{"id": "SB227", "year": 2003, "term": "2003-2004", "title": "(2nd New Title) relative to the board of occupational therapy, the board of respiratory care practice, the board of speech-language therapists, the board of athletic trainers practice, the board of physical therapy practice, and the board of directors of the office of licensed allied health professionals; relative to the board of podiatry; and relative to possession of prescription medication by licensed nurses.", "narrative": "It was introduced on February 6, 2003 and referred to the Senate Executive Departments and Administration committee. The committee held a public hearing on March 5, 2003. The committee recommended that the Senate pass it with changes (amendment 0923). The committee's amendment (0923) was adopted on a voice vote on March 27, 2003, changing the text of the bill. On March 27, 2003 the Senate voted to pass it with changes on a voice vote and ordered it to a third reading. On March 27, 2003 the Senate voted to pass it. It crossed to the House and was referred to the House Executive Departments and Administration committee. The committee held a public hearing on April 16, 2003. The committee held work sessions on May 13, 2003 and May 20, 2003. The majority of the committee recommended that the House pass it with changes unanimously, 17\u20130, and the report was placed on the consent calendar. On May 29, 2003 the House voted to pass it with changes. On June 5, 2003 the Senate adopted \u201cRequests Committee Of Conference\u201d on a voice vote. On June 5, 2003 the House adopted \u201cHouse Acceded to req for Conf Comm\u201d. A committee of conference met on June 12, 2003 to try to settle the differences between the two chambers' versions of the bill. On June 24, 2003 the House adopted \u201cConf Comm Report\u201d. On June 24, 2003 the Senate adopted \u201cConference Committee Report\u201d on a voice vote. The bill was enrolled on June 30, 2003 \u2014 the final check of the text before it goes to the governor \u2014 and an enrolled bill amendment (2311) was adopted on a voice vote to correct technical errors found after passage. The governor signed it on July 21, 2003, making it Chapter 310 of the session laws. It took effect on July 1, 2003.", "stages": [{"label": "Senate Committee (Executive Departments and Administration)", "hand": "S:committee", "text": "It was introduced on February 6, 2003 and referred to the Senate Executive Departments and Administration committee. The committee held a public hearing on March 5, 2003. The committee recommended that the Senate pass it with changes (amendment 0923).", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "The committee's amendment (0923) was adopted on a voice vote on March 27, 2003, changing the text of the bill. On March 27, 2003 the Senate voted to pass it with changes on a voice vote and ordered it to a third reading. On March 27, 2003 the Senate voted to pass it.", "notes": []}, {"label": "House Committee (Executive Departments and Administration)", "hand": "H:committee", "text": "It crossed to the House and was referred to the House Executive Departments and Administration committee. The committee held a public hearing on April 16, 2003. The committee held work sessions on May 13, 2003 and May 20, 2003. The majority of the committee recommended that the House pass it with changes unanimously, 17\u20130, and the report was placed on the consent calendar.", "notes": ["Reports on the consent calendar are adopted together in one vote, without debate."]}, {"label": "On the House Floor", "hand": "H:floor", "text": "On May 29, 2003 the House voted to pass it with changes.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On June 5, 2003 the Senate adopted \u201cRequests Committee Of Conference\u201d on a voice vote.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On June 5, 2003 the House adopted \u201cHouse Acceded to req for Conf Comm\u201d.", "notes": []}, {"label": "Committee of Conference", "hand": "C:conference", "text": "A committee of conference met on June 12, 2003 to try to settle the differences between the two chambers' versions of the bill.", "notes": []}, {"label": "On the House Floor", "hand": "H:floor", "text": "On June 24, 2003 the House adopted \u201cConf Comm Report\u201d.", "notes": []}, {"label": "On the Senate Floor", "hand": "S:floor", "text": "On June 24, 2003 the Senate adopted \u201cConference Committee Report\u201d on a voice vote.", "notes": []}, {"label": "With the Governor", "hand": "G:governor", "text": "The bill was enrolled on June 30, 2003 \u2014 the final check of the text before it goes to the governor \u2014 and an enrolled bill amendment (2311) was adopted on a voice vote to correct technical errors found after passage. The governor signed it on July 21, 2003, making it Chapter 310 of the session laws. It took effect on July 1, 2003.", "notes": []}], "notes": [], "vote_note": "", "events": [{"date": "2003-02-06", "text": "Introduced and Ref. to Executive Departments & Administration", "routine": false, "cite": "SJ 4"}, {"date": "2003-03-05", "text": "Hearing; March 5, 2003, Room 102, LOB, 1:45 p.m.; SC10", "routine": false, "cite": "SC 10", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2003%5CSC%2010.pdf"}, {"date": "2003-03-21", "text": "Committee Report; Ought to Pass with Amendment{0923}, (New Title), [03/27/03]; SC15, Pg.51-59", "routine": false, "cite": "SC 15", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2003%5CSC%2015.pdf"}, {"date": "2003-03-26", "text": "03/26/2003 Introduced and ref to Exec Depts & Admin; HJ34, p1085", "routine": false, "cite": "HJ 34"}, {"date": "2003-03-27", "text": "Committee Amendment{0923}, (New Title), AA, VV", "routine": false, "cite": "SJ 10"}, {"date": "2003-03-27", "text": "Ought to Pass with Amendment{0923}, (New Title), MA, VV; OT3rdg", "routine": false, "cite": "SJ 10"}, {"date": "2003-03-27", "text": "Passed by 3rd Reading Resolution", "routine": false, "cite": "SJ 10"}, {"date": "2003-04-16", "text": "Hearing Apr 16 10:00 RM100, St House", "routine": false}, {"date": "2003-05-13", "text": "Subcom Work Session May 13 11:00 RM100, St House (NOTE TIME CHANGE) <Rep Dexter>", "routine": false}, {"date": "2003-05-20", "text": "Full Comm Work & Exec Session May 20 11:00 RM100,St House <Rep O'Neil> (NOTE TIME CHANGE)", "routine": false}, {"date": "2003-05-20", "text": "Maj Report OTP/AM for May 29 (Vote 17-0;CC)", "routine": false}, {"date": "2003-05-20", "text": "Prop Comm Am{1619}(New Title)", "routine": false, "cite": "HC 43", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2003%5CNo%2043%20May%2023%202003.pdf"}, {"date": "2003-05-29", "text": "Passed with Am", "routine": false, "cite": "HJ 45"}, {"date": "2003-06-05", "text": "Sen. Prescott Non Concur With House Am; Requests Committee Of Conference, MA, VV", "routine": false, "cite": "SJ 19"}, {"date": "2003-06-05", "text": "President Appoints; Senators Prescott, Kenney, Cohen", "routine": false, "cite": "SJ 19"}, {"date": "2003-06-05", "text": "House Acceded to req for Conf Comm, Rep Mock MA", "routine": false, "cite": "HJ 51"}, {"date": "2003-06-05", "text": "(Spkr appts Reps: O'Neil, Bergin, Fitzgerald & F Sullivan)", "routine": false}, {"date": "2003-06-12", "text": "Committee of Conference; Meeting June 12, 2003, Room 102, LOB, 11:30 a.m", "routine": false}, {"date": "2003-06-19", "text": "Conf Comm Report (House Am) Filed", "routine": false}, {"date": "2003-06-24", "text": "Conf Comm Report Adopted", "routine": false, "cite": "HJ 51"}, {"date": "2003-06-24", "text": "Conference Committee Report{2190}, Adopted, VV", "routine": false, "cite": "SJ 20", "plain": "Conference committee report adopted, on a voice vote"}, {"date": "2003-06-30", "text": "Enrolled Bill Amendment{2311}, Adopted, VV", "routine": true, "cite": "HJ 67"}, {"date": "2003-06-30", "text": "Enrolled Bill Amendment{2311}, Adopted, VV", "routine": true, "cite": "SJ 21"}, {"date": "2003-06-30", "text": "Enrolled", "routine": false, "cite": "HJ 67", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "2003-06-30", "text": "Enrolled", "routine": false, "cite": "SJ 21", "plain": "Enrolled: the final text checked before it goes to the Governor"}, {"date": "2003-07-21", "text": "Signed by the Governor on 07/21/03, Eff: 07/01/03 Chap: 0310", "routine": false}], "next_step": "Signed into law", "archived": {"docket": true, "sponsors": true, "reports": true, "votes": true, "video": false, "hearings": true, "committee": true}, "status_source": "General Court docket", "chapter": "310", "journey": {"steps": [{"date": "2003-03-27", "body": "S", "act": "passed", "mark": "p", "text": "Passed with an amendment on a voice vote"}, {"date": "2003-05-29", "body": "H", "act": "passed", "mark": "p", "text": "Passed with an amendment"}, {"date": "2003-06-05", "body": "S", "act": "nonconcurred", "mark": "h", "text": "Refused the House's amendment and asked for a committee of conference on a voice vote"}, {"date": "2003-06-24", "body": "H", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report"}, {"date": "2003-06-24", "body": "S", "act": "conf_adopted", "mark": "p", "text": "Adopted the conference report on a voice vote"}, {"date": "2003-07-21", "body": "G", "act": "signed", "mark": "p", "text": "Signed"}, {"date": "", "body": "L", "act": "law", "text": "Chapter 310, in effect Jul 1, 2003", "mark": "p"}], "rail": [{"stop": "Introduced", "mark": "p", "date": "2003-02-06", "say": "Introduced"}, {"stop": "Senate", "mark": "p", "date": "2003-03-27", "say": "Passed with an amendment on a voice vote"}, {"stop": "House", "mark": "p", "date": "2003-05-29", "say": "Passed with an amendment"}, {"stop": "Governor", "mark": "p", "date": "2003-07-21", "say": "Signed"}, {"stop": "Law", "mark": "p", "date": "2003-07-01", "say": "Chapter 310, in effect Jul 1, 2003"}]}, "text_url": "", "facts": {"gen_status": "SIGNED BY GOVERNOR", "house_status": "CONFERENCE REPORT ADOPTED", "senate_status": "CONFERENCE REPORT ADOPTED"}, "sponsors": [{"member_id": "209005", "name": "Clifton Below", "party": "D", "chamber": "S", "county": "", "district": "5", "label": "Sen. 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Janet Wall (D - Straf 72)", "district_label": "Straf 72", "sort": "wall, janet", "slug": "janet-wall-straf-11"}], "rollcalls": [{"date": "2003-03-27", "body": "S", "question": "Ought to Pass with Amendment", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "otpa", "mf": {}}, {"date": "2003-06-05", "body": "S", "question": "Requests Committee Of Conference", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "request_conference", "mf": {}, "mrec": "Requests Committee Of Conference"}, {"date": "2003-06-24", "body": "S", "question": "Conference Committee Report", "mover": "", "yeas": null, "nays": null, "passed": true, "vote_kind": "VV", "vote_kind_label": "voice vote", "threshold_note": null, "tally": {}, "members": [], "amendment": null, "mk": "conference_report", "mf": {}, "mrec": "Conference Committee Report"}], "stations": [{"when": "2003-03-05", "time": "13:45", "what": "hearing", "committee": "Executive Departments and Administration", "body": "S", "venue": "LOB 102", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "2003-04-16", "time": "10:00", "what": "hearing", "committee": "", "body": "H", "venue": "RM100, St House", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "2003-05-13", "time": "11:00", "what": "subcommittee work session", "committee": "", "body": "H", "venue": "RM100, St House (NOTE TIME CHANGE) <Rep Dexter>", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "2003-05-20", "time": "11:00", "what": "full committee work session", "committee": "", "body": "H", "venue": "RM100,St House <Rep O'Neil> (NOTE TIME CHANGE)", "video_id": "", "watch": null, "predicted": "", "start": null, "state": "prestream", "tolerance": null, "short": false, "end": null, "end_stated": false, "end_from": null, "candidate": null, "start_stated": false, "said_how": null, "end_stated_cluster": false}, {"when": "2003-06-12", "time": "11:30", "what": "committee of conference", "committee": null, "venue": "LOB 102", "video_id": "", "watch": null, "predicted": null, "start": null, "debate_end": null, "window_start": null, "motions": [], "tallies": [], "state": "prestream", "candidate": null}], "reports": [{"bill": "SB227", "title": "relative to the board of occupational therapy, the board of respiratory care practice, the board of speech-language therapists, the board of athletic trainers practice, the board of physical therapy practice, and the board of directors of the office of licensed allied health professionals, and relat", "majority_recommendation": "OUGHT TO PASS WITH AMENDMENT", "minority_recommendation": null, "reports": [{"side": "Committee", "author": "Rep. Judson K. Dexter", "committee": "Executive Departments and Administration", "vote_yeas": 17, "vote_nays": 0, "text": "This bill clarifies outdated language in the \"allied health care professionals\" statutes. Additionally, it eliminates any confusion with regard to the authority of the various certifying boards."