reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:14 - Scope of Practice; Licensed Nursing Assistant.

326-B:14 Scope of Practice;  Licensed Nursing Assistant. –
I. An LNA shall, with or without compensation or personal profit, practice under the supervision of an RN, APRN, or LPN.
II. An LNA is responsible for competency in the nursing assistant curriculum approved by the board.
II-a. An LNA is authorized to administer medication if:
(a) The LNA holds a currently valid certificate of medication administration; or
(b) A licensed nurse delegates the task of medication administration to the LNA who is employed in the home care, hospice, residential care, public school, or adult day care setting. The board, in consultation with the commissioner of health and human services or a designee, shall adopt rules under RSA 541-A establishing standards for such delegation of medication administration which include, but are not limited to, limitations on the number of delegations per assistive personnel, training and competency requirements, documentation requirements, and medication administration error reporting requirements.
III. Following successful completion of the curriculum, a nursing assistant shall be able to:
(a) Form a relationship, communicate, and interact effectively with individuals and groups.
(b) Demonstrate comprehension related to individuals' emotional, mental, physical, and social health needs through skillful, direct nursing-related activities.
(c) Assist individuals to attain and maintain functional independence.
(d) Exhibit behaviors supporting and promoting care recipients' rights.
(e) Demonstrate observational and documenting skills required for reporting of people's health, safety, welfare, physical and mental condition, and general well-being.
(f) Provide safe nursing-related activities under the supervision of an RN or an LPN.
IV. LNAs may perform tasks not addressed in the basic curriculum required for licensure if they obtain additional training in the performance of such tasks through programs approved by the board. Additional tasks may be delegated provided:
(a) The task has been properly delegated to the nursing assistant by the supervising licensed nurse pursuant to RSA 326-B:28.
(b) The task has not been made exempt from nursing assistant practice.
(c) The policies of the employing health care facility allow the delegation of the task to an LNA.
V. Any expansion of the scope of practice shall be adopted by legislation in accordance with RSA 332-G:6.
Source.
2005, 293:1. 2009, 54:4. 2015, 239:1. 2016, 273:2, eff. June 16, 2016. 2020, 6:4, eff. Mar. 9, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:15 - Criminal History Record Checks.

326-B:15 Criminal History Record Checks. –
I. Every applicant for initial licensure shall submit to the board a criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board. The board shall maintain the confidentiality of all criminal history records information received pursuant to this section.
IV. The applicant shall bear the cost of a criminal history record check.
Source.
2005, 293:1. 2007, 303:6. 2008, 268:3, eff. June 26, 2008; 268:4, eff. March 1, 2009. 2018, 318:17, eff. Aug. 24, 2018.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:16 - Licensure; All Applicants.

326-B:16 Licensure;  All Applicants. –
All applicants shall:
I. Submit a completed application and fees as established by the board.
II. Have the ability to read and write in the English language.
III. Report any pending criminal charges, criminal convictions, or plea arrangement in lieu of convictions.
IV. Have committed no acts or omissions which are grounds for disciplinary action as set forth in this chapter, or, if such acts have been committed and would be grounds for disciplinary action, the board has found, after investigation, that sufficient restitution has been made.
V. Meet continuing competence requirements as defined in rules adopted under RSA 541-A.
VI. Meet other criteria as established by the board.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:16-a - License Requirements Suspended; Manchester Veterans Administration Medical Center.

326-B:16-a License Requirements Suspended;  Manchester Veterans Administration Medical Center. –
I. New Hampshire state licensure laws, rules, and regulations for nurses are hereby suspended for those nurses from other states or countries who are employed by the United States Department of Veterans Affairs and who are offering medical services to patients of the Manchester Veterans Administration Medical Center (VAMC) at licensed medical facilities outside of the Manchester VAMC, provided that such nurses are acting within the scope of their employment at the VAMC and possess a current medical license in good standing in their respective state or country of licensure.
II. The acting director of the Manchester VAMC shall submit to the executive director of the New Hampshire office of professional licensure and certification, or designee, a list of all out-of-state or out-of-country nurses offering services in the state of New Hampshire.
III. Nothing in this section shall be construed to preempt or supplant an individual licensed medical facility's policies regarding the emergency credentialing of nurses or any other medical personnel.
Source.
2018, 266:3, eff. June 14, 2018.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:17 - Registered Nurse and Licensed Practical Nurse; Initial License by Examination.

