Nuh 100-500

CHAPTER Nuh 100 ORGANIZATION RULES

PART Nuh 101 PURPOSE AND SCOPE

Nuh 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of examiners of nursing home administrators under RSA 151-A which include, but are not limited to:

(a) Examination and licensing of nursing home administrators.

(b) Oversight and discipline of licensees.

(d) Development of continuing professional education requirements and other prerequisites for the renewal or reinstatement of licenses.

(e) Study and preservation of information concerning nursing home administrators.

(f) Identification and prevention of the unauthorized practice of nursing home administration.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

New. #7592, eff 11-16-01

PART Nuh 102 DEFINITIONS

Nuh 102.01 "Administrator-In-Training (AIT)" means an individual who is in an internship, not to exceed 12 months, for the purpose of being exposed to all areas of nursing home administration as outlined in the AIT internship evaluation checklist.

Source. #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

New. #7592, eff 11-16-01

Nuh 102.02 "Board" means the board of examiners of nursing home administrators of the state of New Hampshire.

Source. #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7592, eff 11-16-01

Nuh 102.03 "Nursing home administrator" means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not his functions and duties are shared with one or more other individuals.

Source. #7592, eff 11-16-01

Nuh 102.04 "Nursing home" means any institution or facility, whether proprietary or non-proprietary, defined as a nursing home for licensing purposes pursuant to RSA 151.

Source. #7592, eff 11-16-01

Nuh 102.05 "Secretary" means the secretary of the board of examiners of nursing home administrators of the state of New Hampshire.

Source. #7592, eff 11-16-01

Nuh 102.06 "Preceptor" means a licensed nursing home administrator, in good standing, with a minimum of 5 years experience who supervises administrators in training.

Source. #7592, eff 11-16-01

PART Nuh 103 AGENCY ORGANIZATION

Nuh 103.01 Composition of the Board. The board consists of 9 members who meet the eligibility requirements of RSA 151-A:3. The board is made up of 4 licensed nursing home administrators, 4 members selected from other professions and institutions concerned with the care of chronically ill and infirm aged patients and one member who is a representative of the general public with no direct financial interest in any nursing home.

Source. #7592, eff 11-16-01

Nuh 103.02 Office Hours, Office Location, Mailing Address and Telephone.

(a) The board's offices shall be located at:

Philbrook Building

121 South Fruit Street

Concord, New Hampshire 03301.

(b) The board's office shall be open to the public Monday through Friday, excluding holidays, from 8:00 a.m. to 4:00 p.m.

(d) The board's telephone number shall be (603) 271-4728.

Source. #7592, eff 11-16-01

PART Nuh 104 PUBLIC INFORMATION

Nuh 104.01 Record of Official Actions. Minutes shall be kept of all board meetings and all official actions taken by the board. These minutes shall record those members who participate in each vote and shall separately record the position of any members who choose to dissent, abstain, or concur. Board minutes of actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be governmental records and shall be available for inspection during the board's ordinary office hours within 5 days from the close of the meeting or vote in question.

Source. #7592, eff 11-16-01, EXPIRED: 7-1-09

New. #12435, eff 12-16-17

Nuh 104.02 Custodian of Records. The office of professional licensure and certification shall be the custodian of the board’s records and shall respond to requests to examine those portions of the board's records which are subject to public inspection or which may otherwise be properly examined by the person requesting access.

Source. #7592, eff 11-16-01, EXPIRED: 7-1-09

New. #12435, eff 12-16-17

Nuh 104.03 Copies of Records. Persons desiring copies of board records shall submit a request in writing which identifies as particularly as possible the information being sought and which agrees to pay the actual cost of copying. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

Source. #7592, eff 11-16-01

PART Nuh 105 MEETINGS, DELIBERATIONS AND DECISIONS

Nuh 105.01 Meetings. The board shall meet 2 or more times per year and schedule such additional meetings as business requires.

Source. #7592, eff 11-16-01

Nuh 105.02 Necessary Quorum. A quorum shall be required to hold a meeting, conduct a hearing or receive information of any kind and final decisions shall be made only by the affirmative vote of a majority of the board members eligible to participate in the matter in question.

