CHAPTER Plc 1100 REFLEXOLOGISTS, STRUCTURAL INTEGRATORS, AND
ASIAN BODYWORK THERAPISTS
Statutory
Authority: RSA 310:6, II; RSA 328-H:5, VIII
REVISION
NOTE:
Pursuant to 2015, 276:107, effective
7-1-15, rulemaking authority under RSA 328-H:5, II, V, and VIII and RSA
328-H:15 over reflexologists, structural integrators, and Asian bodywork
therapists was transferred to the Executive Director of the Office of Professional
Licensure and Certification from the Commissioner of the Department of Health
and Human Services. The existing rules
of the Department numbered Chapter He-P 1400 and titled “Reflexologists,
Structural Integrators, and Asian Bodywork Therapists” were also transferred
pursuant to 2015, 276:45 under RSA 310-A:1-a, III. The former Chapter He-P 1400 subsequently
expired 3-20-18. RSA 310-A:1-a, III was
later amended as RSA 310-A:1-a, II pursuant to 2021, 91:76.
Document #13391, effective 5-27-22,
adopted a new Chapter Plc 1100 titled “Reflexologists, Structural Integrators,
and Asian Bodywork Therapists.” Document
#13391 replaced the prior filing for He-P 1400 in Document #9681, effective
3-20-10, which had expired 3-20-18.
PART
Plc 1101 PURPOSE AND APPLICABILITY;
SENDING NOTICES AND LICENSES; INCORPORATED DEFINITIONS
Plc 1101.01 Purpose. The purpose of this chapter is to implement
RSA 328-H relative to regulating the professions of reflexology, structural
integration, and Asian bodywork therapy, by establishing requirements for:
(a)
Obtaining and renewing a license to practice reflexology, structural
integration, or Asian bodywork therapy;
(b)
Obtaining the reinstatement of a license to
practice reflexology, structural integration, or Asian bodywork therapy that
has expired or was revoked, or the restoration of a license that was suspended;
and
(c)
Regulating the practices of licensed reflexologists, structural
integrators, and Asian bodywork therapists.
Source.
(See Revision Note at chapter heading for Plc 1100)
#13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36
Plc 1101.02 Applicability. This chapter shall apply to any individual
who intends to practice or who does actually practice reflexology,
structural integration, or Asian bodywork therapy in New Hampshire, except as
provided by RSA 328-H:13, reprinted in Appendix B.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1101.03 Notifications; Issuance of Licenses. The office of professional licensure and
certification (OPLC) shall send all notifications to applicants and licensees,
and all licenses issued pursuant to this chapter, in accordance with Plc
301.03.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1101.04 Incorporated Definitions. All terms used in these rules relative to procedures, applications, inspections, and fees
that are defined in Plc 100, Plc 200, Plc 300, Plc 400, or Plc 1000 shall have
the meaning specified in those chapters.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
PART
Plc 1102 CHAPTER-SPECIFIC DEFINITIONS
Plc 1102.01 “Advisory board” means “board” as defined in
RSA 328-H:2, II, namely, “the advisory board of reflexology, structural
integration, and Asian bodywork therapy.”
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1102.02 “Asian bodywork therapist” means a
practitioner providing Asian bodywork therapy in accordance with the scope of
practice described in RSA 328-H:3, III, reprinted in Appendix B.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1102.03 “Inappropriate sexual contact” means the
intentional touching of the client’s breasts or genitalia by the licensee when
such touching:
(a)
Is a therapeutic aspect of the therapy, but is done without the informed
consent of the client; or
(b)
Is not a necessary, therapeutic aspect of the therapy and is performed
primarily for the purpose of sexual arousal or gratification of the licensee or
the client, regardless of the client’s consent.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1102.06)
Plc
1102.04 “Licensee” means “licensee” as
defined in RSA 328-H:2, V, namely “a person to whom a license has been issued
pursuant to this chapter.” The term
includes “licensed practitioner”.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1102.08)
Plc
1102.05 “National certifying
organization” means an entity approved by the executive director to provide
certification of qualifications for licensure, as identified in Plc 1107.02.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1102.06 “Offense” means an act or acts of
inappropriate sexual contact occurring during the course of
a single therapy session.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1102.09)
Plc 1102.07 “Practice” means “practice” as defined in RSA
328-H:2, VI, namely, “the application of a system of structured touch therapies
which includes reflexology, structural integration, or Asian bodywork therapy.”