326-B:17 Registered Nurse and Licensed Practical Nurse;  Initial License by Examination. –
I. The board shall administer the examination to applicants for licensure as RN's or LPN's.
II. The board may employ, contract, and cooperate with any entity in the preparation and process for determining results of a valid, reliable, legally defensible and uniform licensure examination. When such an examination is utilized, the board shall restrict access to questions and answers.
III. The board shall determine whether a license examination may be repeated, the frequency of reexamination, and any requisite education prior to reexamination.
IV. An applicant for licensure by examination to practice as an RN or LPN who successfully meets the requirements of this section shall be entitled to licensure as an RN or LPN, whichever is applicable.
V. Applicants for licensure by exam as an RN or LPN shall graduate from or verify successful completion and eligibility for graduation from a board approved nursing education program or a program that meets criteria comparable to those established by the board.
VI. An internationally educated applicant for RN or LPN licensure by examination shall meet the requirements as established by the board.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:18 - Advanced Practice Registered Nurse; Licensure.

326-B:18 Advanced Practice Registered Nurse;  Licensure. –
I. An applicant for initial APRN licensure shall:
(a) Hold a current license as a registered nurse;
(b) Have graduated with a graduate degree earned in an accredited advanced practice registered nurse education program or have graduated before July 1, 2004 from an APRN education program accredited by a national accrediting body;
(c) Be currently certified by a board-recognized national certifying body in the specialty for which the applicant was educated; and
(d) Meet other criteria as established by the board.
II. The board may issue one or more licenses to applicants meeting the qualifications established in paragraph I.
Source.
2005, 293:1. 2009, 54:4, 5, eff. July 21, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:19 - Licensed Nursing Assistant; Licensure by Examination.

326-B:19 Licensed Nursing Assistant;  Licensure by Examination. –
Applicants for an initial LNA license shall:
I. Submit documentation of successful completion and certification from a board approved nursing assistant education program.
II. Pass an examination approved by the board.
III. Meet other criteria as established by the board.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:20 - Registered Nurse and Licensed Practical Nurse; Licensure by Endorsement.

326-B:20 Registered Nurse and Licensed Practical Nurse;  Licensure by Endorsement. –
An applicant for licensure by endorsement to practice as an RN or LPN who is currently licensed or certified in any other state or jurisdiction shall:
I. Hold an active unencumbered license as an RN or LPN.
II. Have committed no acts or omissions which are grounds for disciplinary action in another jurisdiction, or, if such acts have been committed and would be grounds for disciplinary action as set forth in this chapter, the board has found, after investigation, that sufficient restitution has been made.
III. Pass an examination approved by the board.
IV. Submit verification of licensure status directly from the jurisdiction of licensure by examination.
V. Meet other criteria established by the board.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:20-a - Repealed by 2017, 213:2, eff. July 1, 2019.

326-B:20-a Repealed by 2017, 213:2, eff. July 1, 2019. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:21 - Licensed Nursing Assistant; Licensure by Endorsement.

326-B:21 Licensed Nursing Assistant;  Licensure by Endorsement. –
An applicant for licensure by endorsement as a licensed nursing assistant who is currently licensed or certified in any other state or jurisdiction shall:
I. Provide proof of current and original licensing, certification, or nursing assistant registry status;
II. Have committed no acts or omissions which are grounds for disciplinary action as set forth in this chapter, or, if such acts have been committed and would be grounds for disciplinary action, the board has found, after investigation, that sufficient restitution has been made; and
III. Meet other criteria as established by the board.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:21-a - Licensed Nursing Assistant; Licensure by Alternate Experience.

