CHAPTER Hcp 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

CHAPTER Hcp 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION--REPEALED

PARTS Hcp 101 - Hcp 106 Repealed

Source. #6934, eff 1-29-99; ss by #9336, eff 12-3-08; rpld by #14148, EXP, eff 12-31-24

CHAPTER Hcp 200 PRACTICE AND PROCEDURE--REPEALED

REVISION NOTE:

Pursuant to 2021, 91:168, 171, and 178, effective 7-1-21, the Governing Board of Speech-Language Pathologists was re-named the “Governing Board of Speech-Language Pathologists and Hearing Care Providers”, as defined in RSA 326-F:1, III, although in RSA 328-F:4, VIII and RSA 328-F:11, III it was also called the “Speech-Language Pathology and Hearing Care Provider Governing Board.”

Pursuant to 2021, 91:185, effective 7-1-21, the Board of Hearing Care Providers was abolished by the repeal of RSA 137-F, and effectively merged with the Governing Board of Speech-Language Pathologists and Hearing Care Providers pursuant to 2021, (91:166-186, effective 7-1-21. Pursuant to 2021, 91:186, “[t]he rules adopted for hearing care providers under the former RSA 137-F in effect on the effective date of this act shall, to the extent practicable, continue and be effective and apply to hearing care providers until they expire or are amended or repealed.”

The Governing Board of Speech-Language Pathologists and Hearing Care Providers subsequently adopted Document #13871, effective 2-15-24, which repealed Chapter Hcp 200 titled “Practice and Procedure” of the former Board of Hearing Care Providers. Chapter Spe 200 of the Governing Board, titled “Rules of Practice and Procedure”, remains in effect. See Revision Note #2 at the chapter heading for Chapter Spe 200.

The prior filings affecting the repealed Chapter Hcp 200 included the following documents. Italics indicate that the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#6935, eff 1-29-99, EXPIRED: 1-29-07

#9337, eff 12-3-08

#9338, eff 12-3-08

#12111, eff 2-21-17

#12112, eff 2-21-17

CHAPTER Hcp 300 INITIAL LICENSURE AND REGISTRATION

PART Hcp 301 INITIAL LICENSURE AS AN AUDIOLOGIST

Hcp 301.01 Audiologist License Application Process Overview.

(a) Each person seeking licensure as an audiologist in New Hampshire shall:

(1) Submit to the board a complete application for licensure required pursuant to RSA 137-F:13, I(a) and further described in Hcp 301.02;

(2) Meet the education requirements of RSA 137-F:13, I(c) and further described in Hcp 301.03;

(3) Take and pass the examination required pursuant to RSA 137-F:13, I(e) and further described in Hcp 301.04;

(4) Meet the character qualifications required pursuant to RSA 137-F:13, I(g) and further described in Hcp 305.01; and

(5) Pay the application fee further described in Hcp 306.01.

(b) An applicant who has met the requirements of (b) above shall:

(1) Be issued an audiologist license; and

(2) Be authorized to use the words or titles otherwise prohibited by RSA 137-F:11, III.

Source. #6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17

Hcp 301.02 Application for Audiologist License. Each applicant for licensure as an audiologist shall provide the following on or with an “Application for Audiologist License” form to the board:

(a) The applicant’s name, home address and telephone number;

(b) The applicant’s date of birth;

(d) A list of any other audiology licenses held by the applicant in other jurisdictions, including each state in which licensure is held;

(e) The length of time the applicant has been practicing as a licensed audiologist;

(f) Whether the applicant has ever been refused an audiology license by any licensing body, and if so, the name of the board, the date of denial, and the reasons for denial;

(g) Whether the applicant has ever been convicted of a felony or misdemeanor that has not been annulled by a court of competent jurisdiction and, if so, the name of the court, the detail of the offense, the date of conviction and the sentence imposed;

(h) Documentation that the applicant has met all of the educational requirements as detailed in the requirements as set forth in Hcp 301.03;

(i) A certification separately signed by the applicant indicating that the application is true, correct, and complete to the best of the applicant’s knowledge and belief;

(j) The applicant’s Social Security number as required by RSA 161-B:11, VI-a;

(k) The applicant’s signature and date of signature; and

(l) Payment in the amount specified in Hcp 306.01 in cash, or by check or money order made payable to “Treasurer, State of New Hampshire.”