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1102.10)
Plc 1102.08 “Practitioner” means “practitioner” as
defined in RSA 328-H:2, VII, namely, “a person who practices touch therapies
for compensation and holds a current certification from an entity approved by
the executive director as a reflexologist, structural integrator, or Asian
bodywork therapist.”
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1102.11)
Plc 1102.09 “Reflexologist” means a practitioner
providing reflexology in accordance with the scope of practice described in RSA
328-H:3, I, reprinted in Appendix B.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1102.12)
Plc 1102.10 “Structural integrator” means a practitioner
providing structural integration in accordance with the scope of practice
described in RSA 328-H:3, II, reprinted in Appendix B.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1102.13)
PART
Plc 1103 ADVISORY BOARD
Plc 1103.01 Appointment of Advisory Board Members.
(a)
As required by RSA 328-H:6, the executive director shall appoint 3
practitioners to represent each field regulated under RSA 328-H on the advisory
board.
(b)
Each of the practitioners appointed to the advisory board shall:
(1) Have been certified by the appropriate
certifying organization for at least 2 years preceding the appointment;
(2) Be currently licensed in New Hampshire when
appointed and for the duration of the term; and
(3) As required by RSA 328-H:6, V, have been a
resident of New Hampshire for at least one year immediately preceding
appointment to the advisory board.
(c)
After the initial appointments to create staggered terms, and as
provided in RSA 328-H:6, each advisory board member shall:
(1) Be appointed to serve a 3-year term; and
(2) Serve for not more than 2 full consecutive
terms.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1103.02 Advisory Board Officers. Annually, at the first meeting of the
calendar year, the duly-appointed advisory board members shall elect, from
among the advisory board members, a chair and a vice chair.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1103.03 Advisory Board Address and Contact
Information.
(a)
The advisory board’s offices shall be at the offices of the OPLC,
located as specified in Plc 103.03.
(b)
All correspondence with the advisory board shall be addressed as
specified in Plc 103.03(d).
(c)
The telephone number of the advisory board shall be the number specified
in Plc 103.03(e).
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1103.04 Meetings of Advisory Board.
(a)
The advisory board shall meet at the call of the advisory board chair or
the executive director.
(b)
Meetings of the advisory board shall be held at the OPLC’s offices in
Concord, NH, or in such location as the executive director determines will be
most convenient for the largest number of anticipated attendees.
(c)
Notice of meetings shall be provided as required by RSA 91-A and RSA
310:5, VII.
(d) Records of the advisory board shall be
kept by the executive director as required by RSA 91-A.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1103.05 Responsibilities of Advisory Board.
(a)
As required by RSA 328-H:6, the advisory board shall advise and assist
the executive director with regard to the
implementation of this chapter.
(b)
If requested by the executive director based on a determination that the
expertise of the advisory board members is needed, one or more members of the
advisory board shall sit as part of a panel for an adjudicative hearing
conducted pursuant to the applicable provisions of Plc 200 and RSA 541-A.
