CHAPTER Plc 300  LICENSURE AND DISCIPLINE OF REGULATED PROFESSIONS

 

Statutory Authority:  RSA 310:6, II  &  V; RSA 310:16; RSA 332‑G:7, IV(c)

 

REVISION NOTE #1:

 

         Chapter Plc 300 was formerly titled “Massage Therapists”, but the rules on massage therapists were renumbered as Chapter Plc 900.  See Revision Note #1 # 1 and Revision Note #2 for Chapter Plc 900 titled “Massage Therapists” for the filings affecting the former Chapter Plc 300.

 

         Document #13606, effective 05-01-23, adopted new rules Part Plc 301 through Part Plc 304 and Part Plc 306 through Part Plc 311, and readopted with amendment and renumbered the existing rule Part Plc 801 titled “Temporary Licensure” as Part Plc 305, in Chapter Plc 300 now titled “Licensure of Regulated Professions”.  Document #13606 established uniform licensing procedures, basic responsibilities and obligations of licensees, including ethical and professional standards, and uniform procedures for disciplinary sanctions, for all licenses issued by the Office of Professional Licensure and Certification.

 

         The former Part Plc 801 had contained the only effective rules in the former Chapter Plc 800 titled “Temporary and Emergency Licensure of Health Care and Other Professionals.”  Document #13606 replaced all prior filings as follows affecting the former Chapter Plc 800:

 

         Plc 800

 

         Document #13011, effective 3-24-20, originally adopted Chapter Plc 800 as an emergency rule titled “Emergency Licensure”, containing Part Plc 801 titled “Scope and Duration” and Part Plc 802 titled “Procedures for Applying for an Emergency License” containing 2 rules: Plc 802.01 titled “Method of Applying for an Emergency License” and Plc 802.02 titled “Processing of Applications.”  Document #13011 implemented the Governor’s Emergency Order #15, effective 3-23-20, but as an emergency rule Chapter Plc 800 in Document #13011 expired 9-20-20 pursuant to RSA 541-A:18, I. 

 

         Document #13027, effective 4-9-20, readopted with amendment Plc 802.02 as an emergency rule, which expired 10-6-20.

 

         Chapter Plc 800 was adopted again, with the amendment in Plc 802.02, by the Governor’s Emergency Order #29, Exhibit P, effective 10-15-20, after the emergency rules expired.

 

         Document #13145, effective 12-11-20, adopted Plc 802.03 as an emergency rule titled “Method of Applying for a Student Nursing Emergency License”, which expired 6-9-21. Document #13145 implemented the Governor’s Emergency Order #75, effective 12-10-20.

 

         Document #13153, effective 12-31-20, then adopted Plc 802.04 as an emergency rule  titled “Method of Applying for a Licensed Nursing Assistant (LNA) Emergency License.” Document #13153 implemented the Governor’s Emergency Order #78, effective 12-30-20. 

 

         The expiration of the State of Emergency by the Governor at midnight June 11, 2021 terminated the Emergency Orders still in effect.  Plc 802.03 in Document #13145 had already expired 6-9-21 as an emergency rule. 

 

         Document #13213, effective 6-11-21, adopted Chapter Plc 800 again as an emergency rule, with the exception of Plc 802.04 in Document #13153 which was still in effect.  Plc 800 was now re-titled “Temporary Licensure”, with changes from the rules in Document #13011 and #13027.  Document #13213 contained Part Plc 801 titled “Scope and Duration” and Part Plc 802 titled “Procedures for Applying for a Temporary License”.  Part Plc 801 contained 2 rules—Plc 801.01 titled “Scope” and Plc 801.02 titled “Duration.”  Part Plc 802 contained 2 rules—Plc 802.01 titled “Method of Applying for a Temporary License” and Plc 802.02 titled “Processing of Applications.”  Plc 802.04 in Document #13153 expired as an emergency rule 6-29-21.

 

         Document #13262, effective 9-17-21, adopted Plc 803 titled “Emergency Licensure under Laws of 2021, 121:2” as an emergency rule, containing Plc 803.01 through Plc 803.07.  The rules in Document #13262 expired 3-16-22.

 

         Document #13292, effective 11-24-21, readopted with amendment the rules in Document #13213 as regular rules before they would have expired as emergency rules on 12-8-21. Chapter Plc 800 was re-titled “Temporary and Emergency Licensure of Health Care and Other Professionals.”  The former Part Plc 801 titled “Scope and Duration” was readopted with amendment and re-titled “Temporary Licensure”, and the former Plc 801.01 and Plc 801.02 were readopted with amendments and renumbered as Plc 801.01 through Plc 801.03.  The former Plc 802.01 titled “Method of Applying for a Temporary License” was readopted with amendment and renumbered as Plc 801.04 through Plc 801.06.  The former Plc 802.02 titled “Processing of Applications” was readopted with amendment and renumbered as Plc 801.07.  Part Plc 802 was reserved.

 

         Document #13319, effective 12-23-21, then adopted Part Plc 802 as an emergency rule and was titled “Expedited Issuance of Temporary Licenses; Conversion of Emergency Licenses to Temporary Licenses”, containing Plc 802.01 through Plc 802.04, and which expired 6-21-22.

 

REVISION NOTE #2:

 

          Document #13955, effective 5-3-24, adopted, readopted, readopted and renumbered, readopted with amendment, or readopted with amendment and renumbered various rules in Chapter Plc 300.  The former numbers of existing rules are indicated in the source notes.

 

          The amendments in Document #13955 contained extensive changes in rule text, including the deletion of some rules, the insertion of new rules, and the renumbering of existing rules, particularly in Part Plc 302 titled “Definitions”; the former Part Plc 309 titled “Reinstatement”, renumbered as Part Plc 312 titled “Obtaining a License After Expiration, Suspension, or Revocation”; the former Part Plc 310 titled “Ethical and Professional Standards”, renumbered as Part Plc 309; the former Part Plc 311 titled “Disciplinary Actions”, renumbered as Part Plc 310 titled “Complaints; Investigations; Disposition Without Adjudication”; and the former Part Plc 213 titled “Disciplinary Proceedings; License Conditions” in Chapter Plc 200, renumbered as rules in Part Plc 311 also titled “Disciplinary Proceedings; License Conditions”, as explained below .

 

            Document #13955 adopted or inserted the following new rules in the Parts indicated:

 

            PART Plc 302  DEFINITIONS

                  Plc 302.03 defining “application-related fees.”

                  Plc 302.04 defining “authorized signer.”

                  Plc 302.06 defining “contact individual.”

                  Plc 302.08 defining “continuing competence”.

                  Plc 302.10 defining “DEA registration number.”

                  Plc 302.15 defining “in good standing.”

                  Plc 302.19 defining “military spouse.”

                  Plc 302.27 defining “special use temporary license.”

 

          PART Plc 307 LICENSEE OBLIGATIONS; INACTIVE STATUS FOR RESERVE

                                  MILITARY CALLED TO ACTIVE DUTY

                  Plc 307.04 titled “Licensee Obligations for Continuing Competence.”

                  Plc 307.06 titled “Inactive Status for Reserve Military Called to Active Duty.”

                  Plc 307.07 titled “Reactivation from Inactive Status.”

 

          PART Plc 310 COMPLAINTS; INVESTIGATIONS; DISPOSITION WITHOUT

                                  ADJUDICATION

                  Plc 310.03 titled “Complaints.”

                  Plc 310.06 titled “Settlement Procedures; Non-Disciplinary Actions.”

 

          PART Plc 311 DISCIPLINARY PROCEEDINGS; LICENSE CONDITIONS

                  Plc 311.01 titled “Purpose.”

                  Plc 311.07 titled “Misconduct.”

                  Plc 311.10 titled “Method for Determining Sanctions.”

                  Plc 311.11 titled “Standards for the Section of Sanctions.”

                  Plc 311.12 titled “Administrative Fines.”

 

            The former Plc 302.20 defining “supported boards, commissions, and councils” was readopted with amendment as “board” and renumbered as Plc 302.05.  The former Plc 302.16 defining “reciprocity” was readopted with amendment as “endorsement” and renumbered as Plc 302.12.  The former Plc 302.08 defining “lapsed” was readopted with amendment as “expired” and renumbered as Plc 302.14.  The former Plc 302.03 defining “compliance bureau” was readopted with amendment as Plc 302.16 defining “inspection assignment coordinator.”  A portion of the text in Plc 305.02 titled “Applicability” on temporary licensure was moved to Plc 302.27 defining “special use temporary license.”

 

            The former Plc 213.01 titled “Definitions” was readopted with amendment and renumbered as Plc 311.02.  The former Plc 213.02 titled “Grounds for Denying an Initial License Application” was readopted with amendment and renumbered as Plc 311.03 titled “Additional Grounds for Denying an Initial License Application”.  The former Plc 213.03 titled “Grounds for Suspension, Revocation, or Refusal to Renew was readopted with amendment and renumbered as Plc 311.04 titled “Additional Grounds for Suspension, Revocation, or Refusal to Renew”.  The former Plc 213.04 titled “Burden of Persuasion” was readopted with amendment and renumbered as Plc 311.15 titled “Burden of Persuasion in Reciprocal Discipline Cases.”  The former Plc 213.05 titled “Determination to Deny a License Application or to Suspend, Revoke, or Refuse to Renew a License” was readopted with amendment and renumbered as Plc 311.05 titled “Determination to Deny a License Application Based on Alleged Misconduct or to Suspend, Revoke, or Refuse to Renew a License Based on Alleged Misconduct.”  The former Plc 213.06 titled “License Conditions” was readopted with amendment and renumbered as Plc 311.06.

 

PART Plc 301  PURPOSE; APPLICABILITY; SENDING NOTICES AND LICENSES; AVAILABILITY OF CONTACT INFORMATION; COMPUTATION OF TIME; INCORPORATED DEFINITIONS

 

          Plc 301.01  Purpose.  The purpose of this chapter is to establish:

 

          (a)  Uniform procedures for applicants to submit applications for initial and renewal licensure and for reinstatement of licensure;

 

          (b)  Uniform procedures for the office of professional licensure and certification (OPLC) to process and make decisions on submitted applications based on criteria established by the applicable board;

 

          (c)  Uniform procedures for temporary licensing under RSA 310:6, V and RSA 332-G:14;

 

          (d)  Uniform procedures for facilitated temporary licensing of military personnel and spouses of military personnel under RSA  310:16;

 

          (e)  Uniform responsibilities and obligations and ethical and professional standards for licensees to complement and supplement any such standards established in applicable law;

 

          (f)  Uniform criteria and procedures for imposing disciplinary sanctions against licensees; and

 

          (g)  Uniform procedures for facilitated licensing of professionals licensed in other jurisdictions having requirements that are substantially similar to New Hampshire’s requirements, as required by RSA 310:17.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24

 

          Plc 301.02  Applicability.

 

          (a)  Subject to (b) and (c), below, this chapter shall apply to any person who intends to practice, or who does actually practice, a profession regulated by any applicable board.

 

          (b)  This chapter shall not apply to any person made exempt from licensure by applicable law.

 

          (c)  If the OPLC has a contract with a third party organization to process initial applications for licensure in New Hampshire on behalf of any applicable board, for example the National Association of State Boards of Accountancy (NASBA) on behalf of the board of accountancy, then:

 

(1)  Notice of how individuals can apply for initial licensure shall be posted on the OPLC web page, https://www.oplc.nh.gov; and

 

(2)  The provisions of this chapter relative to submitting an application for initial licensure shall not apply to such applications.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 301.03  Notifications; Issuance of Licenses.

 

          (a)  The OPLC shall send all notifications to applicants and licensees and all licenses issued pursuant to this chapter to the applicant’s or licensee’s designated email address.

 

          (b)  All notifications sent to a designated email address for which the OPLC does not receive any indication that the email was not delivered shall be deemed to have been received by the person who designated the email address.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24

 

          Plc 301.04  Availability of Information on Applicants and Licensees.

 

          (a)  The OPLC shall maintain a registry of applicants that includes:

 

(1)  For applicants who are individuals:

 

a.  The individual’s full name and contact information;

 

b.  The type of license applied for; and

 

c.  The status of the application; and

 

(2)  For applicants who are legal entities:

 

a.  The full legal name of the entity and each name under which the entity does business in New Hampshire;

 

b.   The entity’s contact information;

 

c.  The type of license applied for; and

 

d.  The status of the application.

 

          (b)  The OPLC shall maintain a registry of licensees that includes:

 

(1)  For licensees who are individuals:

 

a.  The individual’s full name and contact information;

 

b.  The type of license issued to the individual;

 

c.  The license number; and

 

d.  The status of the license;

 

(2)  For licensees who are legal entities:

 

a.  The full legal name of the entity and each name under which the entity does business in New Hampshire;

 

b.   The entity’s contact information;

 

c.  The type of license issued to the entity;

 

d.  The license number; and

 

e.  The status of the license; and

 

(3)  For all licensees:

 

a.  The date of initial licensure; and

 

b.  Period(s) of active licensure.

 

          (c)  In response to a request or on its website, the OPLC shall disclose:

 

(1)  The name, type of license applied for, and application status of any applicant or category of applicants for whom the information is requested; and

 

(2)  The name, license type, license number, and license status of any licensee or category of licensees for whom the information is requested.

 

          (d)  For applicants and licensees who are individuals, the OPLC shall not disclose any of the individual’s contact information unless:

 

(1)  The individual has specifically authorized such disclosure; or

 

(2)  The OPLC is ordered by a court of competent jurisdiction to disclose the information.

 

          (e)  For applicants and licensees who are legal entities, the OPLC shall not disclose the entity’s designated email address unless:

 

(1)  The entity has specifically authorized such disclosure; or

 

(2)  The OPLC is ordered by a court of competent jurisdiction to disclose the information.

 

          (f)  Nothing in this section shall prohibit the OPLC from disclosing:

 

(1)  Aggregate data that does not contain any personal identifiers, for example the number of licenses issued for a particular profession during a specified time period; or

 

(2)  Limited data sets and statistical tables as provided in RSA 91-A:10, II.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 301.05  Computation of Time.

 

          (a)  Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

 

          (b)  Computation of any period of time established in these rules shall begin with the day after the action that sets the time period in motion and include the last day of the period so computed.

 

          (c)  For time periods not established in statute, if the last day of the period so computed does not fall on a working day, then the time period shall be extended to include the first working day following.

 

          (d)  Time periods established in statute shall be determined as specified in the statute.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 301.06  Incorporated Definitions.  All terms used in these rules relative to procedures, applications, inspections, and fees that are defined in Plc 100, Plc 200, Plc 400, or Plc 1000 shall have the meaning specified in those chapters.

 

Source.  #14137, eff 12-1-24

 

PART Plc 302  CHAPTER-SPECIFIC DEFINITIONS

 

          Plc 302.01  “Application-related fees” means:

 

          (a)  For applications for initial licensure, the application processing and licensing fee specified in Plc 1002 and any inspection fee specified in Plc 1001.18, plus any examination fee required pursuant to Plc 303.04 or established in Plc 1004, paid directly to the third party testing organization;

 

          (b)  For applications for renewal licensure, the application processing and licensing fee specified in Plc 1002 and any inspection fee specified in Plc 1001.18; and

 

          (c)  For applications for reinstatement, the application processing and licensing fee specified in Plc 1002, and:

 

(1)  If applicable law requires an inspection for reinstatement, the inspection fee specified in Plc 1001.18; and

 

(2)  If applicable law requires an examination for reinstatement, the examination fee required pursuant to Plc 303.04 or established in Plc 1004, paid directly to the third party testing organization.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 202.03); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 302.02  “Authorized signer” means the individual who has been duly authorized by an entity to sign applications and related documents that are submitted to the OPLC.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.04)

 

          Plc 302.03  “Contact individual” means the individual who has been duly authorized by an entity to interact with the OPLC regarding licensing issues.  The authorized signer and the contact individual may be, but are not required to be, the same individual.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.06)

 

          Plc 302.04  “DEA registration number” means a number assigned by the U.S. Drug Enforcement Administration (DEA) to an individual or an entity that allows the recipient to prescribe, handle, order, store, or dispense controlled substances.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.10)

 

          Plc 302.05  “Endorsement” means the acceptance of another jurisdiction’s licensure as proof of qualifying for licensure in New Hampshire.  The term includes “portability”, “license recognition”, “reciprocity”, and any other term used in applicable law to mean the same thing.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 302.20) (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.12)

 

          Plc 302.06  “Foreign jurisdiction” means a jurisdiction that is outside of any state of the U.S., the District of Columbia, the Commonwealth of Puerto Rico, a trust territory of the Pacific Islands, or any territory or possession of the United States.

 

Source.  14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 302.07  “National provider identifier (NPI)” means the unique identification number for covered health care providers, created under the Health Insurance Portability and Accountability Act (HIPAA) to help send health information electronically more quickly and effectively.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24; renumbered by #14305 (formerly Plc 302.06)

 

          Plc 302.08  “Practice”, as a verb, means to engage in a regulated profession.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 302.04) (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.23); renumbered by #14305 (formerly Plc 302.07)

 

          Plc 302.09  “Special use temporary license” means a license issued by the OPLC on behalf of a board that allows the person licensed to engage in a specific aspect of a regulated profession for a specified, limited period of time in New Hampshire, in lieu of needing to obtain a regular license.  The term includes, but is not limited to, temporary licenses from the board of professional engineers or board of professional geologists that allow work on a specific project or from the NH real estate appraisers board to allow work on a single assignment.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.27); renumbered by #14305 (formerly Plc 302.08)

 

          Plc 302.10  “Substantially similar requirements”, for purposes of licensure by endorsement, means requirements that meet the criteria specified in Plc 313.13 or subsequent sections in Plc 313, as applicable.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 302.05) (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.28); renumbered by #14305 (formerly Plc 302.09)

 

          Plc 302.11  “Third party testing organization” means any regional or national accrediting or testing organization that administers an examination that is required by applicable law for licensure in New Hampshire.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.29); renumbered by #14305 (formerly Plc 302.10)

 

PART Plc 303  REQUIRED CREDENTIALS AND EXAMINATIONS

 

          Plc 303.01  Timing of Obtaining Credentials Relative to Applications.  If applicable law requires individuals to hold credentials from a regional or national organization in order to practice in New Hampshire, the applicant shall obtain such credentials prior to submitting an application for licensure in New Hampshire unless applicable law allows an application to be filed prior to actually receiving the credentials.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 303.02  Timing of Third Party Examinations Relative to Applications.  If applicable law requires applicants to obtain prior permission from the applicable board to take an examination from a third party testing organization, the applicant shall submit an application for licensure prior to registering for and taking the examination.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 303.03  Evaluation of Foreign Credentials Required.

 

          (a)  Except as provided in (b), below, any individual who is applying for an initial license or a conditional license, where any part of the required credentials were issued by or in a foreign jurisdiction, shall submit with the application an evaluation of the applicant’s credentials by a member of:

 

(1)  The National Association of Credential Evaluation Services (NACES), available at https://www.naces.org/; or

 

(2)  The Association of International Credentials Evaluators (AICE), available at https://aice-eval.org/.

 

          (b)  If the license that is subject to (a), above, is in the profession of physical therapy, the applicant shall submit with the application an evaluation of the applicant’s credentials by the Foreign Credentialing Commission on Physical Therapy (FCCPT), available at https://www.fccpt.org/.

 

          (c)  An individual who is applying to have a license restored or reinstated who was required to obtain additional education as a condition of being returned to active status and who obtained the additional education in a foreign jurisdiction, shall submit with the application an evaluation of the additional education by:

 

(1)  A member of an organization listed in (a)(1) or (2), above, if not in the field of physical therapy; or

 

(2)  If in the field of physical therapy, by the organization listed in (b), above.

 

Source.  #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 303.04  Examinations Administered by Third Party Testing Organizations.

 

          (a)  If applicable law requires applicants to pass one or more examinations administered by a third party testing organization, whether to test an applicant’s knowledge and skills to practice the profession generally or an applicant’s knowledge of New Hampshire jurisprudence, or both, an individual seeking to obtain a license shall:

 

(1)  Register directly with the testing organization, including paying any fee(s) required by the testing organization; and

 

(2)  Request the testing organization to transmit the results directly to the licensing bureau.

 

          (b)  Any individual seeking reasonable accommodations for disabilities in the administration of the third party testing shall do so through the testing organization.

 

          (c)  Any individual seeking to retake an examination administered by a third party testing organization shall apply to retake the examination directly to the testing organization, including paying any fee(s) required by the testing organization, in accordance with the applicable requirements of the applicable board and testing organization.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #14305, eff 8-19-25, EXPIRES: 8-19-35 (formerly Plc 303.03)

 

          Plc 303.05  Examinations Administered by Licensing Bureau.

 

          (a)  Any individual seeking to practice in a profession for which applicable law requires applicants to pass an examination, such as a jurisprudence examination, that is administered by the licensing bureau on behalf of an applicable board, shall file the application in order to be eligible to take the exam.

 

          (b)  Any individual seeking reasonable accommodations for disabilities in the administration of the testing shall do so through the licensing bureau.

 

          (c)  Any individual seeking to retake an examination administered by the licensing bureau on behalf of an applicable board shall apply to retake the examination directly to the licensing bureau.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; renumbered by #14305 (formerly Plc 303.04)

 

          Plc 303.06  English Language Proficiency Examinations.

 

          (a)  Any individual seeking to practice in a profession for which applicable law requires applicants meeting certain criteria to pass an English language proficiency examination shall register directly with a third party testing organization to take the exam identified in applicable law.