Source. #6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17

Hcp 301.03 Audiology Educational Qualifications. The educational qualifications for licensure as an audiologist pursuant to RSA 137-F:13, I, shall be as follows:

(a) At least one of the following degrees in the specialized area of audiology shall be:

(1) A master’s degree; or

(2) A doctoral degree;

(b) The degree shall have been received from an educational institution or organization recognized by any of the following:

(1) Academy of Dispensing Audiology;

(2) Audiology Foundation of America;

(3) American Academy of Audiology; or

(4) American Speech-Language-Hearing Association;

(1) The biological and physical sciences and mathematics;

(2) The behavior and/or social sciences; and

(3) The nature, prevention, evaluation, and treatment of speech, language, hearing, and related disorders;

(d) At least 27 of the 75 semester credit hours shall be in basic science course work; and

(e) At least 36 of the 75 semester credit hours shall be in professional course work.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (formerly Hcp 302.02)

Hcp 301.04 Audiology Examination Required.

(a) Each audiologist applicant shall pass a written national examination in audiology administered by any of the following:

(1) Education Testing Services of Princeton, New Jersey;

(2) American Academy of Dispensing Audiology;

(3) Audiology Foundation of America;

(4) American Academy of Audiology; or

(5) American Speech-Language-Hearing Association.

(b) The applicant shall, as part of an application for licensure, arrange for the submission of proof of passing one of the required examinations.

(c) The board shall accept the results as determined and directly reported by the organizations listed in (a) above. Results that are not sent directly by an organization listed in (a) above shall not be accepted by the board as proof of passing the examination.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 303.01)

Hcp 301.05 Acceptance of Applications for Audiologist Licensure.

(a) Each applicant for licensure as an audiologist shall personally sign the application form and shall neither arrange for nor allow any other person to sign on the applicant’s behalf.

(b) An application shall not be considered on its merits until it has been accepted for filing pursuant to (d) below.

(1) The failure of the applicant to sign the application;

(2) The failure to provide any information or documentation required for a complete application without an accompanying explanation or request for a waiver; or

(3) The failure to attach or enclose payment of the application fee.

(d) An application shall be subject to non-acceptance pursuant to (c) above for 15 days to permit initial review and determine whether the application is complete on its face. Unless the application is denied or the applicant is informed, pursuant to (e) below, of a specific deficiency within this time period, the application shall be deemed accepted for filing on the date it was first received by the board.

(e) The board shall, within the time frame described in (d) above, notify the applicant in writing of any deficiencies in the application or of the need for any further information to evaluate the applicant’s qualifications.

(f) Additional information required pursuant to (d)-(e) above shall be provided by the applicant within 30 days from the date of the board’s letter notifying him or her of any application deficiencies. Failure to provide such information in a timely fashion shall result in denial of the application.

(g) Applications requiring additional information pursuant to (d)-(e) above shall be deemed accepted for filing on the date the requested additional information was received by the board.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 301.03)

Hcp 301.06 Audiologist Application Approval Procedures.

(a) The board shall, within 30 days from acceptance for filing:

(1) Issue an audiology license if the board determines that the applicant has:

a. Submitted an application free of materially false statements;

b. Met all applicable procedural requirements set forth in Hcp 301.01; and

c. Met all applicable qualifications set forth in Hcp 301.02 through Hcp 301.06; or

(2) Issue to the applicant an order indicating its intent to deny an audiology license based on the applicant’s failure to:

a. Submit an application free of materially false statements;

b. Meet all applicable procedural requirements set forth in Hcp 301.01; or

c. Meet all applicable qualifications set forth in Hcp 301.02 through Hcp 301.06.

(b) An intent to deny order issued pursuant to (a)(2) above shall notify the applicant in writing:

(1) Of each reason for intended denial;

(2) That the applicant may request a hearing on such intended denial based upon each reason identified by the board within 30 days of the board’s order of intended denial; and

(3) That if a request for a hearing pursuant to (2) above is not timely requested, the application shall be denied.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17

PART Hcp 302 INTERIM AUDIOLOGY LICENSE

Hcp 302.01 Audiologist Interim Licensure Qualifications.

(a) An individual may apply for an interim audiologist license if he or she:

(1) Meets the character requirements as set forth in Hcp 305.01; and

(2) Meets the educational requirements of Hcp 301.03 and the clinical practicum requirements of Hcp 301.04, but has not yet completed the supervised post-graduate clinical experience required pursuant to RSA 137-F:13, I(f) and Hcp 301.05.

(b) An applicant for interim licensure shall submit a complete application required pursuant to Hcp 301.02, including the application fee as described in Hcp 306.01, as well as a supervised professional practice plan that complies with Hcp 301.05.

(c) Upon receiving such an application, the board shall issue an interim license which entitles the applicant to practice audiology under supervision of a New Hampshire licensed audiologist while completing requirements for licensure.

Source. #6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (formerly Hcp 302.05)

PART Hcp 303 TEMPORARY AUDIOLOGY LICENSE

Hcp 303.01 Audiologist Temporary Licensure Qualifications.