}], "source": "House Calendar 43, 2003", "date": "2003-05-23", "dated": "printed", "cite": "HC 43", "cite_url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2003%5CNo%2043%20May%2023%202003.pdf"}], "docket_reports": [{"date": "2003-03-21", "dated": "recorded", "body": "S", "committee": "Executive Departments and Administration", "side": "", "recommendation": "OUGHT TO PASS WITH AMENDMENT", "vote_yeas": null, "vote_nays": null, "amendment": "0923", "new_title": false, "cite": "SC 15", "cite_url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2003%5CSC%2015.pdf"}], "report_actions": [], "veto_message": null, "bill_note": null, "subject": "Occupational Regulation", "subject_source": "granite record", "house_committee": "Executive Departments and Administration", "senate_committee": "Executive Departments and Administration", "lsr": "2003-1182", "docket_url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=1182&sy=2003&txtsessionyear=2003&txtbillnumber=sb227&sortoption=billnumber", "documents": [{"label": "Bill status page", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/Bill_status.aspx?lsr=1182&sy=2003&txtsessionyear=2003&txtbillnumber=sb227&sortoption=billnumber", "kind": "status"}, {"label": "Docket", "url": "https://gc.nh.gov/bill_status/legacy/bs2016/bill_docket.aspx?lsr=1182&sy=2003&txtsessionyear=2003&txtbillnumber=sb227&sortoption=billnumber", "kind": "docket"}, {"label": "SC 10", "url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2003%5CSC%2010.pdf", "kind": "record"}, {"label": "SC 15", "url": "https://gc.nh.gov/senate/calendars_journals/viewer.aspx?fileName=Calendars%5C2003%5CSC%2015.pdf", "kind": "record"}, {"label": "HC 43", "url": "https://gc.nh.gov/house/calendars_journals/viewer.aspx?fileName=calendars%5C2003%5CNo%2043%20May%2023%202003.pdf", "kind": "record"}], "amendments": [{"num": "0923", "kind": "Committee Amendment", "where": "committee", "date": "2003-03-27", "body": "S", "adopted": true, "vote_kind": "VV", "mover": "", "proposed_by": "", "text": "", "source": "", "targets": [], "supersedes": []}, {"num": "2311", "kind": "Enrolled Bill Amendment", "where": "enrolment", "date": "2003-06-30", "body": "H", "adopted": true, "vote_kind": "VV", "mover": "", "proposed_by": "", "text": "", "source": "", "targets": [], "supersedes": []}], "billtext": {"version": "Final version", "title": "", "analysis": "This bill makes various changes to allied health care professionals statutes.\n\nThis bill also permits any licensed nurse to possess noncontrolled prescription drugs.", "body": "03/27/03 0923s\n\n29may03... 1619h\n\n06/24/03....2190cofc\n\nBe it Enacted by the Senate and House of Representatives in General Court convened:\n\n310:1 Occupational Therapists. RSA 326-C is repealed and reenacted to read as follows:\n\nCHAPTER 326-C\n\nOCCUPATIONAL THERAPISTS\n\n326-C:1 Definitions. In this chapter and RSA 328-F, unless the context otherwise requires:\n\nI. \"Board\" means the occupational therapy governing board established in RSA [ 328-F:3]\n\n328-F.\n\nII. \"Occupational therapist\" means a person currently licensed to practice occupational therapy in the state of New Hampshire.\n\nIII. \"Occupational therapy\" means the therapeutic use of purposeful and meaningful occupations or goal-directed activities to evaluate and treat individuals who have a disease or disorder, impairment, activity limitation, or participation restriction which interferes with their ability to function independently in daily life roles, and to promote health and wellness.\n\n(a) Occupational therapy intervention may include:\n\n(1) Remediation or restoration of performance abilities that are limited due to impairment in biological, physiological, psychological, or neurological processes.\n\n(2) Adaptation of task, process, or the environment, or the teaching of compensatory techniques, in order to enhance performance.\n\n(3) Disability prevention methods and techniques which facilitate the development or safe application of performance skills.\n\n(4) Health promotion strategies and practices which enhance performance abilities.\n\n(b) Occupational therapy services include, but are not limited to:\n\n(1) Evaluating, developing, improving, sustaining or restoring skills in activities of daily living, work or productive activities, including instrumental activities of daily living, and play and leisure activities.\n\n(2) Evaluating, developing, remediating, or restoring sensorimotor, cognitive, or psychosocial components of performance.\n\n(3) Designing, fabricating, applying, or training in the use of assistive technology or orthotic devices, and training in the use of prosthetic devices.\n\n(4) Adaptation of environments and processes, including the application of ergonomic principles, to enhance performance and safety in daily life roles.\n\n(5) Application of physical agent modalities as an adjunct to, or in preparation for, engagement in purposeful activities and occupations.\n\n(6) Evaluating and providing intervention in collaboration with the client, family, caregiver, or others.\n\n(7) Educating the client, family, caregiver, or others in carrying out appropriate non-skilled interventions.\n\n(8) Consulting with groups, programs, organizations, or communities to provide population-based services.\n\nIV. \"Occupational therapy assistant\" means a person currently licensed to assist in the practice of occupational therapy, under the supervision of an occupational therapist, in the state of New Hampshire.\n\n326-C:2 Evaluation and Treatment Authorization.\n\nI. Consultation and evaluation by an occupational therapist may be performed without a referral. Initiation of occupational therapy services to individuals with medically related conditions shall be based on a referral from a physician or physician assistant licensed by the state board of medicine, an advanced registered nurse practitioner licensed under RSA 326-B, a chiropractor licensed under RSA 316-A, an optometrist licensed under RSA 327, or any other qualified health care professional who, within the scope of the professional's licensure, is authorized to refer for health care services.\n\nII. Prevention, wellness, and education-related services shall not require a referral. These services may be provided in a variety of settings such as educational, work, recreational, and residential settings and community centers for adults and children.\n\n326-C:3 Prohibition on Unauthorized Practice; Professional Identification.\n\nI. No person shall practice or hold oneself out as being able to practice occupational therapy or assist in the practice of occupational therapy or provide occupational therapy services in this state unless the person is licensed under this chapter and RSA 328-F. Nothing in this paragraph shall be construed to prohibit students enrolled in board approved schools or courses in occupational therapy from performing occupational therapy which is incidental to their respective courses of study or supervised field work.\n\nII. Licensed occupational therapists may use the letters \"OT\" and \"OT/L\" and occupational therapy assistants may use the letters \"OTA\" and \"OTA/L\" in connection with their names or places of business.\n\n326-C:4 Coercion Prohibited. No person shall coerce a licensed occupational therapist or occupational therapy assistant into compromising patient safety by requiring the licensed occupational therapist or occupational therapy assistant to delegate activities or tasks if the licensed occupational therapist or occupational therapy assistant determines that it is inappropriate to do so. Licensed occupational therapists or occupational therapy assistants shall not be subject to disciplinary action by the board for refusing to delegate activities or tasks or refusing to provide the required training for delegation if the licensed occupational therapist or occupational therapy assistant determines that delegation may compromise patient safety.\n\n326-C:5 Eligibility for Licensure.\n\nI. An applicant shall possess the following qualifications to be licensed:\n\n(a) Be at least 17 years of age.\n\n(b) Be of good moral character.\n\n(c) Successfully complete an academic program in occupational therapy accredited by the American Council for Occupational Therapy Education (ACOTE) or its successor organization or be certified by the National Board for Certification in Occupational Therapy, Inc., or its successor organization.\n\n(d) Successfully complete a period, as specified in paragraph II, of supervised field work experience approved by the educational institution where the applicant met his or her academic requirements, or be certified by the National Board for Certification in Occupational Therapy, Inc., or its successor organization.\n\n(e) Successfully complete the entry level certification examination for occupational therapists or occupational therapy assistants approved by the board, such as the examination administered by the National Board for Certification in Occupational Therapy, Inc. or by another nationally recognized credentialing body.\n\n(f) If passing the required examination more than one year before submitting the application for licensure, meet the continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.\n\nII. A minimum of 6 months of supervised fieldwork experience is required for licensure as an occupational therapist, and a minimum of 2 months of supervised fieldwork experience is required for licensure as an occupational therapy assistant.\n\nIII. The board may, upon notice and opportunity for a hearing, deny an application for initial licensure or issue a conditional license. The board may, upon notice and opportunity for a hearing, deny an application for reinstatement of a license or reinstate the license with conditions. Conditions imposed may include a requirement for continuing education, practice under the supervision of a licensed occupational therapist, or any other condition set forth in the section addressing conditional licenses in RSA 328-F.\n\n326-C:6 Renewal of License.\n\nI. Persons licensed as occupational therapists or occupational therapy assistants are eligible for renewal of their licenses if they:\n\n(a) Have not violated this chapter or RSA 328-F or demonstrated poor moral character.\n\n(b) Meet any continuing competency requirements and any requirements for continuing education, clinical experience, or training established by the board in rules adopted pursuant to RSA 541-A.\n\nII. The board shall approve continuing education programs approved through the American Occupational Therapy Association's approved provider program.\n\n326-C:7 Rulemaking. The board shall adopt rules pursuant to RSA 541-A specifying:\n\nI. The physical agent modalities which may be applied as an adjunct to, or in preparation for, engagement in purposeful activities and occupations;\n\nII. The eligibility requirements to be met by licensees seeking a certificate authorizing the application of physical agent modalities;\n\nIII. The documentation required by the board for the issuance of a certificate authorizing a licensee to apply physical agent modalities;\n\nIV. The requirements for supervision of licensed occupational therapy assistants by licensed occupational therapists; and\n\nV. The use and supervision of non-licensed persons providing supportive services to licensed occupational therapists or occupational therapy assistants.\n\n326-C:8 Physical Agent Modalities; Certificates.\n\nI. Licensed occupational therapists and licensed occupational therapy assistants are required to hold a certificate issued by the board authorizing their use of specified physical agent modalities.\n\nII. Licensees who have been using specified physical agent modalities for 3 consecutive years and who have been educated or trained on the job in their use may continue their use without holding authorizing certificates, but such licensees shall meet the eligibility and application requirements for authorizing certificates no later than 6 months after the adoption of rules establishing such requirements.\n\nIII. The board is authorized to issue certificates authorizing the use of specified physical agent modalities to eligible licensed occupational therapists and licensed occupational therapy assistants. Such certificates are not required to be renewed.\n\nIV. The board may suspend a certificate authorizing the use of specified physical agent modalities as one of the conditions of a conditional license issued pursuant to this chapter and RSA 328-F. Such a certificate shall be suspended or revoked when the underlying license is suspended or revoked.\n\n310:2 Respiratory Care Practice. RSA 326-E is repealed and reenacted to read as follows:\n\nCHAPTER 326-E\n\nRESPIRATORY CARE PRACTICE\n\n326-E:1 Definitions. As used in this chapter and RSA 328-F:\n\nI. \"Board\" means the governing board of respiratory care practitioners established under RSA 328-F.\n\nII. \"Certified pulmonary function technician\" or \"CPFT\" means a person having successfully completed and achieved a passing score on the entry level examination in pulmonary function and maintained the related credential issued by the National Board for Respiratory Care, Inc.\n\nIII. \"Consultation by telecommunication\" means that a respiratory care practitioner renders professional or expert opinion or advice via telecommunications or computer technology from another location. It includes the transfer of data or exchange of educational or related information by any means of audio, video, or data communications.\n\nIV. \"National Board for Respiratory Care, Inc.