326-B:21-a Licensed Nursing Assistant;  Licensure by Alternate Experience. –
I. A current or former military service member who has been assigned an enlisted occupational skill in any of the Department of Defense branches, including Army, Air Force, Navy, Marines, Coast Guard, or others, qualifying the member to serve as a medical assistant primarily responsible for providing emergency medical treatment at the point of care, limited primary care, and health protection and evacuation from a point of injury or illness, shall be deemed to have taken a board-approved nursing assistant course and may apply for a license as a nursing assistant in New Hampshire. For purposes of this paragraph "occupational skill" shall include Army 68W, Air Force 4N0X1, Navy hospital corpsman HM, Coast Guard health services technician HS, or equivalents as implemented by the Department of Defense. An applicant under this paragraph shall:
(a) Provide proof that the applicant has been assigned an enlisted occupational code of 68W (Army), 4N0X1 (Air Force), Navy hospital corpsman HM, Coast Guard health services technician HS, or equivalents, and that the applicant has used those skills as part of their service in the last 3 years;
(b) Have committed no acts or omissions which are grounds for disciplinary action as set forth in this chapter, or, if such acts have been committed and would be grounds for disciplinary action, the board has found, after investigation, that sufficient restitution has been made; and
(c) Meet other criteria as established by the board.
II. An individual licensed as an emergency medical technician-basic, emergency medical technician-advanced, or paramedic in any United States jurisdiction who presently holds a certification from the National Registry of Emergency Medical Technicians (NREMT), shall be deemed to have taken a board-approved nursing assistant course and may apply for a license as a licensed nursing assistant in New Hampshire. An applicant under this paragraph shall:
(a) Provide proof that the applicant is currently licensed as an emergency medical technician-basic, emergency medical technician-advanced, or paramedic in any United States jurisdiction;
(b) Provide a copy of the applicant's certification from the National Registry of Emergency Medical Technicians;
(c) Have committed no acts or omissions which are grounds for disciplinary action as set forth in this chapter, or, if such acts have been committed and would be grounds for disciplinary action, the board has found, after investigation, that sufficient restitution has been made; and
(d) Meet other criteria as established by the board.
Source.
2021, 97:1, eff. July 1, 2021. 2022, 31:1, eff. July 2, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:22 - License Renewal; All Licensees.

326-B:22 License Renewal;  All Licensees. –
I. All license renewals shall be issued biennially.
II. Any person licensed who intends to continue practicing as a nurse or nursing assistant shall:
(a) By midnight on his or her date of birth in the renewal year submit a completed application and fees as established by the board;
(b) Report any pending criminal charges, criminal convictions, or plea arrangements in lieu of convictions;
(c) Have committed no acts or omissions which are grounds for disciplinary action as set forth in this chapter, or, if such acts have been committed and would be grounds for disciplinary action, the board has found, after investigation, that sufficient restitution has been made;
(d) Meet continuing competence requirements as defined in rules adopted under RSA 541-A;
(e) For those licensees applying for renewal following disciplinary action, comply with all board licensure requirements as well as any specific requirements set forth in the board's discipline order; and
(f) Meet other criteria as established by the board.
III. Failure to renew the license shall result in forfeiture of the ability to practice nursing or nursing activities in the state of New Hampshire.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:23 - License Reinstatement; All Licensees.

326-B:23 License Reinstatement;  All Licensees. –
An individual whose license has lapsed by failure to renew may apply for reinstatement by meeting all requirements for renewal, or satisfying the following conditions:
I. An individual who applies for license reinstatement who does not meet the continuing competence requirements shall demonstrate current nursing or nursing assistant knowledge and skill, as defined in rules adopted by the board under RSA 541-A.
II. For those licensees applying for reinstatement following disciplinary action, compliance with all board licensure requirements as well as any specific requirements set forth in the board's discipline order.
III. Application for reinstatement of a license which has lapsed under this section shall include payment of a reinstatement fee and be made, and granted or denied, in accordance with rules adopted by the board pursuant to RSA 541-A.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:24 - Temporary Licenses; All Licensees.