(a) The following qualifications shall apply to each applicant for temporary licensure as an audiologist:

(1) The applicant shall submit a complete application pursuant to Hcp 301.02, including payment of the application fee pursuant to Hcp 306.01;

(2) The applicant shall meet the character qualifications of Hcp 305.01;

(3) The applicant shall meet all of the educational requirements for permanent licensure as described in Hcp 301.03; and

(4) The applicant shall possess a current state license and submit a copy of such license and that state’s licensing regulations.

(b) The board shall notify the applicant of acceptance or denial within 30 days from acceptance for filing of the application, as described in Hcp 301.07.

(c) A temporary license shall be granted by the board for up to 120 days in the event that the board finds that the applicant has met the requirements of this section.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (formerly Hcp 302.06)

PART Hcp 304 INITIAL REGISTRATION AS A HEARING AID DEALER

Hcp 304.01 Hearing Aid Dealer Registration Application Process Overview.

(a) Each person seeking registration as a hearing aid dealer in New Hampshire shall:

(1) Submit to the board a complete application for registration required pursuant to RSA 137-F:9, I and further described in Hcp 304.02;

(2) Meet the age and education requirements for hearing aid dealers as specified in Hcp 304.03;

(3) Complete the training program as specified in Hcp 304.04;

(4) Take and pass both the written and practical examinations required for hearing aid dealers pursuant to Hcp 304.05;

(5) Meet the character qualifications as described in Hcp 305.01; and

(6) Pay the application fee described in Hcp 306.01.

(b) A hearing aid dealer applicant who has met the requirements of (b) above shall:

(1) Be issued a hearing aid dealer registration; and

(2) Be authorized to use hold himself or herself out to the public as a hearing aid dealer.

Source. #12112, eff 2-21-17 (from Hcp 301.04)

Hcp 304.02 Application for Initial Registration as Hearing Aid Dealer.

(a) Each applicant for registration as a hearing aid dealer shall provide the following on or with an “Application for Hearing Aid Dealer Registration” form to the board:

(1) The applicant’s name, home address, and telephone number;

(2) The applicant’s date of birth;

(3) The name and the business address of the applicant, as follows:

a. If an individual, the name under which the person intends to conduct business;

b. If a partnership, the name and business address of each member thereof, and the name under which the business is to be conducted; and

c. If a corporation, the name of the corporation and the name and business address of each of the officers of the corporation;

(4) The place or places, including the complete address or addresses, where the business is to be conducted;

(5) A description of the applicant’s education;

(6) A list of the applicant’s hearing aid dealer licenses held, including each state in which licensure is held;

(7) The length of time the applicant has been practicing as a hearing aid dealer;

(8) Whether the applicant has ever been refused a license as a hearing aid dealer by any licensing body, and if so, the name of the body, the date of denial, and the reasons for denial;

(9) Whether the applicant has ever been convicted of a felony or misdemeanor that has not been annulled by a court of competent jurisdiction and, if so, the name of the court, the detail of the offense, the date of conviction and the sentence imposed;

(10) Documentation that the applicant has met all of the educational requirements as detailed in the requirements as set forth in Hcp 304.03;

(11) A description of the training program required by Hcp 304.04, including the beginning and ending dates;

(12) A certification separately signed by the applicant indicating that the application is true, correct, and complete to the best of the applicant’s knowledge and belief;

(13) The applicant’s Social Security number as required by RSA 161-B:11, VI-a;

(14) The applicant’s signature and date of signature; and

(15) Payment of the application fee in the amount specified in Hcp 306.01 which, if by check, shall be made payable to “Treasurer, State of New Hampshire.”

(b) The applicant shall also:

(1) Arrange to have a certified copy of the National Institute for Hearing Instrument Studies (IHS) International Licensing Examination results sent directly to the board; and

(2) Provide documentation that the applicant has passed the New Hampshire written and practical examinations as set forth in Hcp 304.04.

(c) If an applicant is unable to provide the documentation of passing either or both examinations referred to in (b) above, the applicant shall so state on the application and agree to sit for each missing examination at the earliest offering of such examination.

Source. #12112, eff 2-21-17

Hcp 304.03 Age and Education Requirements for Initial Registration as Hearing Aid Dealer.

(a) Applicants for initial registration as a hearing aid dealer shall have attained the age of 18 by the date of the application and be of good professional character as described in Hcp 305.01.

(b) Applicants for initial registration as a hearing aid dealer shall have:

(1) Obtained an associate’s degree in any field of study;

(2) Earned at least 60 credits toward a baccalaureate degree in any field of study; or

(3) Been board certified by the National Board for Certification in Hearing Instrument Sciences for a period of at least 2 years.

Source. #12112, eff 2-21-17

Hcp 304.04 Training Program Required for Hearing Aid Dealer Registration.

(a) Applicants for initial registration as a hearing aid dealer shall, by the time the application is submitted, have complete a supervised training program, not to exceed 24 months in length, that is directly supervised by a licensed audiologist or registered hearing aid dealer who has been registered for at least 2 years.

