CHAPTER
Plc 500 PROFESSIONALS’ HEALTH PROGRAM
Statutory
Authority: RSA 310:6, IV
PART
Plc 501 PURPOSE AND APPLICABILITY
Plc 501.01 Purpose.
(a) The purpose of this chapter is to implement a
professionals’ health program (PHP) in accordance with RSA 310:5, III.
(b) The purpose of the PHP is to:
(1) Protect the public while providing assistance
and monitoring to licensees so as to facilitate a return to productive service
of highly trained professionals eligible to work in New Hampshire;
(2)
Encourage licensee self-reporting, early intervention, and entry into
treatment and monitoring; and
(3)
Provide assessment, referral for treatment, and monitoring of licensees having
impairing or potentially impairing conditions that could interfere with the
licensee’s ability to practice with reasonable skill and safety, such as substance
or alcohol use disorders, mental health conditions, behavioral health issues
including disruptive behavior, or physical illness.
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Plc 501.02 Applicability. This chapter shall apply to:
(a)
Any individual who is required by an
applicable board to receive intervention or monitoring as a condition of
receiving, renewing, or retaining a license, certification, registration, or
other form of approval required by law to engage in a profession that is
regulated by the applicable board;
(b) Any individual who recognizes the need to
self-refer and seeks assistance from an approved provider without the knowledge
of the applicable board; and
(c) Any entity that is or that seeks to become an
approved provider.
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PART Plc 502 DEFINITIONS
Plc
502.01 “Applicable board” means “applicable
board” as defined in Plc 302.01, reprinted in Appendix B.
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Plc
502.02 “Approved provider” means an
organization that has been approved by the executive director pursuant to Plc
503 to provide case-management services, coordinate continuing care, and
document appropriate illness management for treatment and monitoring plans for
licensees who have or who potentially have an impairment.
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Plc
502.03 “Evaluative report” means a
report that evaluates and reports on an approved provider’s services, that
includes:
(a) Information on the number of participants who
received services during the reporting period, the boards represented by the
participants, and how many participants are known to the board and how many are
not known to the board;
(b) Information on participant outcomes, such as
the number or percentage, or both, of participants who completed a monitoring
agreement, returned to work, relapsed, or otherwise did not comply with the
participant’s program agreement;
(c) Updates on continuing education provided; and
(d) Any quality improvement measures implemented
in the reporting period.
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Plc
502.04 “Executive director” means the
executive director of the OPLC or designee.
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Plc 502.05
“Impairment” means a condition that could cause a licensee to be unable
to practice the licensee’s profession in compliance with applicable
professional standards and without an increased risk of harm to clients,
colleagues, themselves, or the public.
The term includes but is not limited to physical or mental illness
including addiction to alcohol or other drugs, or diminished capacity from any
cause.
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Plc
502.06 “Known to the board (KTB)” as
applied to a path or participant means the applicable board has ordered or
agreed to a licensee’s participation in a program agreement as an alternative
to discipline or a condition of discipline.
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Plc
502.07 “License” means “license” as
defined in RSA 541-A:1, VIII, namely “the whole or part of any agency permit,
certificate, approval, registration, charter or similar form of permission
required by law.”
For purposes of this chapter, the term includes any similar form of
approval to practice a regulated profession in any jurisdiction.
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Plc
502.08 “Licensed health care provider”,
for purposes of the definition of “program director”, means a New Hampshire licensee
in a profession regulated by any of the following boards:
(a)
Board of licensing for alcohol and other
drug use professionals;
(b)
Board of medicine;
(c)
Board of nursing;
(d)
Board of mental health practice; or
(e)
Board of psychology.
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Plc
502.09 “Licensee” means an individual
who holds, or who has applied for, an initial, renewal, or reinstatement
license required by law to engage in a regulated profession.
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Plc
502.10 “Not known to the board (NKTB)” as
applied to a path or participant means an individual can seek guidance on, or
assistance with finding, treatment for an impairment or potential impairment
from an approved provider without the knowledge of the applicable board or any
other regulatory authority. The term includes full participation in a
program agreement without the knowledge of the applicable board.
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Plc
502.11 “Participant” means an individual
who has agreed to a program agreement, whether the participation is known to
the board or not known to the board.
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Plc
502.12 “Person” means an individual or a
legal entity, including but not limited to a for-profit or non-profit public or
private corporation, limited liability corporation, general or limited
partnership, professional corporation, and professional association. The term includes the duly-authorized
representative of a legal entity.