\" or \"NBRC\" means the national voluntary health certifying board that evaluates the professional competence of respiratory therapists and pulmonary function technicians, or its successor organization.\n\nV. \"Nurse practitioner\" means a person licensed to practice as an advanced registered nurse practitioner in this state pursuant to RSA 326-B.\n\nVI. \"Physician\" means a person licensed to practice medicine in this state pursuant to RSA 329.\n\nVII. \"Physician assistant\" means a person licensed to practice as a physician assistant pursuant to RSA 328-D.\n\nVIII. \"Registered polysomnographic technologist\" or \"RPSGT\" means a person having successfully completed and achieved a passing score on the comprehensive registry examination for polysomnographic technologists administered by the Board of Registered Polysomnographic Technologists or its successor organization.\n\nIX. \"Registered pulmonary function technologist\" or \"RPFT\" means a person having successfully completed and achieved a passing score on the advanced level examination in pulmonary function and maintained the related credential issued by the National Board for Respiratory Care, Inc.\n\nX. \"Respiratory care\" means the treatment, management, diagnostic testing and evaluation of responses to respiratory or medical treatment and care of individuals or groups of individuals either having deficiencies or abnormalities of the cardiopulmonary system or requiring support of the cardiopulmonary system. Respiratory care is given in accordance with the prescription of a physician, nurse practitioner, or physician assistant. Respiratory care includes the implementation of respiratory care strategies and modalities, and the administration of pharmacological, diagnostic, and therapeutic agents necessary to implement a treatment, disease or injury prevention, rehabilitative or diagnostic regimen. Respiratory care includes, but is not limited to: initiating emergency procedures; providing health counseling and teaching; assembly, repair, testing and maintenance of respiratory equipment; and those respiratory care activities that require a substantial amount of scientific knowledge or technical skill.\n\nXI. \"Respiratory care educational program\" means a program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation in collaboration with the Joint Review Committee for Respiratory Therapy Education, by the Committee on Accreditation for Respiratory Care, or by the Commission on Accreditation of Allied Health Education Programs, or their successor organizations.\n\nXII. \"Respiratory care practitioner\" means a person who is:\n\n(a) Licensed in the practice or performance of respiratory care who has the knowledge and skill necessary to administer the functions defined in paragraph X of this section.\n\n(b) Capable of serving as a resource in relation to the clinical and technical aspects of respiratory care as to the safe and effective methods for administering respiratory care modalities.\n\n(c) Able to function in situations of unsupervised patient contact requiring individual judgment.\n\n(d) Capable of supervising, directing, and teaching less skilled personnel in the provision of respiratory care services.\n\n326-E:2 Rulemaking. The board shall adopt rules pursuant to RSA 541-A:\n\nI. Specifying the limited scopes of practice permitted to certified pulmonary function technicians, registered pulmonary function technologists and registered polysomnographic technologists.\n\nII. Relating to materiel management.\n\nIII. Specifying the application procedures and eligibility requirements to be met by persons or entities seeking approval as providers of continuing education programs.\n\nIV. Specifying the standards to be met by continuing education programs.\n\nV. Specifying the professional organizations, or the standards to be met by professional organizations, whose approval of education programs qualifies the programs as board-approved continuing education.\n\n326-E:3 Requirements for Initial Licensure.\n\nI. An applicant for an initial license to practice respiratory care shall be of good professional character and shall:\n\n(a) Be a graduate of a respiratory care educational program as defined in\n\nRSA 326-E:1, XI; or\n\n(b) Have successfully completed and achieved a passing score for the entry level exam administered in English by the National Board for Respiratory Care, Inc. prior to July 31, 1977.\n\nII. An applicant for initial licensure shall also be required to pass a standardized national examination administered in English by the National Board for Respiratory Care, Inc. or by a successor organization approved in rules adopted by the board pursuant to RSA 541-A.\n\nIII. An applicant for initial licensure shall be required to certify under oath that the applicant is not under investigation by any professional licensing board and that the applicant's credentials have not been suspended or revoked by any professional licensing board.\n\nIV. An applicant for initial licensure who has not practiced as a respiratory care practitioner for at least 500 hours per year during the 4 years prior to filing the application shall be required to successfully complete continuing education and continuing competency requirements set forth in rules adopted by the board pursuant to RSA 541-A.\n\n326-E:4 Professional Identification.\n\nI. A person holding a license to practice respiratory care in this state shall use the title \"respiratory care practitioner\" and the abbreviation, \"R.C.P.\".\n\nII. The licensee shall show his or her license when requested.\n\nIII. A person matriculated in an accredited respiratory care or polysomnographic technology education program shall display appropriate identification.\n\nIV. A person or business entity, its employees, agents, or representatives shall not use in conjunction with that person's name or the activity of the business the words \"respiratory care\", \"respiratory therapy\", \"respiratory care practitioner\", \"respiratory therapist\", the letters \"R.T.\" or \"R.C.P\", or any other words, abbreviations, or insignia indicating or implying directly or indirectly that respiratory care is provided or supplied, including the billing of services labeled as respiratory care, unless such services are provided by or under the direction of a respiratory care practitioner licensed under this chapter.\n\n326-E:5 Duties and Powers of the Board.\n\nI. The board shall have the authorities, powers and duties set forth in RSA 328-F.\n\nII. In addition, the board shall:\n\n(a) Elect officers from among its members for terms of one year.\n\n(b) Provide information to the public and its licensees regarding the complaint process.\n\n(c) Provide timely orientation of new professional and public appointees to the board regarding duties, powers and procedures of the board.\n\n(d) Advise the board of directors of the office of licensed allied health professionals of matters regarding respiratory care.\n\n(e) Keep information confidential in accordance with the confidentiality requirements of RSA 328-F.\n\n(f) Keep confidential patient records, patient files, reports relating to patients, oral statements relating to diagnostic findings or treatment of patients, information from which a patient or his or her family may be identified and information received and records kept by the board as a result of an investigation, except when these become part of a disciplinary hearing or are required to be disclosed by the order of a court.\n\nIII. The board may refer the unlawful practice of respiratory care to the attorney general's office for prosecution regardless of whether the person or entity ceases the unlawful practice.\n\n326-E:6 Exemptions From Licensure.\n\nI. This chapter shall not prohibit:\n\n(a) A person matriculated in an education program approved by the board who is pursuing a degree in respiratory care or respiratory therapy from satisfying supervised clinical education requirements related to the person's respiratory care education while under direct supervision of a respiratory care practitioner or physician.\n\n(b) A respiratory care practitioner from practicing in the Armed Forces, federal public health services, or the Department of Veterans Affairs, pursuant to federal regulations of health care providers.\n\n(c) A respiratory care practitioner who is licensed in another jurisdiction of the United States from providing consultation by telecommunication.\n\n(d) A respiratory care practitioner who is licensed in another jurisdiction of the United States or foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with teaching or participating in an educational seminar of no more than 60 days in a calendar year.\n\n(e) Respiratory care performed as part of a limited scope of practice, as defined by the board, by certified pulmonary function technicians (CPFT), registered pulmonary function technologists (RPFT) or registered polysomnographic technologists (RPSGT) in a diagnostic laboratory or research setting.\n\n(f) Respiratory care rendered in an emergency.\n\n(g) Self care by a patient or gratuitous care by family members or friends who do not represent themselves as respiratory care practitioners.\n\n(h) A respiratory care practitioner who is licensed in another jurisdiction of the United States or foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with the interfacility transport of a critically ill patient.\n\n(i) A polysomnography trainee from fulfilling the training and experiential clinical requirements established by the Board of Polysomnographic Technologists for eligibility for the RPSGT examination, while working under the indirect supervision of a physician, a respiratory care practitioner, or a RPSGT.\n\nII. This chapter shall not restrict a person licensed under any other law of this state from engaging in the profession or practice for which that person is licensed if that person does not represent, imply, or claim that he or she is a respiratory care practitioner or a provider of respiratory care.\n\n326-E:7 Rights of Consumers.\n\nI. The public shall have access to:\n\n(a) A list of licensees and conditional license holders that includes place of practice, license number, date of license or date of conditional license expiration, and status of license.\n\n(b) A list of official actions taken by the board.\n\n(c) A copy of public records of all hearings.\n\n(d) A copy of minutes from all public meetings of the board.\n\nII. A respiratory care practitioner shall inform each patient that the patient has the freedom of choice in services and products.\n\nIII. Any person may submit a complaint in writing to the board regarding any licensee, entity, or other person potentially in violation of this chapter or of RSA 328-F. Confidentiality shall be maintained subject to state and federal law.\n\nIV.(a) Information relating to the respiratory care practitioner-patient relationship is confidential and shall not be related to a third party who is not involved with the patient's care without the prior written consent of the patient.\n\n(b) Confidential communications between licensees and their patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no licensee shall be required to disclose such privileged communications. Confidential communications between a patient of a licensee and any person working under the supervision of such licensee to provide services that are customary and necessary for diagnosis and treatment are privileged to the same extent as would be the same communications between the supervising licensee and the patient.\n\n(c) The privilege established in subparagraph (b) shall not apply to investigations and disciplinary proceedings conducted by any agency regulating health professions in this state.\n\n326-E:8 Responsibilities of the Respiratory Care Practitioner.\n\nI. The respiratory care practitioner is responsible for managing all aspects of the respiratory care of each patient under the orders of a physician, physician assistant, or nurse practitioner. The respiratory care practitioner shall provide:\n\n(a) Written documentation of therapeutic effectiveness of care provided.\n\n(b) Periodic written evaluation of each patient.\n\n(c) Written documentation of diagnostic studies performed.\n\nII. The respiratory care practitioner shall be aware of and abide by this chapter, RSA 328-F, and the rules adopted by the board.\n\nIII. Each licensee shall provide his or her employer with a copy of his or her license, conditional license, current renewal verification or proof of reinstatement of license. This copy shall be available for public review upon request. The employer shall maintain a list of all persons providing respiratory care at his or her facility for review by the board upon request.\n\nIV. In response to board inquires relevant to the status of their licenses or their practice of respiratory care, licensees shall provide complete and truthful information to the board.\n\nV. Licensees shall notify the board if licenses, renewal verification cards, or other proofs of licensure are lost or stolen.\n\nVI. Licensees shall maintain their current business and residential addresses on file with the licensing governing board. Changes in addresses shall be submitted no later than 30 days from the date of change.\n\nVII. Each licensee shall notify the board of those acts or omissions that are violations of this chapter or are grounds for disciplinary action.