(b) The supervised trainer shall, prior to undertaking the supervision, submit to the board a plan that includes training to develop and demonstrate competency in:

(1) Hearing testing and interpretation;

(2) Otoscopic ear examination;

(3) Earmold impression procedures;

(4) Hearing aid selection and fitting protocol; and

(5) Hearing aid troubleshooting and servicing.

(1) Be responsible for all work being performed by the applicant;

(2) Give final approval for work performed pursuant to (1) above; and

(3) Be physically present in the room at the time the hearing aid is delivered the client.

(d) In a written statement submitted with the applicant’s application, the supervising trainer shall:

(1) Document the dates of the initial supervision and the number of hours of supervision; and

(2) Verify the completion of a training program conforming with the requirements of this section.

(e) In addition to a training program conforming with the requirements of (a)-(d) above, the board shall accept any distance learning program that is approved by the International Hearing Society as satisfying the requirements of this section.

(f) Upon completion of the training program, the applicant shall register for the first available written and practical examination offered by the board pursuant to Hcp 304.05.

(g) If the trainee fails either the written or practical examination, the trainee shall re-enter the training program and shall have 2 more opportunities to pass both the written and practical examinations. The trainee shall take the next available examination and shall take and pass the examination within 2 years of commencing the training program.

(h) Notwithstanding (f) above, the trainee may petition the board for an extension of the 2 year time limit on the basis of health or medical issues, accident, mistake, or misfortune and not through the neglect of the trainee.

Source. #12112, eff 2-21-17

Hcp 304.05 Hearing Aid Dealer Written and Practical Examinations Required.

(a) Each hearing aid dealer applicant shall, as part of an application for registration, submit proof of passing:

(1) The written or online International Licensing Examination of the IHS given by or on behalf of the board; and

(2) A practical examination administered by the board and which shall test the applicant in the following:

a. Knowledge and mastery of FDA criteria for mandatory medical referral;

b. Otological examination;

c. Testing procedures and techniques during hearing aid selection and fitting, air conduction testing, bone conduction testing, and masking techniques;

d. Ear mold impressions; and

e. Hearing aid trouble-shooting and servicing.

(b) Each applicant for written examination under (c)(1) above shall pay to IHS an examination fee as set by IHS.

(1) Applicants who are board certified by the National Board for Certification in Hearing Instrument Sciences; and

(2) Applicants who have passed the International Licensing Examination of the IHS in another state or jurisdiction whose licensure requirements are substantially equivalent to those of New Hampshire.

(d) The practical examination shall be given twice a year. The applicant shall be notified in writing within 30 days as to whether he or she passed or failed the examination.

(e) An applicant who fails to pass the written examination or who fails to obtain a score of 70% or higher on any part of the practical examination shall re-enter the training program required by Hcp 304.04 and retake the failed portion of the examination at the next regularly scheduled examination date.

(f) An applicant who did not pass one or both examinations shall work in the physical presence of a licensed audiologist or registered hearing aid dealer who has been registered for at least 2 years, until such time as he or she has passed both the written and practical portions of the examination.

(g) If an applicant is unable to pass the examinations after 3 consecutive attempts, he or she shall not be issued a certificate of registration in New Hampshire.

Source. #12112, eff 2-21-17

Hcp 304.06 Acceptance of Applications for Initial Hearing Aid Dealer Registration.

(a) Each applicant for registration as a hearing aid dealer shall personally sign his or her application form and shall neither arrange for nor allow any other person to sign on the applicant’s behalf.

(b) An application shall not be considered on its merits until it has been accepted for filing pursuant to (d) below.

(1) The failure of the applicant to sign the application;

(2) The failure to provide any information or documentation required for a complete application without an accompanying explanation or request for a waiver; and

(3) The failure to attach or enclose payment of the application fee.

(d) An application shall be subject to non-acceptance pursuant to (c) above for 15 days to permit initial review and determine whether the application is complete on its face. Unless the application is denied or the applicant is informed, pursuant to (b) below, of a specific deficiency within this time period, the application shall be deemed accepted for filing on the date it was first received by the board.

(e) The board shall, within the time frame described in (d) above, notify the applicant in writing of any deficiencies in the application or any further information needed to evaluate the applicant’s qualifications.

(f) Any additional information required pursuant to (d)-(e) above shall be provided by the applicant within 30 days from the date of the board’s letter notifying him or her of such deficiencies. Failure to provide such information in a timely fashion shall result in the issuance of an intent to deny order.

(g) Applications requiring additional information pursuant to (b) above shall be deemed accepted for filing on the date the requested additional information was received by the board.

Source. #12112, eff 2-21-17

Hcp 304.07 Hearing Aid Dealer Application Approval Procedures.

