(3) The reason for the refusal;

(r) Whether the applicant has ever had any disciplinary action taken by any other jurisdiction against the applicant's chiropractic license or any other professional license, certification or registration;

(s) Whether, during the past 10 years there have been, or whether there are now, complaints pending, or investigations being conducted, in connection with any professional license, certification or registration previously or currently held by the applicant;

(t) Whether, to the best of the applicant's knowledge, there are currently pending any malpractice claims, settlements or judgments;

(u) Whether, in the past 10 years, any malpractice claims have been settled or resolved, or malpractice judgments issued, against the applicant; and

(v) If any answer to (r), (s), (t), or (u) is affirmative, a detailed written explanation of the circumstances.

Source. #5624, eff 5-18-93; ss by #6288, eff 7-19-96; EXPIRED: 7-19-04

New. #8187, eff 10-8-04; ss by #9357, eff 1-10-09 EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 302.05 Signature to Statement Required. An applicant for initial licensure shall sign and date the following statement preprinted on the application form:

“I herewith apply for a license to practice chiropractic in accordance with RSA 316-A and the rules of the New Hampshire Board of Chiropractic Examiners. I am the applicant identified in the application and the submitted photograph is a true likeness of me. I will notify the board in writing within 30 days of any change in the information provided in the application, even after the application has been granted and a license issued. I consent to the board's use for all purposes of the mailing and electronic addresses provided to the board in the application or thereafter. The information provided on the application form and the documentation provided to support the application are, to the best of my knowledge and belief, true, accurate, complete and unaltered. I acknowledge that, pursuant to RSA 641:3, I, the knowing making of a false statement on the application form is punishable as a misdemeanor, and, should I knowingly provide the board with any false, inaccurate, incomplete or altered information or documentation, the board has the authority to deny the application or, after a hearing, to take disciplinary action against any license issued to me.”

Source. #8187, eff 10-8-04; ss by #10433, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 302.06 Effect of Applicant’s Signature. The effect of the applicant’s signing the statement described in Ch 302.05 shall be that the applicant:

(a) States that he or she is applying for a license to practice chiropractic in accordance with RSA 316-A and the rules of the New Hampshire board of chiropractic examiners;

(b) Certifies that he or she is the individual identified in the application and that the submitted photograph is a true likeness of him or her;

(c) Promises that he or she will notify the board in writing within 30 days of any change in the information provided in the application, even after the application has been granted and a license issued;

(d) Consents to the board's use for all purposes of the mailing and electronic addresses provided to the board in the application or thereafter;

(e) Certifies that the information provided on the application form and the documentation provided to support the application are, to the best of knowledge and belief, true, accurate, complete and unaltered; and

(f) Acknowledges that, pursuant to RSA 641:3, I, the knowing making of a false statement on the application form is punishable as a misdemeanor, and that, if he or she knowingly provides the board with any false, inaccurate, incomplete or altered information or documentation, the board has the authority to deny the application or, after a hearing, to take disciplinary action against any license issued to him or her.

Source. #8187, eff 10-8-04; ss by #10433, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 302.07 Required Attachments to the Application Form. The applicant shall attach to the application form the following items:

(a) An original, recent photograph of the applicant;

(b) An official transcript from each post secondary educational institution, including chiropractic colleges, attended by the applicant; and

(c) Photocopies of any current licenses, certifications or other documents showing permission to practice chiropractic in any other state or jurisdiction;

(d) A photocopy of the chiropractic diploma;

(e) Two reference letters from practicing doctors of chiropractic, signed and dated, providing the information in Ch 302.08(a) and (b)(1) through (b)(3), or 2 reference forms completed in compliance with Ch 302.08;

(f) A current resume, that is, a curriculum vitae; and

(g) The responses to the optional informational question page on the application form, if the applicant has chosen to provide the optional information requested.

Source. #8187, eff 10-8-04; ss by #10433, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 302.08 References. References shall be provided by doctors of chiropractic either in a signed and dated letter providing the information in Ch 302.08(a) and (b)(1) through (b)(3) below or on a “Reference Letter” form, effective October 2017 and supplied by the board which:

(a) Contains the statement of the doctor of chiropractic that he or she has had the experience of supervising or knowing the applicant and that the applicant has been found by him or her to be a person of high moral character and worthy of the New Hampshire board of chiropractic examiners' recognition and confidence; and

(b) Requires the person making the statement to provide the following:

(1) His or her name, address and telephone number;

(2) The name of the applicant;

(3) The time since when he or she has supervised or known the practice of the applicant;

(4) His or her signature to the acknowledgement preprinted on the form that, pursuant to RSA 641:3, I the knowing making of a false statement on the reference form is punishable as a misdemeanor; and

(5) The date of signing of the form.

Source. #8187, eff 10-8-04; ss by #10433, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 302.09 Notice of Decision on the Application for Licensure.

(a) The board shall issue its decision on the application within 120 days of the filing date or of the date that the board is in receipt of any additional information or documents requested pursuant to Ch 302.03 (c).

(b) The board shall notify the applicant of its decision in writing.

Source. #8187, eff 10-8-04; ss by #10433 eff 10-5-13; ss by #12431, eff 12-8-17

PART Ch 303 QUALIFICATIONS FOR INITIAL LICENSURE

Ch 303.01 Qualifications. An applicant shall be qualified for initial licensure if the applicant meets the requirements set forth in this part and passes the examinations specified in Ch 304.

Source. (See Revision Note before Chapter heading Ch 100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93; amd by #6288, eff 7-19-96; intro. and paragraphs (a) & (c) EXPIRED: 5-18-99; paragraph (b) EXPIRED: 7-19-04

New. #8187, eff 10-8-04; ss by #10434, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 303.02 Experience and Educational Requirements.

(a) All applicants for initial licensure shall have:

(1) Graduated from a degree granting chiropractic college which is accredited by an established chiropractic accrediting body approved by the United States Department of Education; or

(2) Completed a chiropractic program at a chiropractic institution accredited by a regional accrediting agency approved by the United States Department of Education.

(b) An applicant who matriculated in a chiropractic school or college between January 1, 1951 and January 1, 1968 shall be a graduate of a legally chartered or incorporated school of chiropractic requiring for graduation completion of a course of study of not less than 3,600 classroom hours in 4 academic years.

(c) An applicant for initial licensure who matriculated in a chiropractic school or college after January 1, 1968 shall be a graduate of a legally chartered or incorporated school of chiropractic requiring for graduation completion of a course of study of not less than 4,000 classroom hours in 4 academic years.

Source. #8187, eff 10-8-04; ss by #10434, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 303.03 Disqualification Based on Character.

(a) An applicant shall be disqualified for initial licensure if:

(1) The applicant, or someone acting on the applicant's behalf, has knowingly submitted false information to the board in connection with the application;

(2) The applicant cannot be relied upon to practice competently and safely because of physical or mental disability or other condition or disability, or because of use of alcohol or controlled or non-controlled drugs;

(3) Evidence of disciplinary action taken against the applicant by a licensing body or a professional society or association indicates that the applicant cannot be relied upon to practice competently, safely, and honestly; or

(4) Conviction of a felony or misdemeanor indicates that the applicant cannot be relied upon to practice competently, safely, and honestly.

(b) The board shall make any investigations required to determine whether there are reasons for disqualification on the grounds specified in (a) above.

Source. #8187, eff 10-8-04; ss by #10434, eff 10-5-13; ss by #12431, eff 12-8-17

PART Ch 304 EXAMINATIONS

Ch 304.01 Examination Requirements.

(a) Before submitting an application for licensure an applicant shall have taken and passed parts I, II, III and IV of the NBCE examinations and have the scores submitted directly to the board by the NBCE.

(b) An applicant shall take and pass with a score of at least 70% correct answers a written jurisprudence examination mailed to the applicant by the board and testing knowledge of RSA 316-A and these rules.

(d) The applicant shall date and sign a statement preprinted on the jurisprudence examination which states that the applicant has read and understands RSA 316-A and the administrative rules of the board.

Source. #8187, eff 10-8-04; ss by #10435, eff 10-5-13; ss by #10434, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 304.02 Payment of Jurisprudence Examination Fee; Notification of Examination Results.