 

          (b)  Any individual seeking reasonable accommodations for disabilities in the administration of an English language proficiency examination shall do so through the testing organization.

 

          (c)  Any individual seeking to retake an English language proficiency examination shall apply to retake the examination directly to the testing organization, including paying any fee required by the testing organization.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; renumbered by Plc 303.05)

 

PART Plc 304  INITIAL LICENSURE

 

          Plc 304.01  Applying for Initial Licensure.  Any person who wishes to apply for a New Hampshire license in a regulated profession in which the person is not currently licensed in New Hampshire or in another jurisdiction having substantially similar requirements for licensure and covered in Plc 313 shall:

 

          (a)  Submit the following to the licensing bureau using the portal available via www.oplc.nh.gov or, if the portal is not available or if submitting the application via the portal is not practicable for the applicant, by mailing a paper application to the address specified in Plc 103.03:

 

(1)  A completed “Universal Application for Initial License”, dated June 2025, that provides the information required by Plc 304.03 and is signed and attested to as specified in Plc 304.05;

 

(2)  The additional information or documentation specified in Plc 304.04, as applicable;

 

(3)  Any profession-specific addendum or supplement to the universal application identified in profession-specific rules, that is signed and attested to in accordance with:

 

a.  The profession-specific rules; or

 

b.  Plc 304.05, if not otherwise specified in profession-specific rules; and

 

(4)  The application-related fees for initial licensure, unless Plc 304.02(a) applies;

 

          (b)  If applicable law requires a criminal records check, complete the process established by applicable law and the NHDOS for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and directing that the results be sent to the licensing bureau, provided that proof of the applicant’s military security clearance may be provided in lieu of the criminal background check if allowed by applicable law; and

 

          (c)  If applicable law requires proof of post-high school education, arrange for an official transcript, which shows the relevant degree awarded or training received and the date the degree was awarded or training was completed, to be sent by the issuing institution electronically to the licensing bureau at customersupport@oplc.nh.gov or, if not possible to transmit electronically, by mailing the transcript to the OPLC licensing bureau at the address specified for the OPLC in Plc 103.03.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 304.02  Facilitated Licensing for Active Military and Military Spouses and Individuals Licensed in Another Jurisdiction Having Substantially Similar Requirements.

 

          (a)  Individuals who are on active military duty and military spouses who are not licensed in New Hampshire or in another jurisdiction with substantially similar requirements who wish to be licensed in New Hampshire shall apply for initial licensing as specified in Plc 304.01, except that the only application-related fees that shall be paid are those for inspections, if any, and examinations, if any.

 

          (b)  Individuals who are licensed in another jurisdiction that has substantially similar requirements who wish to be licensed in New Hampshire may apply in accordance with Plc 313 if their profession is listed in Plc 313.02.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 304.03  Information Required for Initial License Application.  On the application form identified in Plc 304.01(a)(1), the applicant shall identify the profession for which the application is being filed and indicate whether the applicant is an individual or an entity, and then provide the following information:

 

          (a)  If the applicant is an individual, the following:

 

(1)  The applicant’s full legal name, including any suffix such as “Jr.” or “III”, and any other name(s) the applicant has ever used to obtain education, profession-related training, or government services including licensure of any kind;

 

(2)  The applicant’s date of birth by month, day, and year;

 

(3)  The applicant’s social security number or other U.S. taxpayer identification number, as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

 

(4)  The applicant’s home physical address by street name and number, apartment number if applicable, municipality, county, state, zip code, and country if not the U.S., and home mailing address if different;

 

(5)  The applicant’s home or other personal telephone number;

 

(6)  The applicant’s designated email address;

 

(7)  The name, physical address, and telephone number of the applicant’s anticipated office or other place of business, if known;

 

(8)  Whether the applicant speaks English as the primary language and, if not, the applicant’s primary language and other secondary languages;

 

(9)  Whether the applicant is on active military duty or is a military spouse, and whether the applicant is applying for facilitated licensure;

 

(10)  The following information, to be used solely for purpose of workforce data analysis, provided that “prefer not to answer” shall be an acceptable response to any or all question(s):

 

a.  Applicant’s sex;

 

b. Applicant’s race or ethnicity, including information regarding Hispanic, Latino/a, or Spanish origin;

 

c.  Highest level of education, whether or not related to the profession in which licensure is being sought;

 

d.  Where the applicant completed the education program or degree, as applicable, that first qualified the applicant for the license being applied for, provided that if the program or degree was completed on-line, identify where the on-line program was housed;

 

e.  Relative to the applicant’s employment status, whether the applicant is:

 

1.  Actively working in a position that requires the license being applied for;

 

2. Actively working in a position in the same profession that does not require this license;

 

3. Actively working in a position in a different profession;

 

4. Not currently working; or

 

5. Retired;

 

f.  Relative to the applicant’s employment plans for the next 2 years, whether the applicant intends to:

 

1.  Increase hours in a field related to this license;

 

2.  Decrease hours in a field related to this license;

 

3.  Seek employment in a field unrelated to this license;

 

4.  Retire;

 

5.  Continue as is; or

 

6.  Not sure or plans unknown;

 

g.  Identification of the specialty, field, or area of practice in which the applicant spends the most professional time;

 

h.  Whether the applicant uses or expects to use telehealth to deliver services to patients;

 

i.  The state in which the applicant’s primary practice is located, if applicable;

 

j.  The 5-digit zip code of the applicant’s primary practice location, if applicable;

 

k.  Relative to the applicant’s current employment arrangement at their principal practice location, whether the applicant is:

 

1.  Self-employed or a consultant;

 

2.  A salaried employee;

 

3.  An hourly employee;

 

4.  In temporary employment or Locum Tenens;

 

5.  Other arrangement; or

 

6.  Not employed; and

 

l.  In the applicant’s primary employment or practice, whether the applicant’s primary role is that of:

 

1.  Administrator;

 

2.  Clinical practitioner;

 

3.  Faculty or other educator;

 

4.  Researcher;

 

5.  Other; or

 

6.  Not applicable;

 

(11)  For applicants in any health care field:

 

a.  Identification of the practice setting at the applicant’s primary practice location;

 

b.  What population groups the applicant provides services to;

 

c.  An estimate of the number of hours per week the applicant spends at their primary practice location; and

 

d.  An estimate of the number of hours per week the applicant spends in direct patient care;

 

(12)  For applicants in any health care field, whether the applicant intends to practice in New Hampshire more than 50% of the time, whether in-person or by telehealth;

 

(13)  If specific training or a specific degree is required by applicable law, the name of the educational institution that provided the training or degree required and the date the training was completed or degree was received; and

 

(14)  Any other profession-specific information required by applicable law, to the extent not otherwise covered by this section;

 

          (b)  If the applicant is an entity, the following:

 

(1)  The applicant’s full legal name as shown on the document(s) that created the entity and each name under which the applicant does business in New Hampshire;

 

(2)  The type of entity the applicant is, such as a corporation, limited liability corporation, professional association, partnership, or other form;

 

(3)  The entity’s date and state of formation;

 

(4)  The employer identification number or other federal tax ID number assigned to the applicant by the U.S. Internal Revenue Service;

 

(5)  The applicant’s primary physical address in New Hampshire by street name and number, suite number if any, municipality, county, and zip code, and New Hampshire mailing address if different;

 

(6)  The applicant’s main telephone number;

 

(7)  The applicant’s designated email address;

 

(8)  The name, telephone number, and email address of the authorized signer and the name, telephone number, and email address of each contact individual, if other than the authorized signer;

 

(9)  Such information as is required by applicable law on partners, officers, directors, and similar individuals having responsibility for or control over the applicant; and

 

(10)  Any additional information required for entities by applicable law;

 

          (c)  Identification of each jurisdiction in which the applicant has applied for, holds, or has held a license to practice in the same profession as the license being applied for and, if required by applicable law, any other profession for which the applicant holds or has held a license, and for each, the license number, date initially licensed, date most recently licensed, and the status in each jurisdiction such as in good standing, expired, suspended, revoked, or denied renewal;

 

          (d)  If the applicant is applying for an initial license in New Hampshire based on endorsement, and is licensed in more than one other jurisdiction, identification of which jurisdiction the applicant believes has requirements for licensure that are substantially similar to, or greater than, those established by applicable law;

 

          (e)  A “yes” or “no” answer to the following questions relating to background and character, subject to the “safe harbor” provisions of Plc 504.03(c):

 

(1)  Whether the applicant is now or has any reason to believe that the applicant will soon be the subject of a disciplinary proceeding, settlement agreement, or consent decree undertaken or issued by a professional licensing board of any jurisdiction;

 

(2)  Whether any malpractice claim has been made against the applicant within the past 10 years;

 

(3)  Whether the applicant has, for disciplinary reasons, been put on administrative leave, been fired for cause other than staff reduction from a position at the applicant’s place of employment, or had any privileges limited, suspended, or revoked in any professional setting within the past 10 years;

 

(4)  Whether the applicant has been denied the privilege of taking an examination required for any professional licensure within the past 10 years;

 

(5)  Whether the applicant has committed any act(s) within the past 10 years that would violate the laws or rules that govern the profession for which application is being made;

 

(6)  Whether the applicant has ever been found guilty of or entered a plea of no contest to any felony that is related to professional practice;

 

(7)  Whether the applicant has been found guilty of or entered a plea of no contest to, within the past 10 years, any felony that is not related to professional practice, or any misdemeanor;

 

(8)  Whether the applicant has been the subject of any disciplinary action by any professional licensing authority within the past 10 years;

 

(9)  Whether the applicant has, within the past 10 years, been denied a license or other authorization to practice in any jurisdiction; and

 

(10) Whether the applicant has, within the past 10 years, surrendered a license or other authorization to practice issued by any jurisdiction for any reason;

 

          (f)  Whether the applicant has a DEA registration number and, if so, what the number is;

 

          (g)  Whether the applicant stores, administers, or dispenses controlled drugs in a setting that is not regulated under RSA 318 relative to pharmacists and pharmacies and if so, the location of the activity;

 

          (h)  For applicants in any health care profession, whether the applicant has an ownership interest in any diagnostic or therapeutic service(s) or company(ies), and if so the name and address of each company and the specific diagnostic or therapeutic services provided by the company, to comply with RSA 125:25-c; and

 

          (i)  Whether the applicant consents to the disclosure to third parties of:

 

(1)  For individuals, any or all of the applicant’s contact information; or

 

(2)  For entities, the entity’s designated email address.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 304.04  Additional Information and Documentation Required for Initial License Application.  At the time that an applicant for initial licensure submits a completed license application form, the applicant shall submit, or arrange for the licensing bureau to receive, the following:

 

          (a)  A clear explanation, including all relevant facts, the date(s) of the action, and the sanction(s) imposed, of:

 

(1)  Any license sanctions, including fines or penalties, imposed administratively or via a court proceeding in a jurisdiction listed pursuant to Plc 304.03(c); and

 

(2)  Any “yes” answer to the background and character questions listed in Plc 304.03(e) that is not covered by (1), above;

 

          (b)  If applicable, the applicant’s examination scores sent directly to the licensing bureau by the third party testing organization, including the English proficiency score if required by applicable law;

 

          (c)  Subject to (d), below, an official letter of verification sent directly to the licensing bureau at customersupport@oplc.nh.gov, or if the information cannot be sent electronically, at the mailing address for the OPLC specified in Plc 103.03, from each state that has issued the applicant a license or other authorization to practice the profession for which application is being made, that states:

 

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

 

(2)  Whether any disciplinary action is pending or was taken against the license or other authorization to practice, whether administratively or via a court proceeding;

 

          (d)  If the information required by (c), above, is available on a website and is considered by the issuing jurisdiction to be a primary source verification, the URL of each such website;

 

          (e)  For applicants who are on active military duty, proof of service status in the form of verification from the Defense Finance and Accounting Service at https://www.dfas.mil/garnishment/verifyservice/;

 

          (f)  For any applicant applying for facilitated licensure as a military spouse, proof of service status as required by (e), above, and proof of marriage in the form of:

 

(1)  A copy of the front and back of the applicant’s current military spouse identification card; or

 

(2)  A copy of the applicant’s official marriage certificate, and, if the certificate is not in English, an English translation of the certificate that is certified by the translator as being an accurate translation;

 

          (g)  For any applicant that is an entity:

 

(1)  A copy of the legal document that confers authority on the authorized signer to sign the application on the applicant’s behalf; and

 

(2)  Confirmation from the New Hampshire secretary of state’s office that the entity applying for licensure is in good standing and authorized to do business in New Hampshire; and

 

          (h)  Any additional information or materials required by applicable law, such as proof of certification by, or registration with, a regional or national credentialing organization, except that no photograph shall be required to be submitted unless required by an applicable statute.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 304.05  Signature and Attestation Required for Initial License Application.

 

          (a)  The applicant for an initial license, or the authorized individual on behalf of an entity, shall sign and date the application, provided that for applications that are submitted electronically, the act of submitting the application shall constitute the signature and the date of submittal shall be the date.

 

          (b)  The signature shall constitute the applicant’s attestation that:

 

(1)  The applicant is not under investigation by any professional licensing board and the applicant’s credentials have not been suspended or revoked by any professional licensing board, unless a written explanation of each such occurrence is being submitted with the application pursuant to Plc 304.04(a);

 

(2)  The information and documentation provided are true, complete, and not misleading to the best of the applicant’s knowledge and belief;

 

(3)  The applicant understands that providing false or misleading information constitutes grounds for denial, suspension, or revocation of a license; and

 

(4)  The applicant understands that knowingly providing false material information constitutes a misdemeanor under RSA 641:3 relative to falsification in official matters.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 304.06  Initial Review of Applications for Initial Licensure; Abandonment.

 

          (a)  Within 30 days of receipt of an application submitted pursuant to Plc 304.01 or Plc 304.02, the licensing bureau shall:

 

(1)  Accept the application as being complete;

 

(2)  Accept the application as being complete except for test results; or

 

(3)  Determine that the application is incomplete because it lacks something other than, or in addition to, test results, and notify the applicant in writing sent to the applicant’s designated email address that the application is incomplete, specifying what the applicant needs to submit to complete the application.

 

          (b)  If the application is complete except for test results and the test has not yet been taken because permission is needed from the applicable board, the licensing bureau shall transmit the needed authorization to the applicant, provided the applicant meets the criteria to test specified in applicable law.

 

          (c)  If the application is complete except for test results, and either the test has been taken but the testing organization has not sent in the results or the applicant has registered for the test but has not yet taken the test, the licensing bureau shall hold the application until the results are received, but no more than 180 days.

 

          (d)  A notice of incompleteness sent pursuant to (a)(3), above, shall inform the applicant that the application will be deemed to have been abandoned if the application is not completed within 60 days, provided that test results shall not be subject to the 60-day time limit.

 

          (e)  An applicant who is unable to complete the application by the specified deadline due to circumstances beyond the control of the applicant may request additional time to complete the application in accordance with (f), below.

 

          (f)  A request for additional time to complete an application shall:

 

(1)  Identify the name in which the application was submitted, the date the application was submitted, and the profession for which the application was submitted;

 

(2)  Be submitted by the applicant in writing to the licensing bureau via email to customersupport@oplc.nh.gov no later than the deadline specified for completing the application;

 

(3)  Clearly explain the circumstances that are beyond the applicant’s control that prevent the applicant from completing the application by the deadline; and

 

(4)  Identify the date by which the applicant will complete the application, which shall be no later than 60 days after the original deadline.

 

          (g)  The licensing bureau shall grant additional time to complete the application if the applicant is prevented by circumstances beyond the applicant’s control from completing the application and requests additional time in accordance with (f), above.

 

          (h)  An application shall be deemed abandoned, and no decision shall be made to approve or deny the application, if the applicant submits an incomplete application for initial licensure and either:

 

(1)  Does not provide the required information and does not request additional time to complete the application by the specified deadline; or

 

(2)  Requests and receives additional time to complete the application but does not submit the required information by the new deadline.

 

          (i)  If the application is abandoned, then:

 

(1)  The application processing fee shall not be refunded;

 

(2)  Any examination fee for an examination administered by the licensing bureau on behalf of the applicable board shall be refunded only if:

 

a.  The applicant has not already taken the examination;

 

b.  The applicant’s payment has cleared; and

 

c.  The OPLC has not already spent the funds in preparation for administering the examination; and

 

(3)  Any inspection fee for an inspection required for licensure shall be refunded only if:

 

a.  The inspection has not already been done; and

 

b.  The applicant’s payment has cleared.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 304.07  Withdrawal of Application for Initial Licensure.

 

          (a)  An applicant may withdraw the application for licensure at any time prior to being notified of a decision under Plc 304.09.

 

          (b)  To withdraw an application, the applicant shall submit written notice to the licensing bureau via email addressed to customersupport@oplc.nh.gov that:

 

(1)  Clearly states the applicant’s intention to withdraw the application; and

 

(2)  Clearly identifies the name in which the application was submitted, the profession for which the application was submitted, and the date the application was submitted.

 

          (c)  Upon receipt of a notice of withdrawal, the licensing bureau shall cease processing the application and mark the file to indicate the application was voluntarily withdrawn by the applicant.

 

          (d)  If the application is withdrawn, then:

 

(1)  The application processing fee shall not be refunded;

 

(2)  Any examination fee for an examination administered by the licensing bureau on behalf of the applicable board shall be refunded only if:

 

a.  The applicant has not already taken the examination;

 

b.  The applicant’s payment has cleared; and

 

c.  The OPLC has not already spent the funds in preparation for administering the examination; and

 

(3)  Any inspection fee for an inspection required for licensure shall be refunded only if:

 

a.  The inspection has not already been done; and

 

b.  The applicant’s payment has cleared.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 304.08  Review of Complete Applications for Initial Licensure; Inspections.

 

          (a)  After determining that an application is complete, the licensing bureau shall review the application to determine whether the applicant meets all criteria specified in applicable law for the license being applied for, provided that:

 

(1)  If an inspection is required prior to licensure, the licensing bureau shall refer the application to the inspection assignment coordinator for an inspection to be conducted in accordance with the applicable provisions in Plc 400; and

 

(2)  If the licensing bureau determines that the technical or professional expertise of the applicable board would be of assistance in determining whether the applicant meets the criteria for licensure, the licensing bureau shall refer the application to the applicable board for review and a recommendation as provided in (c), below.

 

          (b)  Subject to (c), below, and Plc 304.09, the licensing bureau shall make a decision on a complete application for initial licensure within 60 days of determining that an application is complete.

 

          (c)  If an application is referred to the applicable board pursuant to (a)(2), above, then:

 

(1)  The board chair shall review the application to determine whether a reasonable person having the education and experience of a competent licensee would have any doubt about the applicant’s qualifications, provided that if another board member is better qualified than the chair to review the application, the chair shall delegate the review under this section to that board member;

 

(2)  If the board chair or designee determines that a reasonable person having the education and experience of a competent licensee would believe the applicant is unquestionably qualified, the board chair or designee shall recommend to the licensing bureau that a license be issued;

 

(3)  If the board chair or designee determines that a reasonable person having the education and experience of a competent licensee would believe the applicant is unquestionably not qualified, the board chair or designee shall recommend to the licensing bureau that a license not be issued, with an explanation of why the applicant is not qualified;

 

(4)  If the board chair or designee determines that reasonable people having the education and experience of competent licensees could disagree about whether the applicant is qualified, the board chair or designee shall:

 

a.  Present the application to the board for discussion and a recommendation, if the next regularly-scheduled board meeting is soon enough that a recommendation can be conveyed to the licensing bureau within 55 days of receiving the application from the licensing bureau; or

 

b.  If the next regularly-scheduled board meeting is not soon enough that a recommendation could be conveyed to the licensing bureau within 55 days, either:

 

1.  Convene a special meeting of the board to obtain a timely recommendation, or request that a special meeting of the board be convened if the review was delegated; or

 

2.  Present the reasons for and against issuing a license to the licensing bureau in lieu of a recommendation; and

 

(5)  If the board does not provide a recommendation or reasons for and against issuing the license to the licensing bureau within the specified time period, the licensing bureau shall make a decision without the board’s input.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 304.09  Decisions on Applications for Initial Licensure.

 

          (a)  If the applicant has demonstrated that all eligibility criteria specified in applicable law for initial licensure have been met and that none of the grounds for denying initial licensure specified in Plc 311.03 apply, the licensing bureau shall approve the application and issue an initial license to the applicant at the applicant’s designated email address, subject to (b), below.

 

          (b)  Any application for a pharmacy license shall be subject to the inspection and licensing issuance or denial described in Ph 305.02, “Site Inspection for Pharmacy Permit”, or successor rule in Ph 300 relative to processing applications for initial licensure of pharmaceutical entities, but shall remain subject to this chapter for all other licensing matters.

 

          (c)  If the applicant has not demonstrated that all eligibility criteria specified in applicable law for full initial licensure have been met but applicable law provides for conditional initial licensure and the applicant has demonstrated that all eligibility criteria for conditional initial licensure have been met and that none of the grounds for denying initial licensure specified in Plc 311.03 apply, the licensing bureau shall approve the application and issue a conditional initial license to the applicant at the applicant’s designated email address.

 

          (d)  If the applicant has not demonstrated that all eligibility criteria specified in applicable law have been met for full initial licensure or for conditional initial licensure, or if any of the grounds for denying initial licensure specified in Plc 311.03 apply, the licensing bureau shall:

 

(1)  Issue a denial of the application; and

 

(2)  Inform the applicant by email sent to the applicant’s designated email address of the reason(s) for the denial and that the denial shall become final if the applicant does not file a petition for a hearing in accordance with Plc 304.10 within 30 calendar days of receiving the denial, provided that if the last day of the period is not a working day, the deadline shall extend to 4:00 p.m. of the first working day following.