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Plc
502.13 “Personal identifiable
information (PII)” means any representation of information that permits the
identity of an individual to whom the information applies to be reasonably
inferred by either direct or indirect means.
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Plc
502.14 “Program agreement” means a
document that contains all terms and conditions the participant agrees to
relative to expectations, notifications, and cooperation, as well as the
recommended treatment/monitoring (T/M) plan if required under Plc 503.07, and the
consequences for non-compliance with the terms of the program agreement, that
is prepared by an approved provider in accordance with Plc 503.06 and, if
applicable, Plc 503.07.
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Plc
502.15 “Protected health information
(PHI)” means any information in a medical record or designated record set that
can be used to identify an individual and that was created, used, or disclosed
in the course of obtaining or providing a health care service such as diagnosis
or treatment.
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Plc
502.16 “Program director” means a
licensed health care provider as defined in Plc 502.08 who:
(a) Is qualified by reason of education, skill,
and experience; and
(b) Has been designated by an approved provider
to administer one or more program agreements.
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Plc 502.17 “Regulated profession” means “regulated
profession” as defined in Plc 302.25, reprinted in Appendix B.
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Plc
502.18 “Treatment/monitoring plan (T/M
plan)” means a specific course of action tailored to the specific needs and
circumstances of a participant who has been identified as having a treatable or
modifiable condition, which may include education, intervention, ongoing care
or treatment, or post-treatment monitoring, or any combination thereof. A T/M plan is a component of a program
agreement for participants having a treatable or modifiable condition.
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Plc 502.19 “Working day” means any Monday through Friday,
excluding days on which state offices are closed in observance of holidays.
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Plc
502.20 “Workplace monitor” means a supervising
professional identified in a program agreement who is charged with providing
oversight of a licensee’s work performance and behavior in the workplace and
who submits reports as provided in the program agreement.
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PART Plc 503 APPROVAL OF PROVIDERS; APPLICABLE STANDARDS
Plc
503.01 Providers Already Approved. The following organization shall be deemed to
be an approved provider under this chapter:
(a) The New Hampshire Professionals’ Health
Program, http://www.nhphp.org/, a New Hampshire-incorporated
non-profit corporation.
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Plc 503.02 Requests to Approve Other Providers.
(a)
Any person who believes that an entity that is not listed in Plc 503.01
as an approved provider meets the standards in Plc 503.04 may request the
executive director to approve the entity as an approved provider.
(b)
The person requesting approval shall provide the following information
to the executive director in writing:
(1) The requestor’s name, mailing address, daytime
telephone number, and email address;
(2) The requestor’s relationship with the entity,
such as a member of the entity’s board of directors or an individual who is
otherwise affiliated with the entity;
(3) The full formal name of the entity as shown
on the documents that created the entity, and each name under which the entity
does business;
(4) The entity’s mailing address and the address
of the entity’s physical location in New Hampshire;
(5) The legal form of the entity, such as a
corporation or partnership, the jurisdiction in which the entity was formed,
and the month and year of the entity’s formation;
(6) For any entity formed in a jurisdiction other
than New Hampshire, the date on which the entity became authorized to do
business in New Hampshire;
(7) The URL of the entity’s website;
(8) Whether the entity is a parent or subsidiary
of, or is otherwise legally affiliated with, any organization that provides
treatment or rehabilitation services, and if so the full legal name of each such
organization and the specific relationship to the entity seeking approval;
(9) Whether the entity wants to be an approved
provider for all regulated professions or only certain regulated professions,
and if the latter, the profession(s) for which the entity wants to be an
approved provider;
(10) An explanation of the entity’s qualifications
and resources which clearly demonstrates that the entity meets the standards
specified in Plc 503.04; and
(11) Any other information the requestor believes
is relevant to the request.
(c)
The person submitting the request shall sign and date the request.
(d)
The signature provided pursuant to (c), above, shall constitute
certification that:
(1)
The information provided is true,
complete, and not misleading to the best knowledge and belief of the signer;
and
(2) The signer has been duly authorized by the
entity to submit the request.
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Plc 503.03 Approval of Other Providers.
(a)
The executive director shall:
(1)
Review the information submitted and
verify the information to the extent possible;
(2) If the entity has identified one or more specific
professions for which it wishes to be an approved provider, consult with the
applicable board(s) for the identified profession(s); and
(3) If the entity has not identified one or more specific
professions for which it wishes to be an approved provider, provide an
opportunity for all boards to review and comment on the proposal.