(a) The examination fee specified by Ch 306.01:

(1) Shall be paid by the applicant before the applicant takes the jurisprudence examination for the first time; and

(2) Shall entitle any applicant failing the jurisprudence examination to one re-administration of the examination.

(b) The board shall notify the applicant in writing of the results of the jurisprudence examination within 30 days of the date of the jurisprudence examination or of any re-administration of the examination.

Source. #8187, eff 10-8-04; ss by #10435, eff 10-5-13; ss by #12431, eff 12-8-17

PART Ch 305 LICENSURE BY ENDORSEMENT

Ch 305.01 Qualifications for Licensure by Endorsement. An applicant shall be qualified for licensure by endorsement if the applicant:

(a) Is currently licensed, permitted or otherwise authorized to practice chiropractic in another state or territory of the United States, the District of Columbia or the Commonwealth of Puerto Rico;

(b) Has been in active practice for at least 3 consecutive years in the licensing jurisdiction in question during the 5 years immediately preceding the application;

(d) Has already taken and passed the following parts of the NBCE examinations:

(1) Part I;

(2) Part II;

(3) Part III if the applicant was licensed after January 1, 1990; and

(4) Part IV if the applicant was licensed after January 1, 1996.

(e) Has passed the examination described in Ch 304.01(b);

(f) Is not disqualified pursuant to Ch 305.02; and

(g) Has paid the fees set forth in Ch 306.01(a) and (b).

Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 305.02 Disqualification Based on Character.

(a) An applicant for licensure by endorsement shall be disqualified if:

(1) The applicant, or someone acting on the applicant's behalf, has knowingly submitted false information to the board in connection with the application;

(4) Conviction of a felony or misdemeanor indicates that the applicant cannot be relied upon to practice competently, safely and honestly.

(b) The board shall make any investigations required to determine whether there are reasons for disqualification on the grounds specified in (a) above.

Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 305.03 Application Process. Persons who wish to apply for licensure by endorsement shall do so by submitting or arranging to be submitted to the board the following materials:

(a) A completed “Application for a License to Practice Chiropractic” form, effective October 2017 and provided by the board requiring the information specified in Ch 302.04 and a signature to the statement described in Ch 302.05;

(b) An original, recent photograph of the applicant;

(c) Photocopies of any current licenses, certifications or other documents showing permission to practice chiropractic in any jurisdiction described in Ch 305.01(a);

(d) A transcript of the scores achieved by the applicant on the examinations required by Ch 305.01(d), submitted directly to the board by NBCE; and

(e) Two references from experienced doctors of chiropractic who:

(1) Use the form or provide letters as described in Ch 302.08; and

(2) Have the following knowledge of the applicant's competence in chiropractic:

a. In the case of an applicant whose chiropractic training was completed within 5 years of the application, actual knowledge gained in a supervisory capacity; and

b. In the case of an applicant whose chiropractic training was completed more than 5 years before the application, actual knowledge gained in any professional relationship with the applicant.

Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13; ss by #12431, eff 12-8-17

Ch 305.04 Decision on the Application for Licensure by Endorsement.

(a) The board shall issue its decision on the application for licensure by endorsement within 120 days of the date that the board is in receipt of:

(1) The materials described in Ch 305.03; and

(2) Any additional information or documents the board has requested.

(b) The board shall notify the applicant of its decision in writing.

Source. #8187, eff 10-8-04; ss by #10436, eff 10-5-13; ss by #12431, eff 12-8-17

PART Ch 306 FEES

Ch 306.01 Fee Schedule. The fees set by the board pursuant to RSA 316-A:5 shall be as follows:

a. The fee for an initial license shall be $300.00;

b. The fee for biennial renewal of a license shall be $300.00; and

c. The fee for the provision of a mailing list shall be $25.00.

Source. #8187, eff 10-8-04; ss by #9450, eff 4-7-09, EXPIRED: 4-7-17

New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17

New. #12431, eff 12-8-17

CHAPTER Ch 400 CONTINUED STATUS

REVISION NOTE:

Document #13327, effective 1-21-22, adopted Ch 403 titled “Reinstatement of Licenses.” Document #13327 also renumbered, but did not readopt, the existing Part Ch 403 through Part Ch 408 as Part Ch 404 through Part Ch 409, as indicated by “renumbered by #13327” and the former rule number as indicated in the source notes for the rules in those parts.

PART Ch 401 DEFINITIONS

Ch 401.01 “Continuing education hour” means an hour that includes at least 50 minutes of active instruction and is credited by the board against the continuing education requirements set forth in Ch 404.01(a).

Source. #1488, eff 11-20-79; ss by #2052, eff 6-9-82; ss by #2716, eff 5-17-84; ss by #4671, eff 9-7-89; ss by #5624, eff
5-18-93, EXPIRED: 5-18-99

New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09, EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 401.02 “Federation of Chiropractic Licensing Boards (FCLB)” means a national non-profit organization of chiropractic regulatory boards maintaining a database containing information on both disciplinary actions taken by chiropractic regulatory boards and exclusions from medicare and medicaid reimbursement by the U.S. Department of Health & Human Services.

Source. #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09, EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 401.03 “Healthcare Integrity and Protection Data Bank (HIPD)” means a data bank created by the Secretary of the U.S. Department of Health and Human Services containing information about fraud and abuse by health care practitioners and entities.

Source. #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09 EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 401.04 “National Board of Chiropractic Examiners (NBCE)” means a nonprofit organization which designs and administers examinations including written and practice components testing proficiency in chiropractic.

Source. #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 401.05 "National provider identifier" means a unique identification number for certain health care providers issued by the national Centers for Medicare & Medicaid Services through the National Plan and Provider Enumeration System.

Source. #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09, EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 401.06 “Preparatory and complementary procedures” means procedures that are currently taught in accredited chiropractic colleges through the professional degree program or at the post-graduate level.

Source. #9358, eff 1-10-09 (from Ch 401.05), EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

PART Ch 402 RENEWAL OF LICENSE

Ch 402.01 Eligibility for License Renewal. The board shall renew the license to practice chiropractic of a renewal applicant who:

(a) Complies with the application process in Ch 402.03;

(b) Meets the continuing education requirements of Ch 404;

(d) Is not subject to licensure denial pursuant to Ch 402.09.

Source. (See Revision Note before Chapter heading Ch 100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED:
5-18-99

New. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 402.02 Expiration of License.

(a) Pursuant to RSA 316-A:19, initial and renewed licenses shall expire automatically on July 1 of each odd numbered year.

(b) An individual whose license has expired and has not been renewed shall not practice chiropractic until a new license has been issued.

Source. (See Revision Note before Chapter heading Ch 100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 402.03 Application for Renewal.

(a) Licensees wishing to renew their licenses shall submit to the office of the board before June 1 of the renewal year the following completed renewal application packet:

(1) The completed “Application for Renewal of License” form, effective October 2017, described in Ch 402.05;

(2) The signed statement described in Ch 402.06;

(3) The supporting documents specified by Ch 402.08; and

(4) Payment of the renewal fee specified by Ch 306.01.

(b) The completed renewal application packet shall be submitted no sooner than March 1 of the renewal year.

(c) The board shall waive the June 1 deadline for submission of the completed renewal application packet for the following reasons:

(1) Personal illness within 6 months prior to the June 1 deadline which is sufficiently serious to prevent the renewal applicant from engaging in his or her usual work for at least 2 consecutive weeks;

(2) Illness in the household or of a member of the immediate family within 6 months prior to the June 1 deadline which is sufficiently serious to prevent the renewal applicant from engaging in his or her usual work for at least 2 consecutive weeks;

(3) Death in the household or of a member of the immediate family within 6 months prior to the June 1 deadline;

(4) Active military duty;

(5) The destruction by fire, flood or other accidental or natural disaster, within 6 months prior to the June 1 deadline, of continuing education or other records required to complete the renewal application packet; or

(6) Failure to complete the continuing education required for renewal.