326-B:24 Temporary Licenses;  All Licensees. –
I. The board shall issue temporary licenses pursuant to this section to applicants who meet entry level licensing requirements in the license category. A temporary license shall expire on the date the board approves or denies the permanent license sought by the holder of the temporary license, or in 180 days, whichever is less.
II. The following applicants for licensure as RNs or LPNs shall be issued temporary licenses:
(a) Unlicensed applicants for licensure under paragraph I and applicants for licensure under RSA 326-B who have met all requirements for licensure except that they have not yet taken the required examination or the results of the examination are not yet available to the board.
(b) If they can demonstrate proficiency in English, currently foreign-licensed applicants for licensure under RSA 326-B who have met all requirements for licensure except that they have not yet taken the required examination or the results of the examination are not yet available to the board.
(c) Applicants for licensure under RSA 326-B who have met all of the requirements of that paragraph and are awaiting the board's decision on their application for permanent licensure.
III. Applicants for licenses as licensed nursing assistants shall be issued temporary licenses if they have passed the examination required pursuant to RSA 326-B:19 and are awaiting the results of the criminal history record check required pursuant to RSA 326-B:15, provided, however, that the applicant within the prior 12 months shall have passed a criminal history record check as part of a nursing assistant education program approved by the board.
IV. Applicants described in paragraph II and III who have received temporary licenses shall practice only under the supervision of an RN currently licensed in New Hampshire.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m. 2017, 202:2, eff. Sept. 3, 2017; 202:4, eff. June 30, 2019. 2022, 85:2, eff. May 20, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:25 - Modified License; Registered Nurse or Licensed Practical Nurse.

326-B:25 Modified License;  Registered Nurse or Licensed Practical Nurse. –
The board may issue a modified license to an individual who has met licensure requirements and who is able to practice without compromising public safety within a modified scope of practice or with accommodations or both as specified by the board.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:26 - Nursing Assistant Registry.

326-B:26 Nursing Assistant Registry. –
The board shall maintain a registry of nursing assistants who qualify pursuant to 42 C.F.R. section 483.156. Nursing assistants who are registered shall comply with all provisions of the Omnibus Budget Reconciliation Act (OBRA) of 1987, sections 1819 and 1919 of the Social Security Act, and all provisions of this chapter.
Source.
2005, 293:1. 2011, 245:3, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:27 - Certificate of Medication Administration for Licensed Nursing Assistants.

326-B:27 Certificate of Medication Administration for Licensed Nursing Assistants. –
I. The board may issue a certificate of medication administration to a current LNA who:
(a) Has participated in and completed a board-approved medication administration education program;
(b) Has passed an examination approved by the board; and
(c) Has paid the certification fee.
II. Certification may be renewed on a biennial basis.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:28 - Delegation of Nursing Activities and Tasks.

326-B:28 Delegation of Nursing Activities and Tasks. –
A nurse holding a currently valid license as an RN or an LPN may delegate specific nursing activities and tasks under the circumstances, and in accordance with the constraints, set forth in rules of the board adopted under RSA 541-A.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:29 - Delegation; Circumstances Not Subject to Disciplinary Action by the Board of Nursing.

326-B:29 Delegation;  Circumstances Not Subject to Disciplinary Action by the Board of Nursing. –
I. A licensee who delegates or has delegated a specific nursing activity or task in compliance with this chapter shall not be subject to disciplinary action because of the performance of the person to whom the nursing activity or task is or was delegated.
II. No person may coerce an RN or an LPN into compromising client safety by requiring the nurse to delegate a nursing activity or task when the nurse determines that it is inappropriate to do so. A licensee shall not be subject to disciplinary action for refusing to delegate or refusing to provide training related to such delegation when the licensee has determined that such delegation may compromise client safety except as provided in RSA 326-B:37, II(h)(2).
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:30 - Obligations of Licensees.