 

          (e)  For purposes of determining the date the denial was received, a denial sent to the applicant’s designated email address shall be presumed to be received not later than one calendar day after the date the licensing bureau sent the denial.

 

          (f)  If the applicant does not file a petition for a hearing within the time period specified in the notice issued pursuant to (d), above, the denial shall become final.

 

          (g)  If the application is denied, no application-related fees shall be refunded.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 304.10  Challenging a Denial of Initial Licensure; Challenging License Conditions.

 

          (a)  An applicant who wishes to challenge the denial of an application for initial licensure made pursuant to Plc 304.09, or who wishes to challenge any condition(s) included in the license, shall submit a “Petition for Hearing After Initial Denial of Licensure or Issuance of License with Conditions”, dated June 2025, that is signed and attested to as provided in (b) and (c), below, to the OPLC hearings clerk at hearingsclerk@oplc.nh.gov or, if filing electronically is impracticable for the petitioner, by mailing it to the attention of the hearings clerk at the OPLC’s mailing address as listed in Plc 103.03.

 

          (b)  The petitioner or petitioner’s authorized representative shall sign and date the petition, provided that if the petition is filed electronically, the act of submitting the petition shall constitute the signature and the date of submittal shall be the date.

 

          (c)  The signature provided pursuant to (b), above, shall constitute attestation that:

 

(1)  The signer has read the petition for hearing;

 

(2)  The signer is authorized to file the petition for hearing;

 

(3)  To the best of the signer’s knowledge, information, and belief, there are good grounds to support the petition for hearing; and

 

(4)  The petition for hearing has not been filed solely or primarily for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

 

          (d)  As required by RSA 310:14, I-a, the petition for hearing shall be filed within 30 calendar days of receipt of the denial of licensure, provided that if a petition for hearing is filed more than 31 days after the date of the denial of licensure, the petitioner shall have the burden of proving that the denial was received more than one day after the date the licensing bureau sent the denial.

 

          (e)  When a petition for hearing is received, the hearings clerk shall:

 

(1)  Notify the licensing bureau with information sufficient for the licensing bureau to identify the underlying application; and

 

(2)  Docket the matter for a hearing before the applicable board.

 

          (f)  Upon receipt of notice from the hearings clerk, the licensing bureau shall forward the application file to the hearings clerk.

 

          (g)  An applicant who requests a hearing who is on active military duty may request the hearing to be deferred until the applicant is no longer on active duty.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 304.11  Issuance of Initial Licenses.

 

          (a)  Each initial license and conditional initial license issued under this chapter shall specify:

 

(1)  The name of the licensee;

 

(2)  The profession in which the licensee is authorized to practice;

 

(3)  The effective date of the license;

 

(4)  The license number; and

 

(5)  Any conditions imposed pursuant to Plc 311.06.

 

          (b)  Upon issuance of an initial license or initial conditional license, the licensee shall become subject to Plc 307 through Plc 312 and to the regulatory authority of the applicable board.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 304.12  Duration of Initial Licenses.  As provided in RSA 310:8, II, initial licenses issued pursuant to this chapter that are not conditional shall be valid for 2 years from the date of issuance, subject to the following:

 

          (a)  Timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until final action has been taken on the renewal application; and

 

          (b)  Suspension or revocation of the license pursuant to Plc 311 or other applicable law shall cause the license to not be valid unless and until it is restored or reinstated as provided in Plc 312.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 304.13  Issuance of Full Licenses to Conditional Licensees.

 

          (a)  A conditional licensee who completes all requirements for full licensure as established by the applicable board may request a full license in accordance with applicable law or, if applicable law is silent on the matter, in accordance with this section.

 

          (b)  To request a full license, the conditional licensee shall submit a complete application for initial licensure, supplemented as necessary to confirm that any requirements of the conditional license have been met.

 

          (c)  The licensing bureau shall process an application for full licensure as provided in Plc 304 for applications for initial licensure.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 304.14  Wall Certificates.

 

          (a)  Licenses sent to successful applicants by the licensing bureau shall be in a format that can be printed by the licensee so as to be suitable for framing and posting.

 

          (b)  Any licensee who wishes to have a professionally-printed wall certificate to display in an office or other place of business shall submit a written request for the wall certificate to the licensing bureau that:

 

(1)  Includes:

 

a.  The name of the licensee or certificate holder as it appears on the license;

 

b.  The license number from the electronically-issued license;

 

c.  The profession in which the licensee is licensed;

 

d.  Email and telephone contact information; and

 

e.  Payment of the fee for wall display certificate specified in Plc 1001.10 made payable to “Treasurer, State of NH”; and

 

(2)  Is mailed to the OPLC at the address specified in Plc 103.03.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

PART Plc 305  TEMPORARY LICENSURE

 

         Plc 305.01  Purpose.  The purpose of the rules in Plc 305 is to implement RSA 310:6, V relative to temporary licensure of health care professionals and RSA 332-G:14 relative to temporary licensing of professionals licensed under Title XXX and the trades, professions, and businesses regulated by the mechanical licensing board under RSA 153:27 through RSA 153:38.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

         Plc 305.02  Applicability.

 

         (a)  Except as provided in (b) through (e), below, Plc 305 shall apply to any individual who has an active, unencumbered license in good standing in a regulated profession in another U.S. jurisdiction who wishes to practice the profession in New Hampshire and has applied or is applying for a regular license under Plc 304 because their profession is not covered by Plc 313.

 

         (b)  As provided in RSA 332-G:14, II, Plc 305 shall not apply to any profession for which the applicable board has:

 

(1)  Determined that another jurisdiction’s licensure requirements are not substantially equivalent to, or more stringent than, New Hampshire’s in education, training, experience, or scope of practice; and

 

(2)  Published the determination on its website.

 

         (c)  No person who has already obtained a New Hampshire license that has been suspended or revoked shall apply for a temporary license under RSA 310:6, V, RSA 332-G:14, Plc 305, or Plc 306 in the same profession.

 

         (d)  Individuals on active military duty and military spouses may seek temporary licensure under this part or under Plc 306 or may seek a regular license under Plc 313 if their profession is listed in Plc 313.02.

 

         (e)  Rules of the applicable board shall apply in lieu of these rules to special use temporary licenses until such time as they are covered in Plc 300.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

         Plc 305.03  Applications for Temporary License.

 

         (a)  An applicant for a temporary license shall submit:

 

(1)  A completed application for initial licensure as provided in Plc 304, which may be submitted prior to or with the application for temporary license;

 

(2) The information specified in Plc 305.04(a)-(k) on a “Universal Temporary License Application” dated March 2023, that is signed and attested to as specified in Plc 305.05;

 

(3)  The verification specified in Plc 305.04(l); and

 

(4)  The temporary license application fee specified in Plc 1001.

 

         (b)  The applicant shall submit the required items to the licensing bureau:

 

(1)  Electronically, using the portal available via the OPLC website at https://www.oplc.nh.gov; or

 

(2)  If the portal is not yet available, by mailing or delivering to the OPLC office at the address listed in Plc 103.03.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

         Plc 305.04  Information and Verification Required for a Temporary License.  An applicant for a temporary license shall identify the profession for which the application is being filed and the date the application for initial licensure was filed or is expected to be filed, and then provide the following information and verification:

 

         (a)  The applicant’s full legal name including any suffix such as “Jr.” or “III”, and any other name(s) in which the applicant holds or has held a license;

 

         (b)  The applicant’s date of birth by month, day, and year;

 

         (c)  The applicant’s social security number, as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

 

         (d)  The applicant’s home physical address by street name and number, apartment number if any, municipality, county, state, zip code, and country if not the U.S., and home mailing address if different;

 

         (e)  The applicant’s home or other personal telephone number;

 

         (f)  The applicant’s designated email address;

 

         (g)  Whether the applicant is on active military duty or the spouse of an individual on active military duty;

 

         (h)  Identification of each U.S. jurisdiction where the applicant holds an active license and for each, the license number, date of most recent licensure, and whether the license is in good standing;

 

         (i)  An answer to the question “Have you committed any acts or omissions that are grounds for disciplinary action in another jurisdiction?

 

         (j)  If the answer to the question in (i), above, is in the affirmative, a detailed letter of explanation explaining the circumstances and any disciplinary or non-disciplinary action taken;

 

         (k)  Whether the applicant consents to the disclosure to third parties of any or all of the applicant’s contact information; and

 

         (l)  Verification of licensure from a jurisdiction listed pursuant to (h), above, that has licensure requirements in the applicable profession that are substantially equivalent to or more stringent than those of New Hampshire, in the form of an official verification or a printout from an on-line license verification system.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

         Plc 305.05  Required Signature and Attestation.

 

         (a)  An applicant for a temporary license shall sign and date the application, provided that for applications that are submitted electronically, the act of submitting the application shall constitute the signature and the date of submittal shall be the date.

 

          (b)  The signature shall constitute the applicant’s attestation that:

 

(1)  The applicant is not under investigation by any professional licensing board and the applicant’s credentials have not been suspended or revoked by any professional licensing board;

 

(2)  The information and documentation provided are true, complete, and not misleading to the best of the applicant’s knowledge and belief;

 

(3)  The applicant understands that providing false or misleading information constitutes grounds for denial, suspension, or revocation of a license; and

 

(4)  The applicant understands that knowingly providing false material information constitutes a misdemeanor under RSA 641:3 relative to falsification in official matters.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

         Plc 305.06  Processing of Applications for Temporary License; Decisions.

 

         (a)  As required by RSA 332-G:14, IV, the executive director shall grant a temporary license to each applicant who is a professional in a profession that is subject to this part and who provides all items specified in Plc 305.03, including without limitation proof that the applicant holds an equivalent license in good standing in another U.S. jurisdiction and has committed no acts or omissions that are grounds for disciplinary action in another U.S. jurisdiction.

 

         (b)  If the information submitted by the applicant shows that the applicant does not qualify for a temporary license, the executive director shall deny the application.

 

         (c)  If the information submitted by the applicant is insufficient to allow the executive director to issue or deny a temporary license, the executive director shall request the applicant to provide the additional information needed to allow a determination to be made.

 

         (d)  Denial of a temporary license under this part shall not automatically result in denial of a regular license.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

         Plc 305.07  Duration of Temporary License.  As provided in RSA 310:6, V and RSA 332-G:14, IV, a temporary license issued under Plc 305.06 shall remain valid for 120 days or until final action is taken on an application for full licensure, whichever occurs first.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

PART Plc 306  TEMPORARY LICENSURE FOR MILITARY SERVICE MEMBERS AND SPOUSES

 

          Plc 306.01  Purpose and Applicability.

 

          (a)  The purpose of this part is to implement RSA 310:16 relative to temporary licensure for military service members and military spouses.

 

          (b)  This part shall apply to any individual on active military duty or military spouse who holds a current, valid, unencumbered occupational or professional license in good standing issued by a state or territory of the United States who:

 

(1)  Wishes to practice the occupation or profession in New Hampshire; and

 

(2)  Is seeking a license in a profession that is not covered by Plc 313.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 306.02  Qualifications.  As required by RSA 310:16, to qualify for a temporary license under this part the applicant shall:

 

          (a)  Be a member of the armed forces of the United States or a military spouse;

 

          (b)  Hold a current, valid, unencumbered occupational or professional license in good standing issued by a state or territory of the United States that corresponds to a license needed to practice an occupation or profession in New Hampshire; and

 

          (c)  Be in good standing in all jurisdictions in which the applicant holds or has held a license.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 306.03  Application for Temporary License for Active Duty Military and Military Spouses.

 

          (a)  To apply for a temporary license under this part, the applicant shall submit the following to the licensing bureau via the on-line licensing portal at the OPLC website at https://www.oplc.nh.gov or, if the on-line portal is not yet available or if submitting the application electronically is not practicable for the applicant, by mail to the OPLC at the address listed in Plc 103.03:

 

(1)  A completed application for initial licensure as provided in Plc 304, which may be submitted prior to or with the application for a temporary license;

 

(2)  An “Application For Temporary License for Active Military and Spouses” dated February 2023 that includes the information required by Plc 306.04; and

 

(3)  The supporting documentation identified in Plc 306.05.

 

          (b)  As required by RSA 310:16, II, the applicant shall execute and submit with the application submitted pursuant to (a)(2), above, a notarized affidavit affirming, under penalty of law, that:

 

(1)  The applicant is the individual described and identified in the application;

 

(2)  All statements made on the application are true and correct and complete;

 

(3)  The applicant has read and understands the requirements for licensure and attests that those requirements are met; and

 

(4)  The applicant is in good standing in all jurisdictions in which the applicant holds or has held a license.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 306.04  Information Required for Temporary License Application.  The applicant for a temporary license under this part shall provide the following information:

 

          (a)  The date the application for initial licensure was filed or is anticipated to be filed and the profession for which the application is being filed;

 

          (b)  The applicant’s full legal name including any suffix such as “Jr.” or “III”, and any other name(s) under which the applicant holds or has held a professional license;

 

          (c)  The applicant’s date of birth by month, day, and year;

 

          (d)  The applicant’s social security number as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

 

          (e)  The applicant’s home physical address by street name and number, apartment number if applicable, municipality, county, state, zip code, and country if not the U.S., and home mailing address if different;

 

          (f)  The applicant’s home or other personal telephone number;

 

          (g)  The applicant’s designated e-mail address;

 

          (h)  Whether the applicant is on active military duty or is the spouse of an individual on active military duty;

 

          (i)  A list of each jurisdiction in which the applicant holds or has held a license to practice the occupation or profession for which a temporary license is sought and for each:

 

(1)  The license number and date of most recent licensure; and

 

(2)  The status of the license, such as active, expired, suspended, revoked, or denied renewal; and

 

          (j)  Whether the applicant consents to the disclosure to third parties of any or all of the applicant’s contact information.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 306.05  Documentation Required for Temporary License Application.  Applicants under this part shall provide the following with the application submitted pursuant to Plc 306.03:

 

          (a)  For an applicant who is on active military duty, confirmation of military status obtained as provided in Plc 304.04(e);

 

          (b)  For an applicant who is a military spouse, a copy of the applicant’s spouse’s confirmation of military status and proof of marriage as provided in Plc 304.04(f); and

 

          (c)  For any applicant, proof of licensure in a state or territory of the U.S. that:

 

(1)  Identifies the applicant by name; and

 

(2)  Clearly shows that the applicant is authorized to practice the occupation or profession in that jurisdiction and is in good standing.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 306.06  Decisions on Applications for Temporary License.

 

          (a)  As required by RSA 310:16, the executive director shall make a decision on the application within 30 days of having received an application or, if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check.

 

          (b)  The executive director shall issue a temporary license to any applicant who submits a complete application as required by Plc 306.03 and demonstrates that the statutory qualifications in RSA 310:16 are met.

 

         (c)  If the information submitted by the applicant shows that the applicant does not qualify for a temporary license, the executive director shall deny the application.

 

         (d)  If the information submitted by the applicant is insufficient to allow the executive director to issue or deny a temporary license, the executive director shall request the applicant to provide the additional information needed to allow a determination to be made.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 306.07  Duration and Expiration of Temporary License under RSA 310:16.

 

          (a)  As provided in RSA 310:16, I, the temporary license shall be valid while completing the requirements for initial licensure in New Hampshire for not less than 180 days, so long as no cause for denial of a license exists under applicable law.

 

          (b)  As provided in RSA 310:16, III, an applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements.

 

          (c)  To request an extension, the applicant shall submit a request within 15 days prior to the temporary license’s expiration date, as required by RSA 310:16, III.

 

          (d)  A temporary license shall expire 180 days after issuance if a final decision has not been made on the application for initial licensure unless the applicant requests and receives an extension under (c), above.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

PART Plc 307   LICENSEE OBLIGATIONS; INACTIVE STATUS FOR RESERVE MILITARY CALLED TO ACTIVE DUTY

 

          Plc 307.01  Applicability.

 

          (a)  Plc 307.02 through Plc 307.05 shall apply to any person who holds a license to practice a regulated profession, whether an initial license, temporary license, provisional license, renewal license, or apprentice registration, and whether issued directly by a board or by the OPLC.

 

          (b)  Plc 307.05 also shall apply to any student practicing under a provision in applicable law that allows such practice, whether as an internship or under a student license.

 

          (c)  Plc 307.06 and Plc 307.07 shall apply to any licensee who is a member of any reserve component of the U.S. armed forces or the national guard and is called to active duty.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 307.02  Licensee Obligations for Notifications.

 

          (a)  Unless a longer time period is established in an applicable statute, each licensee shall:

 

(1)  Notify the licensing bureau within 10 working days when a change of name occurs; and

 

(2)  Update the OPLC’s records within 10 working days when a change of contact information or a change in business address occurs.

 

          (b)  Each licensee shall know, and have available in the licensee’s office or other place of business, information regarding how complaints can be filed with the OPLC.

 

          (c)  Unless a longer time period is established in an applicable statute, each licensee shall inform the OPLC at customersupport@oplc.nh.gov within 10 working days of:

 

(1)  Any disciplinary action, including the imposition of fines or penalties, taken or in the process of being taken against the licensee by any jurisdiction in which the licensee is authorized to practice in any profession;

 

(2)  The commencement of any civil action or insurance claim filed against the licensee that alleges malpractice and any decision(s) made in such civil actions or insurance claims; and

 

(3)  Conviction without annulment in any jurisdiction of any felony that:

 

a.  Constitutes a sexual offense as defined in the convicting jurisdiction;

 

b.  Constitutes a violation of controlled substance law; or

 

c.  Is based on:

 

1.  Injury or the potential for injury to a victim;

 

2.  Any form of theft that would be covered in New Hampshire by RSA 637; or

 

3.  Any form of crime involving dishonesty, including but not limited to fraud, blackmail, extortion, graft, hoax, misrepresentation, or forgery.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 307.03  Licensee Responsibilities for Renewal.  Each licensee shall:

 

          (a)  Know when the licensee’s license is due to expire; and

 

          (b)  For an initial license that is not conditional and for a license that has been renewed previously, file an application for renewal prior to the expiration of the current license in accordance with Plc 308 if the licensee intends to continue to practice in New Hampshire.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 307.04  Licensee Obligations for Continuing Competence.  Each licensee shall comply with all continuing competence requirements established in applicable law.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 307.05  Obligations of Persons Subject to These Rules.

 

          (a)  Each person subject to these rules shall comply with all applicable law.

 

          (b)  In any application or other document filed with, or statement made to, the licensing bureau or the applicable board, each person subject to these rules shall provide information that, to the best of the person’s knowledge and belief, is true, complete, and not misleading.

 

          (c)  Each person subject to these rules shall cooperate with investigations and requests for information from the OPLC and the applicable board, wherein “cooperate” means to provide the information requested, answer any questions posed, and allow inspections in order to enable the OPLC or applicable board to determine compliance with applicable law.

 

          (d)  Each person subject to these rules shall provide honest and accurate information in reports prepared as part of practicing the profession in which the person is authorized to practice.

 

          (e)  Each person subject to these rules shall report evidence of professional misconduct on the part of another licensee when that conduct poses a potential threat to life, health, or safety.

 

          (f)  Each person subject to these rules shall maintain sexual boundaries by:

 

(1)  Refraining from any behavior that exploits the professional-client or professional-patient relationship in a sexual way; and

 

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

 

          (g)  Each person subject to these rules shall be truthful in publicly representing or advertising the person’s services by avoiding the following:

 

(1)  False, deceptive, or misleading statements, including the misleading use of credentials;

 

(2)  Unreasonable or exaggerated claims of success;

 

(3)  Guarantees of success;

 

(4)  Claims or implications of professional superiority or of training that cannot be substantiated; and

 

(5)  Unsubstantiated claims of expertise or certification of such in any specific areas of the scope of practice set forth in applicable law.

 

          (h)  Each person subject to these rules shall interact with colleagues and clients or patients, as applicable, with honesty and integrity.

 

          (i)  No person subject to these rules shall misrepresent professional qualifications or credentials.

 

          (j)  Each person subject to these rules shall treat all individuals with whom the person interacts in a professional capacity with respect and civility.

 

          (k)  No person subject to these rules shall engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity.

 

          (l)  No person subject to these rules shall discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, or national origin, or any additional class protected by law.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 307.04) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 307.06  Inactive Status for Reserve Military Called to Active Duty.

 

          (a)  As provided in RSA 310:8, V, the OPLC shall place the license of a licensee who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty on inactive status at the request of the licensee.

 

          (b)  To request inactive status under this section, the licensee shall submit a completed “Request for Inactive Status - Military Activation” form dated March 2024 to CustomerSupport@oplc.nh.gov that contains the following information:

 

(1)  The licensee’s name as it appears on the license, license number, and profession;

 

(2)  Whether the licensee is in the national guard or is in a reserve component of the U.S. armed forces, and if the latter, which component;

 

(3)  The applicant’s social security number, as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

 

(4)  The date the licensee is required to report for active duty;

 

(5)  If known, the estimated duration of active duty.

 

          (c)  The licensee shall sign and date the request prior to submitting it to the OPLC.

 

          (d)  The OPLC shall confirm that the license has been placed on inactive status in writing by email sent to the licensee’s designated email address.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 307.07  Reactivation from Inactive Status.