(d) To obtain a waiver of the June 1 deadline for submission of the completed renewal application packet the renewal applicant shall submit:

(1) A completed renewal application form;

(2) If the waiver is sought for any reason in (c)(1) through (c)(5) above, a written statement of the applicant's need for the waiver together with documentation of the facts establishing the need;

(3) If the waiver is sought for the reason in (c)(6) above, a note written directly on the renewal application form indicating how the renewal applicant intends to complete required continuing education in time to submit its documentation by the next to last working day of June;

(4) The renewal fee;

(5) The documents required by Ch 402.08(a) and Ch 402.08(b)(1); and

(6) The materials required by Ch 402.08(b)(2) documenting the continuing education completed to date.

(e) The waiver of the June 1 deadline for submission of the completed renewal application packet shall not extend the period for submission of such packet beyond the next-to-last working day of June.

Source. (See Revision Note before Chapter heading Ch 100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93; amd by #6288, eff 7-19-96; paragraphs (a), (b), (d)-(g) EXPIRED: 5-18-99; paragraph (c) EXPIRED: 7-19-04

New. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 402.04 Processing of Applications for Renewal.

(a) If, after review of the completed renewal application packet, the board requires any additional information the board shall:

(1) So notify the applicant within 30 days of the filing date; and

(2) Specify the information, which the applicant is required to submit.

(b) The board shall make a decision on an application for renewal within 120 days of timely receipt of the completed application packet or any information it has requested pursuant to (a) above.

(1) Its proposed decision;

(2) The reason(s) for its proposed decision; and

(3) The fact that the applicant has the right to challenge the proposed decision by requesting a hearing within 60 days of receipt of the notice.

(d) No proposed denial of an application for licensure renewal shall be final until the renewal applicant has had the opportunity to challenge the denial of the application by requesting a hearing pursuant to Ch 200 within 60 days of receipt of notice of the proposed denial.

(e) An individual whose application for license renewal has been finally denied shall be entitled to reimbursement of the renewal fee.

(f) An individual whose application for license renewal has been denied or whose license has expired shall not practice chiropractic until a new license has been issued.

Source. (See Revision Note before Chapter heading Ch 100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED:
5-18-99

New. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 402.05 Renewal Application Form. An applicant for licensure renewal shall supply the following information on the “Application for Renewal of License” form, effective October 2017:

(a) The renewal applicant's:

(1) Full name;

(2) New Hampshire license number;

(3) Business physical address and business telephone number;

(4) Residential address and residential telephone number;

(5) Mailing address, if different from business and residential addresses;

(6) E-mail address, if any;

(7) Fax number, if any;

(8) Any previously used names or maiden names;

(9) Date of birth; and

(10) National provider identifier, if known;

(b) If not previously provided to the board, the renewal applicant’s social security number, written immediately below the following preprinted statement:

"The Board of Chiropractic Examiners is required by RSA 161-B:11 to obtain your social security number for the purpose of child support enforcement. Except for its use in child support enforcement, your social security number will not be used by the Board of Chiropractic Examiners and will be held confidential."

(d) Whether the renewal applicant has any physical, mental or other condition or disability affecting the applicant's ability to practice chiropractic;

(e) Whether the renewal applicant has any physical, mental or other condition or disability for which continuing remedial or therapeutic action is required to ensure the applicant's continuing ability to practice chiropractic;

(f) Whether the renewal applicant uses alcohol or controlled or non-controlled drugs in a manner affecting the applicant's ability to practice chiropractic;

(g) Whether the renewal applicant has since last issuance or renewal of his or her New Hampshire license been convicted of a felony or misdemeanor;

(h) If the answer to (d), (e), (f), or (g) is affirmative, a summary statement explaining the answer and specifying as applicable:

(1) The physical, mental or other condition or disability;

(2) The remedial or therapeutic action;

(3) The use of alcohol or controlled or non-controlled drugs; and

(4) The charges of which the renewal applicant was convicted, the conviction date, and the sentence imposed or other disposition;

(i) Whether the renewal applicant currently holds any professional license, certification or registration to practice any method of healing other than chiropractic;

(j) If the answer to (i) is affirmative, the type of license(s), certification(s) or registration(s) held and the issuing jurisdiction or state;

(k) Whether the renewal applicant currently holds, or has been issued since last issuance or renewal of his or her New Hampshire license, any license to practice chiropractic issued by another jurisdiction;

(l) For every such license to practice chiropractic:

(1) The issuing jurisdiction or state;

(2) The license date;

(3) The license number; and

(4) If applicable, the reason the renewal applicant no longer holds the license;

(m) Whether, since last issuance or renewal of his or her New Hampshire license, there has been any disciplinary action by any other jurisdiction against the renewal applicant's chiropractic or other professional license, certification or registration;

(n) Whether there are now, or have been since last issuance or renewal of his or her New Hampshire license, complaints made or investigations conducted in connection with any professional license, certification or registration previously or currently held by the renewal applicant;

(o) Whether, to the best of the renewal applicant's knowledge, there are now, or have been since last issuance or renewal of licensure, any malpractice claims, settlements or judgments against the renewal applicant;

(p) Whether a complaint has been brought against the renewal applicant in any court or professional or business organization of which he or she is a member; and

(q) If the answer to (m), (n), (o), or (p) is affirmative, a detailed written explanation of the circumstances.

Source. (See Revision Note before Chapter heading Ch 100) #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED:
5-18-99

New. #8739, eff 10-11-06; ss by #9358, eff 1-10-09, EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 402.06 Signature to Statement Required. An applicant for renewal licensure shall sign and date the following statement preprinted on the renewal application form:

“I herewith apply for renewal of my license to practice chiropractic. I am the applicant identified in the renewal application. I will notify the board in writing within 30 days of any change in the information provided in the renewal application, even after the application has been granted and my license has been renewed. I consent to the board's use for all purposes of the mailing and electronic addresses provided to the board in the renewal application or thereafter.

The information provided on the renewal application form and the documentation provided to support the renewal application are, to the best of my knowledge and belief, true, accurate, complete and unaltered. I acknowledge that, pursuant to RSA 641:3, I, the knowing making of a false statement on the renewal application form is punishable as a misdemeanor, and, should I knowingly provide the board with any false, inaccurate, incomplete or altered information or documentation, the board has the authority to deny the renewal application or, after a hearing, to take disciplinary action against the renewed license issued to me.

I have read and understand RSA 316-A and the current administrative rules of the New Hampshire Board of Chiropractic Examiners.”

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 402.07 Effect of the Renewal Applicant’s Signature. The effect of the renewal applicant’s signing the statement described in Ch 402.06 shall be that he or she:

(a) States that he or she is applying for a renewal of a license to practice chiropractic;

(b) Certifies that he or she is the individual identified in the renewal application.

(c) Promises that he or she will notify the board in writing within 30 days of any change in the information provided in the renewal application, even after the application has been granted and the license renewed;

(d) Consents to the board's use for all purposes of the mailing and electronic addresses provided to the board in the renewal application or thereafter;

(e) Certifies that the information provided on the renewal application form and the documentation provided to support the renewal application are, to the best of the applicant's knowledge and belief, true, accurate, complete and unaltered;

(f) Acknowledges that, pursuant to RSA 641:3, I, the knowing making of a false statement on the renewal application form is punishable as a misdemeanor, and that, if he or she knowingly provides the board with any false, inaccurate, incomplete or altered information or documentation, the board has the authority to deny the renewal application or, after a hearing, to take disciplinary action against the renewed license; and

(g) Certifies that he or she has read and understands RSA 316-A and the current administrative rules of the New Hampshire Board of Chiropractic Examiners.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 402.08 Required Documents. The renewal applicant shall submit:

(a) Photocopies of any current licenses, certifications or other documents showing authorization to practice chiropractic in any other jurisdiction, if not previously submitted to the board;

(b) Documentation of having met the continuing education requirements of Ch 404 in the form of:

(1) One or more transcripts issued by the school or college which sponsored the course; or

(2) One or more certifications or vouchers of course attendance stating:

a. The name of the renewal applicant;

b. The title of the course;

c. The name of the sponsor of the course;

d. The beginning and ending hours and dates of the course;

e. The location of the course;

f. The continuing education hours credited by the sponsor of the course; and

g. The score or grade given to the renewal applicant, if any; and

(c) If the renewal applicant’s disability requires the applicant to fulfill the continuing education requirement entirely by electronic participation, a reasonable accommodation request in the form of a statement describing the disability and how the disability prevents the renewal applicant from fulfilling any of the continuing education requirement through attendance at courses in the presence of the instructor; and

(d) If the renewal applicant has been certified or re-certified in a specialty since the applicant's last renewal of licensure, a copy of the front and back of the certificate.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

Ch 402.09 Denial of Application for Licensure Renewal.