Source. #7592, eff 11-16-01

CHAPTER Nuh 200 RULES OF PRACTICE AND PROCEDURE

REVISION NOTE:

Document #13934, effective 6-22-24, repealed Part Nuh 201 through Part Nuh 217 in Chapter Nuh 200, titled “Practice and Procedure”, and renamed the chapter as “Rules of Practice and Procedure”. Document #13934 also adopted a new Part Nuh 201 titled “Applicability and Waiver of Substantive Rules”, containing Nuh 201.01 titled “Rules of Practice and Procedure” and Nuh 201.02 titled “Waiver of Administrative Rules.”

Document #13934 replaces all prior filings affecting the rules in the former Chapter Nuh 200. The prior filings included the following documents. Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

#1393, eff 7-1-79

#2224, eff 1-1-83

#2922, eff 12-10-84, EXPIRED: 12-10-90

#5097, eff 3-18-91

#5326, eff 2-13-92, EXPIRED: 2-13-98

#5524, eff 12-8-92, EXPIRED: 12-8-98

#7719-A, eff 6-25-02 (Nuh 201-Nuh 216)

#7719-B, eff 6-25-02, EXPIRED: 6-25-10 (Nuh 217)

#9830-A, eff 12-10-10 (Nuh 217)

#12435, eff 12-16-17 (Nuh 214.04(b))

#12623, eff 9-25-18 (Nuh 217)

As practice and procedure rules, the rules in Document #13934 will not expire except pursuant to RSA 541-A:17, II.

PART Nuh 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

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

Adjudicatory proceedings;

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

(b) Public comment hearings;

(d) All statements of policy and interpretation;

(e) Explanation of adopted rules; and

(f) Voluntary surrender of licenses.

Source. (See Revision Note at chapter heading for Nuh 200) #13934, eff 6-22-24

Nuh 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 151-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 Nuh 200) #13934, eff 6-22-24

CHAPTER Nuh 300 APPLICATION PROCEDURE

PART Nuh 301 APPLICATION

Nuh 301.01 Application Required.

(a) A person desiring to practice as a nursing home administrator within the state of New Hampshire shall make application to the board upon official forms furnished by the board, including the information specified in (b) below. The filing of an application shall not constitute temporary licensing to practice as a nursing home administrator in this state.

(b) The applicant for licensure as a nursing home administrator shall provide the following on or with the “Application for a License as a Nursing Home Administrator” form:

(1) Applicant's name, including any names previously used, residence address, business name and address, residence and business telephone numbers, age, birthplace, and date of birth;

(2) Applicant’s social security number, pursuant to RSA 161-B:11, VI-a;

(3) Applicant’s legal right to work status in accordance with Nuh 302.03;

(4) A certified copy of National Association of Long Term Care Administrator Boards or professional examination service examination scores;

(5) A completed “Administrator-In-Training Internship Evaluation Checklist” form, effective September 2018;

(6) A completed “Core of Knowledge Checklist” form, effective September 2018, which lists the course work in compliance with Nuh 301.02;

(7) Whether or not the applicant is licensed to practice as a nursing home administrator in any other state(s), and if yes, the state(s) and license number(s);

(8) Whether or not the applicant has ever been refused a license by any examining board, and if yes, details of such refusal;

(9) Whether or not the applicant has ever had a license revoked or suspended, or been placed on probation by any state board, and if yes, the details of such disciplinary action;

(10) Whether or not the applicant has been convicted of a crime, fraud, neglect, or abuse that has not been annulled by a court, other than a traffic violation, and if yes, the type of violation;

(11) Name(s) and addresses of college(s) attended, year(s) of attendance, degree(s) earned by applicant, and certified copies of diploma(s) and official transcript(s);

(12) Applicant’s employment record, including name of employer, title, employer address, specific duties, reason for leaving, total years employed, and dates employed;

(13) Three original letters of recommendation, 2 professional references and one personal reference, each written within the past 12 months;

(14) A “State License Clearance” form, effective September 2018, with completed personal information;

(15) A photograph of the applicant; and

(16) The applicant’s dated signature below the following certification:

I certify that there are no willful misrepresentations in and falsifications of the above statements and answers to questions. I understand that inquiry may be made of my employers, my sources of education, and of all references given about my character, qualifications, and record of employment, and if such an investigation should disclose misrepresentations and falsifications, my application will be rejected, and should I be licensed as a result of such statements, my license may be revoked.

(c) The applicant shall include the application fee specified in Nuh 307.01 which shall be cash, a check, money order or bank draft, made payable to Treasurer, State of New Hampshire.