(c)
If requested by the executive director based on a determination that the
expertise of advisory board members is needed, one or more members of the
advisory board shall assist with an investigation commenced pursuant to Plc 204
relative to complaints and investigations.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
PART
Plc 1104 INITIAL LICENSURE
Plc 1104.01 Qualifications for Initial Practitioner
Licensure. As required by RSA
328-H:8, I, to qualify for initial licensure as a practitioner, an individual
shall:
(a)
Be at least 18 years of age as of the date of application;
(b)
Hold a current certificate from a national certifying agency; and
(c)
Not have been convicted in New Hampshire or in any other jurisdiction of
any crime involving violence inflicted on a person or threatened against a
person, or any sexually-related crime.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1104.02 Initial License Application Submission. Any individual who meets the qualifications
established in RSA 328-H:8, I and restated in Plc 1104.01 and wishes to engage
in the practice of reflexology, structural integration, or Asian bodywork
therapy who is not licensed in New Hampshire shall apply by complying with Plc
304.01, subject to the following:
(b)
No criminal background check shall be required; and
(c)
The fee shall be the application processing and licensing fee specified
in Plc 1002.47, provided that an applicant who is active
military or a military spouse shall not pay the fee.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1104.01)
Plc
1104.03 Additional Information
Required for Initial Licensure. In
addition to the information required by Plc 304.03, the applicant shall provide
the following information:
(a)
Whether the applicant is applying for a license to practice reflexology,
structural integration, or Asian bodywork therapy; and
(b)
In addition to the name of each jurisdiction where the applicant holds
or held any professional license, certificate, registration, approval,
authorization, or any other governmental approval to practice reflexology,
structural integration, or Asian bodywork therapy, the same information for any
other related or unrelated profession the applicant is or has been licensed to
practice, and for each, the following:
(1) The profession in which the applicant is or
was licensed;
(2) The number of years the applicant was
licensed; and
(3) The status of the license or certificate,
including whether a license or certificate was denied or is active, suspended,
or revoked.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1104.04 Additional Documentation Required for
Initial Licensure. In addition to
the documentation required by Plc 304.04, the applicant shall provide
documentation of current certification by the applicable national certifying
organization, as provided in Plc 1107.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
Plc
1104.05 Processing of Applications
for Initial Licensure; Decisions.
(a)
The licensing bureau shall process the application as provided in Plc
304.06.
(b)
The application shall be subject to the abandonment provisions of Plc
304.06(h) and the withdrawal provisions of Plc 304.07.
(c) After determining that an application is complete, the licensing
bureau shall review the application in accordance with Plc 304.08.
(d)
The licensing bureau shall make a decision and
notify the applicant in accordance with Plc 304.09, subject to (e), below.
(e)
The licensing bureau shall approve an application for initial licensure
and issue a license if the applicant:
(1) Has submitted an application that meets the
requirements of Plc 1104.02;
(2) Meets the requirements specified in RSA
328-H:8, I, summarized in Plc 1104.01 and reprinted in Appendix B; and
(3)
Has not answered “yes” to any of the background and character questions
in Plc 304.03(e) or has provided an explanation of each “yes” answer pursuant
to Plc 304.04 demonstrating that similar circumstances are not likely to arise
in New Hampshire.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1104.02)
Plc 1104.06 Initial Licenses: Issuance and Duration.
(a)
The OPLC shall issue initial licenses in
accordance with Plc 304.11.
(b)
Initial licenses shall be valid as provided in
Plc 304.12.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1104.03)
Plc 1104.07 Challenging a Denial of Initial Licensure; Challenging License Conditions.
An applicant who wishes to challenge the denial of an application for
initial licensure or who wishes to challenge conditions
included in the license shall do so as provided in Plc 304.10.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
PART
Plc 1105 CONTINUED STATUS
Plc 1105.01 Licensee Obligations for Notifications,
Updates, Promotional Materials, and Posting. Each licensee shall comply with:
(a)
Plc 307.02 relative to required notifications,
updates of contact information, and providing information on how complaints can
be filed;
(b)
RSA 328-H:8, IV, relative to advertising and promotional materials; and
(c)
RSA 328-H:8, V, relative to posting and carrying the license.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1104.04)
Plc 1105.02 Obligations for Renewal. Each licensed practitioner shall:
(a)
Know when the individual’s current license is due to expire; and
(b)
File an application for renewal prior to the expiration of the current
license in accordance with Plc 1105.05 if the individual wishes to continue to
practice in New Hampshire.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1104.04)
Plc 1105.03 Notification of Pending License Expiration. The licensing bureau shall notify each
licensed practitioner of the pending expiration of the individual’s license in
accordance with Plc 308.03.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1105.04 Expired License.