(a) An application for renewal of licensure shall be denied when a partial or complete application packet is received in the board's office after the next-to-last working day of June of the renewal year.

(b) An application for renewal of licensure shall be denied if, upon investigation, there is clear evidence that:

(1) The continuing education requirements have not been met;

(2) Information on the renewal application or its associated documents is false, inaccurate or misleading; or

(3) The renewal applicant cannot be relied upon to practice competently and safely because of:

a. Physical or mental disability or other condition or disability;

b. Use of alcohol or controlled or non-controlled drugs;

c. Reasons revealed in the course of disciplinary action taken against the applicant by a licensing body or a professional society or association;

d. Reasons revealed by conviction of a felony or misdemeanor; or

e. Misconduct done during any preceding period of licensure in any jurisdiction.

(c) The board shall make any investigations required to determine whether there are reasons for denial of the application for licensure renewal.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17

PART Ch 403 REINSTATEMENT OF LICENSES

Ch 403.01 Licenses Subject to Reinstatement; Board Procedure Related to Reinstatement of Licensure.

(a) The following licenses shall be subject to reinstatement by the board:

(1) Licenses not renewed pursuant to Ch 402.09(b)(1);

(2) Licenses suspended for disciplinary reasons as part of a settlement agreement or as part of an order of the board; and

(3) Licenses expired pursuant to Ch 402.02(b).

(b) The reinstatement of licenses suspended pursuant to Ch 402.09(b)(1) shall require;

(1) Compliance with application procedure set forth in Ch 403.05; and

(2) Meet the appropriate eligibility requirements as set forth in Ch 403.02, Ch 403.03, or Ch 403.04.

(c) The reinstatement of licenses suspended for disciplinary reasons shall be reinstated in accordance with the terms of the settlement agreement or the disciplinary order of the board, as applicable.

(d) The reinstatement of licenses lapsed pursuant to Ch 402.02(b) shall require:

(1) Compliance with application procedure set forth in Ch 403.05; and

(2) Meet the appropriate eligibility requirements as set forth in Ch 403.02, Ch 403.03, or Ch 403.04.

Source. #13327, eff 1-21-22

Ch 403.02 Full Reinstatement of Licenses Lapsed for No More Than 70 Days. The board shall fully reinstate licenses lapsed for no more than 70 days if the applicants for reinstatement submit to the board within that 70 days:

(a) A completed, dated, signed, and notarized reinstatement application form pursuant to Ch 403.05;

(b) Proof in accordance with Ch 404 and Ch 405 of having completed 20 hours of continuing education in the immediately preceding 2 years;

(c) Payment of the reinstatement fee of $155.00 as set forth by the executive director of the office of professional licensure and certification;

(d) A written statement that the reinstatement applicant has not provided chiropractic services on a volunteer or paid basis since the date that his or her license ceased to be valid; and

(e) Submission of transcripts pursuant to Ch 305.03(d), if not previously provided.

(f) A copy of a valid driver’s license or official government issued identification card bearing a photograph of the applicant.

Source. #13327, eff 1-21-22

Ch 403.03 Full Reinstatement of Licenses Lapsed for More Than 70 days But Less Than 3 Years. The board shall fully reinstate licenses lapsed for more than 70 days when the applicant has been active in the profession as described in Ch 305.01(b) and the following shall apply:

(a) The reinstatement applicant has not violated RSA 316-A;

(b) The reinstatement applicant has not demonstrated poor moral character as evidenced by:

(1) The answers to the “yes-no” questions on the reinstatement application form;

(2) Any documents giving a detailed report of the relevant circumstances related to answers in the affirmative on the application form; and

(4) Any verifications received by the board in compliance with Ch 403.06(c);

(c) The reinstatement applicant shall have paid the reinstatement fee of $155.00 as set forth by the executive director of the office of professional licensure and certification; and

(d) The reinstatement applicants have submitted:

(1) A completed, dated, signed, and notarized reinstatement application form pursuant to Ch 403.05;

(2) The supporting material described in Ch 403.06.

Source. #13327, eff 1-21-22

Ch 403.04 Full Reinstatement of Licenses Lapsed for 3 Years or More. The board shall fully reinstate licenses lapsed for more than 3 years when the applicant has not been active in the profession as described in Ch 305.01(b) and the following shall apply.

(a) The reinstatement applicant has not violated RSA 316-A;

(b) The reinstatement applicant has not demonstrated poor moral character as evidenced by:

(1) The answers to the “yes-no” questions on the reinstatement application form;

(2) Any documents giving a detailed reports of the relevant circumstances related to answers in the affirmative on the application form; and

(4) Any verifications received by the board in compliance with Ch 403.06(c);

(c) The reinstatement applicant has paid the reinstatement fee of $155.00 as set forth by the executive director of the office of professional licensure and certification;

(d) The reinstatement applicant has submitted:

(1) A completed, dated, signed, and notarized reinstatement application form pursuant to Ch 403.05; and

(2) The supporting material described in Ch 403.06; and

(e) The reinstatement applicant has taken and passed the National Board of Chiropractic Examiners (NBCE) special purposes examination for chiropractic professionals.

Source. #13327, eff 1-21-22

Ch 403.05 Reinstatement Application Form.

(a) The “Application for Reinstatement of Licensure” form, effective April 29, 2021 shall:

(1) Be supplied by the board; and

(2) Contain the following preprinted statement:

“I herewith apply for a license to practice chiropractic in accordance with RSA 316-A and the rules of the New Hampshire Board of Chiropractic Examiners. I am the applicant identified in the application. I will notify the board in writing within 30 days of any change in the information provided in the application, even after the application has been granted and a license issued. I consent to the board's use for all purposes of the mailing and electronic addresses provided to the board in the application or thereafter. The information provided on the application form and the documentation provided to support the application are, to the best of my knowledge and belief, true, accurate, complete and unaltered. I acknowledge that, pursuant to RSA 641:3, I, the knowing making of a false statement on the application form is punishable as a misdemeanor, and, should I knowingly provide the board with any false, inaccurate, incomplete or altered information or documentation, the board has the authority to deny the application or, after a hearing, to take disciplinary action against any license issued to me.”

(b) The effect of the reinstatement applicant’s notarized signature on the application form shall be:

(1) The applicant’s acknowledgement that knowingly making a false statement on the application form is a misdemeanor under RSA 641:2, I;

(2) The applicant’s certification that:

a. The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and

b. The applicant has read the statutes and administrative rules of the board; and

(3) The applicant’s promise to abide by the statutes and administrative rules of the board.

Source. #13327, eff 1-21-22

Ch 403.06 Supporting Materials. The material supporting the reinstatement application shall be:

(a) A detailed report of the relevant circumstances of any affirmative responses to “yes-no” questions on the reinstatement application;

(b) A written statement that the reinstatement applicant has not engaged as a chiropractor in New Hampshire on a volunteer or paid basis since the date that his or her license ceased to be valid;

(c) An official letter of verification received directly to the board from every state which has issued the applicant a license or other authorization to practice as a chiropractor since the lapse of the New Hampshire license, stating:

(1) Whether the license or other authorization is or was, during its period of validity, in good standing; and

(2) Whether any disciplinary action was taken against the license or other authorization to practice; and

(d) Transcripts as described in Ch 302.07(b), if not previously provided.

Source. #13327, eff 1-21-22

Ch 403.07 Board Procedures for Processing Reinstatement Applications.

(a) If the board, after receiving and reviewing an application for license reinstatement, requires further information or documents to determine the reinstatement applicant’s qualification, the board shall:

(1) Notify the applicant in writing within 30 days; and

(2) Specify the information or documents it requires.

(b) The board shall issue written approval or denial of the application for license reinstatement within 60 days of the date that the application and supporting documents are submitted and complete.

(c) The reinstatement fee of $155.00 as set forth by the executive director of the office of professional licensure and certification shall be non-refundable.