(d) Every applicant for initial permanent licensure shall submit to the board a notarized criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; amd by #6466, eff 2-28-97; (a)-(c) EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, para (a); amd by #9830-B, eff 12-10-10, paras (b)-(d); ss by #12690, eff 12-19-18

Nuh 301.02 Educational Requirements.

(a) The candidate shall hold a bachelor's degree from an accredited college or university.

(b) The applicant shall have satisfactorily completed the core of knowledge checklist which includes completion of a minimum of 15 semester credits from an accredited college or university in course work in the following core areas:

(1) Applicable standards of environmental health and safety;

(2) Local health and safety regulations;

(3) General administration;

(4) Psychology of patient care;

(5) Principles of medical care;

(6) Personal and social care;

(7) Therapeutic and supportive care and services in long term care;

(8) Departmental organization and management; and

(9) Community interrelationships.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10; ss by #12690, eff 12-19-18

Nuh 301.03 Evidence of Experience. The candidate shall submit certified documentation of satisfactory completion of one year of experience as administrator-in-training (AIT) in a nursing home of at least 50 beds or equivalent experience as described in Nuh 306.01.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

Nuh 301.04 Filing Deadlines.

(a) Within 12 months of the filing of the application form, the candidate shall submit the required supporting documents as described in Nuh 301.01 or he or she shall be terminated as a candidate, and so notified, by the board by certified mail unless an extension of time was granted by the board prior to the expiration of the one year period.

(b) An extension of time shall be granted by the board upon a written request from the candidate with documentation that clearly demonstrates that the candidate is actually pursuing the completion of the licensing requirements.

(c) Only one such extension shall be granted by the board, and in no instance shall such extension be for more than one additional year.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

PART Nuh 302 QUALIFICATIONS

Nuh 302.01 Unqualified Applicants. If the applicant has not met the qualifications and requirements of RSA 151-A and these rules, the board shall notify the applicant. The board shall not process an application for the state or the National Association of Long Term Care Administrator Boards or professional examination service examinations until such qualifications and requirements have been met.

Source. #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

Nuh 302.02 Professional Character of Applicant. Upon investigation of the applicant, if it is alleged a substance abuse problem or conviction of a felony exist, the board shall conduct an inquiry pursuant to Chapter Nuh 200 into the allegation for possible denial of license. The applicant shall be informed of said inquiry. If the board determines that the applicant has a substance abuse problem or a felony record, the board shall deny the license.

Source. #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

Nuh 302.03 Documentation of Legal Right to Work.

(a) Proof of the legal right to work in the United States shall be required.

(b) The applicant shall provide one of the following:

(1) A certified copy of birth certificate;

(2) A copy of a certificate of naturalization;

(3) A copy of a legal permanent resident card; or

(4) A copy of a valid United States passport.

Source. #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

PART Nuh 303 EXAMINATIONS

Nuh 303.01 Examinations.

(a) Examination of candidates for licensure in New Hampshire shall be by National Association of Long Term Care Administrator Boards or professional examination service. Candidates for licensure shall also be required to pass an examination on New Hampshire Law RSA 151, RSA 151-A, Ph 705, Ph 706, Ph 707, HeP 803, and Chapters Nuh 100-500.

(b) The acceptable National Association of Long Term Care Administrator Boards or professional examination service passing exam grade shall be as set by the National Association of Long Term Care Administrator Boards or professional examination service.

(c) A score of 75 percent correct answers on the specific state part of the examination shall be the minimum passing score accepted by the board.

(d) Each candidate taking an examination shall certify that he or she has neither received nor given aid during the examination.

(e) Results of examinations shall be forwarded in writing to each applicant after completion of the exam.

(f) If a candidate fails to pass the state or the National Association of Long Term Care Administrator Boards or professional examination service examination, the candidate shall be notified in writing of the privilege of re-examination.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

PART Nuh 304 RECIPROCITY

Nuh 304.01 Intent. The board shall grant reciprocity as outlined in Nuh 304.02.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

Nuh 304.02 Procedures.

(a) A nursing home administrator holding a valid license as a nursing home administrator issued by a state board of examiners shall be eligible for licensure in New Hampshire upon payment of the initial application fee specified in Nuh 307.01 together with the filing of the application form and supporting documents, provided that the applicant successfully passes the examination as described in Nuh 303.01.

(b) The board shall compare the standards of the state issuing the original license at the time of the issuance of the original license with the standards in effect in New Hampshire at the same time.