 

          (a)  As provided in RSA 310:8, V, the license may be reactivated within one year of the licensee’s release from active status by submitting a written request in accordance with (b), below, together with payment of the application-related fee for renewal and proof of completion of applicable continuing competence requirements if the license term of the license that was put on inactive status has expired.

 

          (b)  To request the reactivation of a license that was put on inactive status under Plc 307.06, the licensee shall submit a completed “Request for License Reactivation” form dated March 2024 to CustomerSupport@oplc.nh.gov that provides the following information:

 

(1)  The licensee’s name as it appeared on the license, license number, and profession;

 

(2)  The date the licensee was released from active status; and

 

(3)  The licensee’s designated email address.

 

          (c)  If the expiration date of the license that was placed on inactive status has passed, the licensee shall submit proof of completing required continuing competence activities and the application-related fees for renewal with the reactivation request.

 

          (d)  The licensee shall sign and date the request prior to filing it with the OPLC.

 

          (e)  Upon receipt of a reactivation request, the licensing bureau shall review the request and determine whether application-related fees for renewal and proof of continuing competence are required, provided that:

 

(1)  If a fee and proof of continuing competence are required but were not provided, the licensing bureau shall notify the licensee in writing sent to the designated email address that:

 

a.  Identifies the information or fee, or both, that must be submitted before the license will be reactivated; and

 

b.  Establishes a deadline for submitting the required item(s), which shall be no sooner that 20 days from the date of the notification; or

 

(2)  If the inactive license has not expired, the licensing bureau shall reactivate the license and notify the licensee of the reactivation in writing sent to the designated email address.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

PART Plc 308  RENEWALS; CONTINUING COMPETENCE

 

          Plc 308.01  Applicability; License Expiration.

 

          (a)  This part shall apply to any licensee who has not filed a renewal application on or before the May 2024 effective date of this part.

 

          (b)  As provided in RSA 310:8, II, all issued licenses shall expire 2 years from the date the license was issued, provided that the filing of a timely and complete application for license renewal by an eligible applicant shall continue the validity of the license being renewed until final action has been taken on the renewal application.

 

          (c)  As provided in RSA 310:8, III:

 

(1)  Applicants shall submit completed applications for renewal, the application-related fees for renewal, and any supporting documents required for that renewal on or before the expiration date of the license;

 

(2)  A license shall expire if a completed renewal application, application-related fees for renewal, and supporting documents have not been filed on or before the expiration date of the license; and

 

(3)  The holder of an expired license that has not yet lapsed shall not be authorized to practice unless and until the license has been reinstated in accordance with Plc 312.

 

          (d)  As required by RSA 310:2, I(e), a former licensee whose license has lapsed, who wishes to resume practice, shall apply for a new license.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 308.02  Eligibility for Renewal.  A licensee shall be eligible to renew the license held if the licensee has:

 

          (a)  Met applicable continuing competence requirements;

 

          (b)  Met any other requirements for renewal eligibility established in applicable law; and

 

          (c)  Paid any monetary penalties that have been assessed against the licensee by an applicable board.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 308.03  Notification of Pending License Expiration.

 

          (a)  As required by RSA 310:8, IV, at least 2 months prior to the expiration of a license, the licensing bureau shall notify, via email sent to the licensee’s designated email address, each licensee whose license is expiring that the license is due to expire.

 

          (b)  The licensing bureau shall include the following in the email sent pursuant to (a), above:

 

(1)  A clear statement that failure to submit a complete application on or before the expiration date shall result in the license expiring; and

 

(2)  Complete information and instructions for the licensee to renew on-line or, if the renewal application is not yet available on-line, a renewal application.

 

          (c)  As provided in RSA 310:8, IV, failure to receive notice shall not relieve any licensee of the obligation to renew their license, comply with the rules of the OPLC, the rules of the applicable board, or RSA 310:8.

 

          (d)  If a licensee does not receive information and instructions or an application as provided in (b)(2), above, the licensee shall contact the OPLC at customersupport@oplc.nh.gov to obtain the needed information or an application.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 308.04  Continuing Competence; Documentation and Audits.

 

          (a)  Each licensee shall comply with all continuing competence requirements specified in applicable law.

 

          (b)  Upon being notified by the OPLC that an on-line system administered by a third party organization is available to manage continuing competence compliance, each licensee shall use the on-line system to track and report the completion of continuing competence activities unless a profession-specific on-line system is specifically authorized by the executive director based on the system being:

 

(1)  Available to all licensees in the profession at no charge to the licensee; and

 

(2)  Accessible by the OPLC at no additional charge to the licensee or the OPLC.

 

          (c)  Each licensee shall retain documentation of participating in and successfully completing continuing competence activities as described in applicable law for the specific course or activity for the longer of the time specified in applicable law or the current license term and most recent renewal period, which may be retained in the on-line system when available.

 

          (d)  Unless otherwise required by statute, 10% of licensees renewing in a given year shall be audited to determine continuing education compliance for each board.  Each licensee shall provide such information as is requested as part of an audit conducted pursuant to this section or other applicable law.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 308.05  Application for License Renewal.

 

          (a)  If a licensee wishes to renew, the licensee shall submit the information, materials, and fee(s) identified in (b), below, using the portal available at https://www.oplc.nh.gov, not more than 60 days prior to the expiration of the license but on or before the expiration date, provided that if the portal is not available or if filing electronically is not practicable for the applicant, the application package shall be submitted by mailing to the address specified in Plc 103.03 so that the package is received by the OPLC on or before the expiration date of the license.

 

          (b)  The licensee shall submit the following information, materials, and fee(s):

 

(1)  The information required by Plc 308.06 on the “Universal Application for License Renewal”, dated June 2025, that is signed and attested to as provided in Plc 308.08;

 

(2)  Any profession-specific addendum or supplement to the universal application identified in profession-specific rules that is signed and attested to in accordance with:

 

a.  The profession-specific rules; or

 

b.  Plc 308.08, if not otherwise specified in profession-specific rules;

 

(3)  Attestation or proof of having met applicable continuing competence requirements, as required by applicable law;

 

(4)  The supporting documentation identified in Plc 308.07; and

 

(5)  The application-related fees for renewal, provided that applicants applying for facilitated licensure as active military or a military spouse shall not pay the fee.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 308.06  Information Required for Renewal Applications.  The applicant shall provide the following information on the form identified in Plc 308.05(b)(1):

 

          (a)  The applicant’s profession and the license number and expiration date of the license;

 

          (b)  For individuals, the following:

 

(1)  The applicant’s full legal name, including any suffix such as “Jr.” or “III”, and any name(s) the applicant has ever used to obtain education, profession-related training, or government services including licensure of any kind;

 

(2)  The applicant’s date of birth by month, day, and year;

 

(3)  The applicant’s social security number or other U.S. taxpayer identification number, as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

 

(4)  The applicant’s designated email address, home physical address, and home mailing address, if different;

 

(5)  The applicant’s home or other personal telephone number;

 

(6)  The name, location, and telephone number of the applicant’s office or other place of business;

 

(7)  If the applicant routinely practices in more than one location, the name of each such location and, for each:

 

a.  The business address and telephone number; and

 

b.  Whether the applicant is an employee, a subtenant subletting space, an independent contractor, or the owner of the business;

 

(8)  Whether the applicant is on active military duty or is a military spouse, and whether the applicant is applying for facilitated licensure;

 

(9)  The following information, to be used solely for purpose of workforce data analysis, provided that “prefer not to answer” shall be an acceptable response to any or all question(s):

 

a.  Highest level of education, whether or not related to the profession in which licensure is being sought;

 

b.  Relative to the applicant’s employment status, whether the applicant is:

 

1.  Actively working in a position that requires the license being applied for;

 

2. Actively working in a position in the same profession that does not require this license;

 

3. Actively working in a position in a different profession;

 

4. Not currently working; or

 

5. Retired;

 

c.  Relative to the applicant’s employment plans for the next 2 years, whether the applicant intends to:

 

1.  Increase hours in a field related to this license;

 

2.  Decrease hours in a field related to this license;

 

3.  Seek employment in a field unrelated to this license;

 

4.  Retire;

 

5.  Continue as is; or

 

6.  Not sure or plans unknown;

 

d.  Identification of the specialty, field, or area of practice in which the applicant spends the most professional time;

 

e.  Whether the applicant uses telehealth to deliver services to patients;

 

f.  The state in which the applicant’s primary practice is located, if applicable;

 

g.  The 5-digit zip code of the applicant’s primary practice location, if applicable;

 

h.  Relative to the applicant’s current employment arrangement at their principal practice location, whether the applicant is:

 

1.  Self-employed or a consultant;

 

2.  A salaried employee;

 

3.  An hourly employee;

 

4.  In temporary employment or Locum Tenens;

 

5..  Other arrangement; or

 

6.  Not employed; and

 

i.  In the applicant’s primary employment or practice, whether the applicant’s primary role is that of:

 

1.  Administrator;

 

2.  Clinical practitioner;

 

3.  Faculty or other educator;

 

4.  Researcher;

 

5.  Other; or

 

6.  Not applicable;

 

(10)  For applicants in any health care profession:

 

a.  Identification of the practice setting at the applicant’s primary practice location;

 

b.  What population groups the applicant provides or expects to provide services to;

 

c.  An estimate of the number of hours per week the applicant spends or expects to spend at their primary practice location; and

 

d.  An estimate of the number of hours per week the applicant spends or expects to spend in direct patient care;

 

(11)  For applicants in any health care profession, whether the applicant intends to practice in New Hampshire more than 50% of the time, whether in-person or by telehealth; and

 

(12)  Any other profession-specific information required by applicable law, such as proof of certification by, or registration with, a regional or national credentialing organization, to the extent not otherwise covered by this section;

 

          (c)  For entities, the following:

 

(1)  The applicant’s full legal name as shown on the document(s) that created the entity and each name under which the applicant does business in New Hampshire;

 

(2)  The type of entity the applicant is, such as a corporation, limited liability corporation, professional association, partnership, or other form;

 

(3)  The entity’s date and jurisdiction of formation;

 

(4)  The employer identification number or other federal tax ID number assigned to the applicant by the U.S. Internal Revenue Service;

 

(5)  The applicant’s primary location address in New Hampshire and New Hampshire mailing address, if different;

 

(6)  The applicant’s main telephone number;

 

(7)  The applicant’s designated email address;

 

(8)  The name, telephone number, and email address of the authorized signer and the name, telephone number, and email address of each contact individual, if other than the authorized signer;

 

(9)  Such information as is required by applicable law on partners, officers, directors, and similar individuals having responsibility for or control over the applicant; and

 

(10)  Any additional information required for entities by applicable law;

 

          (d)  Identification of all jurisdictions where the applicant is currently licensed and, for each, the license number, date of most recent licensure, and status of the license;

 

          (e)  A “yes” or “no” answer to the following questions regarding the applicant’s background and character, subject to the “safe harbor” provisions of Plc 504.03(c), provided that “not previously reported” shall not include anything that was not required to be submitted by Plc 304.03(e):

 

(1)  Whether during the past 27 months or not previously reported, the applicant has been found guilty of or entered a plea of no contest to any felony or misdemeanor;

 

(2)  Whether during the past 27 months or not previously reported, the applicant has been the subject of any disciplinary action by any professional licensing authority;

 

(3)  Whether during the past 27 months or not previously reported, the applicant has been denied a license or other authorization to practice in any jurisdiction;

 

(4)  Whether during the past 27 months or not previously reported, the applicant has surrendered a license or other authorization to practice issued by any jurisdiction in order to avoid or settle disciplinary charges;

 

(5)  Whether the applicant is now or has any reason to believe that the applicant will soon be the subject of a disciplinary proceeding, settlement agreement, or consent decree undertaken or issued by a professional licensing board of any jurisdiction;

 

(6)  Whether during the past 27 months or not previously reported, any malpractice claim has been made against the applicant;

 

(7)  Whether during the past 27 months or not previously reported, the applicant has, for disciplinary reasons, been put on administrative leave, been fired for cause other than staff reductions from a position at the applicant’s place of employment, or had any privileges limited, suspended, or revoked in any professional setting; and

 

(8)  Whether during the past 27 months or not previously reported, the applicant has committed any act(s) that would violate the laws or rules, or both, that govern the practice of the profession in which the applicant is licensed;

 

          (f)  Whether the applicant has a DEA registration number and, if so, what the number is;

 

          (g)  Whether the applicant stores, administers, or dispenses controlled drugs in a setting that is not regulated under RSA 318 relative to pharmacists and pharmacies, and if so the location of such storage;

 

          (h)  For applicants in any health care field, whether the applicant has an ownership interest in any diagnostic or therapeutic service(s) or company(ies), and if so the name and address of each company and the specific diagnostic or therapeutic services provided by the company, to comply with RSA 125:25-c; and

 

          (i)  Whether the applicant consents to the disclosure to third parties of:

 

(1)  For individuals, any or all of the applicant’s contact information; or

 

(2)  For entities, the entity’s designated email address.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 308.07  Additional Information and Documentation Required for Renewal Applications.  At the time that an applicant for renewal licensure submits a completed license renewal application form, the applicant shall submit, or arrange for the licensing bureau to receive, the following:

 

          (a)  A clear explanation, including all relevant facts, the date(s) of the action, and the sanction(s) imposed, of any “yes” answer to the background and character questions listed in Plc 308.06(e);

 

          (b)  If a credential from a regional or national organization is required for licensure, proof that the applicant holds the credential;

 

          (c)  For applicants who are on active military duty, proof of service status as specified in Plc 304.04(e);

 

          (d)  For any applicant applying for facilitated licensure as a military spouse, proof of service status and marriage as specified in Plc 304.04(f);

 

          (e)  For any applicant that is an entity:

 

(1)  A copy of the legal document that confers authority on the authorized signer to sign the application on the applicant’s behalf; and

 

(2)  Confirmation from the New Hampshire secretary of state’s office that the entity applying for licensure is in good standing and authorized to do business in New Hampshire; and

 

          (f)  Any additional information or materials required by applicable law, except that no photograph shall be required to be submitted unless required by an applicable statute.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 308.08  Signature and Attestation Required for Renewal Applications.

 

          (a)  The applicant for license renewal, or the duly-authorized individual for an applicant that is an entity, shall sign and date the application, provided that for applications that are submitted electronically, the act of submitting the application shall constitute the signature and the date of submittal shall be the date.

 

          (b)  The signature shall constitute the applicant’s attestation that:

 

(1)  The applicant is not under investigation by any professional licensing board and the applicant’s credentials have not been suspended or revoked by any professional licensing board, or a written explanation of each such occurrence is being submitted with the application pursuant to Plc 308.07(a);

 

(2)  If required by applicable law, the applicant has completed the survey or opt-out form provided by the office of rural health, department of health and human services;

 

(3)  The information and documentation provided are true, complete, and not misleading to the best of the applicant’s knowledge and belief;

 

(4)  The applicant understands that providing false or misleading information constitutes grounds for denial, suspension, or revocation of a license;

 

(5)  The applicant understands that providing false material information constitutes a misdemeanor under RSA 641:3 relative to falsification in official matters; and

 

(6)  The applicant understands that if the applicant fails to submit a complete application prior to the expiration of the applicant’s current license, the applicant’s license shall expire by operation of law, specifically RSA 310:8, III.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 308.09  Initial Review of Renewal Applications.

 

          (a)  Within 30 days of receipt of an application submitted pursuant to Plc 308.05, the licensing bureau shall:

 

(1)  Accept the application as being complete; or

 

(2)  Determine that the application is incomplete and notify the applicant in writing sent to the applicant’s designated email address that the application is incomplete, specifying what the applicant needs to submit to complete the application.

 

          (b)  A notice of incompleteness sent pursuant to (a)(2), above, shall clearly inform the applicant that if the application is not completed on or before the date on which the license expires, then:

 

(1)  The applicant’s NH license will expire and the applicant will not be able to work legally in New Hampshire unless and until the license is reinstated; and

 

(2)  The application for reinstatement will require payment of the application-related fees for reinstatement, and the application-related fees paid with the renewal application shall not be refunded.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 308.10  Withdrawal or Abandonment of Renewal Application.

 

          (a)  An applicant may withdraw the application for licensure renewal at any time prior to being notified of a decision under Plc 308.11.

 

          (b)  To withdraw an application, the applicant shall submit written notice to the licensing bureau via email to customersupport@oplc.nh.gov that:

 

(1)  Clearly states the applicant’s intention to withdraw the application; and

 

(2)  Clearly identifies the name in which the application was submitted, the profession for which the application was submitted, and the date the application was submitted.

 

          (c)  Upon receipt of a notice of withdrawal, the licensing bureau shall cease processing the application and mark the file to indicate the application was voluntarily withdrawn by the applicant.

 

          (d)  A renewal application shall be deemed to be abandoned if the applicant files an incomplete application and does not provide all information necessary to complete the application when directed to do so pursuant to Plc 308.09.

 

          (e)  If the application is withdrawn or abandoned, then:

 

(1)  The licensee shall no longer be authorized to practice after the expiration date;

 

(2)  If the person wishes to practice in New Hampshire, licensure shall be sought as provided in Plc 312; and

 

(3)  The application-related fees paid with the renewal application shall not be refunded.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 308.11  Review of Complete Renewal Applications; Decisions.

 

          (a)  After determining that an application is complete, the licensing bureau shall review the application to determine whether the applicant meets all criteria specified in applicable law for the license renewal being applied for, provided that:

 

(1)  If an inspection is required prior to renewing licensure, the licensing bureau shall refer the application to the inspection assignment coordinator for an inspection to be conducted; and

 

(2)  If the licensing bureau determines that the technical or professional expertise of the applicable board would be of assistance in determining whether the applicant meets the criteria for license renewal, the licensing bureau shall refer the application to the applicable board for review and a recommendation in accordance with the process established in Plc 304.08(c).

 

          (b)  Subject to (c) through (e), below, the licensing bureau shall make a decision on a complete application for renewal licensure within 60 days of determining that an application is complete.

 

          (c)  If an inspection is required by applicable law before a license can be renewed, the inspector shall conduct the inspection as provided in Plc 405.

 

          (d)  If the applicant has demonstrated that all eligibility criteria specified in applicable law for a renewal license have been met and that none of the grounds for refusing to renew a license specified in Plc 311.04 apply, the licensing bureau shall approve the application and renew the license with notification to the applicant at the applicant’s designated email address.

 

          (e)  If the applicant has not demonstrated that all eligibility criteria specified in applicable law have been met for license renewal or if any of the grounds for refusing to renew a license specified in Plc 311.04 apply, the licensing bureau shall:

 

(1)  Issue a denial of the application; and

 

(2)  Inform the applicant of the reason(s) for the denial and that the denial shall become final if the applicant does not file a request for a hearing in accordance with Plc 308.12 within 30 calendar days of receiving the denial, provided that if the last day of the period is not a working day, the deadline shall extend to 4:00 p.m. of the first working day following.

 

          (f)  For purposes of determining the date the denial was received, a denial sent to the applicant’s designated email address shall be presumed to be received not later than one calendar day after the date the licensing bureau sent the denial.

 

          (g)  If the applicant does not file a request for a hearing within the time period specified in the notice issued pursuant to (e), above, the denial shall become final.

 

          (h)  If the application is denied, then:

 

(1)  The licensee shall no longer be authorized to practice as of the date the denial becomes final;

 

(2)  If the person wishes to practice in New Hampshire, a complete application for reinstatement shall be filed, including new application-related fees; and

 

(3)  The application-related fees paid with the renewal application shall not be refunded.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-(Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 308.12  Challenging a Denial of Renewal Licensure; Challenging License Conditions.

 

          (a)  An applicant who wishes to challenge the denial of an application for renewal licensure made pursuant to Plc 308.11 or who wishes to challenge any condition(s) included in the license shall submit a “Petition for Hearing After Initial Denial of Licensure or Issuance of License with Conditions”, dated June 2025, that is signed and attested to as provided in (b) and (c), below, to the OPLC hearings clerk at hearingsclerk@oplc.nh.gov.

 

          (b)  The petitioner or petitioner’s authorized representative shall sign and date the petition, provided that if the petition is filed electronically, the act of submitting the petition shall constitute the signature and the date of submittal shall be the date.

 

          (c)  The signature provided pursuant to (b), above, shall constitute attestation that:

 

(1)  The signer has read the petition for hearing;

 

(2)  The signer is authorized to file the petition for hearing;

 

(3)  To the best of the signer’s knowledge, information, and belief, there are good grounds to support the petition for hearing; and

 

(4)  The petition for hearing has not been filed solely or primarily for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

 

          (d)  As required by RSA 310:14, I-a, the petition for hearing shall be filed within 30 calendar days of receipt of the denial of licensure, provided that if a petition for hearing is filed more than 31 days after the date of the denial of licensure, the petitioner shall have the burden of proving that the denial was not received within one day of being sent by the licensing bureau.

 

          (e)  Upon receipt of a petition for hearing, the hearings clerk shall:

 

(1)  Notify the licensing bureau with information sufficient for the licensing bureau to identify the underlying application; and

 

(2)  Docket the matter for a hearing before the applicable board.

 

          (f)  Upon receipt of a notice from the hearings clerk, the licensing bureau shall forward the application file to the hearings clerk.

 

          (g)  An applicant who requests a hearing who is on active military duty may request that the hearing be deferred until the applicant is no longer on active duty.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 308.13  Renewal Licenses.

 

          (a)  Each renewal license issued under this chapter shall specify:

 

(1)  The name of the licensee;

 

(2)  The profession in which the licensee is authorized to practice;

 

(3)  The effective date of the license;

 

(4)  The license number; and

 

(5)  Any conditions imposed pursuant to Plc 311.06.