(d) If the board denies an application for license reinstatement, the board shall include in its notice of denial the information stated in (e) below.

(e) An applicant wishing to challenge the board’s denial of an application for license reinstatement shall:

(1) Make a written request for a hearing of the applicant’s challenge; and

(2) Submit this request to the board:

a. Within 60 days of the board’s notification of denial; or

b. If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

Source. #13327, eff 1-21-22

PART Ch 404 MISCONDUCT AND SANCTIONS

Ch 404.01 Misconduct. Misconduct shall be:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice chiropractic;

(b) Conviction of a felony or misdemeanor that indicates the licensee cannot be relied upon to practice competently, safely, and honestly;

(1) Disrespect for the patient as further described in Ch 403.02;

(2) Sexual conduct as further described in Ch 403.03;

(3) Professional dishonesty as further described in Ch 403.04;

(4) The failure to comply with the ongoing requirements of Ch 406; and

(5) The failure to report to the board that an individual is practicing chiropractic without a license when the licensee is reasonably certain that this is true;

(d) Negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee;

(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice chiropractic;

(f) Mental or physical incompetence to practice chiropractic;

(g) Willful or repeated violation of the provisions of RSA 316-A or the board's administrative rules; and

(h) Disciplinary suspension without reinstatement or revocation of a license to practice chiropractic in another jurisdiction.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 403.01) (see Revision Note at chapter heading for Ch 400)

Ch 404.02 Disrespect to a Patient as Unprofessional Conduct. The following shall constitute unprofessional conduct negatively affecting the practice of chiropractic:

(a) Revealing a patient's personal or health information without either the consent of the patient or a court order requiring the disclosure;

(b) Knowingly exaggerating or minimizing the patient's condition or prospects for recovery;

(d) Failing to protect the patient's bodily privacy to the extent consistent with effective diagnosis and treatment;

(e) Terminating a patient's treatment without making a referral to another practitioner when doing so could jeopardize the patient's health or welfare;

(f) Failing upon request by a patient to refer the patient to another practitioner;

(g) Failure to take the utmost care during diagnostic imaging and to minimize a patient's exposure to radiation; and

(h) Failure to provide complete and accurate patient records within 10 business days of receipt of the patient's request to the patient or to any person or entity designated by the patient to receive them.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 403.02) (see Revision Note at chapter heading for Ch 400)

Ch 404.03 Sexual Conduct as Unprofessional Conduct.

(a) Unless the licensee and the patient entered into a sexual relationship, spousal relationship or a domestic partnership before their relationship became that of chiropractor and patient, the following acts shall constitute unprofessional conduct negatively affecting the practice of chiropractic:

(1) Sexual relations between a licensee and the licensee's patient, even if:

a. The sexual relations were initiated by the patient; or

b. The patient consented to the sexual relations;

(2) Engaging in behavior which might reasonably be interpreted by a patient to be sexual; and

(3) Engaging in verbal behavior which might reasonably be interpreted by a patient as sexual, seductive, or sexually demeaning.

(b) For the purpose of applying the rules in (a) above, the chiropractor-patient relationship shall continue for 6 months after chiropractic treatment has ended.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 403.03) (see Revision Note at chapter heading for Ch 400)

Ch 404.04 Professional Dishonesty as Unprofessional Conduct. Unprofessional conduct negatively affecting the practice of chiropractic shall include but not be limited to:

(a) Proposing to a potential patient, or actually performing, treatment which is not necessary in light of the licensee's examination of the patient and the resulting findings;

(b) Implementing, or assisting in preparing or verifying, a report supporting a false or exaggerated claim of physical disability or a report concealing a physical disability;

(1) Itemized; and

(2) Clear and understandable; and

(d) Charging for services not rendered.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 403.04) (see Revision Note at chapter heading for Ch 400)

Ch 404.05 Sanctions.

(a) Pursuant to RSA 316-A:22, III disciplinary measures available to the board to sanction misconduct shall be:

(1) License revocation;

(2) A reprimand;

(3) Suspension, limitation or restriction of the license to practice for a period of up to 5 years;

(4) The requirement that the licensee engage in continuing education to remediate the deficiency which caused the licensee's misconduct; and

(5) The imposition of a civil fine not to exceed:

a. $1,000 for each instance of misconduct; and

b. In the case of continuing misconduct, $100 per day as long as the misconduct continues.

(b) An individual whose license has been revoked shall not be re-licensed to practice chiropractic in New Hampshire.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 403.05) (see Revision Note at chapter heading for Ch 400)

Ch 404.06 Procedure for Imposition of Sanctions. Other than immediate license suspension authorized by RSA 541-A:30, III and Ch 208.02(a), the board shall impose disciplinary sanctions only:

(a) After prior notice to the licensee in accordance with Ch 208.01(a) and opportunity for the licensee to be heard; or

(b) Pursuant to an agreed upon settlement between the board and the licensee expressed in a written order of the board.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 403.06) (see Revision Note at chapter heading for Ch 400)

Ch 404.07 Determinations Required for Sanctions.

(a) In determining which sanction or combination of sanctions to impose, the board shall:

(1) First determine the nature of the act or omission constituting the misconduct done by the licensee;

(2) Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and

(3) Finally, apply the standards in (c) below.

(b) The characteristics shall be:

(1) The misconduct actually caused physical or mental harm to the patient or another person;

(2) The misconduct had the potential to cause physical or mental harm to the patient or another person;

(3) The misconduct repeated earlier misconduct done by the licensee, as determined by:

a. An earlier hearing;

b. An earlier settlement agreement predicated on the same misconduct by the licensee; or

c. An admission by the licensee;

(4) The misconduct was not the first misconduct by the licensee, as determined by:

a. An earlier hearing;

b. An earlier settlement agreement predicated on misconduct by the licensee; or

c. An admission by the licensee;

(5) The misconduct was intentional rather than the result of negligence or inadvertence; and

(6) The same kind of misconduct was the subject of an official warning previously issued pursuant to Ch 403.08.

(1) From the list in Ch 403.05(a); and

(2) By choosing, in light of the characteristics determined pursuant to (b) above, the sanction most likely to:

a. Protect public health and safety;

b. Prevent future misconduct by the licensee;

c. Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;

d. Correct any attitudinal, educational, or other deficiencies which led to the licensee's misconduct;

e. Encourage the responsible practice of chiropractic; and

f. Demonstrate to the licensee and the public the board's intention to insure that its licensees practice in accordance with applicable law and the public welfare.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 403.07) (see Revision Note at chapter heading for Ch 400)

Ch 404.08 Official Warning. Pursuant to RSA 316-A:3, XIII the board shall issue a non-public official warning in the form of a letter of concern to a licensee if it determines through investigation that the licensee has engaged in a violation of Ch 406.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 403.08) (see Revision Note at chapter heading for Ch 400)

Ch 405.01 Continuing Education Hours and Courses.

(a) Applicants for renewal of their license to practice chiropractic, unless issued an initial license within the 12 months preceding its expiration date, shall obtain at least 20 hours of continuing education biennially in accordance with (b) below.

(b) Continuing education courses shall be:

(1) Selected from the list in (c) below; and

(2) Taken as specified in (d) and (e) below.

(1) Courses which are approved or conducted by:

a. The International Chiropractors Association;

b. The American Chiropractic Association;

c. Any state-chartered chiropractic school or college; or

d. Providers of Approved Continuing Education (PACE);

(2) Courses on the topics set forth in Ch 406.04(h) and sponsored by a school or college accredited by CCE or any other national or regional accrediting agency approved by the United States Department of Education;

(3) Emergency and first aid courses sponsored by the American Red Cross or the American Heart Association, provided that no more than 4 hours shall be credited; and

(4) Courses which have been pre-approved by the board pursuant to Ch 405.

(d) Continuing education courses shall be taken as follows:

(1) By attendance at the course in the presence of the instructor; or

(2) By electronic participation.