\n\n326-E:9 Materiel Management. The assembly, delivery, maintenance, repair, and testing of respiratory care equipment and supplies shall be performed by respiratory care practitioners and other personnel in conformity with rules adopted by the board under RSA 541-A.\n\n326-E:10 Eligibility for License Renewal. Licensees are eligible for renewal of their licenses if the licensees:\n\nI. Have not violated this chapter or RSA 328-F nor demonstrated poor professional character.\n\nII. Meet any continuing education and continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.\n\n326-E:11 Approved Continuing Education Programs and Program Providers.\n\nI. Education programs accepted by the board in fulfillment of the continuing education required for license renewal are:\n\n(a) Programs approved by the American Association for Respiratory Care, or its successor organization.\n\n(b) Education programs approved by other approved professional organizations.\n\n(c) Education programs sponsored by continuing education providers approved by the board.\n\nII. The board is authorized to approve, disapprove, or withdraw approval from providers of respiratory care continuing education programs.\n\nIII. The board shall establish, through rules adopted pursuant to RSA 541-A, application procedures and eligibility requirements for the approval of persons and entities as providers of continuing education programs.\n\nIV. The board shall set standards for the approval of continuing education programs and for the approval of providers of continuing education programs, including:\n\n(a) Minimum qualifications of faculty.\n\n(b) Curricular topics consistent with the knowledge and skills required for the practice of respiratory care, including biological, physical, social, behavioral, and respiratory care and medical sciences.\n\n(c) Administrative aspects of the program or the provider.\n\n310:3 Speech Language Pathology Practice. RSA 326-F is repealed and reenacted to read as follows:\n\nCHAPTER 326-F\n\nSPEECH LANGUAGE PATHOLOGY PRACTICE\n\n326-F:1 Definitions. In this chapter and RSA 328-F:\n\nI. \"Board\" means the governing board of speech-language pathologists established in RSA 328-F.\n\nII. \"Practice of speech-language pathology\" means, but shall not be limited to:\n\n(a) Screening, identifying, assessing, interpreting, diagnosing, rehabilitating, and preventing disorders of speech and language.\n\n(b) Screening, identifying, assessing, interpreting, diagnosing, and rehabilitating disorders of oral-pharyngeal function and related disorders.\n\n(c) Screening, identifying, assessing, interpreting, diagnosing, and rehabilitating cognitive communication disorders.\n\n(d) Assessing, selecting, and developing augmentative and alternative communication systems and providing training in their use.\n\n(e) Providing aural rehabilitation and related counseling services to hearing-impaired individuals and their families.\n\n(f) Enhancing speech-language proficiency and communication effectiveness.\n\n(g) Screening of hearing and other factors for the purpose of speech-language evaluation or the initial identification of individuals with other communication disorders.\n\nIII. \"Speech-language pathologist\" means any person who renders or offers to render to the public any service involving the application of principles, methods, and procedures for the measurement of testing, identification, appraisal, consultation, counseling, instruction and research related to the development and disorders of speech, voice, or language for the purpose of diagnosing, designing, and implementing programs for the amelioration of such disorders and conditions.\n\nIV. \"Speech-language pathology\" means the application of principles, methods, and procedures related to the development and disorders of human communication, which disorders shall include any and all conditions whether of organic or nonorganic origin, that impede the normal process of human communication including, but not limited to, disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition, communication, swallowing, and oral, pharyngeal or laryngeal sensorimotor competencies.\n\n326-F:2 Exemptions.\n\nI. This chapter and RSA 328-F shall not apply to speech-language specialists who are certified under rules adopted by the board of education pursuant to RSA 21-N:9, II(s), unless they are also licensed under this chapter.\n\nII. This chapter and RSA 328-F shall not apply to speech-language pathology students or their activities as students fulfilling their academic or supervised clinical practicum experience requirements when their activities are under the direction and supervision of a speech-language pathologist licensed in this state, provided that the students are designated by a title which clearly indicates their status as students.\n\n326-F:3 Eligibility for Initial Licensure.\n\nI. To be eligible for initial licensure as a speech-language pathologist an applicant shall:\n\n(a) Demonstrate sufficient evidence of good professional character and reliability to satisfy the board that the applicant shall faithfully and conscientiously avoid professional misconduct and adhere to this chapter, RSA 328-F and the board's rules.\n\n(b) Meet any continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.\n\n(c) Either hold a currently valid certificate of clinical competence issued by the American Speech-Language-Hearing Association, or its successor organization, or meet the requirements of paragraph II.\n\nII. To be eligible for initial licensure as a speech-language pathologist an applicant not holding a currently valid certificate of clinical competence shall:\n\n(a) Possess a master's degree or higher academic degree in speech-language pathology, communications sciences and disorders, or communications disorders.\n\n(b) Have completed a supervised clinical practicum experience complying with the requirements set forth in rules adopted by the board pursuant to RSA 541-A.\n\n(c) Have completed a postgraduate professional experience under the direction and supervision of a licensed speech-language pathologist and meeting the requirements of rules adopted by the board pursuant to RSA 541-A.\n\n(d) Pass an examination approved by the board in rules adopted by the board pursuant to RSA 541-A.\n\n326-F:4 Provisional License.\n\nI. The purpose of a provisional license is to permit an individual to practice speech-language pathology while completing the postgraduate professional experience required for initial licensure. The board shall issue a provisional license to an applicant who has met the eligibility requirements for initial licensure except for completion of the required postgraduate professional experience and has completed the application procedure for initial licensure except for submitting documentation of completion of the postgraduate professional experience.\n\nII. A holder of a provisional license is authorized to practice speech-language pathology under the direction and supervision of a speech-language pathologist currently licensed in this state.\n\nIII. A holder of a provisional license practicing speech-language pathology full time shall complete 9 months of postgraduate professional experience in accordance with rules adopted by the board.\n\nIV. A holder of a provisional license practicing speech-language pathology less than full time shall complete the postgraduate professional experience within the time period specified by the board in rules adopted pursuant to RSA 541-A.\n\nV. A provisional license shall expire automatically on the date stated on the license.\n\nVI. The board is authorized to issue conditional provisional licenses in accordance with rules adopted pursuant to RSA 541-A.\n\n326-F:5 Rulemaking. The board shall adopt rules, pursuant to RSA 541-A, relative to:\n\nI. Eligibility requirements for provisional licenses.\n\nII. Application procedures for provisional licenses.\n\nIII. The requirements for direction and supervision of those practicing under provisional licenses.\n\nIV. The limitations on practice imposed on those practicing under provisional licenses.\n\nV. The use of assistive personnel.\n\n326-F:6 Eligibility for Renewal of Licenses. Licensees are eligible for renewal of their licenses if they:\n\nI. Have completed 30 hours of continuing education which meet the requirements established by the board through rulemaking pursuant to RSA 541-A and at least 50 percent of which are directly related to the practice of speech-language pathology.\n\nII. Have not violated this chapter or RSA 328-F nor demonstrated poor professional character.\n\nIII. Meet any continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.\n\n326-F:7 Reinstatement of Lapsed License. Any license that has not been renewed within 2 years from its expiration date may not be reinstated, restored, or reissued. The holder of a license which was not renewed within 2 years from its expiration date shall be issued a license to practice speech-language pathology only upon meeting the eligibility standards for initial licensure and upon compliance with the application requirements for initial licensure set forth in rules adopted pursuant to RSA 541-A.\n\n326-F:8 Professional Identification.\n\nI. Individuals holding currently valid licenses issued under this chapter may use the title \"speech-language pathologist\" and write the designation \"licensed speech-language pathologist\" following his or her written name.\n\nII. No person shall represent himself or herself or the services offered by using the letters \"SLP\" or the words \"speech-language pathologist\", \"speech-language pathology\", \"speech pathologist\", \"speech pathology\", \"speech therapist\", \"speech therapy\", \"speech correctionist\", \"speech correction\", \"speech clinician\", \"language pathologist\", \"language pathology\", \"aphasiologist\", \"voice pathologist\", \"voice pathology\", \"language therapist\", \"language therapy\", \"communication disorders\", or any similar words if the intent of such use is to imply that the person is licensed, unless licensed under this chapter.\n\nIII. Any person who states or implies by word or act that he or she is currently licensed to practice speech-language pathology at a time when she or he does not hold a currently valid license shall be guilty of a misdemeanor.\n\n310:4 Athletic Trainers. RSA 326-G is repealed and reenacted to read as follows:\n\nCHAPTER 326-G\n\nATHLETIC TRAINERS\n\n326-G:1 Definitions. In this chapter and RSA 328-F:\n\nI. \"Board\" means the governing board of athletic trainers established in RSA 328-F.\n\nII. \"Athletic trainer\" means a person licensed under this chapter to practice athletic training.\n\nIII. \"Athletic training\" means the practice, with respect to injuries or conditions incurred by participants in organized or recreational sports, of:\n\n(a) Prevention;\n\n(b) Assessment and evaluation;\n\n(c) Acute care, management, treatment and disposition;\n\n(d) Rehabilitation and reconditioning; and\n\n(e) Education, counseling and program administration,\n\nProvided such care is within the professional preparation and education of athletic trainers and under the direction of a physician licensed in any state or in Canada.\n\n326-G:2 Exemptions. This chapter and RSA 328-F shall not apply to the following:\n\nI. Self-care by a patient, first aid by a coach, or gratuitous care by a friend or family member who does not represent himself or herself as an athletic trainer.\n\nII. The activities of athletic training students acting under the direction of an athletic trainer licensed, certified, or registered in any state, provided that the students are designated by a title which clearly indicates their status as athletic training students.\n\nIII. The activities of athletic trainers not residents of this state, when called to perform athletic training services during a temporary visit in this state, provided such athletic trainers are currently licensed, certified, or registered in any state or Canada, or are currently certified by the National Athletic Trainers Association Board of Certification, Inc., or its successor organization.\n\n326-G:3 Rulemaking. The board shall adopt rules, pursuant to RSA 541-A, relative to the nature of the temporary visit in this state which is sufficient to exempt from the application of this chapter the practitioners of athletic training designated in RSA 326-G:2, III.\n\n326-G:4 Eligibility for Initial Licensure. Applicants for initial licensure as athletic trainers shall:\n\nI. Demonstrate sufficient evidence of good professional character and reliability to satisfy the board that the applicant shall faithfully and conscientiously avoid professional misconduct and adhere to this chapter, RSA 328-F, and the board's rules.\n\nII. Have at least a bachelor's degree.\n\nIII. Have a currently valid certificate issued by the National Athletic Trainers Association Board of Certification, Inc., or its successor organization.\n\nIV. Meet any continuing competency requirements established by the board.\n\n326-G:5 Professional Identification.\n\nI. Any person licensed to practice as an athletic trainer in this state may use the title \"New Hampshire Licensed Athletic Trainer\" and the abbreviation, \"N.H.LAT\" to designate such person's practice of athletic training and shall produce such person's license upon the request of the board.