 

          (b)  A renewal license shall be effective for 2 years from the date of issuance unless:

 

(1)  A complete renewal application is filed on or before the expiration date; or

 

(2)  The license is sooner suspended or revoked pursuant to Plc 311 or other applicable law.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 308.14  Wall Certificates.  Any licensee who wishes to have a wall certificate to display in the licensee’s place of business shall submit a written request for the wall certificate to the licensing bureau in accordance with Plc 304.14.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

 

          Plc 308.15  Refund of Fees When License Relinquished.

 

          (a)  As provided in RSA 310:5, I, a licensee possessing a license in good standing may, if to the best of the licensee’s knowledge the licensee is not the subject of an ongoing investigation or disciplinary action, surrender, or relinquish, their license and receive a pro-rated refund as provided in this section.

 

          (b)  To request a pro-rated refund, the licensee shall submit a “Relinquishment of License and Request for Fee Refund” form dated June 2025 to the licensing bureau that:

 

(1)  Contains the information required by (c), below; and

 

(2)  Is signed and attested to in accordance with (d) and (e), below.

 

          (c)  The licensee requesting the refund, hereinafter “requestor”, shall provide the following information on the form required by (b), above:

 

(1)  The requestor’s name as shown on the license, the profession, and the license number;

 

(2)  The date the current license was issued;

 

(3)  If the requestor’s designated email address in the OPLC’s records is no longer valid, an updated email address;

 

(4)  If the requestor is an entity, the name, title, and daytime telephone number of the individual who is authorized by the entity to communicate with the OPLC regarding the request; and

 

(5)  An explanation of each reason why the requestor wishes to relinquish the license, including but not limited to:

 

a.  The requestor is retiring, and the profession does not have a “retired” status or has one that the licensee does not wish to use;

 

b.  The requestor is leaving the profession and has no reasonable expectation of wanting to practice in the profession in the future;

 

c.  The requestor has moved to another jurisdiction and no longer wishes to maintain licensure in New Hampshire;

 

d.  The requestor is planning to leave the profession for more than 2 years and does not wish to maintain the license while not practicing; or

 

e.  The requestor is closing its business and will not be transferring its license to any other person.

 

          (d)  The requestor or the requestor’s duly-authorized representative shall sign and date the request, provided that for requests that are submitted electronically, the act of submitting the application shall constitute the signature and the date of submittal shall be the date.

 

          (e)  The signature shall constitute the requestor’s attestation that:

 

(1)  To the best of the requestor’s knowledge and belief, the requestor is not under investigation by any professional licensing board and the requestor’s credentials have not been suspended or revoked by any professional licensing board;

 

(2)  The requestor fully understands that relinquishing the license means the requestor will no longer be authorized to practice in New Hampshire in the profession for which the license was issued;

 

(3)  The information provided is true, complete, and not misleading to the best of the requestor’s knowledge and belief;

 

(4)  The requestor understands that providing false or misleading information constitutes grounds to deny the requested refund and to suspend or revoke the requestor’s license; and

 

(5)  The requestor understands that knowingly providing false material information constitutes a misdemeanor under RSA 641:3 relative to falsification in official matters.

 

          (f)  Upon receipt of a request for fee refund, the licensing bureau shall:

 

(1)  Contact the enforcement division to determine whether the requestor is the subject of an ongoing investigation or disciplinary action; and

 

(2)  If the requestor is not the subject of an ongoing investigation or disciplinary action, then:

 

a.  Determine how much of the license term remains; and

 

b.  Forward the information gathered to the OPLC finance office.

 

          (g)  If the requestor is the subject of an ongoing investigation or disciplinary action, the licensing bureau shall deny the request for refund in writing sent to the requestor’s designated email address that explains the reason(s) for the denial.

 

          (h)  The finance office shall calculate the amount of the refund by:

 

(1)  Determining what percentage of the license period is remaining;

 

(2)  Determining what fee the licensee paid for the current license;

 

(3)  Calculating the amount of the refund by:

 

a.  Subtracting $25 to cover costs of processing the request; and

 

b.  Multiplying the result by the percentage of the licensing period remaining; and

 

(4)  Applying (j) and (k), below, if applicable.

 

          (i)  After a determination is made in accordance with (h), above, the director of operations shall approve the request and direct the finance office to issue the refund.

 

          (j)  No refund request shall be accepted within the first 90 days of a license period, provided that a licensee may request a waiver of the time limit in accordance with Plc 211 if the request arises from circumstances beyond the licensee’s control that could not be reasonably anticipated when the license was initially issued or renewed.

 

          (k)  No refund shall exceed 90% of the applicable application fee.

 

Source.  #14183, INTERIM, eff 2-1-25, EXPIRES:  7-31-25; ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

PART Plc 309  ETHICAL AND PROFESSIONAL STANDARDS

 

          Plc 309.01  Purpose and Applicability.

 

          (a)  The purpose of this part is to identify the professional and ethical conduct standards that apply to all licensees, in order to engender public confidence in licensing of professionals by the state of New Hampshire.

 

          (b)  This part shall apply to any person who receives an initial, temporary, provisional, renewal, or reinstated license or an apprentice registration.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 310.01) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 309.02  Profession-Specific Ethical and Professional Standards.  Each licensee shall adhere to the code of ethics required by rules of the applicable board or other applicable law, including any codes adopted by a regional or national certifying organization if incorporated by reference in rules of the applicable board.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 310.02) (see Revision Note #2 at chapter heading for Plc 300)

 

PART Plc 310  COMPLAINTS; INVESTIGATIONS; DISPOSITION WITHOUT ADJUDICATION

 

          Plc 310.01  Applicability.  This part shall apply to any person who received or receives a license to practice a regulated profession, whether a temporary, initial, provisional, or renewal license.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.01) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 310.02  Rules of Practice and Procedure.  The rules in Plc 200 shall govern:

 

          (a)  Waivers of rules;

 

          (b)  Voluntary surrender of licenses; and

 

          (c)  Any other procedures not included in this chapter.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.02) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 310.03  Complaints.  Complaints shall be filed as required in Plc 204.02 and Plc 204.03.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 310.04  Investigations.  Investigations initiated to determine whether a licensee has committed misconduct shall be conducted as provided in Plc 204.05 through Plc 204.07 and applicable law.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.03) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 310.05  Commencement and Conduct of Disciplinary Proceedings.  If the executive director determines that, based on the results of an investigation, there is a reasonable basis to proceed with a disciplinary proceeding, the licensee who was investigated shall be notified and an adjudicative proceeding shall be conducted as provided in RSA 541-A, Plc 200, and applicable law.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.04) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 310.06  Settlement Procedures; Non-Disciplinary Remedial Actions.  The provisions of Plc 205 shall apply to:

 

          (a)  Any disciplinary matter that does not proceed to an adjudicative hearing or that is otherwise settled by agreement between the parties; and

 

          (b)  Any proceeding to impose non-disciplinary remedial measures.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

PART Plc 311  DISCIPLINARY PROCEEDINGS; LICENSE CONDITIONS

 

          Plc 311.01  Purpose.  This purpose of this part is to establish standard procedures for conducting disciplinary or non-disciplinary remedial proceedings and imposing license conditions.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.02  Definitions.  For purposes of this part, the following definitions shall apply:

 

          (a)  “Applicant” means a person who has applied for a license to practice in New Hampshire, whether a temporary, initial, or renewal license, prior to a final decision being made on the application;

 

          (b)  “Chronic non-complier” means a person who:

 

(1)  Has committed, within 3 years of the date of application or of the violation(s) for which a disciplinary proceeding has been initiated, as applicable:

 

a.  More than 2 violations that remain uncorrected after a regulatory authority has notified the respondent, in writing, of the violations and the need to correct them, which demonstrates that the respondent is unable or unwilling to comply with applicable requirements; or

 

b.  More than 3 violations that are corrected by the respondent after a regulatory authority has notified the respondent, in writing, of the violations and the need to correct them, but recur with a frequency that demonstrates that the respondent is unable or unwilling to maintain compliance with applicable requirements; or

 

(2)  Has been the subject, within 3 years of the date of the application or of the violation(s) for which a disciplinary proceeding or show cause hearing on an application has been initiated, as applicable, of 2 or more administrative or civil enforcement actions or one criminal enforcement action that have not been overturned on appeal for violations of any applicable law pertaining to any of the respondent’s activities;

 

          (c)  “Regulatory authority” means, unless specifically limited to New Hampshire:

 

(1)  “Board” as defined in Plc 102; and

 

(2)  Any comparable authority in any other jurisdiction in which a licensee is authorized to practice; and

 

          (d)  “Respondent” means the person against whom a disciplinary or non-disciplinary remedial proceeding is initiated.

 

Source.  (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13955, eff 5-3-24 (formerly Plc 213.01) (see Revision Note #2 at chapter heading for Plc 300

 

          Plc 311.03  Additional Grounds for Denying an Initial License Application.  In addition to such grounds for denying an initial license application as are identified in applicable law, such as not meeting the specified requirements for the profession, the following shall constitute good cause to deny a license application:

 

          (a)  The applicant owes any fees to a regulatory authority, unless the fees are being paid in accordance with a payment schedule and the applicant is current with all payments;

 

          (b)  The applicant owes any administrative fines to a regulatory authority, unless the fines are being paid in accordance with a payment schedule and the applicant is current with all payments;

 

          (c)  The applicant has failed to comply with any order issued by a regulatory authority, unless the applicant is complying in accordance with a compliance schedule and is current with all items;

 

          (d)  The applicant owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any statute or rule implemented by a regulatory authority, unless the penalties are being paid in accordance with a payment schedule and the applicant is current with all payments;

 

          (e)  The applicant has failed to comply with any civil or criminal restoration or restitution order imposed as a result of a judicial action taken to enforce any statute or rule implemented by a regulatory authority, unless the applicant is complying in accordance with a compliance schedule and is current with all items; or

 

          (f)  The applicant is a chronic non-complier.

 

Source.  (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22 ; ss by #13955, eff 5-3-24 (formerly Plc 213.02) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.04  Additional Grounds for Suspension, Revocation, or Refusal to Renew.  In addition to such grounds for suspending, revoking, or refusing to renew a license as are identified in applicable law, such as not meeting the specified requirements for the profession, the following shall constitute good cause to suspend, revoke, or refuse to renew a license:

 

          (a)  The licensee owes any fees to a regulatory authority, unless the fees are being paid in accordance with a payment schedule and the license holder is current with all payments;

 

          (b)  The licensee owes any administrative fines to a regulatory authority, unless the fines are being paid in accordance with a payment schedule and the license holder is current with all payments;

 

          (c)  The licensee has failed to comply with any order issued by a regulatory authority, unless the license holder is complying in accordance with a compliance schedule and is current with all items;

 

          (d)  The licensee owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any statute or rule implemented by a regulatory authority, unless the penalties are being paid in accordance with a payment schedule and the license holder is current with all payments;

 

          (e)  The licensee has failed to comply with any civil or criminal restoration or restitution order imposed as a result of a judicial action taken to enforce any statute or rule implemented by a regulatory authority, unless the license holder is complying in accordance with a compliance schedule and is current with all items; or

 

          (f)  The licensee is a chronic non-complier.

 

Source.  (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22 ; ss by #13955, eff 5-3-24 (formerly Plc 213.03) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.05  Determination to Deny a License Application Based on Alleged Misconduct or to Suspend, Revoke, or Refuse to Renew a License Based on Alleged Misconduct.

 

          (a)  The determination of whether to deny a license application based on alleged misconduct or to suspend, revoke, or refuse to renew a license based on alleged misconduct shall be made in accordance with the procedural rules in Plc 200 and this chapter.

 

          (b)  If the respondent has not already had the opportunity to contest, through an adjudicative proceeding, the prior violation(s) on which the OPLC proposes to base a decision to deny a license application or on which a board proposes to suspend, revoke, or refuse to renew a license, the respondent shall have the opportunity to contest or otherwise explain such prior violation(s) through an adjudicative proceeding prior to a final decision being made.

 

Source.  (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13955, eff 5-3-24 (formerly Plc 213.05) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.06  License Conditions.

 

          (a)  The executive director, in consultation with the applicable board, shall include conditions in a license whenever such conditions are necessary to:

 

(1)  Provide greater assurance that the licensee will comply with applicable law; or

 

(2)  Minimize the potential for harm to public health, safety, or welfare from any violations of applicable requirements.

 

          (b)  Any conditions so added shall relate directly to the activity for which the license is issued and shall be no more than reasonably necessary to achieve the criteria in (a), above.

 

          (c)  The determination of whether such conditions are reasonably necessary shall be made by the executive director in consultation with the applicable board based on:

 

(1)  The nature and scope of the license being issued; and

 

(2)  The compliance history of the applicant, including whether the applicant is a chronic non-complier.

 

          (d)  The licensee may appeal any conditions included in a license pursuant to this section in accordance with existing appeal routes established under applicable law.

 

Source.  (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13955, eff 5-3-24 (formerly Plc 213.06) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.07  Misconduct.  Misconduct shall be:

 

          (a)  Any conduct identified in RSA 310:12, I, reprinted in Appendix B, or the applicable board’s practice act, or both, as professional misconduct;

 

          (b)  Knowingly, recklessly, or negligently providing inaccurate material information to the OPLC or applicable board or failing to provide complete and truthful material information upon inquiry by an authorized representative of the OPLC or applicable board, including during the process of applying for an initial license, a license renewal, or the reinstatement of a license;

 

          (c)  Willfully or repeatedly violating:

 

(1)  Any applicable ethical or professional standard specified in Plc 309;

 

(2)  Any provision of the applicable board’s practice act; or

 

(3)  Any provision of the rules that apply to the regulated profession, whether in title Plc or a profession-specific title;

 

          (d)  Engaging in the practice of a regulated profession despite actual or potential inability to render care with reasonable skill and safety by reason of any impairment, including but not limited to physical or mental illness or use of alcohol, drugs, or any other substance that adversely affects human health or critical thinking skills;

 

          (e)  Being subject to final disciplinary action that results in revocation of a license or any credential required for licensure by:

 

(1)  A regulatory authority in another domestic or foreign jurisdiction; or

 

(2)  The applicable credentialing organization; and

 

          (f)  Practicing a regulated profession without a current license.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 311.08  Sanctions.

 

          (a)  Subject to (b), below, if the applicable board determines, after conducting an adjudicative proceeding or upon agreement of the respondent, that the criteria established in applicable law for imposing sanctions have been met, the applicable board shall impose such sanctions as are allowed under applicable law, including but not limited to RSA 310:12 and the applicable board’s practice act.

 

          (b)  No license shall be revoked unless the misconduct necessary for revocation is:

 

(1)  Established at an adjudicative hearing by clear and convincing evidence; or

 

(2)  Admitted by the respondent on the record or in a consent order.

 

Source.  (See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.05) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.09  Procedures for Imposing Sanctions; Notice to Other Jurisdictions and Organizations.

 

          (a)  Other than immediate license suspension authorized by RSA 541-A:30, III, or other applicable law, an applicable board shall impose disciplinary sanctions only:

 

(1)  After prior notice to the respondent in accordance with Plc 206 and the opportunity for the respondent to be heard; or

 

(2)  By agreement between the applicable board and the respondent that is reflected in a consent order.

 

          (b)  The OPLC shall send copies of orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees to the licensing body of each jurisdiction in which the respondent is licensed, to the respondent’s credentialing organization, and to such other entities, organizations, associations, or boards as are required to be notified under applicable law.

 

Source.  (See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.06) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.10  Method for Determining Sanctions.

 

          (a)  To determine which sanction or combination of sanctions to impose, the applicable board shall:

 

(1)  Determine the nature of the act(s) or omission(s) constituting the misconduct committed by the licensee;

 

(2)  Determine whether any aggravating or mitigating circumstances are present, as provided in (b) and (c), below; and

 

(3)  Apply the standards in Plc 311.11.

 

          (b)  The following shall be considered aggravating circumstances:

 

(1)  The rule or statute violated was clear as to what was required or prohibited;

 

(2)  The respondent has a record of disciplinary sanctions being imposed;

 

(3)  The respondent committed the misconduct intentionally or recklessly;

 

(4)  The respondent did not cooperate during the investigation and adjudicative proceeding; and

 

(5)  The misconduct caused actual harm or posed a material threat of harm to patients, clients, colleagues, or the public.

 

          (c)  The following shall be considered mitigating circumstances:

 

(1)  The respondent does not have a record of prior discipline;

 

(2)  The respondent committed the misconduct negligently or inadvertently;

 

(3)  The respondent cooperated fully during the investigation and adjudicative proceeding;

 

(4)  The respondent acknowledged that the identified actions constituted violations; and

 

(5)  The rule or statute violated was arguably unclear.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.11  Standards for the Selection of Sanctions.  The applicable board shall select one or more appropriate sanctions from the available sanctions by choosing the sanction(s) most likely to:

 

          (a)  Protect public health and safety;

 

          (b)  Prevent future misconduct by the respondent;

 

          (c)  Take into account any acknowledgement of fault by the respondent and any cooperation by the respondent with the investigation of misconduct; 

 

          (d)  Correct any attitudinal, educational, or other deficiencies that contributed to the misconduct;

 

          (e)  Encourage the responsible practice of the regulated profession; and

 

          (f)  Demonstrate to the respondent, other licensees in the regulated profession, and the public, the applicable board’s intent to ensure that licensees in a regulated profession practice in accordance with applicable law to support and protect public safety and welfare.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.12  Administrative Fines.

 

          (a)  Boards are authorized by RSA 310:12, I(e) to assess administrative fines in amounts established by the board in its rules, that shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater.

 

          (b)  If a board determines, based on Plc 311.11, that an administrative fine is warranted for misconduct for which a fine is not specifically identified in the board’s rules, the amount of the fine to be sought shall be:

 

(1)  Not more than the maximum identified in (a), above; and

 

(2)  Scaled to reflect the scope and severity of the violation based on:

 

a.  How much the misconduct deviated from the requirement;

 

b.  Whether the misconduct was committed negligently, recklessly, or intentionally; and

 

c.  The extent of harm or potential for harm that occurred.

 

          (c)  To initiate an administrative fine proceeding independent of other disciplinary action, the board shall issue a written notice to any person proposed to be subjected to an administrative fine that notifies the person:

 

(1)  Of the violation(s) or misconduct for which the administrative fine is proposed;

 

(2)  Of the amount of the proposed administrative fine;

 

(3)  That the person may request a hearing prior to the imposition of the fine; and

 

(4)  Of the deadline for requesting a hearing, which shall be no sooner than 20 days from the date of the notice.

 

          (d)  If the recipient of the notice requests a hearing, the hearing shall be conducted in accordance with the provisions in Plc 200 and RSA 541-A that govern adjudicative proceedings.

 

          (e)  The person may choose to waive the right to a hearing and pay the proposed fine, in which case the fine shall be paid to and received by the OPLC within 30 days of receipt of the notice.

 

Source.  #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.13  Conditions of License Suspension or Revocation.

 

          (a)  If a license is suspended, the licensee shall prepare and submit a plan of correction to address each violation that provided a basis for the disciplinary proceeding.

 

          (b)  The applicable board shall review the submitted plan of correction and:

 

(1)  Approve the plan, if it:

 

a.  Addresses each violation that provided a basis for the disciplinary proceeding; and

 

b.  Identifies one or more specific actions that the license shall take and specifies a deadline for taking each action that is reasonable based on the nature of the action to be taken; or

 

(2)  Return the plan to the licensee for revision and resubmission if the plan does not meet the requirements for approval specified in (1), above.

 

          (c)  A licensee whose license was suspended may request the license to be restored as provided in Plc 312.04.

 

          (d)  If a license is revoked, any subsequent application for licensure shall include a plan of correction that addresses each violation that provided a basis for the disciplinary proceeding and meets the criteria for approval specified in (b)(1), above.

 

          (e)  An individual whose license has been revoked and who wishes to have the New Hampshire license reinstated shall apply for initial licensure in accordance with Plc 312.05.

 

          (f)  A license shall not be granted to an individual who previously held a license but whose license was revoked unless and until the individual has complied with the requirements on which the revocation was based and has paid the costs associated with the revocation, if imposed pursuant to RSA 310:12, V or other applicable law.

Source.  (See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.07) (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 311.14  Reciprocal Discipline.

 

          (a)  When the applicable board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the regulatory authority in another jurisdiction, the applicable board shall issue an order in accordance with Plc 206.06 or Plc 206.07, as applicable.

 

          (b)  In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction, the licensee shall be subject to any disciplinary sanction authorized by applicable law.

 

Source.  (See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.08) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.15  Burden of Persuasion in Reciprocal Discipline Cases.  The burden of persuasion in cases initiated to determine whether to impose discipline based on discipline imposed against a licensee in another jurisdiction in which the licensee is licensed shall be as stated in Plc 206.24(h).

 

Source.  (See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13955, eff 5-3-24 (formerly Plc 213.04) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 311.16  Rehearings and Appeals.

 

          (a)  As provided in RSA 310:14, I and II, any person who has been refused a license by the applicable board or who has been disciplined by the applicable board shall have the right to request or petition for rehearing within 30 days after the original final decision.

 

          (b)  A petition for rehearing shall be filed and considered as provided in Plc 206.31 and Plc 206.32 relative to petitions for rehearing.

 

          (c)  As provided in RSA 310:14, III, “Appeals from a decision on rehearing shall be by appeal to the supreme court pursuant to RSA 541, except as specified in RSA 674:34 or other applicable statutes.”