(a) Upon acceptance for filing of the application for hearing aid dealer registration specified in Hcp 304.06, the board shall:

(1) Notify the applicant of the date and time of the next regularly scheduled examination;

(2) Notify the applicant of the requirement for successful completion of a written and practical examination; and

(3) Notify the applicant relative to exemptions from the examination requirements.

(b) No later than the second board meeting following the reporting of the examination results to the board, the board shall:

(1) Issue a hearing aid dealer registration if the board determines that the applicant has:

a. Submitted an application free of materially false statements;

b. Met all applicable procedural requirements set forth in Hcp 301; and

c. Met all applicable qualifications set forth in Hcp 302 and Hcp 303; or

(2) Issue an order indicating its intent to deny a hearing aid dealer registration based on the applicant’s failure, as identified in the notice, to do any or all of the following:

a. Submit an application free of materially false statements;

b. Meet all applicable procedural requirements set forth in Hcp 304.01; or

c. Meet all applicable qualifications set forth in Hcp 304.03 through Hcp 304.05.

(1) Of each reason for intended denial;

(2) That the applicant may request a hearing on such intended denial based upon each reason identified by the board within 30 days of the board’s order of intended denial; and

(3) That if a request for a hearing pursuant to (2) above is not timely requested, the application shall be denied.

Source. #12112, eff 2-21-17

PART Hcp 305 AUDIOLOGIST AND HEARING AID DEALER CHARACTER QUALIFICATIONS

Hcp 305.01 Character Qualifications for Audiologists and Hearing Aid Dealers.

(a) Each application shall be investigated pursuant to RSA 137-F:21 for the purpose of verifying all application materials, and determining whether the applicant is of good professional character and can be depended upon to follow the requirements of RSA 137-F and the board’s rules.

(b) To be considered to be of good professional character pursuant to RSA 132-F:13, I(g) and someone who can be entrusted to serve the public as an audiologist or hearing aid dealer, the applicant shall not have:

(1) Personally or through any other person submitted false information to the board in connection with the application;

(2) Within the 10 years preceding the application, had disciplinary action taken by any licensing body or professional association that indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Hcp 501; or

(3) A criminal conviction history that indicates the applicant cannot be relied upon to practice competently, safely and honestly, or adhere to the ethical standards required by Hcp 501 due to:

a. Conviction at any time of any felony involving dishonesty or fraud and that has not been annulled by a court of competent jurisdiction;

b. Conviction within the year immediately preceding the application of any violation or misdemeanor involving a dishonest act that has not been annulled by a court of competent jurisdiction;

c. Conviction within the 5 years immediately preceding the application of 2 violations, misdemeanors, or both, involving dishonest acts and that have not been annulled by a court of competent jurisdiction; or

d. Conviction within the 10 years immediately preceding the application of 3 or more violations, misdemeanors, or both, involving dishonest acts.

Source. #12112, eff 2-21-17

PART Hcp 306 INITIAL LICENSE AND REGISTRATION FEES

Hcp 306.01 Fee Schedule for Initial License and Registration. The board’s fees for initial licensure as an audiologist and initial registration as a hearing aid dealer shall be the fees on the schedule set forth in Table 300-1.

Table 300-1 Fees Charged by the Board of Hearing Care Providers for Initial Licensure and Registration

Type of Fee	Fee

Audiologist initial license	$300.00
Audiologist interim license	$300.00
Audiologist temporary license	$300.00
Hearing aid dealer initial registration	$300.00

Source. #12112, eff 2-21-17

CHAPTER Hcp 400 LICENSE RENEWAL AND FEES

PART Hcp 401 LICENSURE AND REGISTRATION RENEWALS

Hcp 401.01 Application Process for Licensee and Registrant Renewals. Each licensee or registrant who wishes to renew their license or registration shall:

(a) Comply with the filing deadlines established in Hcp 401.02;

(b) Submit a complete application pursuant to Hcp 401.03;

(d) Pay the renewal fee established in Hcp 405.

Source. #6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17

Hcp 401.02 License and Registration Expiration Dates and Filing Deadlines for Renewals.

(a) Initial licenses and registrations shall be valid for 2 full years, and shall automatically expire on July 1 after the second full year of licensure or registration.

(b) All other audiology licenses and hearing aid dealer registrations shall automatically expire on July 1, 2 years following the last date the license or registration expired.

(c) Licenses and registrations shall be renewed on or before June 30 in the year in which the license or registration is to expire.