\n\nII. Any person who uses the title or the abbreviation or otherwise states or implies by word or act that he or she is currently licensed to practice athletic training, and does so at a time when she or he does not possess a valid license, shall be guilty of a misdemeanor.\n\n326-G:6 Eligibility for Renewal of License. Licensees are eligible for renewal of their licenses if they:\n\nI. Hold a currently valid certificate issued by the National Athletic Trainers Association Board of Certification, Inc., or its successor organization.\n\nII. Have not violated this chapter or RSA 328-F nor demonstrated poor professional character.\n\nIII. Meet any continuing competency requirements established by the board.\n\n310:5 Physical Therapy Practice; Definitions. Amend RSA 328-A:2, I to read as follows:\n\nI. \"Board\" means the physical therapy governing board established in RSA [ 328-F:3, I] 328-F.\n\n310:6 Physical Therapy Practice; Powers and Duties of the Board. RSA 328-A:3, II is repealed and reenacted to read as follows:\n\nII. Issue initial, conditional, renewal, and reinstated licenses to persons who meet the requirements of this chapter, RSA 328-F, and the rules of the board.\n\n310:7 Powers and Duties of the Board. RSA 328-A:3, IV is repealed and reenacted to read as follows:\n\nIV. Employ or contract with any entity for the purpose of administering examinations authorized by this chapter.\n\n310:8 Physical Therapy Practice; Powers and Duties of the Board. Amend RSA 328-A:3, X to read as follows:\n\nX. Employ necessary personnel to carry out the administrative work of the board. Board personnel are eligible to receive compensation pursuant to RSA [ 328-F:6] 328-F.\n\n310:9 Physical Therapy Practice; Rulemaking. RSA 328-A:4 is repealed and reenacted to read as follows:\n\n328-A:4 Rulemaking. The board shall adopt rules pursuant to RSA 541-A:\n\nI. Establishing standards for approving entities which evaluate credentials of foreign-educated applicants for licensure.\n\nII. Establishing standards for approving professional physical therapy education programs and for approving national accreditation organizations that accredit professional physical therapy education programs.\n\nIII. Specifying the examinations and passing scores required as part of the eligibility requirements for licensure or the standards which such examinations and examination scores are required to meet.\n\nIV. Establishing the standards for board approval of an applicant's plan for additional clinical training or course work or both under the circumstances of an applicant's request to retake the examination more than 3 times.\n\nV. Specifying the selected components of physical therapy intervention in which licensed physical therapists may assist.\n\nVI. Specifying the use of assistive personnel and their supervision by licensed physical therapists.\n\nVII. Regulating any other matter necessary for the administration of this chapter and the board's duties and responsibilities under RSA 328-F.\n\n310:10 Physical Therapy Practice. Amend the section heading of RSA 328-A:5 to read as follows: 328-A:5 [ Qualifications] Eligibility for Licensure [ and Certification].\n\n310:11 Physical Therapy Practice; Licensure. Amend the introductory paragraph of RSA 328-A:5, I to read as follows:\n\nI. An applicant for a license as a physical therapist who has been educated in the United States shall:\n\n310:12 Physical Therapy Practice; Licensure. RSA 328-A:5, I(c) is repealed and reenacted to read as follows:\n\n(c) Be a graduate of a professional physical therapy education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved accrediting organization.\n\n310:13 Physical Therapy Practice; Licensure. Amend RSA 328-A:5, I(e) to read as follows:\n\n(e) Have maintained [ a current level of professional knowledge] continuing competency in physical therapy for a period of one year prior to filing.\n\n310:14 Physical Therapy Practice; Licensure. RSA 328-A:5, II(c) is repealed and reenacted to read as follows:\n\n(c) Have completed a professional physical therapy education program sponsored by an institution recognized by the ministry of education of the country of the institution's location and determined by either The Foreign Credentialing Commission on Physical Therapy or another board-approved entity performing credentials evaluations to be substantially equivalent to a program approved by the board for applicants educated in the United States.\n\n310:15 Physical Therapy Practice; Licensure. Amend RSA 328-A:5, II(g) to read as follows:\n\n(g) Have passed the board-approved English proficiency examinations if the applicant's native language [ if] is not English.\n\n310:16 New Subparagraph; Physical Therapy Practice; Licensure. Amend RSA 328-A:5, II by inserting after subparagraph (h) the following new subparagraph:\n\n(i) Have maintained continuing competency in physical therapy for a period of one year prior to filing.\n\n310:17 Physical Therapy Practice; Licensure. RSA 328-A:5, III is repealed and reenacted to read as follows:\n\nIII. Notwithstanding the provisions of paragraph II, if the foreign-educated applicant is a graduate of a professional physical therapy education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved accrediting organization or is a graduate of a professional physical therapy education program approved by the board, the board shall waive the requirements of paragraph II(c).\n\n310:18 Physical Therapy Practice; Licensure. Amend RSA 328-A:5, IV(c) to read as follows:\n\n(c) Be a graduate of a physical therapist assistant education program accredited by [ a national agency approved by the board] the Commission on the Accreditation of Physical Therapy Education or by another board-approved organization.\n\n310:19 Physical Therapy Practice; Licensure. Amend RSA 328-A:5, IV(e) to read as follows:\n\n(e) Have maintained [ a current level of professional knowledge] continuing competency in physical therapy for a period of one year prior to filing.\n\n310:20 Physical Therapy Practice; Examination. Amend RSA 328-A:7, II - IV to read as follows:\n\nII. A physical therapist applicant may take the examination for licensure after the application process has been completed with the exception of submission of documentation showing the applicant has passed the required examination. [ The] A national physical therapy exam shall test competency related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation.\n\nIII. A physical therapist assistant applicant may take the examination for licensure after the application process has been completed with the exception of submission of documentation showing the applicant has passed the required examination. [ The] A national examination shall test for requisite knowledge and skills in the technical application of physical therapy services.\n\nIV. An applicant for licensure who does not pass the examination after the first attempt may retake the examination 3 additional times. [ Before the board may approve an applicant for subsequent testing, the applicant shall reapply for licensure and shall demonstrate evidence satisfactory to the board, pursuant to rules adopted by the board under RSA 541-A, of successful completion of additional clinical training or course work, or both, as determined by the board.] An applicant shall not retake the examination a fourth time unless:\n\n(a) The applicant has completed a new application for licensure, with the exception of submission of documentation showing that the applicant has passed the examination.\n\n(b) The applicant has submitted, and the board has approved, a plan for completion of additional clinical training or coursework or both.\n\n310:21 Physical Therapy Practice; Exemptions. Amend RSA 328-A:8, II(a) to read as follows:\n\n(a) A person in a professional education program approved by the board who is pursuing a course of study leading to a degree as a physical therapist [ and] when that person is satisfying supervised clinical education requirements related to the person's physical therapy education while under on-site supervision of a licensed physical therapist.\n\n310:22 Physical Therapy Practice; Exemptions. RSA 328-A:8, II(d) is repealed and reenacted to read as follows:\n\n(d) A physical therapist who is licensed in another jurisdiction of the United States or credentialed in another country, when that person by contract or employment is providing physical therapy services to individuals affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in the state for no more than 60 days in a calendar year.\n\n310:23 Physical Therapy Practice; Exemptions. Amend RSA 328-A:8, III(a) to read as follows:\n\n(a) A person in a professional education program approved by the board who is pursuing a course of study leading to a degree as a physical therapist assistant [ and] when that person is satisfying supervised clinical education requirements related to the person's physical therapist assistant education while under direct supervision of a physical therapist.\n\n310:24 Physical Therapy Practice; Lawful Practice. Amend RSA 328-A:9, III - VI to read as follows:\n\nIII. A physical therapist shall adhere to the [ recognized standards] code of ethics [ of the physical therapy profession and as further] established by the board in rules.\n\nIV. A physical therapist assistant licensed under this chapter is [ fully] authorized to assist a licensed physical therapist in selected components of physical therapy intervention.\n\nV. A physical therapist assistant shall adhere to [ recognized standards] the code of ethics [ of the physical therapy profession and as further] established by the board in rules.\n\nVI. A physical therapist may purchase and store topical and aerosol medications, to be administered upon the prescription of [ an appropriately licensed] a health care practitioner[, as part of the practice of physical therapy as defined herein] licensed in this state and permitted by law to prescribe medications. A physical therapist shall comply with [ any regulation duly adopted by] rules of the New Hampshire pharmacy board specifying protocols for storage of medications.\n\n310:25 Physical Therapy Practice; Use of Titles. Amend the section heading of RSA 328-A:10 to read as follows:\n\n328-A:10 Use of Titles; Restrictions; Classification of [ Violation] Offenses.\n\n310:26 Physical Therapy Practice; Obligation of Licensees. Amend the section heading of RSA 328-A:11 to read as follows:\n\n328-A:11 [ Patient Care Management] Obligations of Licensees.\n\n310:27 Unlawful Practices. Amend RSA 328-A:12 to read as follows:\n\n328-A:12 Unlawful Practice; [ Classification; Civil Penalties; Injunctive Relief] Penalties and Injunctive Relief.\n\nI. It is unlawful for any person to practice or in any manner to represent, imply, or claim to practice physical therapy or use any word or designation that implies that the person is a physical therapist unless that person is licensed pursuant to this chapter. [ A] An unlicensed person who engages in an activity requiring a license pursuant to this chapter or uses any [ work,] title, letters, or any description of services that incorporates one or more of the terms, designations, or abbreviations in violation of RSA 328-A:10 that implies that the person is licensed to engage in the practice of physical therapy is guilty of a misdemeanor.\n\nII. It is unlawful for any person who is not licensed as a physical therapist assistant under this chapter to assist in selected components of physical therapy intervention requiring the knowledge and skill [ or] of a physical therapist assistant. A person licensed as a physical therapist assistant who engages in an activity requiring a license [ pursuant to this chapter] as a physical therapist or uses any [ work,] title, letters, or any description of services that incorporates one or more of the terms, designations, or abbreviations in violation of RSA 328-A:10, I or II is guilty of a misdemeanor.\n\nIII. The board may investigate any person to the extent necessary to determine if the person is engaged in the unlawful practice of physical therapy. If an investigation indicates that a person may be practicing physical therapy unlawfully, the board shall inform the person of the alleged violation. The board may refer the matter for prosecution regardless of whether the person ceases the unlawful practice of physical therapy.\n\nIV. The board, through the attorney general, may apply for injunctive relief in any court of competent jurisdiction to enjoin any person from committing any act in violation of this chapter. Injunctive proceedings are in addition to, and not in lieu of, all penalties and other remedies prescribed in this chapter.\n\n310:28 Physical Therapy Practice; Reporting Violations; Immunity. RSA 328-A:13, I is repealed and reenacted to read as follows:\n\nI. Regulated persons and entities, including but not limited to licensees, insurance companies, health care organizations, and health care facilities, shall report to the board any conviction by a court of law or determination by an agency that a licensee has committed an act that constitutes a violation of this chapter.