 

          (d)  As also provided in RSA 310:4, III, no sanction shall be stayed by the applicable board during an appeal.

 

Source.  (See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.09) (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

PART Plc 312  OBTAINING A LICENSE AFTER EXPIRATION, SUSPENSION, OR REVOCATION

 

          Plc 312.01  Practice Prohibited After License Expiration, Suspension, or Revocation.

 

          (a)  An individual licensee who fails to timely file a complete application to renew a license shall not practice in New Hampshire unless and until a license is obtained in accordance with this part and any other provisions of applicable law.

 

          (b)  Any entity for which a complete application to renew is not timely filed shall not operate as a licensed entity in New Hampshire unless and until a license has been obtained in accordance with this part and any other provisions of applicable law.

 

          (c)  Any person whose license has been suspended shall not practice in New Hampshire unless and until a license is restored or reinstated as specified in Plc 312.04.

 

          (d)  Any person whose license is revoked shall not practice in New Hampshire unless and until a license is reinstated by applying for initial licensure as specified in Plc 312.05.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.01) (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 312.02  Reinstatement of Expired License Not More Than One Year After Expiration.  To request reinstatement of an expired license not more than one year after the license expired, the former licensee shall complete the process for renewing a license specified in Plc 308, including demonstrating that the applicant has:

 

          (a)  Met all continuing competence requirements; and

 

          (b)  Retained or re-obtained the certification(s) or other credential(s) required for licensure, if any.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.02) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 312.03  Process if License Has Been Expired More than One Year.  An individual whose license has been expired more than one year who wishes to obtain a license shall:

 

          (a)  Apply for initial licensure as provided in Plc 304; and

 

          (b)  Comply with any additional requirements specified for reobtaining a lapsed license in applicable law, such as demonstrating that the individual has the knowledge and skills necessary to practice competently, except that no late fee or penalty shall be paid in addition to the application-related fees for initial licensure.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.03) (see Revision Note #2 at chapter heading for Plc 300)

 

          Plc 312.04  Restoration of Suspended Licenses.

 

          (a)  Any license that has been suspended shall be subject to:

 

(1)  Restoration within 30 days of the end of the specified suspension term if the license has not expired; or

 

(2)  Reinstatement within one year of expiration of the suspended license, if later.

 

          (b)  An individual whose license was suspended who wishes to have the license restored shall:

 

(1)  If the request is made within 30 days of the termination of the suspension period and before the expiration date of the suspended license, submit a written request to the licensing bureau that demonstrates compliance with all conditions of the suspension order and plan of correction, including completing any additional continuing competence activities and paying any monetary penalties imposed, but not paying any additional application or restoration fee; or

 

(2)  If the request is made within 30 days of the termination of the suspension period and after the expiration date of the suspended license but within one year of the expiration date:

 

a.  Submit an application for reinstatement of licensure in accordance with Plc 312.02, including paying the application-related fees and demonstrating all requirements for reinstatement have been met;

 

b.  Pay all monetary penalties imposed, if any;

 

c.  Pay the costs associated with the suspension, if imposed pursuant to RSA 310:12, V or other applicable law; and

 

d.  Demonstrate that all conditions imposed in the suspension order have been met.

 

          (c)  Restored or reinstated licenses shall be:

 

(1)  Fully restored or reinstated, without conditions or limitations; or

 

(2)  Conditionally restored, with conditions or limitations specified pursuant to Plc 311.06, provided that no conditions or limitations shall be imposed without prior notice to the licensee and an opportunity for the licensee to be heard on the proposed conditions or limitations.

 

          (d)  Any person whose license was suspended who does not apply for restoration or reinstatement within the time period specified in (a), above, who wishes to be licensed in New Hampshire shall apply for initial licensure in accordance with Plc 304.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.04) (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 312.05  Application After Revocation of License.

 

          (a)  Any person whose license was revoked who wishes to practice in New Hampshire shall:

 

(1)  Submit an application for initial licensure in accordance with Plc 304, including demonstrating that the applicant:

 

a.  Holds any certification(s) or other credential(s) required for licensure; and

 

b.  Has met the continuing competence requirements specified in Plc 308.03 for the 2-year period prior to applying;

 

(2)  If required by applicable law, obtain a criminal records check using the process established by the NHDOS for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and directing that the results be sent to the OPLC; and

 

(3)  Demonstrate that:

 

a.  All conditions imposed in the revocation order have been met;

 

b.  All monetary penalties imposed have been paid; and

 

c.  Any waiting period established by applicable law has been met.

 

          (b)  If the licensing bureau makes a preliminary determination based on the information submitted by the applicant that the applicant does not qualify for a license or does not qualify for an unrestricted license, the licensing bureau shall refer the matter to the applicable board, which shall initiate a licensing proceeding pursuant to RSA 310:11 and Plc 200 to determine whether to deny the application or to reinstate the license with conditions.

 

          (c)  No license shall be granted to an individual who previously held a license whose license was revoked unless and until the individual has:

 

(1)  Satisfied the terms of the revocation order;

 

(2)  Paid all outstanding administrative and civil penalties imposed, if any, whether or not related to the revocation; and

 

(3)  Paid any costs associated with the revocation that were imposed pursuant to RSA 310:12, V or other applicable law.

 

Source.  (See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.05) (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

PART Plc 313  LICENSURE BY ENDORSEMENT

 

REVISION NOTE:

 

          Document #13763, effective 10-15-23, adopted Part Plc 313 titled “Licensure by Endorsement” as an interim rule, which expired 4-12-24. 

 

          Document #13954, effective 5-3-24, adopted Part Plc 313 again but with changes from the expired rules.  New rules whose numbers had previously been reserved by Document #13763 were adopted by Document #13954.  Also, rule Plc 313.06 titled “Required Signature and Attestation” in Document #13763 was not adopted again.  The expired rule Plc 313.08 titled “License by .Endorsement: Issuance and Duration” in Document #13763 was adopted by Document #13954 as 2 rules--Plc 313.07 titled “Licensure by Endorsement:  Issuance” and Plc 313.08 titled “Duration of License by Endorsement”.  These changes necessitated the renumbering by Document #13954 of other expired rules which had been in Document #13763 and were adopted again, as indicated in the source notes.

 

          Plc 313.01  Purpose; Basic Qualification.

 

          (a)  The purpose of the rules in Plc 313 is to implement Laws of 2023, ch. 111, effective August 27, 2023, now codified as RSA 310:17, relative to issuing licenses to applicants who are not currently licensed in New Hampshire but are licensed in another jurisdiction that has substantially similar requirements as defined in Plc 302.09.

 

          (b)  To qualify for licensure under this part, an individual shall hold a license that:

 

(1)  Is from a jurisdiction having substantially similar requirements;

 

(2)  Is not temporary;

 

(3)  Is not encumbered by any conditions, limitations, or restrictions; and

 

(4)  Is active and not currently suspended, revoked, or surrendered.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

          Plc 313.02  Applicability.

 

          (a)  Subject to (c), below, this part shall apply to the professions and licenses regulated under the statutes and by the executive director and boards listed in Table 313-1, below:

 

Table 313-1: Professions and Licenses for which Licensure by Endorsement is Available

 

Profession/License

Statute

Board

Certified Public Accountant

RSA 309-B

Board of accountancy

Acupuncturist

Acupuncture Detoxification Specialist

RSA 328-G

Board of acupuncture licensing

Master Licensed Alcohol and Drug Counselor

Certified Recovery Support Worker

Licensed Alcohol and Drug Counselor

RSA 330-C

Board of licensing for alcohol and other drug use professionals

Architect

RSA 310-A:28-52

Board of architects

Athletic Trainer

RSA 328-F

RSA 326-G

Governing board of athletic trainers

Barber

Cosmetologist

Esthetician

Manicurist

Master Barber

School Instructor

RSA 313-A

Board of barbering, cosmetology, and esthetics

Body Art Practitioner

RSA 314-A

Advisory board of body art practitioners

Chiropractor

RSA 316-A

Board of chiropractic examiners

Court reporter

RSA 310-A:161-181

Advisory board of court reporters

Dentist

Dental Hygienist

RSA 317-A

Board of dental examiners

Licensed Dietitian

RSA 326-H

Board of licensed dietitians

Journeyman Electrician

Master Electrician

RSA 319-C

Electricians’ board

Electrologist

RSA 314

Electrology advisory committee

Forester

RSA 310-A:98-117

Board of licensing for foresters

Funeral Director and Embalmer

Embalmer

RSA 325

Board of registration of funeral directors and embalmers

Genetic Counselor

RSA 328-F

RSA 326-K

Governing board of genetic counselors

Home Inspector

RSA 310-A:182-201

Board of home inspectors

Manufactured Housing Installer

RSA 205-D

Installation standards board

Licensed Land surveyor

RSA 310-A:53-74

Board of licensure for land surveyors

Landscape Architect

RSA 310-A:140-160

Board of landscape architects

Massage Therapist

RSA 328-B

Advisory board of massage therapists

Journeyman Plumber

Master Plumber

Domestic Appliance Technician

Fuel Gas Installation Technician

Fuel Gas Piping Installer

Fuel Gas Service Technician

Hearth System Installation and Service Technician

RSA 153:27-38

Mechanical licensing board

Cardiac Electrophysiology Specialist

Cardiovascular Invasive Specialist

Computed Tomographer

Limited X-Ray Machine Operator

Magnetic Resonance Technologist

Nuclear Medicine Technologist

Radiation Therapist

Radiographer

Radiologist Assistant

Sonographer

RSA 328-J

Advisory board of medical imaging and radiation therapy

Physician Assistant

Physician

RSA 328-D

RSA 329

Board of medicine

Clinical Mental Health Counselor

Clinical Social Worker

Marriage and Family Therapist

RSA 330-A

Board of mental health practice

Midwife

RSA 326-D

Midwifery council

Soil Scientist

Wetland Scientist

RSA 310-A:75-96

Board of natural scientists

Doctor of Naturopathic Medicine

RSA 328-E

Naturopathic board of examiners

Licensed Nursing Assistant

Licensed Practical Nurse

Certificate of Medication Administration for a Licensed Nursing Assistant

Registered Nurse

Advanced Practice Registered Nurse

RSA 326-B

Board of nursing

Nursing Home Administrator

RSA 151-A

Board of examiners of nursing home administrators

Occupational Therapist

Occupational Therapy Assistant

RSA 328-F

RSA 326-C

Governing board of occupational therapists

Ophthalmic Dispenser

RSA 327-A

OPLC executive director

Optometrist

RSA 327

Board of registration in optometry

Pharmacist

Certified Pharmacy Technician

RSA 318

Pharmacy board

Physical therapist

Physical therapist assistant

RSA 328-F

RSA 328-A

Governing board of physical therapists

Podiatrist

RSA 315

Board of podiatry

Professional engineer

RSA 310-A:2-27

Board of professional engineers

Professional geologist

RSA 310-A:118-139

Board of professional geologists

Psychologist

RSA 329-B

Board of psychologists

Recreational therapist

RSA 326-J

Advisory board of recreational therapists

Reflexologist

Structural integrator

Asian bodywork therapist

RSA 328-H

Advisory board of reflexologists, structural integrators, and Asian bodywork therapists

Respiratory care practitioner

RSA 331-A

Advisory board of respiratory care practitioners

Septic system evaluator

RSA 310-A:202-221

Board of septic system evaluators

Speech-Language Pathologist

Audiologist

Speech-Language Assistant

Hearing Aid Dealer

RSA 328-F

RSA 326-F

Governing board of speech-language pathologists and hearing care providers

Veterinarian

RSA 332-B

Board of veterinary medicine

 

          (b)  This part shall not apply to:

 

(1)  Auctioneers;

 

(2)  Family mediators;

 

(3)  Guardians ad litem;

 

(4)  Medical technicians;

 

(5)  Nurse agencies;

 

(6)  Professional bail bondsmen;

 

(7)  The professions regulated by the assessing certification advisory board;

 

(8)  The professions regulated by the boxing and wrestling commission;

 

(9)  The professions regulated by the real estate appraisers board; or

 

(10)  The professions regulated by the real estate commission.

 

          (c)  The availability of licensure by endorsement under this part shall not supersede, replace, or otherwise affect the applicability or availability of any profession-specific compacts.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.03  Applications for Licensure by Endorsement.

 

          (a)  An applicant for licensure by endorsement shall:

 

(1)  Subject to (b), below, submit the following to the licensing bureau using the portal available via www.oplc.nh.gov or, if the portal is not yet available or if submitting the application via the portal is not practicable for the applicant, by mailing a paper application to the address specified in Plc 102.03:

 

a.  A completed “Universal Application for Initial License”, dated April 2024, that provides the information required by Plc 304.03 and is signed and attested to as specified in Plc 304.05;

 

b.  The documentation specified in Plc 304.04 and Plc 313.05; and

 

c.  The applicable application processing and licensing fee specified in Plc 1002, unless Plc 304.02(a) relative to exempting active military and military spouses from paying application processing and licensing fees applies;

 

(2)  If applicable law requires a criminal records check, complete the process established by applicable law and the NHDOS for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and directing that the results be sent to the licensing bureau, provided that proof of the applicant’s military security clearance may be provided in lieu of the criminal background check if allowed by applicable law.

 

          (b)  To satisfy the requirement in RSA 310:17, I, to present evidence of an active license in good standing from another jurisdiction, an applicant for licensure by endorsement for a pharmacist license shall use the Electronic Licensure Transfer Program® (eLTP®) of the National Association of Boards of Pharmacy (NABP), available via the NABP’s website at https://nabp.pharmacy/ or directly at https://nabp.pharmacy/programs/licensure/licensure-transfer/.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14088, eff 9-27-24

 

          Plc 313.04  Information Required for Initial License Application.  The applicant shall identify the profession for which the application is being filed and then provide the information specified in Plc 303.04 for individuals and all applicants.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.05  Documentation Required for Initial License Application.  At the time an applicant for a license by endorsement submits a completed license application, the applicant shall submit, or arrange for the licensing bureau to receive:

 

          (a)  Primary source verification from the jurisdiction identified pursuant to Plc 304.03(d), such as a print-out or screen capture of the licensing board’s portal showing that the individual is licensed to practice and that the license is in good standing;

 

          (b)  If the applicant is seeking licensure as active military or as a military spouse, proof of service status and, if applicable, proof of marriage as specified in Plc 304.04(e) and (f); and

 

          (c)  If applicable, the evaluation of foreign credentials required by Plc 313.12.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.06  Processing of Applications for a License by Endorsement; Decisions.

 

          (a)  The executive director shall grant a license to each applicant who is licensed in another jurisdiction in the profession for which application is being made and who provides all items specified in Plc 313.03, including without limitation proof that the applicant holds an license in good standing in another jurisdiction based on requirements that are substantially similar to New Hampshire’s.

 

          (b)  If the information submitted by the applicant shows that the applicant does not qualify for a license by endorsement, the executive director shall deny the application.

 

          (c)  If the information submitted by the applicant shows that the applicant qualifies for a license by endorsement but applicable law requires a criminal background check and the OPLC has not yet received the results from the NHDOS, the executive director shall issue a provisional license that allows the applicant to practice in New Hampshire pending the results of the criminal background check.

 

          (d)  If a provisional license is issued pursuant to (c), above, then when the results of the criminal background check are received, the executive director shall:

 

(1)  Issue a regular license to the provisional licensee, if the results do not show grounds to deny the application; or

 

(2)  If the results do show grounds to deny the application, notify the licensee in writing and refer the matter to the applicable board for a hearing.

 

          (e)  If the information submitted by the applicant is insufficient to allow the executive director to issue or deny a license by endorsement, the executive director shall request the applicant to provide the additional information needed to allow a determination to be made.

 

          (f)  Denial of a license by endorsement under this part shall not automatically result in denial of a regular license should the individual choose to apply under Plc 304.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.07) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.07  License by Endorsement: Issuance.  Each license by endorsement issued under this part shall specify:

 

          (a)  The name of the licensee;

 

          (b)  The profession in which the licensee is authorized to practice;

 

          (c)  The expiration date of the license; and

 

          (d)  The license number.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.08(a)) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.08  Duration of License by Endorsement. 

 

          (a) A license issued pursuant to this part that is not provisional shall be valid for 2 years from the date of issuance, subject to the following:

 

(1)  Timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until final action has been taken on the renewal application; and

 

(2)  Suspension or revocation of the license pursuant to Plc 311 or other applicable law shall cause the license to not be valid unless and until it is reinstated as provided in Plc 300.

 

          (b)  A provisional license shall expire upon the approval of full licensure, or if full licensure by endorsement is denied, as of the date of:

 

(1)  The final decision of the board if no appeal is taken; or

 

(2)  The final decision in the last appeal taken.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.08(b) and (c)) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.09  Obligations of Licensees by Endorsement.  Upon issuance of a license or provisional license under this part, the licensee shall become subject to:

 

          (a)  Plc 307 relative to licensee obligations;

 

          (b)  Plc 308 relative to license renewal; 

 

          (c)  Plc 309 through Plc 312; and

 

          (d)  The regulatory authority of the applicable board.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.10  Definitions Related to Substantially Similar Requirements.  For purposes of establishing substantially similar requirements, the following definitions shall apply:

 

          (a)  “Current requirements” means the requirements that are in place in the licensing jurisdiction for obtaining a license by substantive qualification as of the date an application for a license by endorsement is filed in New Hampshire;

 

          (b)  “Foreign jurisdiction” means a jurisdiction that is outside of any state of the U.S., the District of Columbia, the Commonwealth of Puerto Rico, a trust territory of the Pacific Islands, or any territory or possession of the U.S.;

 

          (c)  “License by substantive qualification” means the requirements for obtaining a license by submitting primary source verification of meeting applicable education, training, and examination requirements of the licensing jurisdiction.  The term does not include any license obtained by merely or primarily showing proof of licensure in a different jurisdiction, such as for endorsement or reciprocity;

 

          (d)  “Licensing jurisdiction” means the jurisdiction that issued the license that the applicant believes is based on substantially similar requirements, which shall include county, county-equivalent, or municipal government if such licenses are not issued by the state in which the county, county-equivalent, or municipality is located;

 

          (e)  “New Hampshire jurisprudence exam” means an examination on the New Hampshire-specific aspects of a profession that is required by the applicable board for all applicants, as established in the applicable board’s rules; and

 

          (f)  “State-approved” means approved by the licensing jurisdiction, whether a state, territory, county, county-equivalent, or municipality.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14326, eff 7-23-25, EXPIRES: 7-23-35

 

          Plc 313.11  Waivers of Stated Criteria.  An individual who obtained licensure in a jurisdiction whose current requirements do not meet the criteria listed in the applicable section of Plc 313.13 through Plc 313.57, but who believes that the individual should be qualified based on a combination of education, training, and actual work experience as a licensed professional, may request a waiver of the stated criteria pursuant to Plc 211.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.12  Evaluation of Foreign Credentials Required.

 

          (a)  Except as provided in (b), below, any applicant who is seeking licensure by endorsement based on a license issued by a foreign jurisdiction shall submit with the application an evaluation of the applicant’s credentials by a member of:

 

(1)  The National Association of Credential Evaluation Services (NACES), available at https://www.naces.org/; or

 

(2)  The Association of International Credentials Evaluators (AICE), available at https://aice-eval.org/.

 

          (b)  Any applicant for a license by endorsement to practice physical therapy based on a license obtained in a foreign jurisdiction shall submit with the application an evaluation of the applicant’s credentials by the Foreign Credentialing Commission on Physical Therapy (FCCPT), available at https://www.fccpt.org/.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.13  Substantially Similar Requirements for the Professions Regulated by the Board of Accountancy.  For purposes of obtaining a license by endorsement as a certified public accountant, as regulated by the board of accountancy, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  A bachelor’s degree with a concentration in accounting or equivalent acceptable to the licensing jurisdiction;

 

          (b)  One year or more of public accounting experience or equivalent acceptable to the licensing jurisdiction; and

 

          (c)  Pass the Uniform Certified Public Account Examination or other examination deemed equivalent by the licensing jurisdiction.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.14  Substantially Similar Requirements for the Professions Regulated by the Board of Acupuncture Licensing.

 

          (a)  For purposes of this section, the following definitions shall apply:

 

(1)  “NADA” means “NADA” as defined by RSA 328-G:2, XI, namely “the National Acupuncture Detoxification Association, including its predecessors and successors”; and

 

(2)  “NADA training” means “NADA training” as defined in RSA 328-G:2, XII, namely “the standardized auricular acupuncture protocol developed by NADA that is in effect on July 1, 2017.”

 

          (b)  For purposes of obtaining a license by endorsement in a profession regulated by the board of acupuncture licensing, the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  For an acupuncturist license, the following:

 

a.  Be certified by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) or hold a certification deemed equivalent by the licensing jurisdiction; and

 

(2)  For an acupuncture detoxification specialist license, the following:

 

a.  Be a health care professional, recovery coach, peer counselor, or mental health professional who is licensed or certified in the licensing jurisdiction; and

 

b.  Obtain NADA training or the equivalent.