(1) The other state’s standards are equal to or higher than this state’s requirements; and

(2) The other state gives similar recognition and endorsement to nursing home administrator licenses of this state.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; amd by #5524, eff 12-8-92; (b) and (c) EXPIRED: 2-13-98; (a) EXPIRED: 12-8-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830 -A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

Nuh 304.03 Documentation Required.

(a) To be eligible for license under reciprocity, any nursing home administrator licensed by another state shall submit to the board the following:

(1) A completed application form as described in Nuh 301.01;

(2) A certified copy of a current license issued by another state;

(3) Documentation of scores from the National Association of Long Term Care Administrator Boards or professional examination service examination for nursing home administrators;

(4) Certified transcripts of all post high school courses taken and degrees secured;

(5) Documentation of one year's related work experience as an administrator;

(6) Three original letters of reference, each written within the last 12 months, from unrelated persons who can attest to the applicant's moral and professional character; and

(7) Documentation of legal right to work in the United States pursuant to Nuh 302.03.

(b) The reference letters in (a)(6) above shall:

(1) Be from 2 professional and one personal reference;

(2) State in what context or capacity the individual has known the applicant; and

(3) State that the individual has known the applicant for at least one year.

(c) Upon the filing of the required documents for application for license under reciprocity, the board shall review the documents submitted and make a determination whether the documents meet the requirements for licensing under this part.

(d) The board shall require a candidate to appear in person if there should be any question of the candidate’s credentials.

(e) If the board determines that the documents submitted meet the requirements for licensing under reciprocity, the executive secretary of the board shall notify the applicant and advise him of the date of the next scheduled examination.

(f) If the applicant for reciprocity fails to meet the requirements for reciprocity, the applicant shall be required to meet the requirements of Nuh 301 to obtain licensure.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, paras (c)-(f); #9830-B, eff 12-10-10, paras (a)-(b); paras (c)-(f) EXPIRED: 12-10-18; ss by #12690, eff 12-19-18

Nuh 304.04 Temporary Permit to Work as an Administrator.

(a) Upon demonstration of an urgent need, included but not limited to a facility’s need for a licensed administrator, any candidate for licensure under Nuh 304 who meets all requirements as outlined in that section, and needs only to sit for the state examination, shall be provided with a temporary permit to work as an administrator in a nursing home within the state of New Hampshire.

(b) This temporary permit shall only be valid for a period of 6 months and shall not be renewable or reissued to the same candidate.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

PART Nuh 305 EMERGENCY PERMIT FOR ACTING ADMINISTRATOR

Nuh 305.01 Intent. This part shall not affect or abrogate the requirement that a nursing home, pursuant to RSA 151-A:2, shall have a full-time licensed administrator to operate.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

Nuh 305.02 Emergency Permit for Acting Administrator. The OPLC shall authorize a non-transferrable emergency permit for a non-licensed person to serve as acting administrator for a maximum period of 6 months, pursuant to RSA 151-A:7, II and Nuh 305.03.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18; ss by #13935, eff 6-22-24

Nuh 305.03 Petition.

(a) The facility applying for the emergency permit shall petition the OPLC in writing stating the specific circumstance surrounding the need for the emergency permit.

(b) The facility shall provide the following information regarding the proposed acting administrator:

(1) The proposed administrator’s name, address, age, birthplace, and date of birth;

(2) Where the proposed administrator has resided the past 5 years;

(3) Whether or not the proposed administrator has ever been refused a license by any examining board;

(4) Whether or not the proposed administrator has ever had a license revoked or suspended, or been placed on probation by any state board;

(5) Whether or not the proposed administrator has ever been arrested for or convicted of a crime, fraud, neglect, or abuse that has not been annulled by a court, other than a traffic violation; and

(6) Whether or not the proposed administrator meets the educational requirements outlined in Nuh 301.02; or

(7) Whether or not the proposed administrator is a currently, and in good standing, licensed registered nurse in the state of New Hampshire, with at least one years’ experience working in a skilled nursing home setting.

(c) The OPLC shall notify the New Hampshire department of health and human services if a facility requests 3 or more consecutive emergency permits.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18; ss by #13935, eff 6-22-24

Nuh 305.04 Emergency Permit Non-renewable. Any emergency permit issued under this part shall be valid for a period of 6 months and shall not be renewed.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

Nuh 305.05 Supervision.