Source. #6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17

Hcp 401.03 Application for License and Registration Renewal. An applicant for license or registration renewal shall provide the following information on or with the “Application for Renewal of Audiologist License and Hearing Aid Dealer Registration” form:

(a) The applicant’s full name;

(b) The applicant’s business address and telephone number;

(d) A statement indicating whether the applicant is actively practicing;

(e) A statement that the information included in the applicant’s initial application has not changed except to the extent it has previously been disclosed to the board or is disclosed and described in an attachment to the application;

(f) A statement that the applicant has complied with the applicable continuing education requirements of Hcp 402;

(g) A representation that the applicant acknowledges that the provision of false information in the application is a basis for disciplinary action by the board;

(h) The applicant’s signature; and

(i) The date the applicant signed the application.

Source. #6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17

Hcp 401.04 Application for Restoration of Audiologist License. Each audiologist whose license has been expired for not more than 2 years shall, pursuant to RSA 137-F:13, III, have his or her license restored upon submitting:

(a) A completed renewal application as required by Hcp 401.03;

(b) Payment of the restoration fee described in Hcp 405; and

Source. #6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17

PART Hcp 402 CONTINUING EDUCATION

Hcp 402.01 Continuing Education as a Condition for Renewal.

(a) As a condition of the biennial renew for audiologist licensure, each audiologist shall attend at least 20 credit hours of board-approved continuing education relevant to, and which enhance, the licensee’s ability to practice audiology.

(b) As a condition of the annual renewal for hearing aid dealer registration, each hearing aid dealer shall attend at least 16 credit hours of board-approved continuing education relevant to, and which enhance, the registrant’s practice as a hearing aid dealer.

(d) Credit hours earned in excess of the minimums described in (a) and (b) above shall not be used to meet the subsequent biennial license or registration period’s continuing education requirements.

Source. #6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 403.01)

Hcp 402.02 Continuing Education Programs and Courses.

(a) The board shall accept only continuing education programs offered or accredited by the organizations set forth in (b) below which are directly relevant and applicable to the practice of audiology for audiologists or hearing aid dispensing for hearing aid dealers.

(b) Continuing education credit may be claimed for any program offered or accredited by any of the following organizations:

(1) College or university courses;

(2) Courses, seminars, or other learning activities provided by the:

a. American Academy of Dispensing Audiologists;

b. American Academy of Audiology;

c. American Speech-Language and Hearing Association;

d. American Medical Association;

e. American Academy of Otolaryngology;

f. International Hearing Society; or

g. Other organizations credentialed by a. – f. above.

(c) Continuing education with non-accredited sponsorship may also be submitted for board consideration pursuant to Hcp 402.03. If approved, credit shall be assigned pursuant to Hcp 402.01(c).

(d) To receive credit for courses submitted for approval under (b) above, the applicant shall submit a detailed report that specifies:

(1) The program title;

(2) Identification of the organization that sponsored the program;

(3) A description of the scope of the program;

(4) A description of the instructor’s credentials; and

(5) A statement indicating the place, date, and length of program.

(e) The board shall consider and approve courses that have not been offered or accredited by the organizations set forth in (b) above pursuant to Hcp 402.03.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 403.02)

Hcp 402.03 Board Approval of Courses.

(a) Requests for approval of courses for continuing education credit shall be submitted to the board no less than 30 days in advance of the course.

(b) Requests for approval of courses shall provide the following information on a board provided course approval form:

(1) The course's title, date and location;

(2) The course's sponsor and the name and phone number of contact person;

(3) An agenda for the course;

(4) Biographical sketches of speakers including their qualifications; and

(5) A summary of the topics to be presented.

(c) After review of the application, the board shall, within 21 days of receipt of the request for approval, notify the contact person, in writing, as to whether or not the course is approved and the number of credits granted.

(d) Courses shall be approved if:

(1) The application form contains all of the information required by (b) above;

(2) The application form is received by the board in accordance with (a) above;

(3) The subject matter will address topics that will enhance audiologists’ or hearing aid dealers’ abilities to practice; and

(4) The persons presenting the pertinent subject matter have qualifications relating to both the subject matter and the category of certification of the attendees, through:

a. Formal education with degrees or diplomas;

b. Research experience, as demonstrated by publication of peer reviewed research; or

c. Practical experience that demonstrates specialized knowledge in a particular practice area of pertinent subject matter.

d. The number of credit hours granted for continuing education courses shall be assigned pursuant to Hcp 402.01(c).

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (formerly Hcp 403.03)

Hcp 402.04 Documentation Requirements.

(a) Licensees and registrants shall retain documentation of maintenance of continuing competence for a period of no less than 3 years.

(b) The renewal applicant shall furnish the copies of documentation of continuing education, as described in (c) below, with their renewal application.