\n\n310:29 Physical Therapy Practice; Reporting Violations; Immunity. Amend RSA 328-A:13, II and III to read as follows:\n\nII. [ A person] Persons and entities shall be immune from civil liability, whether direct or derivative, for providing information in good faith to the board pursuant to paragraph I.\n\nIII. The board shall not disclose the identity of a person or entity who provides information unless [ such information is essential to proceedings conducted pursuant to RSA 328-F:23-26 or unless] disclosure is required by disciplinary proceedings or a court of law.\n\n310:30 Physical Therapy Practice; Rights of Consumers. Amend the section heading of RSA 328-A:15 to read as follows:\n\n328-A:15 Rights of Consumers; Confidentiality.\n\n310:31 Physical Therapy Practice; Rights of Consumers. RSA 328-A:15, I(c) is repealed and reenacted to read as follows:\n\n(c) Official actions taken by the board and other board records required to be disclosed under RSA 91-A.\n\n310:32 Physical Therapy Practice; Reporting Violations; Rights of Consumers. Amend RSA 328-A:15, II to read as follows:\n\nII. The home address and telephone numbers of physical therapists and physical therapist assistants shall not be public record and shall be kept confidential by the board unless they are the only addresses and telephone numbers of record.\n\n310:33 Physical Therapy Practice; Rights of Consumers. RSA 328-A:15, VI is repealed and reenacted to read as follows:\n\nVI. Confidential communications between physical therapists and physical therapist assistants and their patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no licensee shall be required to disclose such privileged communications. Confidential communications between a patient of a licensee and any person working under the supervision of such licensee to provide services that are customary and necessary for diagnosis and treatment are privileged to the same extent as would be the same communications between the supervising licensee and the patient. The privilege for confidential communications shall not apply to investigations and disciplinary proceedings conducted by any agency regulating health occupations or professions in this state.\n\n310:34 Physical Therapy Practice; Rights of Consumers. Amend 328-A:15, VII to read as follows:\n\nVII. Any person may submit a complaint regarding any licensee or any other person potentially in violation of this chapter. [ Confidentiality shall be maintained subject to law.]\n\n310:35 Physical Therapy Practice; Rights of Consumers. RSA 328-A:15, VIII is repealed and reenacted to read as follows:\n\nVIII. Unless used in disciplinary proceedings, the following shall be held confidential by the board:\n\n(a) Complaints received by the board.\n\n(b) Information and records acquired by the board during its investigations of complaints and other information relating to violations of this chapter coming to the attention of the board.\n\n(c) Reports and records made by the board as a result of such investigations.\n\n(d) Patient records, including clinical records, files, oral or written reports relating to diagnostic findings or treatment of licensees' patients, and oral or written information from which the identity of licensees' patients or their families can be derived.\n\n310:36 New Section; Eligibility for Renewal of License. Amend RSA 328-A by inserting after section 15 the following new section:\n\n328-A:15-a Eligibility for Renewal of License.\n\nI. Persons licensed as physical therapists are eligible for renewal of their licenses if they:\n\n(a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character.\n\n(b) Meet any continuing education and continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.\n\nII. Persons licensed as physical therapist assistants are eligible for renewal of their licenses if they:\n\n(a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character.\n\n(b) Meet any continuing education and continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.\n\n310:37 Allied Health Professionals; Definitions. Amend RSA 328-F:2, II-VII to read as follows:\n\nII. \"Governing boards\" means individual licensing boards of athletic trainers, [ certified] occupational therapy assistants, occupational therapists, physical therapists, physical [ therapy] therapist assistants, respiratory care practitioners, and speech-language pathologists.\n\nIII. \"Occupational therapy\" means \"occupational therapy\" as defined in RSA [ 326-C:1, IV] 326-C:1, III.\n\nIV. \"Office of licensed allied health professionals\" means an agency of multiple governing boards in professions of the allied health field.\n\nV. \"Physical therapy\" or \"physiotherapy\" means \"physical therapy\" or \"physiotherapy\" as defined in RSA [ 328-A:1, IX] 328-A:2, IX.\n\nVI. \"[ Practice of] Athletic training\" means \"[ practice of] \"athletic training\" as defined in RSA [ 326-G:1, V] 326-G:1, III.\n\nVII. \"Respiratory care\" means \"respiratory care\" as defined in RSA [ 326-E:1, V] 326-E:1, X.\n\n310:38 Allied Health Professionals; Governing Boards Established; Board of Directors; Office of Licensed Allied Health Professionals. Amend RSA 328-F:3, II to read as follows:\n\nII. The governing boards' chairpersons or their appointees shall make up the board of directors of the office of licensed allied health professionals. The board of directors shall, subject to the rules adopted by the director of the division of personnel, have authority to establish and fill a supervisory position at labor grade 21 and technical and clerical positions to run the office's business in an efficient manner, and to contract for the services of investigators and legal counsel. The board of directors shall have the authority to delegate to the person in the supervisory position matters of administrative and personnel management.\n\n310:39 Allied Health Professionals; Governing Boards; Duties RSA 328-F:5 is repealed and reenacted to read as follows:\n\n328-F:5 Duties. Each governing board shall have the authority to:\n\nI. Issue initial licenses, conditional initial licenses, license renewals, conditional license renewals, reinstated licenses and conditional reinstated licenses to persons who are eligible.\n\nII. Investigate licensees and take necessary disciplinary action against them.\n\nIII. Report final disciplinary actions to appropriate national databases.\n\nIV. Take legal action against unauthorized practice in accordance with this chapter.\n\nV. Investigate and prepare reports on any matter within its scope of authority under this chapter and the board's practice act.\n\nVI. Adopt rules as authorized in this chapter and the board's practice act.\n\nVII. Carry out the responsibilities set forth in the board's practice act.\n\n310:40 Allied Health Professionals; Organization and Meeting. Amend RSA 328-F:8 to read as follows:\n\n328-F:8 Organization and Meeting. Each governing board shall meet monthly, or more often as its business requires. A majority of each governing board shall constitute a quorum.\n\n310:41 Allied Health Professionals; Records. Amend RSA 328-F:9 to read as follows:\n\n328-F:9 Records of the Boards. A true record of all of each board's official acts shall be made and preserved. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary investigations and records otherwise exempt from disclosure under RSA 91-A[, RSA 329:18,] or other applicable statutes.\n\n310:42 Allied Health Professionals; Records. Amend RSA 328-F:10 to read as follows:\n\n328-F:10 Records of Licensees and Disciplinary History.\n\nI. Each governing board shall maintain a [ current] list of living or deceased persons who have ever been licensed to practice [ under this chapter]. The list shall show the licensee's last known place of employment, last known place of residence, [ and the date and] the number of the license, and the most recent date of issuance, renewal, or reinstatement. No information on the list shall be transferred to another entity for commercial use without the permission of the person to whom the information applies.\n\nII. Each governing board shall maintain a [ current] list of persons against whom the board has taken any disciplinary [ actions] action. This list shall include the [ names, type and cause of action, date and penalty incurred, and the length of penalty. This list shall be available for public inspection during regular business hours. This list shall be supplied to similar boards in other states upon request] name of the person, the reason for the disciplinary action, the date of the disciplinary action, and the nature of the disciplinary action.\n\n310:43 Allied Health Professionals; Rulemaking. RSA 328-F:11 is repealed and reenacted to read as follows:\n\n328-F:11 Rulemaking by the Governing Boards.\n\nI. The governing boards shall adopt rules pursuant to RSA 541-A establishing:\n\n(a) The eligibility requirements for initial licensure.\n\n(b) The eligibility requirements for license renewal, including any continuing competency requirements and any requirements for education, clinical experience, and training.\n\n(c) If the governing boards issue conditional licenses, renewals, or reinstatements after lapse of license or suspension, the circumstances under which they are issued and the standards for the imposition of the conditions.\n\n(d) The application procedures and eligibility requirements, including any continuing competency requirements, for the reinstatement of licenses suspended for disciplinary reasons.\n\n(e) The application procedures and eligibility requirements, including any continuing competency requirements, for the reinstatement of lapsed licenses.\n\n(f) The design and content of application forms, which forms may require a notarized affidavit that the information provided in the application is complete and accurate.\n\n(g) Application procedures.\n\n(h) The allocation of disciplinary sanctions in cases of misconduct by licensees.\n\nII. The governing boards may adopt rules pursuant to RSA 541-A that specify, for their respective professions:\n\n(a) The scope of practice.\n\n(b) The ethical standards.\n\n(c) The eligibility requirements and procedures for the issuance of licenses to applicants currently licensed in foreign countries and territories and in the territories of the United States.\n\n(d) What constitutes, for disciplinary purposes, sexual relations with and sexual harassment of, a client or patient.\n\n310:44 Allied Health Professionals; Board of Directors; Responsibilities. Amend the section heading of RSA 328-F:12 to read as follows:\n\n328-F:12 Responsibilities of the Board of Directors.\n\n310:45 Board of Directors; Responsibilities. Amend RSA 328-F:12, IV to read as follows:\n\nIV. The board of directors shall provide a forum for [ multi-disciplinary] practice issues arising in the allied health professions, but shall not set policy for the governing boards.\n\n310:46 New Paragraph; Allied Health Professionals; Responsibilities of the Board of Directors. Amend RSA 328-F:12 by inserting after paragraph IV the following new paragraph:\n\nV. The board of directors shall receive and account for all moneys taken in by the governing boards pursuant to their respective practice acts, and shall pay such moneys to the state treasurer to be deposited into the general fund.\n\n310:47 Allied Health Professionals; Board of Directors; Rulemaking. RSA 328-F:13 is repealed and reenacted to read as follows:\n\n328-F:13 Board of Directors; Rulemaking Authority. The board of directors shall adopt rules, pursuant to RSA 541-A, establishing:\n\nI. Procedures for the voluntary surrender of licenses issued by the governing boards.\n\nII. Procedures for the receipt of misconduct complaints and the conduct of disciplinary proceedings.\n\nIII. Fees authorized by this chapter.\n\n310:48 Allied Health Professionals; Board of Directors; Fees. RSA 328-F:15 is repealed and reenacted to read as follows:\n\n328-F:15 Fees.\n\nI. The board of directors shall establish fees for:\n\n(a) The processing of applications for initial licensure.\n\n(b) Initial licenses.\n\n(c) Renewal of licenses.\n\n(d) Late filing of applications for license renewal.\n\n(e) Reinstatement of licenses after lapse.\n\n(f) Transcribing and transferring records.\n\n(g) The costs of a hearing by any governing board at which the issue is denial of, or imposition of conditions on, an initial license, including the per diem and mileage of board members attending the hearing and the cost of a shorthand court reporter if one is used to record the hearing.\n\nII. Such fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses for the board of directors and the governing boards for the previous fiscal year.\n\n310:49 Issuance of Licenses; Conditional Licenses. RSA 328-F:18 is repealed and reenacted to read as follows:\n\n328-F:18 Allied Health Professionals; Issuance of Licenses; Conditional Licenses.\n\nI. Each governing board shall issue initial licenses and license renewals to applicants who have completed the required application procedures and have met the eligibility requirements established by the practice act and the rules of the governing board. If a governing board is authorized by its practice act to issue provisional licenses, it shall issue such licenses to applicants who have completed the required application procedures and have met the eligibility requirements for provisional licensure established by the practice act and the rules of the governing board.