(b)
If any of the boards covered by (a), above, requests to meet with
representatives of the entity, the executive director shall arrange for one or
more meetings to take place to allow interested boards to meet with
representatives of the entity.
(c)
The executive director shall approve an entity as an approved provider
if the information provided pursuant to Plc 503.02, as verified by the
executive director and after the consultation(s) required by (a)(2) or (3),
above, demonstrates that the entity meets the standards in Plc 503.04.
(d)
The approval shall apply to the professions as
specified in the approval request, subject to one or more exclusions if a board
has concerns about the entity providing services to licensees in its profession
that are based on objective evidence, such as reports from jurisdictions where
the entity offers or has offered similar services,
which shows that the approved provider should not provide services for a
particular profession in New Hampshire.
(e)
Upon approving an entity as an approved provider, the executive director
shall:
(1) Provide a notice on the OPLC website in a
location likely to be found by individuals who might be interested in the
services offered by the organization that the entity has been approved as an
approved provider; and
(2) Initiate a rulemaking under RSA 541-A to list
the entity in Plc 503.01.
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Plc
503.04 Standards for Approved
Providers. To qualify as an approved
provider, an entity shall:
(a) Be a legally-constituted corporation,
non-profit corporation, professional corporation, professional association,
partnership, or other legal entity;
(b) Be in good standing and authorized to do
business in New Hampshire and in the jurisdiction of its formation, if other
than New Hampshire;
(c) Have a physical presence in New Hampshire
that is:
(1)
More than merely incidental to the entity’s primary place of business in
another jurisdiction; and
(2)
Staffed with individuals who, if practicing in a regulated profession, are
licensed to practice in New Hampshire;
(d) Not have any material financial interest in,
or derive any material financial benefit from, any organization that provides treatment
or rehabilitation services directly;
(e) Meet the program-related standards in Plc 503.05;
(f) Meet the program agreement standards in Plc
503.06;
(g) Meet the T/M plan requirements in Plc 503.07;
and
(h) Meet the personnel-related criteria in Plc 503.08.
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Plc
503.05 Program-Related Standards for
Approved Providers. To qualify as an
approved provider, an entity shall:
(a) Maintain records that provide the information
needed to compile an evaluative report and, if approved, provide quarterly evaluative
reports to the executive director for review and distribution to the applicable
board(s);
(b) Ensure there are staff at its New Hampshire
location who have a working knowledge of insurance and self-pay treatment
options locally, regionally, and nationally, for the types of treatment likely
to be required in its program agreements;
(c) Have in place a policy and practice for
periodic systematic evaluation of the services it offers that requires review
of, and modifications to as necessary:
(1)
Its program agreements as a whole;
(2)
Individual components of program agreements, including but not limited
to the treatment programs to which participants are referred;
(3)
The non-therapeutic goals and objectives of facilitated meetings and the
extent to which they are being met;
(4)
Participation in and attendee reviews of any continuing education
courses offered;
(5)
What services are being requested by licensees; and
(6)
Any other services or resources made available to participants and
potential participants.
(d) Have a conflict of interest policy for officers,
directors, committee members, executive staff, and volunteers acting on behalf
of the provider to ensure that those in positions of responsibility or
influence have no personal or outside financial, business, or professional
interests or responsibilities that conflict with their duties to the provider that
could create a bias or predisposition on an issue that may compromise the
interests of the provider or unduly influence the treatment or monitoring of a
participant;
(e) Require, to the maximum extent possible, that
participants:
(1)
Make full disclosure of all relevant facts to the program director; and
(2)
Provide the program director with continuing, unrestricted access to any
of the participant’s medical or other records that are relevant to the
condition or conduct being addressed by the program agreement, exclusive of
records pertaining to the participant’s clients or patients that contain PHI;
(f) Require a written program agreement for each participant
that meets the requirements of Plc 503.06; and
(g) Not include in any advertising, informational
website or brochure, or program agreement any language or representations to
any person that explicitly or implicitly indicates that:
(1)
The program director is an agent of the applicable board or is
performing functions of the applicable board;
(2)
Participation in the approved program will protect the participant against
disciplinary action being taken by the applicable board; or
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Plc
503.06 Standards for Program
Agreements. To qualify as an
approved provider, an entity shall meet the following standards relative to its
program agreements:
(a) A program agreement shall be developed for
each participant based on the participant’s specific conditions and circumstances
that contains specific and objectively-determinable requirements to be met by
the participant that are designed to ensure safe practice and public safety;
(b) Each program agreement and any amendments or
modifications thereto shall be in writing and signed by the participant and the
program director; and
(c) Each program agreement shall:
(1)
Require the program director to keep detailed records of the
participant’s involvement in all aspects of the program agreement;
(2) For KTB participants,
require the program director to inform the applicable board within 2 working
days of receiving verification of a participant’s non-compliance with any of
the requirements contained in the participant’s program agreement;
(4) Authorize and require the program director to maintain
the confidentiality of records concerning the participant’s involvement in the
program agreement except to the extent the records are released by the
participant, provided that in cases where the participant’s noncompliance with
one or more terms of the program agreement has been reported to the applicable
board, only the confirmation of noncompliance documentation
shall be released to the applicable board if requested by the applicable board;
(5)
Require the program director to:
a.