(e) To be eligible for continuing education credit, electronic course participation shall include receipt of a score or grade of 80% or higher.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; ss by #13042, eff 5-9-20; amd by #13097, eff 9-4-20; renumbered by #13327 (formerly Ch 404.01) (see Revision Note at chapter heading for Ch 400); ss by #13430, eff 8-9-22; ss by #13844, eff 2-23-24

PART Ch 406 PRE-APPROVAL OF COURSES

Ch 406.01 Procedure for Obtaining Pre-Approval of Continuing Education Courses.

(a) Requests for the board’s pre-approval of courses for continuing education status shall be made by any sponsoring organization, school, college or individual at least 60 days before the beginning of the course for which pre-approval is sought.

(b) Pre-approval of courses for continuing education status shall remain valid for 2 calendar years beginning on January 1 of the first year for which they are approved unless the pre-approval is earlier revoked pursuant to Ch 405.03.

(1) Complete and submit the board-provided “Continuing Education Application” form, effective September 2017 and described in (d) below; and

(2) Submit as supporting documents:

a. The curriculum vitae of the course instructor(s); and

b. Any lecture notes or other material to be distributed to the students taking the course.

(d) The information to be provided on the application form shall be:

(1) The name of the course sponsor;

(2) The title of the course;

(3) A description of the subject matter and topics of the course;

(4) The beginning and ending hours and dates of the course;

(5) The location of the course;

(6) The name of the instructor(s);

(7) A list of the textbooks, materials and equipment to be used by the instructor(s) or the students; and

(8) A list of products, merchandise or equipment promoted by, or sold through, the course by the instructor(s) or the course sponsor.

(e) The application form shall be signed and dated by the course sponsor or an agent of the course sponsor directly beneath a preprinted statement that gives permission for a representative of the board to audit the course at no charge.

(f) The effect of the signature called for by (e) above shall be:

(1) To assert that the information on the application form and in the curriculum vitae of the instructor(s) is complete and accurate to the best of the signer’s knowledge and belief; and

(2) To promise that a representative of the board will be permitted to audit at no charge the course for which pre-approval is sought.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 405.01) (see Revision Note at chapter heading for Ch 400)

Ch 406.02 Notification of Course Pre-Approval.

(a) Upon pre-approving a continuing education course the board shall issue to the sponsoring organization, school, college or individual a course approval notice containing:

(1) A course number assigned by the board;

(2) The title of the course;

(3) The beginning and ending hours and dates of the course; and

(4) The number of continuing education hours to be credited by the board.

(b) The board shall:

(1) Keep a list of currently pre-approved courses; and

(2) Provide the list to licensees upon request.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 405.02) (see Revision Note at chapter heading for Ch 400)

Ch 406.03 Denial of Course Pre-Approval and Revocation of Course Pre-Approval After Notice and Opportunity for a Hearing.

(a) An application for pre-approval of a course for continuing education status shall be denied if the application form or supporting documents show that the course does not meet the requirements of Ch 405.04.

(b) Course pre-approval already granted by the board shall be revoked if the board’s audit of the course or other evidence shows that:

(1) The application form for pre-approval or the related supporting documents do not describe the course with substantial accuracy; or

(2) The course does not meet the requirements of Ch 405.04.

(1) Give written notice to the course sponsor of its intention to deny or revoke, stating the reasons for that intention; and

(2) Provide the course sponsor with the opportunity to challenge the intended action through a hearing in accordance with the applicable rules of Ch 200.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 405.03) (see Revision Note at chapter heading for Ch 400)

Ch 406.04 Standards for Board Pre-Approval of Courses. To be pre-approved for continuing education status courses shall:

(a) Contribute to the growth of the professional knowledge and competence in the practice of chiropractic;

(b) Feature subjects and topics, instructors, textbooks and equipment that reflect a current level of chiropractic education and research;

(d) Assign no more than 10 hours of credit for a full day session;

(e) Not be courses in general business skills or practices;

(f) Not be vehicles for the marketing of products, merchandise or equipment;

(g) Provide those completing the course with:

(1) A transcript; or

(2) A certificate or voucher of course attendance stating:

a. The name of the person taking the course;

b. The title of the course;

c. The name of the sponsor of the course;

d. The beginning and ending hours and dates of the course;

e. The location of the course;

f. The continuing education hours credited; and

g. The score or grade given to the person taking the course, if any; and

(h) Consist primarily, but not necessarily exclusively, of instruction in one or more of the following subjects

(1) Chiropractic adjusting technique;

(2) Chiropractic philosophy;

(3) Analysis of vertebral subluxation;

(4) Chiropractic ethics and jurisprudence;

(5) Diagnostic imaging;

(6) Physical diagnosis;

(7) Clinical laboratory diagnosis;

(8) Orthopedics;

(9) Neurology;

(10) Emergency and first aid procedures;

(11) Nutritional physiology;

(12) Physiological therapeutics and rehabilitation;

(13) Electrodiagnostic procedures;

(14) Public health and safety; and

(15) Risk management and record keeping.

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 405.04) (see Revision Note at chapter heading for Ch 400)

PART Ch 407 ONGOING REQUIREMENTS

Ch 407.01 Obligation to Keep Board Records Current. A licensee shall notify the board within 30 days of any changes in the licensee’s:

(a) Full name;

(b) Physical address;

(d) Telephone number;

(e) E-mail address, if the licensee has one; or

(f) National provider identifier.

Source. #8739, eff 10-11-06; ss by #9358, eff 1-10-09, EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 406.01) (see Revision Note at chapter heading for Ch 400)

Ch 407.02 Obligation to Maintain Patient Records.

(a) A licensee shall maintain patient records including at least the following:

(1) A description of the patient’s chief complaint or reason for initiating care;

(2) A history, which includes any significant events:

a. Related to the patient’s chief complaint or reason for initiating care; and

b. Occurring in the patient's general health history;

(3) A record of diagnostic, analytic and chiropractic procedures including:

a. Any findings from examination and x-ray;

b. A diagnosis or analysis;

c. A description of the care rendered at each visit including therapeutic modalities and other ancillary procedures;

d. Any changes in the plan of care together with the reason for such changes; and

e. A record of the patient’s response to chiropractic care; and

(4) The images taken for diagnostic purposes.

(b) The patient records described in (a) above shall be retained for 5 years following the end of treatment or the age of majority of the patient, whichever comes later.

(1) For the disposition of patient records after the expiration of the retention period mandated by (b) above; and

(2) For the management of patient records if, during the mandated retention period, the licensee has:

a. Died;

b. Retired;

c. Become unable to practice because of physical or mental incapacity; or

d. Lost his or her license to practice.

(d) The licensee shall provide the board with the name, address and telephone number of any person or entity identified by the plan required by (c)(2) above as future custodian of the patient records.

Source. #8739, eff 10-11-06; ss by #9358, eff 1-10-09, EXPIRED: 1-10-17

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 406.02) (see Revision Note at chapter heading for Ch 400)

Ch 407.03 Obligation to Post Documents At Place of Practice. A licensee shall:

(a) Post in a prominent location at his or her principal place of practice the document(s) showing current licensure; and

(b) Make available to the public a notice reading “Complaints concerning doctors of chiropractic shall be sent to the NH Board of Chiropractic Examiners, Office of Professional Licensure & Certification, 121 S. Fruit Street, Concord, NH 03301".

Source. #8739, eff 10-11-06, EXPIRED: 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 406.03) (see Revision Note at chapter heading for Ch 400)

Ch 407.04 Obligation to Advertise Truthfully and Clearly.

(a) If a licensee chooses to advertise his or her chiropractic services, he or she shall do so in written, spoken or recorded messages which are:

(1) Complete and truthful;

(2) Not intended or having the effect to defraud or deceive the reader or listener;

(3) Not intended or having the effect to mislead or confuse the reader or listener; and

(4) Without ambiguity and stated in clear and simple language that a lay person with reasonable ability to comprehend when reading or listening would be able to understand without assistance.

(b) Messages deemed by the board to violate (a) above shall include but not be limited to, messages:

(1) Intended or likely to create a false expectation of the favorable results from chiropractic treatment;

(2) Intended or likely to create a false expectation of the cost of treatment or the amount of treatment to be provided; or

(3) Likely to deceive or mislead because in context they represent only a partial disclosure of the conditions and relevant facts of the extent of treatment the licensee expects to provide.