\n\nII. The governing boards shall take no action on an application for any type of license, or reinstate any lapsed or suspended license, until the applicant has completed the application procedures required by the practice acts and the rules of the governing boards.\n\nIII. To insure the competency of licensees, the governing boards are authorized to issue initial licenses, license renewals, and reinstatements of licensure after lapse or suspension for disciplinary reasons that are conditional in nature. Such conditional licenses may include the following conditions on the licensee's authorization to practice:\n\n(a) A limit on the duration of the license.\n\n(b) A requirement that specified education, clinical experience, or training is completed by the licensee before removal of the condition.\n\n(c) A requirement that the conditional licensee be supervised in his or her practice.\n\n(d) A limitation on the scope of the practice of the conditional licensee.\n\nIV. Initial licenses, including conditional licenses that are the first license issued to the individual, and provisional licenses shall be:\n\n(a) Signed and dated by the chairperson of the governing board issuing them.\n\n(b) Numbered consecutively and recorded.\n\nV. Nothing in this chapter or in the practice acts of the governing boards shall be construed to restrict persons licensed under any other law of this state from engaging in a profession or practice for which they are licensed.\n\n310:50 Allied Health Professionals; Renewal. RSA 328-F:19 is repealed and reenacted to read as follows:\n\n328-F:19 Renewal.\n\nI. Initial licenses and renewals shall be valid for 2 years, except that timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until the governing board has acted on the renewal application. Licenses issued pursuant to RSA 328-A and RSA 326-G shall expire in even-numbered years and licenses issued pursuant to RSA 326-C, RSA 326-E and RSA 326-F shall expire in odd-numbered years.\n\nII. Each governing board shall renew the licenses of applicants who meet the eligibility requirements and complete the application procedure.\n\nIII. Applicants shall submit completed applications for renewal on or before December 1 of the renewal year. Completed renewal applications submitted between December 2 and December 31 of the renewal year shall be accompanied by a late filing fee. Licenses shall lapse when completed renewal applications have not been filed by December 31 of the renewal year, and their holders are not authorized to practice until the licenses have been reinstated.\n\nIV. The governing boards shall provide licensees, on or before November 1 of their renewal years, with materials needed to complete their renewal applications, but failure of any licensees to receive these materials shall not relieve them of the obligation to comply with the rules of the governing boards and this section. Timeliness of submission of renewal applications shall be evidenced by postmark or, for applications delivered by hand, by date stamp or other record made at the time of delivery.\n\n310:51 Allied Health Professionals; Reinstatement of Licenses. RSA 328-F:20 is repealed and reenacted to read as follows:\n\n328-F:20 Reinstatement of Lapsed Licenses. Each governing board shall reinstate a license which has lapsed as a result of the failure of the applicant to qualify for license renewal or to submit the renewal application on time if the applicant:\n\nI. Meets eligibility requirements for renewal.\n\nII. Meets the reinstatement requirements and any continuing competency requirements established by the governing board.\n\nIII. Complies with any application procedure established by the governing board.\n\nIV. Pays the reinstatement fee.\n\n310:52 Allied Health Professionals; Obligations of Licensees. Amend RSA 328-F:21 to read as follows:\n\n328-F:21 [ Change of Address] Administrative Obligations of Licensees.\n\nI. Licensees shall maintain their current business and home [ address] addresses on file with [ the applicable board] their governing boards. Any changes in address shall be provided to the office no later than 30 days from the date of the change.\n\nII. Licensees shall notify their governing boards if licenses or other proof of licensure are lost or stolen.\n\n310:53 Allied Health Professionals; Disciplinary Action. RSA 328-F:23 is repealed and reenacted to read as follows:\n\n328-F:23 Disciplinary Action.\n\nI. Each governing board is authorized to undertake investigations and disciplinary proceedings upon:\n\n(a) The board's initiative.\n\n(b) A written complaint made by any person complaining that a licensee has committed an act of misconduct and specifying the nature of the misconduct.\n\n(c) A written complaint made by any person that a licensee or any other person is engaged in unauthorized practice.\n\n(d) Notification by a licensing or certifying agency of this state that a licensee has been disciplined by that agency.\n\n(e) Notification by the regulatory authority of another domestic or foreign jurisdiction that a licensee has been disciplined in that jurisdiction.\n\n(f) A report made pursuant to the obligation to report imposed by this chapter.\n\nII. Misconduct sufficient to support disciplinary proceedings shall include:\n\n(a) Knowingly or negligently providing inaccurate material information to the board or failing to provide complete and truthful material information upon inquiry by the board, including during the process of applying for a license, license renewal, and license reinstatement.\n\n(b) Any criminal conviction in any jurisdiction, excluding traffic violations, or failure to report such conviction within 30 days.\n\n(c) Violation of the ethical standards adopted by the governing board.\n\n(d) Sexual relations with, or sexual harassment of, a client or patient.\n\n(e) Failure to provide care with reasonable skill, safety and regard for client or patient rights, whether or not the client or patient has suffered injury.\n\n(f) Actual or potential inability to render care with reasonable skill and safety by reason of illness, by reason of use of alcohol or drugs or any other material, or by reason of mental or physical condition.\n\n(g) Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction.\n\n(h) Failure to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state.\n\n(i) Practice without a currently valid license.\n\n(j) Violation of any provision of this chapter, of any governing board's practice act or rule adopted pursuant to RSA 541-A, or of any state or federal law reasonably related to the licensee's authority to practice or ability to practice safely.\n\nIII. Each governing board is authorized to impose sanctions upon a finding of misconduct resulting from disciplinary proceedings or the agreement of the licensee that he or she has engaged in specified misconduct.\n\nIV. Sanctions may include:\n\n(a) License revocation.\n\n(b) License suspension for a specified period of time.\n\n(c) License suspension conditioned on the achievement of specified continuing\n\ncompetency requirements or continuing education, clinical experience or training.\n\n(d) License suspension conditioned on successful participation in specified mental or physical health treatment, a rehabilitative program, counseling, a professional assistance program or in any other program designed to overcome the deficiency or condition in the licensee which appears to have caused the misconduct.\n\n(e) A requirement that the licensee's practice be supervised for a specified period of time by a licensee practicing the same allied health profession.\n\n(f) The imposition of an administrative fine not to exceed $1,000 for:\n\n(1) An act of misconduct by a licensee.\n\n(2) The practice of an allied health profession by a person who was once licensed to practice such profession but does not currently hold a valid license or who is practicing in violation of the conditions upon which he or she is licensed.\n\n(g) The imposition of an administrative fine for continuation of an activity specified in subparagraph (f) in the amount of $100 for each day the activity continues after notice from the board that the activity shall cease.\n\nV. Each governing board is authorized to deny an application for license renewal or reinstatement as an additional sanction.\n\n310:54 Allied Health Professionals; Investigations and Disciplinary Proceedings. RSA 328-F:24 is repealed and reenacted to read as follows:\n\n328-F:24 Investigations and Disciplinary Proceedings.\n\nI. Governing boards may investigate allegations of misconduct by licensees, whether the allegations appear in a written complaint or come to the attention of the board in another way. The form taken by an investigation is a matter within the discretion of the board, which may conduct an investigation on an ex parte basis.\n\nII. Unless used in disciplinary proceedings or required to be disclosed by an order of a court, the following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A:\n\n(a) Complaints received by the board.\n\n(b) Information and records acquired by the board during its investigation.\n\n(c) Reports and records made by the board as a result of its investigation.\n\n(d) Patient or client records, including clinical records, files, oral and written reports relating to diagnostic findings or treatment of licensees' patients or clients and oral and written information from which the identity of licensees' patients or clients or their families can be derived.\n\nIII. Governing boards are authorized to conduct disciplinary proceedings in accordance with procedural rules adopted by the board of directors.\n\nIV. For the purpose of carrying out investigations and disciplinary proceedings, each governing board is authorized to:\n\n(a) Retain qualified experts who are not members of the governing board.\n\n(b) Retain legal counsel when authorized to do so by the attorney general.\n\n(c) Issue subpoenas for persons, relevant documents and relevant things in accordance with the following conditions:\n\n(1) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service.\n\n(2) Subpoenas for documents and things shall not require compliance in fewer than 15 days after receipt of service.\n\n(3) Service shall be made on licensees by certified mail to the address on file with the board or by hand and shall not entitle them to witness or mileage fees.\n\n(4) Service shall be made on persons who are not licensees in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated \"Fees Guaranteed by the New Hampshire Office of Allied Health Professionals.\"\n\nV. The governing board may dismiss allegations of misconduct if the investigation shows the allegations to be without basis in fact or law.\n\nVI. At any time before or during disciplinary proceedings, complaints and issues may be disposed of by written settlement agreement signed by the board and the licensees involved, provided that any complainant shall have the opportunity, before the settlement agreement has been executed, to comment on the terms of the proposed settlement.\n\nVII. Disciplinary proceedings shall be open to the public. Final board actions having the effect of terminating disciplinary proceedings, whether taken before, during or after the completion of the proceedings, shall be set forth in a written record which shall be available to the public after service upon the licensees involved.\n\nVIII. In carrying out disciplinary proceedings, each governing board shall have the authority to:\n\n(a) Hold pre-hearing conferences exempt from the provisions of RSA 91-A.\n\n(b) Appoint a board member or other qualified person as presiding officer.\n\n(c) Administer, and authorize an appointed presiding officer to administer, oaths and affirmations.\n\n(d) Dismiss the proceedings in a written order of dismissal on the basis of:\n\n(1) A finding that there are no significant allegations of misconduct or unauthorized practice.\n\n(2) A finding based on undisputed material facts that the licensees involved did not engage in misconduct or unauthorized practice.\n\n(3) A written settlement agreement signed by the board and the licensees involved.\n\nVII. The governing boards shall have no obligation or authority to appoint or pay the fees of attorneys representing licensees during investigations or disciplinary proceedings.\n\n310:55 Allied Health Professionals; Obligation to Report. RSA 328-F:25 is repealed and reenacted to read as follows:\n\n328-F:25 Obligation to Report; Immunities.\n\nI. Persons and entities regulated by the state, including but not limited to, licensees, insurance companies, health care organizations, and health care facilities shall report to the board of directors and the appropriate governing board any criminal conviction of a licensee or any determination by a regulatory agency indicating that a licensee has violated this chapter or the practice act of the licensee's governing board. Persons and entities so reporting shall be immune from civil liability if the report is made in good faith.\n\nII. Every individual, agency, facility, institution or organization regulated by the state and employing licensed allied health professionals within the state shall report to the appropriate governing board within 30 days any act by a licensee that appears to constitute misconduct. Persons and entities so reporting shall be immune from civil liability if the report is made in good faith.