(a)
If a complete application for renewal is not received until after the
expiration date of the license, the license shall be expired.
(b)
An individual whose license has expired shall not practice in New
Hampshire unless and until the license is reinstated within one year in
accordance with Plc 312.
(c)
An individual whose license has lapsed who wishes to obtain a license in
New Hampshire shall apply for an initial license in accordance with Plc
1104.02.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1105.05)
Plc 1105.05 Application for License Renewal. A licensed practitioner who wishes to
continue to practice in New Hampshire shall apply for renewal by complying with Plc 308.05,
subject to the following:
(a)
No profession-specific supplement shall be required;
(b)
The fee shall be the application processing and licensing fee for
renewal specified in Plc 1002.47, provided that an applicant who is active military or a military spouse shall not pay the fee;
and
(c)
The applicant shall provide proof of continued certification by the
applicable national certifying organization.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1105.01)
Plc
1105.06 Processing of Renewal
Applications; Decisions.
(a)
Within 30 days of receipt of an application submitted pursuant to Plc
1105.04, the licensing bureau shall process the application as provided in Plc
308.09.
(b)
The application shall be subject to the abandonment and withdrawal
provisions of Plc 308.10.
(c)
The licensing bureau shall review complete applications and notify the
applicant of its decision as provided in Plc 308.11 and RSA 541-A:29, II.
(d)
The licensing bureau shall issue a renewal license if the applicant:
(1) Has submitted a renewal application that
meets the requirements of Plc 1105.04;
(2) Is in compliance with
all provisions of RSA 328-H and Plc 1100, including:
a. Not having been convicted of any crime
involving violence inflicted on a person or threatened against
a person, or any sexually-related crime;
b. Not having been found after an adjudicative
proceeding conducted in accordance with applicable provisions of RSA 541-A and
Plc 200 to have committed an act of inappropriate sexual contact with a client;
c. Payment of any administrative fine imposed by
the executive director pursuant to Plc 311 and Plc 1106.03; and
(3) Meets the criteria for renewal specified in
Plc 308.02.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1105.02)
Plc 1105.07 Renewal Licenses.
(a)
The OPLC shall issue renewal licenses in accordance with Plc 308.13(a).
(b)
Renewal licenses shall be valid as provided in Plc 308.13(b).
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36 (formerly Plc 1105.03)
Plc 1105.08 Challenging a Denial of Registration
Renewal; Challenging License Conditions.
An applicant who wishes to challenge the denial of an application for
license renewal or who wishes to challenge conditions included in the license
shall do so in accordance with Plc 308.12.
Source.
#14444, eff 1-26-26, EXPIRES:
1-26-36
PART
Plc 1106 PROCEDURES; DISCIPLINARY
PROCEEDINGS; ADMINISTRATIVE FINES
Plc 1106.01 Rules of Practice and Procedure.
(a)
The rules in Plc 200 and Plc 311 shall govern procedures for:
(1) The receipt of misconduct complaints and the
investigation thereof;
(2) The conduct of disciplinary hearings and
non-disciplinary remedial hearings;
(3) Disciplinary and non-disciplinary remedial
proceedings;
(4) The imposition of license conditions;
(5) The assessment of administrative fines;
(6) Reciprocal discipline; and
(7) Rehearings and
appeals.