Except for NKTB participants, provide information regarding the
participant’s compliance with the program agreement to the applicable board if
requested for purposes of a pending or potential disciplinary proceeding; and
b.
Except as relating to NKTB participants, cooperate with the applicable
board in any disciplinary action undertaken by the applicable board that
relates to the condition or conduct addressed by the participant’s program
agreement; and
(6)
If the program agreement for a specific participant addresses a
treatable or modifiable condition of the participant, include a detailed T/M plan
that contains the elements listed in Plc 503.07.
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Plc
503.07 Necessary Elements for Certain
Program Agreements. As required by
Plc 503.06(c)(6), a program agreement for a participant with a treatable or
modifiable condition shall contain a T/M plan that includes the following:
(a) Identification of the assessment made and the
condition diagnosed;
(b) A clear statement of the treatment required,
including the frequency of treatment and the licensing requirements for each
treatment provider;
(c) A clear statement of the details of any practice
limitations that the participant has agreed to observe, independent of any
license restrictions imposed by the applicable board, as well as:
(1) The circumstances under which the limitations will
be removed; and
(2)
The circumstances, such as a relapse, that will extend the limitations
and the program agreement;
(d) For KTB participants, a requirement for the
program director to report relapse or other noncompliance with the program
agreement to the applicable board;
(e) Details of any required physical monitoring,
such as testing for drugs or alcohol, included in the plan, the participant’s
obligations thereunder, and the consequences of refusing to engage in testing
or of positive test results;
(f) A clear statement of any continuing education
requirements and, if applicable, the specific topics to be covered;
(g) A requirement for the participant to abstain
from psychoactive substances that are not prescribed by the participant’s
health care provider and pre‑approved by the program director;
(h) A requirement
for the participant to participate in a monthly facilitated meeting with the
approved program and other participants with emphasis on work stress mitigation
and recovery topics;
(i) A requirement for the participant to submit a
monthly self-assessment report;
(j) Identification
of a community-based support group requirement based on diagnosis;
(k)
Language that:
(1)
Specifically describes any applicable employment requirements or
limitations relative to hours, duties, and work settings; and
(2)
Identifies the workplace monitor(s) and requires the monitor(s) to
submit 30-day and quarterly reports to the program director;
(l)
Requires full release collaboration and
discussion between the program director and treatment providers and workplace
monitors at all times; and
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Plc
503.08 Personnel-Related Criteria for
Approved Organizations.
(a) To qualify as an approved provider, the
entity shall:
(1)
Ensure that each program director it engages for its treatment and
monitoring programs:
a.
Is licensed to practice in New Hampshire and carries professional
liability coverage for the type of work to be done;
b.
Has fully disclosed in writing any disciplinary action, including
reprimand or restriction, taken against the individual by any licensing,
certifying, or credentialing agency or professional society in any jurisdiction;
c.
Has experience working with professionals in one or more of the professions
to be served by the approved provider regarding drug and alcohol issues,
behavioral health impairment, physical impairment, random testing, use and
expertise with biologic specimen and toxicology testing, and intervention,
interviewing, and monitoring;
d.
Will adhere to applicable professional standards and ethical obligations
at all times; and
e.
Will be accessible to the participant at all reasonable times, wherein
“reasonable” shall be determined in relation to the participant’s reason(s) for
being subject to a program agreement; and
(2)
Have in place policies and practices that:
a.