\n\nIII. An administrative fine of $500 shall be imposed on any person or entity failing to make a report required by this section.\n\nIV. Persons submitting to any governing board a complaint of misconduct by its licensee shall be immune from civil liability if the complaint is made in good faith.\n\nV. Persons or entities testifying or providing information or documents to a governing board in connection with an investigation or disciplinary proceeding carried out by the board shall be immune from civil liability if their testimony or actions are made in good faith.\n\nVI. The governing boards shall not disclose the identity of persons or entities that provide information pursuant to this section unless their identities are revealed in the course of disciplinary proceedings or are required to be disclosed by a court of law.\n\n310:56 Allied Health Professionals; Temporary Suspension. Amend RSA 328-F:26 to read as follows:\n\n328-F:26 Temporary Suspension Where Imminent Threat. In cases involving imminent danger to life or health, the governing boards may order suspension of a license pending hearing for a period of no more than [ 120 days] 10 working days, unless the licensee agrees in writing to a longer period. In such cases, the [ basis for the board's finding of imminent danger to life or health shall be reduced to writing and combined with a hearing notice which complies with this chapter. A licensee may be allowed additional time to prepare for a hearing, but any additional time for preparation shall result in an extension of license suspension commensurate with the additional time extended] board shall comply with RSA 541-A:30.\n\n310:57 Allied Health Professionals; Unauthorized Practice. RSA 328-F:27 is repealed and reenacted to read as follows:\n\n328-F:27 Unauthorized Practice.\n\nI. Nothing in this chapter or the practice acts of the governing boards shall be construed to restrict persons licensed under any other laws of this state from engaging in the practice or profession for which they are licensed.\n\nII. Practice of an allied health profession by any person who is not, and was never, licensed to practice such profession shall constitute unauthorized practice. A business which holds itself out, through advertising or in any other way, as providing an allied health service but does not have available to supervise its services an allied health professional licensed to provide the services which the business purports to offer, is engaged in unauthorized practice.\n\nIII. Unauthorized practice is punishable as a misdemeanor on the first offense by an individual or entity, as a misdemeanor on subsequent offenses by an individual, and as a felony on subsequent offenses by an entity.\n\nIV. Each governing board is authorized to issue a cease and desist order against any person or entity engaged in unauthorized practice. The cease and desist order shall be enforceable in superior court.\n\nV. The attorney general, the governing board of the allied health practice affected or the prosecuting attorney of any county or municipality where the act of unauthorized practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unauthorized practice. The action to enjoin shall not replace any other civil, criminal or regulatory remedy. An injunction without bond is available to the governing board of the allied health practice affected.\n\n310:58 Allied Health Professionals; Privileged Communications. Amend RSA 328-F:28 to read as follows:\n\n328-F:28 [ Confidential] Privileged Communications. The confidential [ relations and] communications between [ a practitioner licensed under provisions of this chapter] allied health licensees and [ the patient of such practitioner] their clients or patients are placed on the same legal basis as those [ provided by law] between [ attorney and client] physician and patient, and, except as otherwise provided by law, no [ such] allied health [ practitioner] licensee shall be required to disclose such privileged communications. Confidential [ relations and] communications between a patient or client and any person working under the supervision of [ an allied health practitioner] such licensee that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those [ relations or] communications were with [ such] the supervising [ allied health practitioner] licensee. This section shall not apply to investigations and hearings conducted by the [ board of allied health practitioners, or any other statutorily created health occupational licensing or certifying board conducting licensing, certifying, or disciplinary proceedings] governing boards or by any other agency regulating health professions in the state.\n\n310:59 New Sections; Allied Health Professionals. Amend RSA 328-F by inserting after section 28 the following new section:\n\n328-F:29 Revocation and Voluntary Surrender of Licenses.\n\nI. No license, conditional license, provisional license, renewed license, or reinstated license that has been revoked by the governing board of issuance shall be reinstated or reissued at any time.\n\nII. The practice of an allied health profession by a person whose license, conditional license, provisional license, renewed license, or reinstated license has been revoked constitutes unauthorized practice.\n\nIII. No license, conditional license, provisional license, renewed license, or reinstated license shall be surrendered by the licensee unless the governing board issuing the license accepts its surrender in writing. The governing board may refuse to accept its surrender while the board is investigating possible misconduct by the licensee or disciplinary proceedings involving the licensee are pending.\n\n310:60 Effect of Amendments. Licenses valid under the provisions of RSA 326-C, RSA 328-A, RSA 326-G, RSA 326-E or RSA 326-F on the effective date of this act shall continue to be in effect.\n\n310:61 Podiatry; Examinations. Amend RSA 315:7 to read as follows:\n\n315:7 Examinations. [ Examinations for licenses shall be given by the board, at least twice annually, at such time and place as the board may determine. The examination papers shall contain such questions relating to the subject as the board may deem necessary to determine the qualifications of the applicant for the business.] Successful passage of the National Board of Podiatric Medical Examiners test parts 1 and 2 as well as PM Lexis is required. The board shall keep a record of [ examinations, together with the examination papers, all of which shall be open to public inspection] examination results.\n\n310:62 Podiatry; Licenses. Amend RSA 315:8, IV to read as follows:\n\nIV. All licenses issued by the board shall expire [ one year from the date of issuance] on June 30 of every year and shall be subject to the annual renewal requirements provided in RSA 315:11.\n\n310:63 Podiatry; Fees. Amend RSA 315:15 to read as follows:\n\n315:15 Fees. The board shall establish fees for [ examination of applicants, for licenses] license applications and for renewal of licenses to practice podiatry and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.\n\n310:64 Possessing Prescription Drugs. Amend RSA 318:42, XI to read as follows:\n\nXI. A [ licensed registered] nurse licensed under RSA 326-B who is an employee of a home health care or hospice agency licensed pursuant to RSA 151:2, and [ who is licensed by the board of nursing as a registered nurse] is acting in the course of his or her employment, from possessing[, in the course of employment,] such noncontrolled prescription drugs as are approved by the board of nursing and agreed upon jointly by the board of registration in medicine and the pharmacy board and[, in the course of such employment,] from administering such preapproved noncontrolled prescription drugs according to written protocols approved annually by such employer's professional advisory committee which includes a physician licensed by the board of registration in medicine.\n\n310:65 Repeal. The following are repealed:\n\nI. RSA 328-A:3, V, relative to physical therapy continuing competence.\n\nII. RSA 328-A:5, I(b), relative to physical therapist applications.\n\nIII. RSA 328-A:5, II(b), relative to physical therapist applications.\n\nIV. RSA 328-A:5, II(d)-(f), relative to proof of education for physical therapy practice.\n\nV. RSA 328-A:5, IV(b), relative to physical therapist assistant applications.\n\nVI. RSA 328-A:6, relative to hearings on physical therapist applications.\n\nVII. RSA 328-A:11, VI, relative to use of assistive personnel in physical therapy practice.\n\nVIII. RSA 328-F:14, relative to receipts and disbursements.\n\nIX. RSA 328-F:16, relative to interim licenses.\n\nX. RSA 328-F:17, relative to applicants from other states.\n\nXI. RSA 328-F:22, relative to reinstatement.\n\nXII. RSA 315:4, IV, relative to rulemaking on examinations by the board of podiatry.\n\n310:66 Effective Date. This act shall take effect July 1, 2003.\n\n(Approved: July 21, 2003)\n\n(Effective Date: July 1, 2003)", "in_text": [], "chars": 89180}, "nver": 0, "namd": 0, "rsa": {"RSA 326-C": "/laws/326-c", "RSA 328-F": "/laws/328-f", "RSA 326-B": "/laws/326-b", "RSA 316-A": "/laws/316-a", "RSA 327": "/laws/327", "RSA 541-A": "/laws/541-a", "RSA 326-E": "/laws/326-e", "RSA 329": "/laws/329", "RSA 328-D": "/laws/328-d", "RSA 326-E:1": "/laws/326-e#s1", "RSA 326-F": "/laws/326-f", "RSA 21-N:9": "/laws/21-n#s9", "RSA 326-G": "/laws/326-g", "RSA 326-G:2": "/laws/326-g#s2", "RSA 328-A:2": "/laws/328-a#s2", "RSA 328-A:3": "/laws/328-a#s3", "RSA 328-A:4": "/laws/328-a#s4", "RSA 328-A:5": "/laws/328-a#s5", "RSA 328-A:7": "/laws/328-a#s7", "RSA 328-A:8": "/laws/328-a#s8", "RSA 328-A:9": "/laws/328-a#s9", "RSA 328-A:10": "/laws/328-a#s10", "RSA 328-A:11": "/laws/328-a#s11", "RSA 328-A:12": "/laws/328-a#s12", "RSA 328-A:13": "/laws/328-a#s13", "RSA 328-F:23-26": "/laws/328-f", "RSA 328-A:15": "/laws/328-a#s15", "RSA 91-A": "/laws/91-a", "RSA 328-A": "/laws/328-a", "RSA 328-F:2": "/laws/328-f#s2", "RSA 328-F:3": "/laws/328-f#s3", "RSA 328-F:5": "/laws/328-f#s5", "RSA 328-F:8": "/laws/328-f#s8", "RSA 328-F:9": "/laws/328-f#s9", "RSA 329:18": "/laws/329#s18", "RSA 328-F:10": "/laws/328-f#s10", "RSA 328-F:11": "/laws/328-f#s11", "RSA 328-F:12": "/laws/328-f#s12", "RSA 328-F:13": "/laws/328-f#s13", "RSA 328-F:15": "/laws/328-f#s15", "RSA 328-F:18": "/laws/328-f#s18", "RSA 328-F:19": "/laws/328-f#s19", "RSA 328-F:20": "/laws/328-f#s20", "RSA 328-F:21": "/laws/328-f#s21", "RSA 328-F:23": "/laws/328-f#s23", "RSA 328-F:24": "/laws/328-f#s24", "RSA 328-F:25": "/laws/328-f#s25", "RSA 328-F:26": "/laws/328-f#s26", "RSA 541-A:30": "/laws/541-a#s30", "RSA 328-F:27": "/laws/328-f#s27", "RSA 328-F:28": "/laws/328-f#s28", "RSA 315:7": "/laws/315#s7", "RSA 315:8": "/laws/315#s8", "RSA 315:11": "/laws/315#s11", "RSA 315:15": "/laws/315#s15", "RSA 318:42": "/laws/318#s42", "RSA 151:2": "/laws/151#s2", "RSA 328-A:6": "/laws/328-a#s6", "RSA 328-F:14": "/laws/328-f#s14", "RSA 328-F:16": "/laws/328-f#s16", "RSA 328-F:17": "/laws/328-f#s17", "RSA 328-F:22": "/laws/328-f#s22", "RSA 315:4": "/laws/315#s4"}, "amends": {"RSA 328-A:2": "/laws/328-a#s2", "RSA 328-A:3": "/laws/328-a#s3", "RSA 328-A:5": "/laws/328-a#s5", "RSA 328-A:7": "/laws/328-a#s7", "RSA 328-A:8": "/laws/328-a#s8", "RSA 328-A:9": "/laws/328-a#s9", "RSA 328-A:10": "/laws/328-a#s10", "RSA 328-A:11": "/laws/328-a#s11", "RSA 328-A:12": "/laws/328-a#s12", "RSA 328-A:13": "/laws/328-a#s13", "RSA 328-A:15": "/laws/328-a#s15", "RSA 328-A": "/laws/328-a", "RSA 328-F:2": "/laws/328-f#s2", "RSA 328-F:3": "/laws/328-f#s3", "RSA 328-F:8": "/laws/328-f#s8", "RSA 328-F:9": "/laws/328-f#s9", "RSA 328-F:10": "/laws/328-f#s10", "RSA 328-F:12": "/laws/328-f#s12", "RSA 328-F:21": "/laws/328-f#s21", "RSA 328-F:26": "/laws/328-f#s26", "RSA 328-F:28": "/laws/328-f#s28", "RSA 328-F": "/laws/328-f", "RSA 315:7": "/laws/315#s7", "RSA 315:8": "/laws/315#s8", "RSA 315:15": "/laws/315#s15", "RSA 318:42": "/laws/318#s42", "RSA 328-A:6": "/laws/328-a#s6", "RSA 328-F:14": "/laws/328-f#s14", "RSA 328-F:16": "/laws/328-f#s16", "RSA 328-F:17": "/laws/328-f#s17", "RSA 328-F:22": "/laws/328-f#s22", "RSA 315:4": "/laws/315#s4", "RSA 326-C": "/laws/326-c", "RSA 326-E": "/laws/326-e", "RSA 326-F": "/laws/326-f", "RSA 326-G": "/laws/326-g", "RSA 328-A:4": "/laws/328-a#s4", "RSA 328-F:5": "/laws/328-f#s5", "RSA 328-F:11": "/laws/328-f#s11", "RSA 328-F:13": "/laws/328-f#s13", "RSA 328-F:15": "/laws/328-f#s15", "RSA 328-F:18": "/laws/328-f#s18", "RSA 328-F:19": "/laws/328-f#s19", "RSA 328-F:20": "/laws/328-f#s20", "RSA 328-F:23": "/laws/328-f#s23", "RSA 328-F:24": "/laws/328-f#s24", "RSA 328-F:25": "/laws/328-f#s25", "RSA 328-F:27": "/laws/328-f#s27"}, "changed": ["315:4", "315:7", "315:8", "318:42", "326-C:1", "326-C:2", "326-C:3", "326-C:4", "326-C:5", "326-C:6", "326-C:7", "326-C:8", "326-E:1", "326-E:2", "326-E:3", "326-E:4", "326-E:5", "326-E:6", "326-E:7", "326-E:8", "326-E:9", "326-E:10", "326-E:11", "326-F:1", "326-F:2", "326-F:3", "326-F:4", "326-F:5", "326-F:6", "326-F:8", "326-G:1", "326-G:2", "326-G:3", "326-G:4", "326-G:5", "326-G:6", "328-A:2", "328-A:3", "328-A:4", "328-A:5", "328-A:6", "328-A:7", "328-A:8", "328-A:9", "328-A:10", "328-A:11", "328-A:15", "328-A:15-a", "328-F:3", "328-F:5", "328-F:11", "328-F:14", "328-F:16", "328-F:17", "328-F:21", "328-F:22", "328-F:28"]}