 

          (c)  Any individual who receives an acupuncture detoxification specialist license shall submit proof of having a supervising NH-licensed acupuncturist prior to practicing in NH.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.15  Substantially Similar Requirements for the Professions Regulated by the Board of Licensing for Alcohol and Other Drug Use Professionals.  For purposes of obtaining a license by endorsement in a profession regulated by the board of licensing for alcohol and other drug use professionals, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a master licensed alcohol and drug counselor license, the following:

 

(1)  A 60-hour master’s degree or higher degree, an advanced standing master’s degree, or a masters degree of less than 60 hours plus graduate course work so the combined total is 60 hours, in clinical mental health, clinical psychology, substance use treatment, social work, or equivalent;

 

(2)  At least 2,500 hours of supervised post-masters clinical experience including not less than 10 hours in each of the 12 core functions as defined in RSA 330-C:2, XI; and

 

(3)  Pass one of the following examinations:

 

a.  The Advanced Alcohol and Drug Counselor (AADC) exam offered by the International Certification & Reciprocity Consortium;

 

b.  The Master Addiction Counselor (MAC) exam offered by the National Certification Commission for Addiction Professionals (NAA AP);

 

c.  Level IV or Level V of the CATC exam offered by the California Association for Alcohol/Drug Educators (CAADE); or

 

d.  The Examination for Master Addictions Counselors (EMAC) offered by the National Board of Certified Counselors;

 

          (b)  For a certified recovery support worker license:

 

(1)  Pass any of the following examinations:

 

a.  The Peer Recovery (PR) exam from the International Certification and Reciprocity Consortium; or

 

b.  The National Certified Peer Recovery Support Specialist (NCPRSS) exam from the NAADAC;

 

(2)  At least 500 hours of supervised work experience in the recovery performance domains of ethical responsibility, advocacy, mentoring and education, and recovery wellness, and includes at least 25 hours of direct supervision; and

 

(3)  A minimum of a high school diploma or equivalency and 30 hours of training in substance use recovery services approved by the licensing jurisdiction.

 

          (c)  For a licensed alcohol and drug counselor license, the following:

 

(1)  Either:

 

a.  An associate’s degree in substance use counseling, addiction studies, or a related field plus at least 6,000 hours of supervised experience, including not less than 10 hours in each of the 12 core functions as defined in RSA 330-C:2, XI; or

 

b.  A bachelor’s degree plus at least 4,000 hours of supervised experience, including not less than 10 hours in each of the 12 core functions as defined in RSA 330-C:2, XI; and

 

(2)  Pass any of the following examinations:

 

a.  From the International Certification and Reciprocity Consortium, the Alcohol and Drug Counselor (ADC) exam or the Advanced Alcohol and Drug Counselor (AADC) exam;

 

b.  From the NAADAC, Level II of the National Certified Addiction Counselor (NCAC II) exam or the Master Addiction Counselor (MAC) exam; or

 

c.  From the CAADE, level II or above of the CATC exam.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.13) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.16  Substantially Similar Requirements for the Profession Regulated by the Board of Architects.  For purposes of obtaining a license by endorsement as an architect, as regulated by the board of architects, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  A professional degree in architecture from a school accredited by the National Architectural Accrediting Board (NAAB), or a degree that is deemed equivalent by the licensing jurisdiction;

 

          (b)  A period of supervised practical experience; and

 

          (c)  Pass the Architecture Registration Examination (ARE) or an examination deemed equivalent by the licensing jurisdiction.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.17  Substantially Similar Requirements for the Profession Regulated by the Governing Board of Athletic Trainers.

 

          (a)  For purposes of this section, “board of certification” means the non-profit entity and successor entities originally incorporated in 1989 to provide a certification program for entry-level athletic trainers and recertification standards for certified athletic trainers, previously known as the “National Athletic Trainers Association Board of Certification, Inc.” (NATABOC).

 

          (b)  For purposes of obtaining an athletic trainer license by endorsement, as regulated by the governing board of athletic trainers, the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  Pass the board of certification examination.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.18  Substantially Similar Requirements for the Professions Regulated by the Board of Barbering, Cosmetology, and Esthetics.  For purposes of obtaining a license by endorsement in a profession regulated by the board of barbering, cosmetology, and esthetics, the current requirements of the licensing jurisdiction shall be follows:

 

          (a)  For a barber license, the following:

 

(1)  Graduate from a state-approved education or training program for barbers; and

 

(2)  Pass a state-approved competency examination for barbers;

 

          (b)  For a cosmetologist license, the following:

 

(1)  Graduate from a state-approved education or training program for cosmetologists; and

 

(2)  Pass a state-approved competency examination for cosmetologists;

 

          (c)  For an esthetician license, the following:

 

(1)  Graduate from a state-approved education or training program for estheticians; and

 

(2)  Pass a state-approved competency examination for estheticians;

 

          (d)  For a manicurist license, the following:

 

(1)  Graduate from a state-approved education or training program for manicurists or nail technicians; and

 

(2)  Pass a state-approved competency examination for manicurists or nail technicians;

 

          (e)  For a master barber license, the following:

 

(1)  Graduate from a state-approved education or training program for master barbers; and

 

(2)  Pass a state-approved competency examination for master barbers; and

 

          (f)  For a school instructor:

 

(1)  Hold a personal license, or be eligible for a personal license, in the profession to be taught;

 

(2)  Complete the state-approved training program, experience, or education requirements for instructors; and

 

(3)  Pass a state-approved competency examination for instructors.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.17) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.19  Substantially Similar Requirements for the Professions Regulated by the Executive Director with the Advisory Board of Body Art Practitioners.  For purposes of obtaining a license by endorsement for a profession regulated by the executive director with the advisory board of body art practitioners, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Complete an education, training, or apprenticeship program for body work approved by the licensing jurisdiction.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.20  Substantially Similar Requirements for the Profession Regulated by the Board of Chiropractic Examiners.  For purposes of obtaining a license by endorsement to practice as a chiropractor, as regulated by the board of chiropractic examiners, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For education, either:

 

(1)  Graduate from a degree-granting chiropractic college that is accredited by an established chiropractic accrediting body approved by the U.S. Department of Education; or

 

(2)  Complete a chiropractic program at a chiropractic institution accredited by a regional accrediting agency approved by the U.S. Department of Education; and

 

          (b)  Pass parts I, II, III, and IV of the examination administered by the National Board of Chiropractic Examiners.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.21  Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Advisory Board of Court Reporters.  For purposes of obtaining a license by endorsement as a court reporter, as regulated by the executive director with the advisory board of court reporters, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Certification as a Registered Professional Reporter from the National Court Reporters Association or an equivalent certification from an official state licensing body; or

 

          (b)  Certification as a Certified Voice Reporter from the National Verbatim Reporters Association or an equivalent certification from an official state licensing body.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.22  Substantially Similar Requirements for the Professions Regulated by the Board of Dental Examiners.  For purposes of obtaining a license by endorsement for a profession regulated by the board of dental examiners, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a dentist:

 

(1)  Graduate from a school for dentists recognized by the Commission On Dental Accreditation (CODA); and

 

(2)  Pass a state-approved national or regional examination for dentists; and

 

          (b)  For a dental hygienist:

 

(1)  Graduate from a program for dental hygienists accredited by CODA or by an accrediting agency recognized by the United States Department of Education; and

 

(2)  Pass the National Board Dental Hygiene Examination from the Joint Commission on National Dental Examinations or an examination deemed equivalent by the licensing jurisdiction.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.21) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.23  Substantially Similar Requirements for the Profession Regulated by the Board of Licensed Dietitians.  For purposes of obtaining a dietitian license by endorsement, as  regulated by the board of licensed dietitians, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Pass the registered dietitian (RD) examination administered by the Commission on Dietetic Registration.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.24  Substantially Similar Requirements for the Professions Regulated by the Electricians’ Board.

 

          (a)  For purposes of obtaining a license by endorsement for a profession regulated by the electricians’ board, the licensing jurisdiction shall use the same edition or later of the same electrical code as is used in New Hampshire, and the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  For a journeyman electrician:

 

a.  Complete 4 years of full-time work or 8,000 hours of work in not more than 6 years as an apprentice electrician in an apprenticeship program that includes not less than 560 hours of education and is deemed by the licensing jurisdiction to prepare apprentices for licensure; and

 

b.  Pass a state-approved examination for journeyman electricians; and

 

(2)  For a master electrician:

 

a.  Complete at least one year full-time or 2,000 hours of work in not more than 3 years as a licensed journeyman electrician; and

 

b.  Pass a state-approved examination for master electricians.

 

          (b)  Applicants for licensure by endorsement also shall have one year of professional experience as:

 

(1)  A licensed journeyman electrician, if applying for a journeyman electrician license; or

 

(2)  A licensed master electrician, if applying for a master electrician license.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.23) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.25  Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Electrology Advisory Committee.  For purposes of obtaining an electrologist license by endorsement, as regulated by the executive director with the electrology advisory committee, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Graduate from a state-approved electrology education or training program; and

 

          (b)  Pass a state-approved competency examination for electrologists.

 

Source.  #13954, eff 5-3-24

 

          Plc 313.26  Substantially Similar Requirements for the Profession Regulated by the Board of Licensing for Foresters.  For purposes of obtaining a license by endorsement as a forester, as regulated by the board of licensing for foresters, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  A minimum of 2-year degree in forestry or a field deemed related by the licensing jurisdiction; and

 

          (b)  A period of experience, which may vary in length based on the educational level.

 

Source.  #13954, eff 5-3-24

 

          Plc 313.27  Substantially Similar Requirements for the Professions Regulated by the Board of Registration of Funeral Directors and Embalmers.

 

          (a)  For purposes of obtaining a license by endorsement for a profession regulated by the board of registration of funeral directors and embalmers (NH board), the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  For a funeral director and embalmer:

 

a.  Complete a state-approved mortuary program;

 

b.  Complete a state-approved apprenticeship or internship program for funeral directors and embalmers; and

 

c.  Pass a state-approved examination for funeral directors and embalmers; and

 

(2)  For an embalmer:

 

a.  Complete a state-approved mortuary program;

 

b.  Complete a state-approved apprenticeship or internship program for embalmers; and

 

c.  Pass a state-approved examination for embalmers.

 

          (b)  Individuals applying for licensure as a funeral director and embalmer also shall pass a New Hampshire jurisprudence exam approved by the NH board.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.28  Substantially Similar Requirements for the Profession Regulated by the Governing Board of Genetic Counselors.  For purposes of obtaining a license by endorsement as a genetic counselor, as regulated by the governing board of genetic counselors, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Pass the examination of the American Board of Genetic Counseling (ABGC).

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.29  Substantially Similar Requirements for the Profession Regulated by the Board of Home Inspectors.  For purposes of obtaining a license by endorsement as a home inspector, as regulated by the board of home inspectors, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Complete the education or experience requirement established by the licensing jurisdiction.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.30  Substantially Similar Requirements for the Profession Regulated by the Installation Standards Board.  For purposes of obtaining a license by endorsement as a manufactured housing installer, as regulated by the installation standards board, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Complete a course or training on installation standards for manufactured housing that is approved by the licensing jurisdiction or by the U.S. Department of Housing and Urban Development.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.31  Substantially Similar Requirements for the Profession Regulated by the Board of Licensure for Land Surveyors.

 

          (a)  For purposes of obtaining a license by endorsement as a land surveyor, as regulated by the board of licensure for land surveyors, the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  A period of experience, which may include education;

 

(2)  Pass the National Council of Examiners for Engineering and Surveying (NCEES) Fundamentals of Surveying exam or an examination deemed equivalent by the licensing jurisdiction; and

 

(3)  Pass the NCEES Principles and Practice of Surveying examination or an examination deemed equivalent by the licensing jurisdiction.

 

          (b)  The individual also shall pass the NH Legal Aspects examination.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.32  Substantially Similar Requirements for the Profession Regulated by the Board of Landscape Architects.  For purposes of obtaining a license by endorsement as a landscape architect, as regulated by the board of landscape architects, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  A bachelor’s degree in landscape architecture or in a field deemed equivalent by the licensing jurisdiction;

 

          (b)  Complete a period of experience under direct supervision of a licensed landscape architect, which may vary in length based on the educational level; and

 

          (c)  Pass all sections of the Landscape Architect Registration examination (LARE) administered by the Council of Landscape Architectural Registration Boards (CLARB).

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.33  Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Advisory Board of Massage Therapists.  For purposes of obtaining a massage therapist license by endorsement, as regulated by the executive director with the advisory board of massage therapists, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Complete a state-approved education or training program for massage therapists; and

 

          (b)  Pass a nationally-recognized certifying examination for massage therapists.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.34) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.34  Substantially Similar Requirements for the Professions Regulated by the Mechanical Licensing Board.  For purposes of obtaining a license by endorsement in a profession regulated by the mechanical licensing board, the licensing jurisdiction shall use the same edition or later of the building code adopted for New Hampshire under RSA 155-A:1, IV and the same edition or later of the fire code adopted for New Hampshire under RSA 153:5, and the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a journeyman plumber:

 

(1)  Complete a state-approved apprenticeship program for journeyman plumbers that requires 4 years full-time or the equivalent and includes 560 hours of instruction; and

 

(2)  Pass a state-approved examination for journeyman plumbers;

 

          (b)  For a master plumber:

 

(1)  Obtain the amount of experience as a journeyman plumber that is specified by the licensing jurisdiction; and

 

(2)  Pass a state-approved examination for master plumbers;

 

          (c)  For a domestic appliance technician, complete state-approved training for domestic service technicians that includes a minimum of 1,000 hours of experience;

 

          (d)  For a fuel gas installation technician, complete state-approved training for fuel gas installers that includes a minimum of 1,000 hours of experience;

 

          (e)  For a fuel gas piping installer, complete state-approved training for fuel gas piping installers that includes a minimum of 1,000 hours of experience;

 

          (f)  For a fuel gas service technician, complete state-approved training for fuel gas service technicians that includes a minimum of 2,000 hours of experience; and

 

          (g)  For a hearth system installation and service technician, complete state-approved training for hearth system installation and service technicians that includes a minimum of 2,000 hours of experience.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.35  Substantially Similar Requirements for the Professions Regulated by the Executive Director with the Advisory Board of Medical Imaging and Radiation Therapy.  For purposes of obtaining a license by endorsement in a profession regulated by the executive director with the advisory board of medical imaging and radiation therapy, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a cardiac electrophysiology specialist license, certification in cardiac electrophysiology from Cardiovascular Credentialing International (CCI) or certification deemed equivalent or more stringent by the licensing jurisdiction;

 

          (b)  For a cardiovascular invasive specialist license, certification in cardiovascular invasive procedures from CCI or certification deemed equivalent or more stringent by the licensing jurisdiction;

 

          (c)  For a computed tomographer license, certification in tomography from American Registry of Radiologic Technologists (ARRT) or certification deemed equivalent or more stringent by the licensing jurisdiction;

 

          (d)  For a limited x-ray machine operator license, the following:

 

(1)  Successful completion of state-approved course or training program; and

 

(2)  Pass a state-approved competency examination;

 

          (e)  For a magnetic resonance technologist license, certification in radiography or magnetic resonance imaging from the ARRT or certification deemed equivalent or more stringent by the licensing jurisdiction;

 

          (f)  For a nuclear medicine technologist license, certification in nuclear medicine technology from ARRT or the Nuclear Medicine Technology Certification Board or certification deemed equivalent or more stringent by the licensing jurisdiction;

 

          (g)  For a radiation therapist license, certification in radiotherapy from ARRT or certification deemed equivalent or more stringent by the licensing jurisdiction;

 

          (h)  For a radiographer license, certification in radiotherapy from ARRT or certification deemed equivalent or more stringent by the licensing jurisdiction;

 

          (i)  For a radiologist assistant license, certification as a radiologist assistant or radiology practitioner assistant from ARRT or the Certification Board of Radiology Physician Assistants or certification deemed equivalent or more stringent by the licensing jurisdiction; and

 

          (j)  For a sonographer license:

 

(1)  Certification in sonography from:

 

a.  ARRT;

 

b.  The American Registry of Diagnostic Medical Sonography; or

 

c.  CCI; or

 

(2)  Certification deemed equivalent or more stringent by the licensing jurisdiction.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.36  Substantially Similar Requirements for the Professions Regulated by the Board of Medicine.  For purposes of obtaining a license by endorsement for a profession regulated by the board of medicine, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a physician assistant (PA):

 

(1)  Graduate from a PA program accredited by the Accreditation Review Commission on Education for the Physician Assistant; and

 

(2)  Pass a national examination for PAs; and

 

          (b)  For a physician:

 

(1)  Either:

 

a.  Graduated from a medical school maintaining at the time of such studies a standard satisfactory to the Accreditation Council for Medical Education; or

 

b.  Studied medicine in a medical school located outside the United States that is recognized by the United Nations World Health Organization (UNWHO) and obtained Educational Commission for Foreign Medical Graduates (ECFMG) certification;

 

(2)  Pass each component of the U.S. Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) or be board-certified by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA); and

 

(3)  Successfully complete postgraduate medical training approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.38) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.37  Substantially Similar Requirements for the Professions Regulated by the Board of Mental Health Practice.  For purposes of obtaining a license by endorsement for a profession regulated by the board of mental health practice, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a clinical mental health counselor:

 

(1)  Complete a 60 semester-hour or 90 quarter-hour master’s degree in counseling or 60 semester-hours or 90 quarter-hours of graduate course work including the following topic areas:

 

a.  Professional counseling orientation and ethical practice;

 

b.  Social and cultural diversity;

 

c.  Human growth and development;

 

d.  Career development;

 

e.  Counseling and helping relationships;

 

f.  Group counseling and group work;

 

g.  Diagnosis and treatment;

 

h.  Assessment and testing; and

 

i.  Research and program evaluation;

 

(2)  Pass the clinical mental health counselor’s proctored examination of the National Board for Certified Counselors, Inc., or another nationally-recognized examination for mental health counselors deemed equivalent by the licensing jurisdiction; and

 

(3)  Complete a minimum of 2,500 hours or 2 full-time years of supervised postgraduate professional experience;

 

          (b)  For a clinical social worker:

 

(1)  A master’s degree in social work from program accredited by the Council for Higher Education Accreditation or the U.S. Department of Education or otherwise recognized by the licensing jurisdiction;

 

(2)  Pass a nationally-recognized clinical category examination; and

 

(3)  Complete a minimum of 2,500 hours or 2 full-time years of supervised postgraduate clinical practice; and

 

          (c)  For a marriage and family therapist:

 

(1)  A master’s degree or higher degree in marriage and family therapy from a program recognized by the licensing jurisdiction;

 

(2)  Pass the national examination of Association of Marital and Family Therapy Regulatory Boards; and

 

(3)  Complete a minimum of 2,500 hours or 2 full years of postgraduate supervised experience or 1,000 hours of direct patient contact.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.39) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.38  Substantially Similar Requirements for the Profession Regulated by the Midwifery Council.  For purposes of obtaining a midwife license by endorsement, as regulated by the midwifery council, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Certification as a Certified Professional Midwife by a nationally-recognized certifying body.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.39  Substantially Similar Requirements for the Professions Regulated by the Board of Natural Scientists.

 

          (a)  For purposes of obtaining a license by endorsement in a profession regulated by the board of natural scientists, the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  For soil scientists:

 

a.  An associate’s degree or higher in the biological, physical, or earth sciences or in a field deemed equivalent by the licensing jurisdiction;

 

b.  At least 3 years of full-time experience in the practice of soil science; and

 

c.  Subject to (b), below, pass a state-approved examination for soil scientists that includes a written component and a field component; and

 

(2)  For wetland scientists:

 

a.  An associate’s degree or higher in botany, soil science, hydrology, wetland science, biology, forestry, wildlife, ecology, water resources, plant science, agronomy, geology, earth science, or a field  deemed equivalent by the licensing jurisdiction;

 

b.  At least one year of full-time experience in the practice of wetland science; and

 

c.  Subject to (b), below, pass a state-approved examination for wetland scientists that includes a written component and a field component.

 

          (b)  If the licensing jurisdiction examination does not include both a written component and a field component, the applicant also shall pass the New Hampshire exam for the component that is not required by the licensing jurisdiction.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.40  Substantially Similar Requirements for the Profession Regulated by the Naturopathic Board of Examiners.  For purposes of obtaining a license by endorsement as a doctor of naturopathic medicine, as regulated by the naturopathic board of examiners, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Graduate from a naturopathic medical college accredited by the Council on Naturopathic Medical Education or other national accrediting body for naturopathic education; and

 

          (b)  Pass the Naturopathic Physicians Licensing examination (NPLEX) administered by the North American Board of Naturopathic Examiners.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.41  Substantially Similar Requirements for the Professions Regulated by the Board of Nursing.  For purposes of obtaining a license by endorsement for a profession regulated by the board of nursing, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a licensed nursing assistant (LNA):

 

(1)  Complete a state-approved nursing aide program; and

 

(2)  Pass a state-approved examination for nursing assistants;

 

          (b)  For a licensed practical nurse (LPN):

 

(1)  Complete a state-approved practical nursing program or program deemed equivalent by the licensing jurisdiction; and

 

(2)  Pass the NCLEX-PN examination or another examination deemed equivalent by the licensing jurisdiction;

 

          (c)  For a certificate of medication administration for a licensed nursing assistant (MNA):

 

(1)  Licensure, certification, or registration as a nursing assistant;

 

(2)  Complete a state-approved education program for medication administration; and

 

(3)  Pass a state-approved examination for medication administration;

 

          (d)  For a registered nurse (RN):

 

(1)  Complete a state-approved registered nursing program or program deemed equivalent by the licensing jurisdiction; and

 

(2)  Pass the NCLEX-RN examination or another examination deemed equivalent by the licensing jurisdiction; and

 

          (e)  For an advanced practice registered nurse (APRN):

 

(1)  Licensure as a registered nurse;

 

(2)  A master’s degree from an APRN education program accredited by a national accrediting body; and

 

(3)  Current certification from any of the following certifying bodies:

 

a.  American Academy of Nurse Practitioners Certification Board (AANPCB);

 

b.  American Association of Critical-Care Nurses (AACN);

 

c.  American Midwifery Certification Board (AMCB);

 

d.  American Nurses Credentialing Center (ANCC);

 

e.  National Board of Certification & Recertification for Nurse Anesthetists (NBCCRNA);

 

f.  National Certification Corporation (NCC); or

 

g.  Pediatric Nursing Certification Board (PNCB).