Do not allow a program director or any treatment provider to be assigned
to a participant’s case if there is any question of that individual’s
objectivity, dependability, or commitment;
b.
Require program directors to verify that any treatment provider who is
included in a T/M plan meets the same standards as those established for
program directors in (a), above; and
c.
Disqualify an individual from serving as a program director or treatment
provider for a particular program agreement if any discipline was for conduct similar
in nature to the issues being monitored, if the discipline occurred within 5 years of
the date the individual would provide services to the participant under the treatment
and monitoring program.
(b) An approved provider may adopt more
restrictive requirements than those set forth in (a), above, but shall not
adopt less restrictive requirements.
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Plc
503.09 Establishment of NKTB Path.
(a) An approved provider may develop an NKTB path
for individuals who wish to obtain guidance on, or assistance with, treatment
for an impairment or potential impairment without the knowledge of the applicable
board.
(b) No records or reports relative to an NKTB participant’s
involvement in a program agreement shall be provided to the applicable board by
the approved program or anyone associated with the approved program, except as
provided in the program agreement pursuant to Plc 503.06(c)(3) and (c), below.
(c) The approved program shall notify the
applicable board of an NKTB participant’s noncompliance with the terms of a
program agreement only if the approved program determines there is clear and
convincing evidence that not notifying the board would jeopardize the health
and safety of the public.
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PART Plc 504 IMPLEMENTATION OF PROFESSIONALS’ HEALTH
PROGRAM
Plc
504.01 Advertising by Approved Providers
Allowed. An approved provider may
advertise its approved status and that it is an appropriate vehicle for any licensee
who:
(a)
Has been directed to participate in a professionals’ health program by a
disciplinary order from, or agreement with, an applicable board;
(b) Wishes to propose to an applicable board that
participation in a professionals’ health program be considered by the applicable
board in disposing of pending or potential disciplinary actions; or
(c) Wishes to obtain assistance via an NKTB path.
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Plc
504.02 Use of Approved Providers.
(a) Only program agreements that are offered by
approved providers shall be recognized by an applicable board as an acceptable
vehicle for coordinating rehabilitation and monitoring services for a licensee
for purposes of disciplinary orders or other agreements between an applicable
board and a licensee.
(b) Approval of a provider under Plc 503.03 shall
not constitute approval of the appropriateness of a specific program agreement for
any given licensee, which shall be determined by the approved provider based on
the licensee’s specific circumstances.
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Plc
504.03 Licensee Participation in a
Professionals’ Health Program.
(a) Subject to (c) and (d), below, details of a licensee’s
participation in a professionals’ health program shall not be disclosed to the applicable
board unless:
(1)
Such disclosures are required by the applicable board’s order that the
licensee participate in a professionals’ health program; or
(2)
The licensee:
a. Is on a KTB path and is in noncompliance with the
terms of the program agreement; or
b.
Requests such disclosure by motion or signed authorization.
(b) Individual program agreements, and motions
requesting approval of such program agreements, shall be maintained as confidential
except to the extent they are incorporated into public settlement agreements or
disciplinary actions, or become evidence in disciplinary hearings in situations
where noncompliance with the terms of the program agreement is relevant to the
misconduct or disciplinary action at issue.
(c) Any NKTB licensee who is in compliance with
the licensee’s program agreement may answer any question relating to physical
or mental illness or substance abuse, or treatment therefor, in the negative on
any license renewal application without repercussions.
(d) A licensee’s participation on an NKTB path shall
not be disclosed by the approved provider or any representative thereof to the applicable
board except as required by Plc 503.09(c), provided however that if the
licensee is investigated by the applicable board after the licensee has entered
an NKTB path, the licensee may request that the licensee’s participation be
disclosed to the applicable board and agree to participate under a new program
agreement that is known to the board.
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Plc
504.04 Obligations of Approved
Providers; Termination of Approval.
(a) Each approved provider shall continue to meet
the standards specified in Plc 503.04 for so long as it offers services to New
Hampshire licensees.
(b) If the executive director receives credible information
that an approved provider is failing to meet one or more of the standards
specified in Plc 503.04, the executive director shall commence an investigation
in accordance with Plc 200.