(a) The acting administrator shall be supervised by a licensed administrator who is in good standing with the board and has at least 5 years’ experience operating a licensed nursing home.

(b) Any licensed administrator about to become a supervisor of an acting administrator shall notify the OPLC of their intent.

(d) The licensed administrator supervising an acting administrator shall provide at least 8 hours per week of direct onsite supervision of the acting administrator.

(e) The licensed administrator supervising the acting administrator shall be responsible for all aspects of the facility’s operation.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; rsvd by #5524, eff 12-8-92, EXPIRED: 12-8-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18; ss by #13935, eff 6-22-24; ss by #14145, eff 2-8-25

PART Nuh 306 CANDIDATE FOR EQUIVALENCY OF EXPERIENCE

Nuh 306.01 Equivalent Experience.

(a) The purpose of this section is to allow persons to seek a waiver of Nuh 301.03 by establishing equivalency of experience.

(b) An application by a candidate for equivalency of experience shall be made in writing, and shall set out fully the alternative experience acquired which the candidate seeks to have valued as equivalent to the AIT requirements specified in Nuh 301.03.

(c) The board shall review the candidates application for equivalency and shall consider the proposed program in light of the area and depth of experience acquired and its comparison to the AIT requirement as specified in Nuh 301.03.

(d) Pursuant to RSA 151-A:5, II if the applicant demonstrates the program has provided the same basic experience and training as the AIT requirement, as specified in Nuh 301.03, the board shall grant an equivalency in whole or parts thereof.

(e) The board shall notify that applicant in writing of its determination.

(f) Candidates aggrieved by the decision of the board may petition the board in writing for a hearing pursuant to Nuh 200.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; ss by #5524, eff 12-8-92, EXPIRED: 12-8-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

PART Nuh 307 FEES

Nuh 307.01 Board Fees. The fees as set by the board under RSA 151-A:4-a, II shall be as set forth in Table 307-1 License Fees below:

Table 307-1 License Fees

Type	Fee
Application Fee	$300.00
Reinstatement application	$300.00
Biannual Renewal Fee	$300.00
Emergency Permit	$300.00
Temporary Permit, including application fee	$300.00
Verification of license	$ 20.00
Certificate Replacement	$ 25.00
Replacement of Pocketcard	$ 10.00

Source. #7663, eff 3-19-02; ss by #7903, eff 6-19-03; ss by #8956, eff 7-26-07, EXPIRED: 7-26-15

New. #12436, eff 12-16-17

CHAPTER Nuh 400 CONTINUED STATUS

REVISION NOTE:

The Governor declared a State of Emergency in Executive Order 2020-04, which was effective 3-13-20. The declaration and subsequent Emergency Orders issued pursuant to Executive Order 2020-04 may have affected various rules and statutes governing licensees under Chapter Nuh 400, including rules on continuing education. The State of Emergency terminated at midnight on 6-11-21, and rules or statutes which had been amended during the State of Emergency were restored. To determine what rules in Nuh 400 were applicable during the State of Emergency, the user should check not only the source notes of the rules but also the Emergency Orders in effect at the time in question.

Document #13234, effective 7-15-22, amended subparagraph (b)(2) in Nuh 401.01 titled “Renewal of Registration” as an emergency rule. Pursuant to RSA 541-A:18, V, the emergency rule expired 1-11-22, and the rule Nuh 401.01 was effective again in its original form in Document #12436 as indicated in the source note.

PART Nuh 401 REGISTRATION AND RENEWAL

Nuh 401.01 Renewal of Registration.

(a) Before the end of the 2 year registration period, each licensee shall apply to the board for a new certificate of registration.

(b) Such renewal application shall consist of:

(1) A completed renewal form provided for such purpose by the board as specified in Nuh 401.02;

(2) Attested documentation of the completion of a minimum of 40 clock hours of continuing education in subjects related to nursing home administration in the 2 years which immediately precede the application for renewal of license;

(3) If licensed consecutively in New Hampshire for the last 15 years, shall submit attested documentation of completion of a minimum of 30 clock hours of continuing education in subjects related to nursing home administration earned in the 2 years which immediately precede the application for renewal of license; and

(4) The fee as specified in Nuh 307.01.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; amd by #5524, eff 12-8-92; (b)(1) and (c) EXPIRED: 2-13-98; (a), (b) intro., and (b)(2) EXPIRED: 12-8-98