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.43) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.42  Substantially Similar Requirements for the Professions Regulated by the Board of Examiners of Nursing Home Administrators.  For purposes of obtaining a license by endorsement as a nursing home administrator, as regulated by the board of examiners of nursing home administrators, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  A bachelor’s degree from accredited school in a field specified by the licensing jurisdiction;

 

          (b)  Completion of internship or other supervised experience as an administrator in training; and

 

          (c)  Pass the Nursing Home Administration (NHA) examination of the National Association of Long-Term Care Administrator Boards.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.43  Substantially Similar Requirements for the Professions Regulated by the Governing Board of Occupational Therapists.  For purposes of obtaining a license by endorsement in a profession regulated by the governing board of occupational therapists, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For an occupational therapist license:

 

(1)  Pass the examination of the National Board for Certification in Occupational Therapy (NBCOT) or other national certifying body for occupational therapists; and

 

(2)  Complete supervised fieldwork; and

 

          (b)  For an occupational therapy assistant license:

 

(1)  Pass the examination of the NBCOT or other national certifying body for occupational therapy assistants; and

 

(2)  Complete supervised fieldwork.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.44  Substantially Similar Requirements for Ophthalmic Dispensing Professionals.  For purposes of obtaining a license by endorsement in for ophthalmic dispensing, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Complete the state-approved education or training program;

 

          (b)  Complete a course or series of courses leading to a certificate or degree in ophthalmic dispensing or other field that includes instruction in the knowledge and skills necessary for ophthalmic dispensing; or

 

          (c)  Pass the National Opticianry Competency Examination (NOCE) related to spectacles or the Contact Lens Registry Examination (CLRE) related to contact lens dispensing offered by the American Board of Opticianry and National Contact Lens Examiners (ABO-NCLE).

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.45  Substantially Similar Requirements for the Profession Regulated by the Board of Registration in Optometry.

 

          (a)  For purposes of obtaining a license by endorsement to practice optometry as regulated by the board of registration in optometry, the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  Graduate from a school or college of optometry that is accredited by the Accreditation Council on Optometric Education (ACOE) or its successor; and

 

(2)  Pass parts I, II, and III of the National Board of Examiners in Optometry examination or its successor agency.

 

          (b)  Individuals applying to be registered to practice optometry also shall:

 

(1)  Submit proof of adult, child, and infant CPR certification; and

 

(2)  Pass a New Hampshire jurisprudence exam.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 313.46  Substantially Similar Requirements for the Professions Regulated by the N. H. Pharmacy Board.  For purposes of obtaining a license by endorsement for a profession regulated by the N.H. pharmacy board, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a pharmacist:

 

(1)  Either:

 

a.  A professional pharmacy baccalaureate degree or pharmacy doctor degree from a school of pharmacy, college of pharmacy, or pharmacy department of a university approved by the licensing jurisdiction, including programs accredited by the American Council on Pharmacy Education or the Canadian Council for Accreditation of Pharmacy Programs; or

 

b.  For foreign graduates, completion of a foreign college of pharmacy program and full certification from the Foreign Pharmacy Graduate Examination Committee (FPGEC);

 

(2)  Pass the National Association of Boards of Pharmacy Licensure Examination (NAPLEX); and

 

(3)  Complete a state-approved internship; and

 

          (b)  For a certified pharmacy technician, hold certification from a nationally-recognized certifying organization, such as the Pharmacy Technician Certification Board (PTCB) or the National Healthcare Association (NHA).

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.48) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.47  Substantially Similar Requirements for the Professions Regulated by the Governing Board of Physical Therapists.

 

          (a)  For purposes of obtaining a license by endorsement in a profession regulated by the governing board of physical therapists, the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  For a physical therapist license, the following:

 

a.  Graduate from an accredited professional physical therapy program; and

 

b.  Pass the National Physical Therapy Examination for Physical Therapists administered by the Federation of State Boards of Physical Therapy (FSBPT); and

 

(2)  For a physical therapist assistant license, the following:

 

a.  Graduate from an accredited physical therapy assistant education program; and

 

b.  Pass the FSBPT’s National Physical Therapy Examination for Physical Therapist Assistants.

 

          (b)  Individuals applying for licensure as a physical therapist or physical therapist assistant also shall pass a New Hampshire jurisprudence exam.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.48  Substantially Similar Requirements for the Profession Regulated by the Board of Podiatry.  For purposes of obtaining a license by endorsement to practice podiatry as regulated by the board of podiatry, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Graduate from an accredited college of podiatry or podiatric medicine; and

 

          (b)  Pass parts I, II, and III of the National Board of Podiatric Medical Examiners examination.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.49  Substantially Similar Requirements for the Profession Regulated by the Board of Professional Engineers.

 

          (a)  For purposes of obtaining a license by endorsement to practice as a professional engineer, as regulated by the board of professional engineers, the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  Hold either:

 

a.  A 4-year degree from an EAC/ABET-accredited program; or

 

b.  A degree from a program that is not EAC/ABET accredited together with an NCEES evaluation of the program;

 

(2)  Have not less than 4 years of progressive engineering experience under the supervision of a licensed professional engineer; and

 

(3)  Pass the following examinations from the NCEES:

 

a.  Fundamentals of Engineering; and

 

b.  Principles and Practice.

 

            (b)  Individuals applying for licensure as a professional engineer also shall pass a New Hampshire jurisprudence exam.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

 

          Plc 313.50  Substantially Similar Requirements for the Profession Regulated by the Board of Professional Geologists.  For purposes of obtaining a license by endorsement in a profession regulated by the board of professional geologists, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  A bachelor’s degree in geology or a field deemed equivalent by the licensing jurisdiction;

 

          (b)  Pass the Practice of Geology Examination administered by the National Association of State Boards of Geology, or examination deemed equivalent by the licensing jurisdiction; and

 

          (c)  Period of experience specified by the licensing jurisdiction, which may vary in length based on the educational level.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.51  Substantially Similar Requirements for the Profession Regulated by the Board of Psychologists.  For purposes of obtaining a license by endorsement for a profession regulated by the board of psychologists, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a psychologist:

 

(1)  A doctoral degree in psychology from a regionally-accredited educational institution or a program otherwise deemed equivalent by the licensing jurisdiction;

 

(2)  Pass a state-approved examination; and

 

(3)  Complete a minimum of 2,500 hours or 2 full-time years of supervised experience.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.53) (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.52  Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Advisory Board of Recreational Therapists.  For purposes of obtaining a license by endorsement to practice recreational therapy, as regulated by the executive director with the advisory board of recreational therapists, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Certification by the National Council for Therapeutic Recreation Certification (NCTRC).

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.53  Substantially Similar Requirements for the Professions Regulated by the Executive Director with the Advisory Board of Reflexologists, Structural Integrators, and Asian Bodywork Therapists.  For purposes of obtaining a license by endorsement in a profession regulated by the executive director with the advisory board of reflexologists, structural integrators, and Asian bodywork therapists, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a reflexologist, certification from the American Reflexology Certification Board (ARCB) or certification deemed equivalent by the licensing jurisdiction;

 

          (b)  For a structural integrator:

 

(1)  Certification from a program recognized by the International Association of Structural Integration (IASI); or

 

(2)  Membership in the IASI at a level that requires a diploma or certificate from an IASI-recognized teaching institution; and

 

          (c)  For an Asian bodywork therapist, certification in Asian bodywork therapy from:

 

(1)  The National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM); or

 

(2)  The American Organization for Bodywork Therapies of Asia (AOBTA).

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.54  Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Advisory Board of Respiratory Care Practitioners.  For purposes of obtaining a license by endorsement to practice respiratory care or respiratory therapy, as regulated by the executive director with the advisory board of respiratory care practitioners, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Graduate from a respiratory care educational program accredited by:

 

(1)  The American Medical Association's Committee on Allied Health Education and Accreditation in collaboration with the Joint Review Committee for Respiratory Therapy Education;

 

(2)  The Committee on Accreditation for Respiratory Care;

 

(3)  The Commission on Accreditation of Allied Health Education Programs; or

 

(4)  A successor organization to any of the organizations listed in (1)-(3), above; and

 

          (b)  Pass the certified respiratory therapist (CRT) or registered respiratory therapist (RRT) examination administered by National Board for Respiratory Care or successor organization.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.55  Substantially Similar Requirements for the Profession Regulated by the Board of Septic System Evaluators.  For purposes of obtaining a license by endorsement as a septic system evaluator, as regulated by the board of septic system evaluators, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  Complete a state-approved training or education for the evaluation of septic systems; and

 

          (b)  Pass a state-approved examination for septic system evaluators.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.56  Substantially Similar Requirements for the Professions Regulated by the Governing Board of Speech-Language Pathologists and Hearing Care Providers.  For purposes of obtaining a license by endorsement in a profession regulated by the governing board of speech-language pathologists and hearing care providers, the current requirements of the licensing jurisdiction shall be as follows:

 

          (a)  For a speech-language pathologist:

 

(1)  A master’s degree in speech-language pathology, communications sciences and disorders, or communications disorders, or field deemed equivalent by the licensing jurisdiction, that includes a supervised academic clinical practicum;

 

(2)  Complete supervised postgraduate professional experience; and

 

(3)  Pass the Praxis Examination in Speech-Language Pathology administered by the American Speech-Language-Hearing Association or another examination for speech-language pathology deemed equivalent by the licensing jurisdiction;

 

          (b)  For an audiologist:

 

(1)  A doctoral degree with an emphasis in audiology from a national or regionally accredited college or university;

 

(2)  Complete clinical rotations in audiology from a national or regionally accredited college or university; and

 

(3)  Pass the Praxis Examination in Audiology  administered by the American Speech-Language-Hearing Association or another examination for audiologists deemed equivalent by the licensing jurisdiction.

 

          (c)  For a speech-language assistant, an associate’s degree in speech-language pathology, communications sciences and disorders, communications disorders, or a field deemed equivalent by the licensing jurisdiction; and

 

          (d)  For a hearing aid dealer:

 

(1)  Complete a state-approved training program; and

 

(2)  Pass a state-approved written and practical examination.

 

Source.  #13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

 

          Plc 313.57  Substantially Similar Requirements for the Profession Regulated by the Board of Veterinary Medicine.

 

          (a)  For purposes of obtaining a veterinarian license by endorsement, as regulated by the board of veterinary medicine, the current requirements of the licensing jurisdiction shall be as follows:

 

(1)  Either:

 

a.  Graduate from one of the following:

 

1.  A school of veterinary medicine accredited by the American Veterinary Medicine Association (AVMA); or

 

2.  A veterinary medicine school deemed equivalent by the licensing jurisdiction; or

 

b.  Hold one of the following:

 

1.  A certificate from the Educational Commission for Foreign Veterinary Graduates (ECFVG);

 

2.  A Program for the Assessment of Veterinary Education Equivalence (PAVE®) certificate; or

 

3.  A certificate from the Canadian Veterinary Medical Association; and

 

(2)  Pass the North American Veterinary Licensing Examination (NAVLE), administered by the International Council for Veterinary Assessment (ICVA) or other examination deemed equivalent by the licensing jurisdiction.

 

          (b)   Individuals applying for licensure as a veterinarian also shall pass the New Hampshire jurisprudence exam required by Vet 303.01.

 

Source.  #13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24

 

New.  #13954, eff 5-3-24 (formerly Plc 313.60) (see Revision Note #1 at part heading for Plc 313)

 

 


 

Appendix A:  State Statutes Implemented

 

Rule(s)

State Statute(s) Implemented

Plc 301.01, Plc 301.03

RSA 310

Plc 301.06

RSA 310:4; RSA 310:8; RSA 541-A:16, I(b)

Plc 302

RSA 310:2

Plc 303.03, Plc 303.04

RSA 310:4, II(c)

Plc 304.01, Plc 304.03, Plc 304.08, Plc 304.09, Plc 304.10, Plc 304.12, Plc 304.14

RSA 310:4, II(c)

Plc 305.01, Plc 305.02, Plc 305.05, Plc 305.07

RSA 310:6, V; RSA 332-G:14

Plc 306.01-Plc 306.03, Plc 306.05, Plc 306.07

RSA 310:16

Plc 307

RSA 310:6, II; RSA 310:8

Plc 308.01, Plc 308.03, Plc 308.05, Plc 308.06, Plc 308.08, Plc 308.11, Plc 308.12, Plc 308.15

RSA 310:8; RSA 310:5, I

 

 

Plc 309

RSA 151-A:4, I(a); RSA 205-D:20, VIII; RSA 309-B:4, VI(d); RSA 310-A:6, I(f); RSA 310-A:32, I(f); RSA 310-A:58, VI; RSA 310-A:82, VI; RSA 310-A:102, VI; RSA 310-A:121, I(e); RSA 310-A:126; RSA 310-A:143, I(f); RSA 310-A:164, IV; RSA 310-A:185  &  187, I(c); RSA 310-A:205  &  207, I(d); RSA 310-B:18-a; RSA 310-C:17, I(e); RSA 313-A:8, VI; RSA 314:8, VII; RSA 315:4, III; RSA 317-A:12, VI; RSA 318:5-a, VI; RSA 319-C:6-a, V; RSA 325:9, VI; RSA 326-B:9, VIII; RSA 326-F:11, II(b); RSA 326-E:2, VI; RSA 326-H:9, IV; RSA 327:31, IV; RSA 327-A:12, IV; RSA 328-C:4-a, V; RSA 328-E:10, (a), (f); RSA 328-G:7, V; RSA 328-J:7, IV; RSA 329:9, V; RSA 329-B:10, VII; RSA 330-A:10, IV-VII; RSA 330-C:9, VII; RSA 332-B:7-a, VI; RSA490-C:4, I(e)

Plc 310.01, Plc 310.02, Plc 310.03, Plc 310.04, Plc 310.05, Plc 310.06

RSA 310:4, II(d), RSA 310:9

Plc 311.01, Plc 311.02-311.04, Plc 311.05 & Plc 311.06 , Plc 311.07, Plc 311.08, Plc 311.09, Plc 311.10-Plc 311.12, Plc 311.13, Plc 311.14-Plc 311.16

RSA 310:10, RSA 310:12

Plc 312

RSA 310:8, III

Plc 312.04

RSA 310:8

Plc 313.01

RSA 310:17

Plc 313.02 – Plc 313.12

RSA 310:17

Plc 313.13

RSA 310:17; RSA 309-B:4, VI(c); RSA 309-B:5

Plc 313.14

RSA 310:17; RSA 328-G:7, I; RSA 328-G:9, II

Plc 313.15

RSA 310:17; RSA 330-C:9, I; RSA 330-C:16; RSA 330-C:19

Plc 313.16

RSA 310:17; RSA 310-A:32, I(b); RSA 310-A:38

Plc 313.17

RSA 310:17; RSA 326-G:4; RSA 328-F:11, I(a)

Plc 313.18

RSA 310:17; RSA 313-A:8, II; RSA 313-A:10-13

Plc 313.19

RSA 310:17; RSA 314-A:2, III

Plc 313.20

RSA 310:17; RSA 316-A:3, I-VII; RSA 316-A:11, II; RSA 316-A:12; RSA 316-A:17

Plc 313.21

RSA 310:17; RSA 310-A:164, I; RSA 310-A:169-170

Plc 313.22

RSA 310:17; RSA 317-A:8, I; RSA 317-A:12, III

Plc 313.23

RSA 310:17; RSA 326-H:10,  I, IV; RSA 326-H:12

Plc 313.24

RSA 310:17; RSA 319-C:6-a, I; RSA 319-C:7

Plc 313.25

RSA 310:17; RSA 314:3, III; RSA 314:8, II

Plc 313.26

RSA 310:17; RSA 310-A:102, II & RSA 310-A:104

Plc 313.27

RSA 310:17; RSA 325:9, II; RSA 325:13; RSA 325:14

Plc 313.28

RSA 310:17; RSA 326-K:3 ; RSA 328-F:11, I(a)

Plc 313.29

RSA 310:17; RSA 310-A:187, I(a); RSA 310-A:190

Plc 313.30

RSA 310:17; RSA 205-D:8; RSA 205-D:20, IV

Plc 313.31

RSA 310:17; RSA 310-A:58, II; RSA 310-A:63

Plc 313.32

RSA 310:17; RSA 310-A:143, I(b); RSA 310-A:146

Plc 313.33

RSA 310:17; RSA 328-B:4, VII(c)

Plc 313.34

RSA 310:17; RSA 153:28, I(a)

Plc 313.35

RSA 310:17; RSA 328-J:7, I; RSA 328-J:8; RSA 328-J:11

Plc 313.36

RSA 310:17; RSA 329:9, II; RSA 329:12; RSA 328-D:3

Plc 313.37

RSA 310:17; RSA 330-A:10, II; RSA 330-A:18; RSA 330-A:19; RSA 330-A:21

Plc 313.38

RSA 310:17; RSA 326-D:5, I(a) & (d), RSA 326-D:7

Plc 313.39

RSA 310:17; RSA 310-A:82, II; RSA 310-A:84 

Plc 313.40

RSA 310:17; RSA 328-E:9, I

Plc 313.41

RSA 310:17; RSA 326-B:9, I; RSA 326-B:16

Plc 313.42

RSA 310:17; RSA 151-A:4-a, V; RSA 151-A:5; RSA 151-A:7, I

Plc 313.43

RSA 310:17; RSA 326-C:5, I-II; RSA 328-F:11, I(a)

Plc 313.44

RSA 310:17; RSA 327-A:6; RSA 327-A:12, I

Plc 313.45

RSA 310:17; RSA 327:6; RSA 327:31, I

Plc 313.46

RSA 310:17; RSA 318:5-a, II; RSA 318:18

Plc 313.47

RSA 310:17; RSA 328-A:5, I; RSA 328-F:11, I(a)

Plc 313.48

RSA 310:17; RSA 315:2, I; RSA 315:4, I; RSA 315:7

Plc 313.49

RSA 310:17; RSA 310-A:6, I(b); RSA 310-A:12-13

Plc 313.50

RSA 310:17; RSA 310-A:121, I(b); RSA 310-A:125

Plc 313.51

RSA 310:17; RSA 329-B:10, III; RSA 329-B:15; RSA 329-B:15-a

Plc 313.52

RSA 310:17; RSA 326-J:5

Plc 313.53

RSA 310:17; RSA 328-H:5, VIII(c); RSA 328-H:8

Plc 313.54

RSA 310:17; RSA 326-E:3

Plc 313.55

RSA 310:17; RSA 310-A:207, I(a); RSA 310-A:210

Plc 313.56

RSA 310:17; RSA 326-F:3; RSA 328-F:11, I(a)

Plc 313.57

RSA 310:17; RSA 332-B:7-a, II; RSA 332-B:9

 

Appendix B:  Other Statutory Provisions

310-A:1-p Military Service Members and Spousal Temporary Licensure. –  The office of professional licensure and certification shall issue temporary licenses to a member of the armed forces or their spouse, if the applicant holds a current, valid unencumbered occupational or professional license in good standing issued by a state or territory of the United States, in accordance with rules adopted by executive director of the office of professional licensure and certification under RSA 541-A, provided that the applicant meets the requirements of this section, within 30 days of having received an application or, if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check. The rules shall contain the following provisions:

I. The applicant shall obtain a temporary license for a period of not less than 180 days while completing any requirements for licensure in New Hampshire so long as no cause for denial of a license exists under this title, or under any other law.

II. The license applicant must submit a notarized affidavit affirming, under penalty of law, that the applicant is the person described and identified in the application, that all statements made on the application are true and correct and complete, that the applicant has read and understands the requirements for licensure and certifies that they meet those requirements, and that the applicant is in good standing in all jurisdictions in which the applicant holds or has held a license.

III. The applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements. The applicant must make this request within 15 days prior to the temporary license's expiration date.

IV. All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.

Source. 2022, 310:8, eff. Aug. 30, 2022.

 

310:12 Sanctions. –

  I. In addition to any grounds provided by any board’s practice act, misconduct sufficient to support disciplinary proceedings brought by a board shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.

(b) Conviction of any crime, provided that no board shall take disciplinary action against a licensee because of a conviction of a crime in and of itself.  A board may only discipline a licensee because of a conviction after:

(1)  Considering the nature of the crime, and any information provided as to the current circumstances of the convicted person, including but not limited to their rehabilitation, completion of the criminal sentence, amount of time that has passed since the conviction or release, testimonials, employment history, and employment aspirations; and

(2)  Determining, by clear and convincing evidence, that:

(A)  The conviction has a substantial and direct relationship to the occupation, trade, vocation, profession, or business for which the person has applied for or obtained state recognition; and

(B)  Disciplining the licensee based upon that conviction serves the purpose of protecting public safety.

(c) Unfitness or incompetency to practice the profession or any particular aspect or specialty thereof as evidenced by negligent or willful acts performed in a manner inconsistent with the health, safety, or wellbeing of any person.

(d) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.

(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the person unfit to practice their profession.

(f) Mental or physical incompetency to practice the profession.

(g) Willful or repeated violation of the provisions of the applicable practice act, any related statutory obligations, or any administrative rule adopted thereunder.