(b)
The rules in Plc 200 shall govern:
(1) The conduct of all other adjudicative and
non-adjudicative proceedings;
(2) Waivers of rules;
(3) Voluntary surrender of licenses; and
(4) Any other procedures not included in this
chapter.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1106.02 Suspension or Revocation of License. Plc 312 shall govern the reinstatement of a
license after expiration or revocation and the restoration of a license after
suspension.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
Plc
1106.03 Administrative Fines. Fines for violations of RSA 328-H and Plc
1100 shall be imposed in accordance with the following schedule, not to exceed
$2,000 per violation:
(a)
For submitting false or fraudulent information on or with an
application, the fine shall be $2,000;
(b)
For falsification of a license to practice reflexology, structural
integration, or Asian bodywork therapy, the fine shall be $2,000;
(c)
For knowingly advertising reflexology, structural integration, or Asian
bodywork therapy without having an active New Hampshire license, the fine shall
be $1,000 per month or portion thereof the practice or advertising occurs;
(d)
For knowingly practicing reflexology, structural integration, or Asian
bodywork therapy without having an active New Hampshire license, the fine shall
be $2,000 per month or portion thereof the practice or advertising occurs;
(e)
For willfully failing to cooperate during an investigation, the fine
shall be $750 per occurrence;
(f)
For committing an act or acts of inappropriate sexual contact, the fine
shall be $2,000 for each offense;
(g)
For knowingly continuing to practice in New Hampshire after failing to
maintain national certification in accordance with RSA 328-H:10, I, the fine
shall be $1,000 per month or portion thereof the practice occurs;
(h)
For failing to notify the executive director within 10 working days of
the expiration, suspension, or revocation of the licensee’s national
certification, the fine shall be $250 per month or portion thereof the notification
is late;
(i) For failing to notify the executive director
within 10 working days when a change of home or business address or change in
personal telephone number or email address occurs, the fine shall be $25 per
month or portion thereof the notification is late; and
(j)
For failing to notify the executive director within 10 working days of
any disciplinary action, including the imposition of fines or penalties, taken
against the licensee by another jurisdiction in which the licensee is licensed,
the fine shall be $250 per month or portion thereof the notification is late.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
PART
Plc 1107 CERTIFICATION REQUIREMENTS
Plc 1107.01 Certification Required. An applicant for an initial or renewal
license under RSA 328‑H and Plc 1100 shall have the specified
certification from the applicable certifying organization listed in Plc
1107.02, provided that an applicant having certification from a certifying
organization not listed in Plc 1107.02 may request a waiver under Plc 211 to
have the certification accepted based on a combination
of education, certification by the alternate organization, and experience.
Source.
(See Revision Note at chapter heading for Plc 1100)
#13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36
Plc
1107.02 Approved Certifying
Organizations. The certifying
organizations and certifications approved for each type of license shall be as
follows:
(a) For reflexology, foot certification from the
American Reflexology Certification Board (ARCB®);
(b)
For structural integration:
(1) Certification from a program that is
recognized by the International Association of Structural Integration (IASI) as
compliant with IASI’s current educational standards, as listed on the IASI
website at https://www.theiasi.net
or directly at https://www.theiasi.net/content.aspx?page_id=22&club_id=386922&module_id=552872;
or
(2) Membership in the IASI at a level that
requires a diploma or certificate from an IASI-recognized teaching institution;
and
(c) For Asian bodywork therapy, certification:
(1)
As a diplomate in Asian bodywork therapy from the National Certification
Commission for Acupuncture and Oriental Medicine (NCCAOM); or
(2)
From the American Organization for Bodywork Therapies of Asia (AOBTA).
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
Plc 1107.03 Maintenance of National Certification.
(a)
Licensed practitioners shall comply with the requirements for
maintaining certification established by the applicable certifying
organization, including but not limited to continuing education.
(b)
Licensed practitioners shall maintain continuous national certification
during a licensure period.
(c)
If a licensed practitioner’s national certification is revoked or
suspended by the certifying organization, or if the certification expires, the
practitioner shall:
(1) Notify the executive director within 10
working days; and
(2) Not engage in touch therapies for
compensation in New Hampshire unless and until becoming certified again.
Source.