(c) Documentation of continuing education shall include transcripts, certificates, and other evidence of successful completion of continuing education that are provided by the person or entity conducting such education, provided that licensees and registrants shall be permitted to submit photocopies of such documentation as part of their renewal applications.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17

PART Hcp 403 ONGOING REQUIREMENTS

Hcp 403.01 Severance of Connection. Each audiologist and each hearing aid dealer shall notify the board in writing within 30 business days after they sever or establish an employment situation.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 404.01)

Hcp 403.02 Change of Address. Each audiologist and each hearing aid dealer, as well as applicants for licensure or registration, shall notify the board in writing of any change in home or business address within 30 days of such change. Failure to provide a written notification of change of address shall not be exculpatory grounds for failing to respond to board inquiries or timelines and shall be grounds for disciplinary actions.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 404.02)

PART Hcp 404 REVOCATION, SUSPENSION, AND OTHER SANCTIONS

Hcp 404.01 Disciplinary Sanctions.

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions on an audiologist or hearing aid dealer only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to a mutually agreed upon settlement.

(b) After a finding that an audiologist or hearing aid dealer has committed misconduct, the board shall impose one or more of the disciplinary sanctions described in this part.

(c) The board shall impose the least severe sanction available under these rules that is calculated to address misconduct and act as a deterrent for future acts of misconduct.

(d) When a person subject to the board’s disciplinary authority is found, after notice and opportunity for hearing, to have committed misconduct, the board shall impose sanctions after considering aggravating and mitigating factors including, but not limited to:

(1) The seriousness of the offense;

(2) The audiologist or hearing aid dealer’s prior disciplinary record;

(3) The audiologist or hearing aid dealer’s state of mind at the time of the offense;

(4) The audiologist or hearing aid dealer’s acknowledgment, or lack thereof, of his or her wrongdoing;

(5) The audiologist or hearing aid dealer’s willingness to cooperate with the board;

(6) The purpose of the rule or statute violated;

(7) The nature and extent of the enforcement activities required of the board as a result of the offense;

(8) The cost of any investigation or hearing conducted by the board; and

(9) The audiologist or hearing aid dealer’s ability to pay the administrative fine.

(e) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements shall be sent to the licensing body of each state in which the audiologist or hearing aid dealer is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 402.01)

Hcp 404.02 Revocation.

(a) “Revocation” means the permanent and complete cancellation of any specially-conferred rights, authority, or privileges that were granted to an audiologist or hearing aid dealer through RSA 137-F.

(b) The most severe sanction, revocation, shall be imposed only for those cases in which:

(1) An audiologist or hearing aid dealer fails to be physically present, as reasonably necessary to comply with the requirements of Hcp 502.01(f), to supervise a trainee when the trainee is with a patient and performs any procedure or procedures related to hearing or hearing aid device other than a rudimentary cleaning of such a device;

(2) An audiologist or hearing aid dealer is convicted of any crime, the circumstances and facts of which lead the board to conclude that the audiologist or hearing aid dealer cannot be entrusted to protect the health of their clients;

(3) An audiologist or hearing aid dealer has had his or her license or registration suspended 3 times previously and has committed another offense for which a suspension would otherwise have been appropriate;

(4) An audiologist or hearing aid dealer has been determined to have willfully deceived the board regarding anything other than his or her application for licensure or registration;

(5) An audiologist or hearing aid dealer has provided materially false information on his or her application for licensure or registration; or

(6) An audiologist or hearing aid dealer’s license to practice in any other state has been revoked.

(1) The date that the revocation goes into effect; or

(2) The date on which no further appeal may be taken.

(d) An audiologist or hearing aid dealer whose license or registration has been revoked shall be barred from reapplying for a license or registration for 3 years after the date of revocation. The revocation order shall specify the earliest date an application may be submitted.

(e) Upon receipt of a revocation order from the board, the audiologist or hearing aid dealer shall immediately cease holding him- or herself out to the public as an audiologist or hearing aid dealer. Further, such audiologist or hearing aid dealer shall immediately cease engaging in any act for which licensure or certification issued pursuant to RSA 137-F is required.

(f) Failure to comply with (e) above, shall constitute separate grounds for further disciplinary action.

(g) A subsequent license or registration shall be obtained only after:

(1) The passage of the amount of time specified in the revocation order;

(2) Complying with all of the requirements of RSA 137-F and Hcp 300 regarding application for an initial license or certification;

(3) Demonstrating that the cause for revocation does not exist at the time of the subsequent application; and

(4) Demonstrating that any corrective actions that were ordered by the board have been fully implemented.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 402.02)

Hcp 404.03 Suspension.

(a) “Suspension” means the temporary withdrawal of any specially-conferred rights, authority, or privileges that were granted to an audiologist or hearing aid dealer through RSA 137-F.