New. #7663, eff 3-19-02; amd by #8956, eff 7-26-07; paras (a) and (c) EXPIRED: 3-19-10; para (b) EXPIRED: 7-26-15

New. #12436, eff 12-16-17; amd by #13234, EMERGENCY RULE, eff 7-15-21, EXPIRED: 1-11-22 (see Revision Note at chapter heading for Nuh 400)

Nuh 401.02 Renewal Application. As part of the renewal process, applicants shall submit a completed “Renewal Application” form, effective November 2017 and provided by the board.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-B, eff 12-10-10; ss by #12436, eff 12-16-17

Nuh 401.03 Reinstatement Where License Has Expired. In the event that a license is ineligible for renewal by reason of lack of continuing education unit (CEU) requirement, error, or non-payment of the renewal fee, the nursing home administrator whose license has expired shall be reinstated upon filing the “Reinstatement Application” form, submitting 3 letters of reference, as specified in Nuh 304.03(a)(6), and any state verifications where the applicant holds an active license stating that the applicants license is current and in good standing. If upon review of said materials the nursing home administrator is in good standing with such organizations and otherwise meets the requirements for licensure, the board shall reinstate the said nursing home administrator upon payment of applicable fees for reinstatement.

Source. #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

Nuh 401.04 Reinstatement Application. The applicant for reinstatement shall complete and submit an “Application for Reinstatement” form, effective September 2018, along with the following additional documentation:

(a) Proof of 40 CEU clock hours earned in programs approved pursuant to Nur 402.03;

(b) A current passport sized photograph; and

“I certify that there are no willful misrepresentations in and falsifications of the above statements and answers to questions. I understand that inquiry may be made of my employers and of all references given about my character, qualifications, and record of employment, and if such an investigation should disclose misrepresentations and falsifications, my application will be rejected, and should I be licensed as a result of such statements, my license may be revoked.”

Source. #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-B, eff 12-10-10; ss by #12690, eff 12-19-18

PART Nuh 402 DISCIPLINARY MATTERS

Nuh 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, when warranted, in response to information which reasonably suggests that a licensee has engaged in professional misconduct.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

Nuh 402.02 Disciplinary Sanctions.

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

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

(2) Pursuant to a mutually agreed upon settlement or consent decree.

(b) When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, where the license was not reinstated, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

(c) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 151-A:11 after considering the presence of aggravating or mitigating circumstances.

(d) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) The licensee’s prior disciplinary record;

(3) The licensee’s state of mind at the time of the offense;

(4) The licensee’s lack of willingness to cooperate with the board; and

(5) The potential harm to public health and safety.

(e) The following shall be considered mitigating circumstances:

(1) The absence of a prior disciplinary record;

(2) The licensee’s state of mind at the time of the offense;

(3) The licensee’s acknowledgement of his or her wrongdoing; and

(4) The licensee’s willingness to cooperate with the board.

(f) When the board receives information indicating that a licensee has engaged in or is likely to engage in professional conduct which poses an immediate danger to the public welfare, the board shall issue an order pursuant to RSA 541-A:30, III which sets forth the alleged misconduct and immediately suspends the license for up to 10 days pending completion of an adjudicative proceeding on the specified issues.

(g) Suspension orders under Nuh 402.02(f) shall set forth the procedures to be followed by the licensee in order to avail him or herself of the opportunity to be heard.

(h) No hearing date established in a proceeding conducted under Nuh 402.02(f) shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the board’s final decision.

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

Source. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

Nuh 402.03 Administrative Fines and Time Limitation for Payment of Administrative Fines.

(a) When, pursuant to Nuh 402.04, the board imposes an administrative fine for a violation of RSA 151-A or the rules promulgated pursuant thereto, the fine shall be paid within 30 days from the date the order of the board is rendered.

(b) Criteria for determining the amount of the fine shall be as follows:

(1) The fine shall be increased based upon testimony presented at the hearing establishing the existence of one or more of the following criteria:

a. The willfulness or negligence involved in the violation;

b. The number of previous violations; or

c. Any other unique or especially compelling circumstances clearly stated in the record of the hearing; and

(2) The fine shall be decreased based upon testimony presented at the hearing establishing the existence of one or more of the following criteria:

a. Good faith efforts to comply with the requirements of RSA 151-A and the rules of the board;

b. No previous history of non-compliance; or

c. Any other unique or especially compelling circumstances clearly stated in the record of the hearing.

Source. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

Nuh 402.04 Fine Schedule.