(See Revision Note at chapter
heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES:
1-26-36
Appendix A: State Statutes Implemented
|
Rule |
State Statute(s) Implemented |
|
Plc
1101 |
RSA 328-H:1 |
|
Plc
1102 |
RSA 328-H:2 |
|
Plc
1103 |
RSA
328-H:6 |
|
Plc
1104 |
RSA
310:4, II(c); RSA 310:8; RSA 328-H:8 |
|
Plc
1105 |
RSA
310:8; RSA 328-H:8, V; RSA
328-H:9 |
|
Plc
1106 |
RSA
310:8; RSA 328-H:10; RSA 328-H:15 |
|
Plc
1107 |
RSA
328-H:5, I |
Appendix
B: Statutory Provisions
RSA
328-H:3 Scope of Practice for
Reflexologists, Structural Integrators, and Asian Bodywork Therapists.
I. Reflexologists practice the use of
alternating pressure applied to the reflexes within the reflex maps of the body
located on the feet, hands, and outer ears.
II. Structural integrators restore postural
balance and functional ease by systematically aligning and integrating the
human body in gravity.
Structural integrators work through manipulation of the connective
tissue matrix, enhancement of the client’s awareness, and education.
III. Asian bodywork therapists treat the
human body, mind, emotions, spirit, and energy field using traditional Asian
techniques and treatment strategies for the purpose of promoting, maintaining,
and restoring health. Asian bodywork
therapists use methods of assessment and treatment based on the principles of
Chinese medicine. Treatment may include,
but is not limited to touching, pressing or holding the body along meridians
and/or acupoints, application of heat or cold, stretching, external application
of herbal or other topical preparations not classified as prescription drugs,
and dietary or exercise suggestions.
Source.
2009, 67:1, eff. Aug. 8, 2009.
RSA 328-H:8 Practitioner License Issuance. –
I. The executive director shall issue a
practitioner license to each qualified applicant who:
(a) Is at least 18 years of age on the
date of the application;
(b) Makes an application on a form
prescribed by the executive director;
(c) Makes payment of the license fee;
(d) Has not been convicted in New
Hampshire or in any other state of any crime involving violence inflicted on a
person or threatened against a person, or any sexually-related crime; and
(e) Holds a current certificate from a
national certifying agency in accordance with RSA 328-H:2, VII that has been
approved under RSA 328-H:5, I, and as otherwise set forth in this chapter.
II. Licenses shall be issued based on the
applicant's specific training, and each license shall identify the specific
bodywork profession in which the applicant is trained and certified.
III. Licenses shall be valid for 2 years.
IV. All advertising and promotional material,
including but not limited to, business cards,
brochures, and yellow pages, must display the licensee's license number.
V. Practitioner licenses shall be posted in
each office the licensee practices in, or carried on
the licensee if the licensee practices at locations other than his or her own
office or offices.
Source.
2009, 67:1. 2014, 167:42. 2015, 276:107, eff. July 1, 2015. 2022, 314:16, eff.
July 1, 2022.
RSA
328-H:10 License Revocation or Suspension. –
After notice and opportunity for hearing, as provided under RSA 541-A, the
executive director may revoke or suspend any license issued pursuant to this
chapter if the licensee:
I. Fails to maintain his or her national certification as required by
RSA 328-H:2, VII;
II. Violates this chapter or any rule or order adopted or issued under
it;
III. Knowingly makes any false statement regarding the application or
license or in any report the board requires to be made;
IV. Fails to respond to any lawful inquiry of the executive director; or
V. Is convicted of any crime involving violence inflicted on a person or
threatened against a person, or any sexually-related crime.
Source.
2009, 67:1. 2015, 276:107, eff. July 1, 2015.
RSA 328-H:11
Hearings. – The contested case provisions of
RSA 541-A:31-36 shall apply when a person is aggrieved by a decision of the
executive director under this chapter. Appeals shall be made in accordance with
RSA 541-A.
Source.
2009, 67:1. 2015, 276:107, eff. July 1, 2015.
RSA
328-H:13 Exemptions. – Nothing in
this chapter shall prevent a person licensed by this state pursuant to any
other provision of law from performing the occupation for which he or she is
licensed.
Source.
2009, 67:1, eff. Aug. 8, 2009.