(c) If a licensee in his or her advertising makes a claim based on one or more research studies, the licensee shall clearly identify the relevant research study or studies and make copies of such research studies available to the board upon request.

(d) The effect of (a) through (c) above shall be to impose the obligations therein upon the licensee even if the advertising is done on behalf of the licensee by the licensee's employee or a student being mentored by the licensee.

Source. #8739, eff 10-11-06; ss by #9451, eff 4-7-09, EXPIRED: 4-7-17

New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 406.04) (see Revision Note at chapter heading for Ch 400)

Ch 407.05 Prohibited Advertising.

(a) A licensee shall not advertise his or her services as providing a cure for any condition or use the word "cure" to imply that the licensee's services provide a cure for any condition.

(b) A licensee shall not guarantee the results of chiropractic services, or use the word "guarantee" to imply that the licensee guarantees the results of his or her services.

(1) Holds a specialty certification from a certifying body;

(2) Identifies the specialty certification and the certifying body in the advertisement; and

(3) Provides the board with a copy of the specialty certification.

(d) The effect of (a) through (c) above shall be to impose the prohibitions therein upon the licensee even if the advertising is done on behalf of the licensee by the licensee's employee or a student being mentored by the licensee.

Source. #8739, eff 10-11-06; ss by #9451, eff 4-7-09, EXPIRED: 4-7-17

New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 406.05) (see Revision Note at chapter heading for Ch 400)

Ch 407.06 Advertising the Cost of Services.

(a) A licensee shall not engage in bait and switch advertising.

(b) A licensee shall not advertise any service as “free” unless the advertisement clearly and specifically states:

(1) All the component services which will or might be performed at the time of, or as part of, the service;

(2) As to each such component service, whether that service will be free or, if not, the exact amount which will be charged for it; and

(3) The expiration date of the offer of free service.

(c) The effect of (a) and (b) above shall be to impose the prohibitions therein upon the licensee even if the advertising is done on behalf of the licensee by the licensee's employee or a student being mentored by the licensee.

Source. #8739, eff 10-11-06; ss by #9451, eff 4-7-09, EXPIRED: 4-7-17

New. #12200, INTERIM, eff 6-5-17, EXPIRED: 12-2-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 406.06) (see Revision Note at chapter heading for Ch 400)

Ch 407.07 Obligation to Include Name and Professional Title on Advertising. A licensee shall place on business signs, business letterhead, business cards and business advertising:

(a) Pursuant to RSA 316-A:25, I, the following designation: "Doctor", the name of the licensee, “chiropractor”;

(b) His or her name followed by the title “doctor of chiropractic”;

(d) His or her name followed by the title "chiropractor".

Source. #8739, eff 10-11-06, EXPIRED 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 406.07) (see Revision Note at chapter heading for Ch 400)

Ch 407.08 Obligation to Report Certain Complaints to the Board. A licensee shall report to the board a complaint made against the licensee in any court or in any professional or business organization of which the licensee is a member:

(a) As soon as the licensee becomes aware of the complaint; and

(b) In answering the question in Ch 402.05(p), on the licensee's license-renewal application form.

Source. #8739, eff 10-11-06, EXPIRED 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 406.08) (see Revision Note at chapter heading for Ch 400)

Ch 407.09 Preparatory and Complementary Procedures. A licensee shall not use preparatory and complementary procedures unless the licensee learned such procedures at an accredited chiropractic college or through a program of continuing education sponsored by an accredited chiropractic college.

Source. #8739, eff 10-11-06, EXPIRED 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 406.09) (see Revision Note at chapter heading for Ch 400)

PART Ch 408 THE BOARD'S OBLIGATION TO REPORT FINAL DISCIPLINARY ACTIONS

Ch 408.01 The Board’s Obligation to Inform the Public of Final Disciplinary Actions. The board shall report final disciplinary actions:

(a) On its website, if any;

(b) Upon inquiry to the office of the board; and

Source. #8739, eff 10-11-06, EXPIRED 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 407.01) (see Revision Note at chapter heading for Ch 400)

PART Ch 409 INACTIVE LIST

Ch 409.01 Placement on the Inactive List.

(a) Pursuant to the provisions of RSA 316-A:21 the board shall maintain an inactive list and place on the list a licensed chiropractor who:

(1) Does not intend to engage in practice as a chiropractor in New Hampshire; and

(2) Makes a written request to the board to be placed on the list.

(b) An individual on the inactive list shall not be required to renew his or her license or pay a renewal fee as long he or she remains inactive by not practicing chiropractic.

Source. #8739, eff 10-11-06, EXPIRED 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 408.01) (see Revision Note at chapter heading for Ch 400)

Ch 409.02 Restoration to Active Status.

(a) An individual wishing to be restored to active status shall:

(1) Present no basis for licensure denial pursuant to Ch 402.09(b);

(2) If inactive for 3 years or fewer, have met during the period of inactivity the continuing education requirements of Ch 404.01; and

(3) If inactive for more than 3 years:

a. Take and pass the NBCE special purposes examination for chiropractic; or

b. Meet the eligibility requirements for licensure by endorsement which are set forth in Ch 305.01(a) through (e).

(b) An inactive individual shall be restored to active status for the current licensing biennium if he or she:

(1) Meets the eligibility requirements in (a) above;

(2) Pays the renewal fee for the current biennium;

(3) Submits a completed “Application for a License to Practice Chiropractic”, effective September 2017 and provided by the board requiring the information specified in Ch 302.04 and a signature to the statement described in Ch 302.05; and

(4) Submits the supporting materials called for by (c) below.

(1) A recent photograph of the individual wishing to be restored to active status;

(2) Photocopies of all licenses, certifications or other documents showing authorization to practice, which are currently effective or were effective during the period that the individual has been inactive;

(3) If the individual wishing to be restored to active status has been inactive for 3 years or fewer, the documents listed in Ch 402.08(b); and

(4) If the individual wishing to be restored to active status has been inactive for more than 3 years and has taken the NBCE special purposes examination for chiropractic, the scores on that examination sent directly from NBCE.

Source. #8739, eff 10-11-06, EXPIRED 10-11-14

New. #12107, INTERIM, eff 2-21-17, EXPIRED: 8-20-17

New. #12431, eff 12-8-17; renumbered by #13327 (formerly Ch 408.02) (see Revision Note at chapter heading for Ch 400)

CHAPTER Ch 500 ETHICAL STANDARDS

PART Ch 501 ETHICAL STANDARDS

Ch 501.01 Obligation to Obey.

(a) The ethical standards set forth in this part shall bind all licensees and those with the privilege to practice, and violation of any such standard shall constitute unprofessional conduct.

(b) Conduct proscribed by these ethical standards, when performed by an unlicensed person or during a prior period of licensure, shall also be a basis for denying an application for licensure or constitute misconduct subject to disciplinary action.

Source. #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #14143, eff 12-16-24, EXPIRES: 12-16-34

Ch 501.02 Definitions. "Sexual misconduct" means engaging in one or more of the following activities with respect to a current client who is not a spouse or civil union partner:

(a) Engaging in sexual relations, whether consensual or non-consensual;

(b) Making verbal or physical sexual advances;

(d) Requesting sexual favors; or

(e) Engaging in physical contact of a sexual nature.

Source. #14143, eff 12-6-24, EXPIRES: 12-6-34

Ch 501.03 Standards of Conduct. The licensed chiropractor shall:

(a) Comply with all requirements set forth in RSA 316-A and Ch 100 through 500;

(b) Hold paramount the safety, health, and welfare of the patients;

(d) Interact with colleagues and patients with honesty and integrity;

(e) Not misrepresent professional qualifications or credentials;

(f) Treat all individuals with whom the person interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the practitioner-patient relationship in a sexual way;

(2) Avoiding any behavior that is sexual, seductive, suggestive, or sexually demeaning, or could be reasonably interpreted as such, even when initiated by or consented to by the patient; and

(3) Refrain from entering into a sexual relationship with a person who has been discharged from care as a patient for no less than one year;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity;

(i) Not discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, or national origin;

(j) Submit only complete, truthful, and correct information in any application or other document filed with or statement made to the OPLC;

(k) Cooperate with investigations and requests for information from the board, the OPLC, and from other licensing or credentialing organizations; and

(l) Maintain a complete and accurate health record of all patient encounters.