(b) The sanction of suspension shall be imposed only after notice and opportunity for a hearing in those cases in which the board determines that at least one of the following is true:

(1) An audiologist or hearing aid dealer has failed to meet continuing education requirements;

(2) An audiologist or hearing aid dealer has endangered the health of a patient;

(3) An audiologist or hearing aid dealer has committed a violation after having been found, after notice and opportunity for hearing, to have committed 3 previous violations of any administrative rule or rules;

(4) An audiologist or hearing aid dealer has failed to pay an administrative fine within 60 days of the fine being assessed after notice and opportunity for hearing; or

(5) An audiologist or hearing aid dealer’s license to practice in any other state has been suspended;

(c) The minimum period for suspension shall be that amount of time necessary for the audiologist or hearing aid dealer to take corrective action ordered by the board and return to compliance. Suspension shall have no effect upon the expiration of licensure or certification. Specifically, suspension shall not cause expiration to be advanced or delayed.

(d) Upon receipt of a suspension order from the board, the audiologist or hearing aid dealer shall immediately cease holding himself or herself out to the public as an audiologist or hearing aid dealer. Further, such audiologist or hearing aid dealer shall immediately cease engaging in any act for which licensure or registration is required until the board grants reinstatement pursuant to (f), below.

(e) Failure to comply with (d) above shall constitute separate grounds for further disciplinary action.

(f) An audiologist or hearing aid dealer seeking reinstatement shall petition the board, providing documentation of all corrective actions taken. The board shall review the petition and supporting documentation and grant the petition if it determines that all corrective action ordered by the board has, in fact, been taken and the audiologist or hearing aid dealer has returned to compliance.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 402.03)

Hcp 404.04 Administrative Fines.

(a) The sanction of administrative fine shall be imposed only after notice and opportunity for a hearing in those cases in which the board determines that misconduct has occurred.

(b) The board shall impose administrative fines as outlined in (d) below for any violation of RSA 137-F or the board’s rules.

(c) Nonpayment of an administrative fine in contravention of an order, agreement or promise to pay, shall be grounds for discipline by the board and a basis for judicial action seeking to collect the penalty.

(d) Administrative fines shall be imposed as follows:

(1) For a first offense, $500.00;

(2) For a second offense, $1,000.00; and

(3) For any subsequent offense, $2,000.00.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (from Hcp 402.04)

Hcp 404.05 Disciplinary Continuing Education.

(a) “Disciplinary continuing education” means any course or seminar that an apprentice or audiologist or hearing aid dealer is ordered, by the board, to take for the purpose of addressing a finding of misconduct based upon deficient skills, and which is in addition to the continuing education requirements set forth in Hcp 402.

(b) The sanction of disciplinary continuing education shall be imposed only after notice and opportunity for a hearing in those cases in which the board determines that the apprentice or audiologist or hearing aid dealer’s misconduct arose, at least in part, through deficient skills necessary for some aspect of his or her practice.

(c) The failure by an audiologist or hearing aid dealer to take the disciplinary continuing education ordered by the board shall be grounds for further discipline by the board.

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17 (formerly Hcp 402.05)

PART Hcp 405 RENEWAL FEES

Hcp 405.01 Fee Schedule for License and Registration Renewals. The board’s fees for license and registration renewals shall be the fees set forth in Table 400-1.

Table 400-1 Fees Charged by the Board of Hearing Care Providers for License and Registration Renewals

Type of Fee	Fee
Audiologist license renewal	$300.00
Hearing aid dealer renewal	$300.00
Audiologist license restoration	$350.00

Source. #12112, eff 2-21-17

CHAPTER Hcp 500 ETHICAL STANDARDS - REPEALED

Source. #9338, eff 12-3-08; ss by #12112, eff 2-21-17; rpld by #14310, EXP, eff 7-10-2025

APPENDIX

Rule	Specific State Statute the Rule Implements

Hcp 301.01 – 301.02	RSA 137-F:6, I, III; RSA 137-F:11; RSA 137-F:13
Hcp 301.03 – 301.04	RSA 137-F:6, III; RSA 137-F:11; RSA 137-F:13
Hcp 301.05 – 301.06	RSA 137-F:6, III
Hcp 302	RSA 137-F:6, III; RSA 137-F:14
Hcp 303	RSA 137-F:6, VI; RSA 137-F:15
Hcp 304.01 – 304.02	RSA 137-F:6, II; RSA 137-F:8
Hcp 304.03- 304.05	RSA 137-F:6, IV; RSA 137-F:8
Hcp 304.06 – 304.07	RSA 137-F:6, IV
Hcp 305	RSA 137-F:6, III and IV; RSA 137-F:8; RSA 137-F:11
Hcp 306	RSA 137-F:6, III-V

Hcp 401	RSA 137-F:8; RSA 137-F:13, III; RSA 137-F:20
Hcp 402	RSA 137-F:6, VIII and IX
Hcp 403	RSA 137-F:6, III and IV
Hcp 404	RSA 137-F:5, III and VI; RSA 137-F:31
Hcp 405	RSA 137-F:6, V
Hcp 500 (repealed)