(a) If an administrator knowingly employs unlicensed persons, the fine shall not exceed $1000.

(b) If an administrator knowingly conceals violations of RSA 151-A and these rules, the fine shall not exceed $1000.

(c) If an applicant attempts to procure a license by bribery or fraudulent misrepresentation, the fine shall not exceed $1000.

(d) If the board has found that an administrator has committed a violation of these rules relating to the practice or ability to practice nursing home administration, the fine shall not exceed $2500.

(e) If a nursing home administrator participates in fraud or deceit in the practice of nursing home administration, the fine shall not exceed $2500.

(f) If a nursing home administrator exhibits negligence in the practice of nursing home administration, including acts inconsistent with the health, safety, and welfare of patients, whether or not actual harm comes to those patients, the fine shall not exceed $1000.

(g) The fine shall not exceed $2500, if a nursing home administrator exhibits misconduct in the practice of nursing home administration including but not limited to:

(1) Abuse or misuse of trust funds;

(2) Medicaid or insurance fraud;

(3) Exploitation of a patient; or

(4) Undue influence of a patient.

(h) If a nursing home administrator practices on a revoked license, the fine shall be $1000.

(i) If a nursing home administrator practices on a suspended license, the fine shall be $1000.

(j) If a nursing home administrator practices on a lapsed license, the fine shall be $100 a month until the license is reinstated.

(k) The board shall take into consideration the aggravating and mitigating factors outlined in Nur 402.02(c)-(e) to determine the specific amount to fine a nursing home administrator under (a)-(g) above.

Source. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

PART Nuh 403 CONTINUING EDUCATION STANDARDS

Nuh 403.01 Evidence of CEUs. The nursing home administrator shall be required to retain all certificates or other documented evidence of participation in an approved or accredited continuing education program or course for a period of at least 3 years.

Source. #1393, eff 7-1-79; ss by #2224, eff 1-1-83; ss by #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; rpld by #5326, eff 2-13-92, EXPIRED: 2-13-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

Nuh 403.02 CEU Forms. All nursing home administrators shall report CEU programs or courses with a “Continuing Education Form” provided by the board by stating the following:

(a) The name and home address of the nursing home administrator;

(b) The home phone number of the nursing home administrator;

(d) The date, topic, and sponsoring organization of course attended;

(e) Number of CEU clock hours;

(f) A copy of the certificate of attendance for each course; and

(g) The applicant’s dated signature attesting that there are no willful misrepresentations in or falsifications of the information provided.

Source. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-B, eff, 12-10-10; ss #12690, eff 12-19-18

Nuh 403.03 Approval of Programs. Approval of continuing education programs shall be based upon the following standards:

(a) The program shall directly relate to nursing home administration;

(b) The program shall be sponsored by an accredited college or university, or a recognized state or national professional association or trade association, or both, or shall have received the endorsement of the American College of Health Care Administrators or National Association of Long Term Care Administrator Boards;

(1) Its learning objectives;

(2) Detailed curriculum;

(3) Description of instructional materials;

(4) Bibliographies;

(5) Resumes of instructors and administrators involved;

(6) Evaluation methods;

(7) Credits awarded or clock hours of instruction;

(8) Record keeping of attendance;

(9) Reporting procedures; and

(10) Certifying officer; and

(d) The program shall be approved if:

(1) The requirements of this section are met; and

(2) The information supplied indicates persons attending such program shall have their knowledge of nursing home administration enhanced.

Source. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

CHAPTER Nuh 500 ETHICAL STANDARDS

PART Nuh 501 CODE OF ETHICS

Nuh 501.01 Code of Ethics. All licensed nursing home administrators shall abide by the following code:

(a) The administrator shall be an advocate for the total needs, personal, medical, psychological, social, and spiritual, of each individual for whom he or she is responsible;

(b) The administrator shall strive to participate in his or her community as a health professional to plan with others for the provision of appropriate health care services for all persons;

(c) The administrator shall continually strive to advance and broaden his or her knowledge and skills as an administrator to the best of his or her ability, by participating in educational and professional activities; and

(d) The administrator shall offer services which maximize the quality of life for those entrusted to his or her care.