Source. #4671, eff 9-7-89; ss by #5624, eff 5-18-93, EXPIRED: 5-18-99

New. #14143, eff 12-16-24, EXPIRES: 12-16-34

Ch 501.04 Records.

(a) Records shall be entirely legible and include but not be limited to a history, an exam, a diagnosis, and a plan appropriate for the licensee’s specialty.

(b) The responsible party shall honor all requests made by a patient or an authorized agent of a patient, for complete copies of the patient’s health record in accordance with the following standards:

(1) Upon the patients request the responsible party or entity that controls the health records shall have the responsibility to comply with the request;

(2) Upon the patient’s request, the responsible party shall provide copies of the health records, either a specified portion or the entire contents depending on the patient’s request, regardless of whether the licensee created the records or the records were provided to the licensee by another health care provider;

(3) The responsible party may charge the actual cost of duplication for x-rays or other color photographs;

(4) Upon receipt of a written release, the requested transfer of health records shall:

a. Not be delayed, including for non-payment of services or non-payment of copying costs and of costs for transmitting of health records; and

b. Be accomplished in any case within 30 days from receipt of the signed release, unless the nature of the treatment requires an immediate response from the licensee;

(5) In the case of patients who are minors or are legally incapacitated, the responsible party shall release health records to a third party who is legally responsible for authorizing treatment for the patient;

(6) Health records shall be released to the third party reference in (5), above, on the same basis that they would otherwise be for another patient if the licensee possesses written documentation establishing the legal guardianship for the minor or legally incapacitated patient in question;

(7) The responsible party may require written authorization for release of health records, but, in no instance, shall the responsible party require the personal appearance of the patient prior to release; and

(8) After transfer of the licensee’s health records which meets the requirements of (d) below, the licensee shall be relieved of further responsibility for complying with requests for copies of records.

(1) Patient’s last contact with the licensee, unless, before that date, the patient has requested that the file be transferred to another health provider; or

(2) In the case of a minor patient, 7 years after the date of majority, unless, before that date, the patient or patient’s guardian has requested that the file be transferred to another health provider.

(d) If a licensee retires, moves from the area, or decides to stop treating a patient or group of patients, the licensee shall:

(1) Provide notice to those active patients which explains that the licensee is no longer available to them;

(2) Ensure that their records can be transferred to another health care provider as requested by the patient; and

(3) Whenever possible, notice shall be provided at least 30 days prior to cessation of treatment.

(e) In the case of a practice owned and controlled by a licensee, the responsible party shall be the licensee and the licensee shall be responsible for transferring copies of health records regardless of whether the licensee had delegated this task to another person or organization.

(f) In the case of an employed licensee, the responsible party shall be the employer or organization and the responsibility for transferring copies of the health records shall fall upon the employer or organization, pursuant to these rules and RSA 151:21, X.

Source. #14143, eff 12-6-24, EXPIRES: 12-6-34

Ch 501.05 Standards for Treatment and Billing. A licensee shall:

(a) Know and have available in their office information regarding where patients may go to file complaints regarding their treatment or billing. Such information shall be furnished immediately upon request of the patient;

(b) Provide their patients the opportunity to discuss the benefits, risks, and costs of appropriate treatment, including alternatives to the proposed treatment. A chiropractor shall provide guidance to their patients about what they consider the optimal course of action based on objective professional judgement;

(d) Respect the patients right to seek a second opinion;

(e) Advise the patient of any conflicts of interest they may have with respect to their care;

(f) Refrain from knowingly participating in fraud;

(g) Report illegal or unethical behavior by chiropractors or other health care professionals to the appropriate licensing boards or law enforcement authorities;

(h) Keep current with best care practices and maintain professional competence; and

(i) Refrain from offering financial incentives or other valuable incentives to any person in exchange for recruitment of other patients.

Source. #14143, eff 12-6-24, EXPIRES: 12-6-34

APPENDIX

RULE NUMBER	STATUTE IMPLEMENTED

Ch 101.01(a)	RSA 316-A:3, I-VII and RSA 316-A:20
Ch 101.01(b)	RSA 316-A:22, I and III
Ch 101.01(c)	RSA 316-A:22, II and RSA 316-A:3, VIII, XII, XIII and XVIII
Ch 102	RSA 541-A:7
Ch 103.01	RSA 316-A:2
Ch 103.02	RSA 316-A:7
Ch 103.03	RSA 316-A:3, XVI
Ch 103.04	RSA 541-A:16, I(a)
Ch 103.05	RSA 316-A:7
Ch 103.06 and Ch 103.07	RSA 91-A:16, I(a)
Ch 104.01	RSA 541-A:16, I(a)

Ch 201.01	RSA 310:6, II
Ch 201.02	RSA 541-A:16, I (b)

Ch 301.01	RSA 541-A:7
Ch 302.01-302.02	RSA 541-A:16, I(b)
Ch 302.03(a), (b), (d) and (e)	RSA 541-A:16, I(b)
Ch 302.03(c)	RSA 541-A:29, I
Ch 302.04	RSA 541-A:16, I(b)
Ch 302.05-302.07	RSA 541-A:16, I(b)
Ch 302.08	RSA 316-A:3, VI and VII
Ch 302.09(a)	RSA 541-A:29, II
Ch 302.09(b)	RSA 541-A:16, I(b)
Ch 303.01	RSA 541-A:16, I(b)
Ch 303.02	RSA 316-A:11, II and RSA 316-A:12
Ch 303.03	RSA 316-A:3, VII
Ch 304.01(a)	RSA 316-A:17
Ch 304.01(b)-(d)	RSA 316-A:3, III
Ch 304.02	RSA 541-A:16, I(b)
Ch 305.01	RSA 316-A:18
Ch 305.02	RSA 316-A:3, VII
Ch 305.03	RSA 541-A:16, I(b)
Ch 305.04	RSA 541-A:29, II
Ch 306.01	RSA 316-A:5; RSA 316-A:3, XVII

Ch 401	RSA 541-A:7
Ch 402.01(a)	RSA 541-A:16, I(b) intro.
Ch 402.01(b)-(c)	RSA 316-A:20
Ch 402.01(d)	RSA 541-A:16, I(b) intro.
Ch 402.02(a)	RSA 316-A:19
Ch 402.02(b)	RSA 316-A:25, II
Ch 402.03 and 402.04	RSA 541-A:16, I(b) intro.
Ch 402.05	RSA 316-A:20; RSA 541-A:16, I(b) intro.
Ch 402.06 and 402.07	RSA 541-A:16, I(b) intro.
Ch 402.08(a)	RSA 541-A:16, I(b) intro.
Ch 402.08(b)	RSA 316-A:3, XV;
Ch 402.08 (c) and (d)	RSA 541-A:16, I(b) intro.
Ch 402.09(a)	RSA 541-A:16, I(b) intro.
Ch 402.09(b) intro, (b)(1)	RSA 316-A:3, XV
Ch 402.09(b)(2) and (b)(3)	RSA 316-A:3, VII
Ch 402.09(c)	RSA 316-A:23-a, I
Ch 403	RSA 316-A:3, I and XIV
Ch 404.01	RSA 316-A:20; RSA 316-A:3, XIV; RSA 541-A:16, I(b) intro.
Ch 405	RSA 316-A:3, XV
Ch 405.01	RSA 316-A:20; RSA 316-A:3, XIV; RSA 541-A:16, I(b) intro.
Ch 406.01	RSA 541-A:16, I(b) intro.
Ch 406.02	RSA 541-A:16, I(b) intro.
Ch 406.03(a)	RSA 316-A:3, XVIII
Ch 406.03(b)	RSA 316-A:3, VIII
Ch 406.04-Ch 406.06	RSA 541-A:16, I(b); RSA 316-A:3, XVIII
Ch 406.07	RSA 316-A:3, XVIII
Ch 406.08	RSA 316-A:3, IX
Ch 406.09	RSA 316-A:1; RSA 316-A:22, II(c) and (d)
Ch 407	RSA 316-A:3, XII
Ch 408	RSA 316-A:21; RSA 541-A:16, I(b) intro.

Ch 500	RSA 316-A:3, VII