(c) If the investigation conducted pursuant to
(b), above, produces credible evidence that an approved provider is not meeting
one or more applicable standards, the executive director shall:
(1)
Notify the approved provider in writing of the standard(s) that are
allegedly not being met;
(2)
If the deficiencies that are alleged do not jeopardize the health,
safety, and well-being of NH licensees or the public, allow the approved
provider 30 days in which to cure the identified deficiencies; and
(3)
Commence an adjudicative proceeding in accordance with Plc 206 to
determine whether the approval should be suspended or revoked if:
a.
An opportunity to cure is not required to be provided by (2), above; or
b.
An opportunity to cure is provided but the deficiencies are not cured.
(d) If the proceeding conducted in accordance
with (c), above, proves by a preponderance of the evidence that the failure to
meet the standard(s) on which the proceeding was based did in fact occur, the executive
director shall:
(1)
Place the approved provider on probationary status if, for each standard
not met:
a.
The failure had no substantial potential to, and in fact did not,
jeopardize the health, safety, and well-being of NH licensees or the public;
b.
The failure was negligent or unknowing, such that additional attention
to the standards and the provider’s policies and practices should help to
ensure that it will not be repeated; and
c.
The provider has not been the subject of an adjudicative proceeding for
the same or a similar failure within the preceding 2 years; or
(2) Suspend the approval conditional on corrective
actions being taken if:
a.
Any failure had a substantial potential to, or actually did, jeopardize
the health, safety, and well-being of NH licensees or the public;
b.
For each standard not met, the failure was negligent or unknowing, such
that additional attention to the standards and the provider’s policies and
practices should help to ensure that it will not be repeated; and
c.
The provider has not been the subject of an adjudicative proceeding for
the same or a similar failure within the preceding 2 years.
(e) If an approved program is put on probationary
status or if an approval is suspended pursuant to (d), above, the provider may
request the probationary status to be removed or the approval to be reinstated,
as applicable, after documenting that it has implemented new policies and
procedures or modified its existing policies and procedures to minimize the
likelihood that a failure to meet the standard(s) will recur.
(f) If the proceeding conducted in accordance
with (c), above, proves by clear and convincing evidence that the failure to
meet the standard(s) on which the proceeding was based did in fact occur, the executive
director shall revoke the approval if, for any such failure:
(1)
The failure was reckless or knowing;
(2)
The failure resulted in harm to a licensee or the public; or
(3)
The provider has been the subject of 3 or more adjudicative proceedings
for the same or any similar failure within the preceding 2 years.
(g) If an approval is revoked pursuant to (f),
above, the provider:
(1)
Shall work with any licensees currently participating in a program agreement
to transition them to another provider if possible; and
(2) Shall not apply again for approval under this
chapter for at least one year from the date of the revocation.
(h) If the hearing conducted in accordance with (c),
above, proves by a preponderance of the evidence that the failure to meet the
standard(s) on which the proceeding was based did in fact occur, the executive
director shall impose limitations on the scope of the approval to minimize the
opportunities for the provider to commit additional or repeat failures or
impose requirements for other corrective actions if:
(1)
The failure had no substantial potential to, and in fact did not,
jeopardize the health, safety, and well-being of NH licensees or the public;
(2)
The failure was negligent or unknowing; and
(3)
The provider has been the subject of one or more investigations that did
not lead to action being taken under this section for the same or a similar
violation within the preceding 2 years.
(i) If limitations on the scope of the approval
are imposed pursuant to (h), above, the provider may request the limitations to
be removed upon presenting proof to the executive director that:
(1)
The provider has complied with all terms of the limitations for not less
than 1 year; and
(2)
The provider has implemented new policies and procedures or modified its
existing policies and procedures to minimize the likelihood that a failure to
meet the standard(s) will recur.
Source. #13971, eff
7-1-24
Appendix
A: State Statutes Implemented
|
Rules |
State Statutes Implemented |
|
Plc 500 |
RSA 310:5, III; RSA 329:13-b; RSA
326-B:36-a; RSA 318:29-a |
Appendix
B: Incorporated Definitions
Plc 302.01 “Applicable board” means the board that
regulates the profession for which an application for initial or renewal
licensure, reinstatement of licensure, or temporary licensure is made, or in
which a disciplinary or non-disciplinary remedial proceeding is initiated,
provided that for those professions for which the applicable board is advisory,
the term means the executive director in consultation with the advisory board,
and for any profession for which no board exists, the term means the executive
director.
Plc 302.25 “Regulated profession” means an occupation or
profession for which a license is required to be obtained from the OPLC prior
to engaging in the occupation or profession in New Hampshire.