Source. #2922, eff 12-10-84, EXPIRED: 12-10-90

New. #5097, eff 3-18-91; ss by #5326, eff 2-13-92; amd by #5524, eff 12-8-92; Nuh 501.01 intro. and (b)-(e) EXPIRED: 2-13-98; (a) EXPIRED: 12-8-98

New. #7663, eff 3-19-02, EXPIRED: 3-19-10

New. #9830-A, eff 12-10-10, EXPIRED: 12-10-18

New. #12690, eff 12-19-18

APPENDIX

Rule		Specific State Statute the Rule Implements
Nuh 101.01		RSA 541-A:16, I(a), 151-A:2, 151-A:3, 151-A:4
Nuh 102.01		RSA 541-A:7, 151-A:5, II
Nuh 102.02		RSA 541-A:7
Nuh 102.03		RSA 151-A:1, I
Nuh 102.04		RSA 151-A:1, III
Nuh 102.05		RSA 151-A:1, II
Nuh 102.06		RSA 151-A:4-a, 151-A:4, I(a), 541-A:16, I(c)
Nuh 103.01		RSA 151-A:3, I
Nuh 103.02		RSA 541-A:16, I(a)
Nuh 104		RSA 541-A:16, I(a)
Nuh 104.01		RSA 541-A:16, I(a) and (b) intro.; RSA 91-A:4
Nuh 104.02		RSA 541-A:16, I(a) and (b) intro.
Nuh 105		RSA 541-A:16, I(a), 151-A:4

	Nuh 201.01		RSA 541-A:16, I(b)-(d); RSA 151-A:11; RSA 151-A:4-a, IV
	Nuh 201.02		RSA 541-A:16, I (b) intro., RSA 541-A:22, IV; RSA 151-A:11; RSA 151-A:4-a, IV

Nuh 301.01		RSA 151-A:4-a, II and V
Nuh 301.02		RSA 151-A:4-a, VI; RSA 151-A:5, I
Nuh 301.03		RSA 151-A:4-a, V; RSA 151-A:5, II
Nuh 301.04		RSA 151-A:4-a, V
Nuh 302.01		RSA 151-A:4-a, V and VI; RSA 151-A:5; RSA 151-A:7, I
Nuh 302.02		RSA 151-A:4-a, V; RSA 151-A:11, I(d)
Nuh 302.03		RSA 151-A:4-a, V
Nuh 303.01		RSA 151-A:4-a, V; RSA 151-A:6
Nuh 303.02		RSA 151-A:4-a, V; RSA 151-A:6
Nuh 303.03 - 303.05		RSA 151-A:4-a, V; RSA 151-A:6
Nuh 304.01 - 304.02		RSA 151-A:4-a, V; RSA 151-A:7, II-a; RSA 151-A:9
Nuh 304.03		RSA 151-A:4-a, V and VI; RSA 151-A:7, II-a; RSA 151-A:9
Nuh 304.04		RSA 151-A:4-a, V; RSA 151-A:7, II-a; RSA 151-A:9
Nuh 304.01 - 304.02		RSA 151-A:4-a, V; RSA 151-A:7, II-a; RSA 151-A:9
Nuh 305.01		RSA 151-A:2; RSA 151-A:7, II
Nuh 305.02		RSA 151-A:7, II
Nuh 305.03		RSA 151-A:4-a, V; RSA 151-A:7, II
Nuh 305.04		RSA 151-A:4-a, II and V; RSA 151-A:7, II
Nuh 305.05		RSA 151-A:4-a, V; RSA 151-A:7, II
Nuh 306.01		RSA 151-A:4-a, V; RSA 151-A:5, II
Nuh 306.02		RSA 151-A:4-a, V and VI
Nuh 306.03		RSA 151-A:4-a, V
Nuh 307		RSA 151-A:4-a, II

Nuh 401.01		RSA 151-A:8, I-III
Nuh 401.03 - 401.04		RSA 151-A:4-a, II and V; RSA 151-A:8, V
Nuh 402		RSA 151-A:11 and RSA 151-A:4-a, III
Nuh 402.01		RSA 151-A:4-a, III, IV, and VII; RSA 151-A:11
Nuh 402.02		RSA 151-A:4-a, III and IV; RSA 151-A:11
Nuh 402.03 - 402.04		RSA 151-A:4, I(c); RSA 151-A:4-a, III; RSA 151-A:11
Nuh 403.01		RSA 151-A:4-a, V and VI; RSA 151-A:8, I-III
Nuh 403.02 - 403.03		RSA 151-A:4-a, V and VI; RSA 151-A:8, I-III

Nuh 501.01		RSA 151-A:4-a, V