326-B:30 Obligations of Licensees. –
I. In response to board inquiries relevant to a licensee's status or practice of nursing or nursing-related activities, each licensee shall provide complete and truthful information.
II. Each licensee shall notify the board if a license is lost or stolen.
III. Each licensee shall notify the board of a change of name or address.
IV. Each licensee shall report to the board those acts or omissions which are violations of this chapter or grounds for disciplinary action.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m. 2019, 284:3, eff. July 19, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:31 - Continuing Education.

326-B:31 Continuing Education. –
Applicants for license renewal and license reinstatement after lapse shall complete continuing education as follows:
I. An LNA shall complete 12 hours of continuing education in programs approved by the board each year, provided that licensees who hold a certificate of medication administration shall complete at least 4 hours of those 12 hours in medication administration.
II. An LPN or an RN shall complete 30 hours of continuing education every 2 years.
III. An APRN, in addition to the continuing education requirements to renew or reinstate a license as an RN, shall complete 30 hours of continuing education every 2 years, 20 hours of which shall be specific to the specialty for which renewal or reinstatement is sought, and 5 hours of which shall be training in pharmacology appropriate to the specialty for which license renewal or reinstatement is sought.
Source.
2005, 293:1. 2009, 54:4, eff. July 21, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:33 - Duty to Warn of Violent Acts of Client; Civil Liability.

326-B:33 Duty to Warn of Violent Acts of Client;  Civil Liability. –
I. A licensee has a duty to warn of, or to take reasonable precautions to provide protection from, a client's violent behavior when the client has communicated to the licensee, a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims or a serious threat of substantial damage to real property.
II. A licensee shall discharge the duty either by notifying the licensee's supervisor or the treating provider. A psychiatric APRN shall discharge the duty by making reasonable efforts to communicate the threat to the victim or victims, notifying the police department closest to the client's or potential victim's residence, or obtaining civil commitment of the client to the state mental health system.
III. No monetary liability or cause of action based on breach of client privacy, confidentiality, or any other ground shall arise from an act or communication done in a good faith effort to discharge a duty.
Source.
2005, 293:1. 2006, 297:1. 2009, 54:4, eff. July 21, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:34 - Duties of Licensees Relating to Reports of Sexual Relations.

326-B:34 Duties of Licensees Relating to Reports of Sexual Relations. –
I. If, during the course of diagnosis or treatment by a licensee, a client alleges that another mental health counselor or health care practitioner licensed by the board of nursing or another state licensing or certifying agency has engaged with the client in sexual relations, the licensee shall have a duty to inform the client that the act reported by the client may be unprofessional or unethical and may subject the actor to disciplinary action by the actor's licensing or certifying agency.
II. No liability for breach of client confidentiality, slander, or defamation, or other civil or criminal liability, shall arise from the disclosure by a licensee of information related to reported sexual relations between a client and any mental health counselor or health care licensee of a state licensing or certifying agency when the disclosure is made in good faith and made to the board or any other state licensing or certifying agency.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:35 - Privileged Communications Between Licensees and Their Clients.

326-B:35 Privileged Communications Between Licensees and Their Clients. –
I. Confidential communications between licensees and their clients are privileged in the same manner as those provided by law 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 client 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 client.
II. This section shall not apply to disciplinary proceedings conducted by:
(a) The board;
(b) The board of examiners of nursing home administrators under RSA 151-A:11; or
(c) Any other statutorily-created health care occupational licensing board conducting disciplinary proceedings.
III. This section shall not apply to hearings conducted pursuant to RSA 135-C or RSA 464-A.
IV. This section shall also not apply to the release of blood samples and the results of laboratory tests for blood alcohol content taken from a person who is under investigation for driving a motor vehicle while such person was under the influence of intoxicating liquors or controlled drugs. The use and disclosure of such information shall be limited to the official criminal proceedings.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:36 - Emergency Treatment; Assisting the Board; Immunity From Civil Liability.

326-B:36 Emergency Treatment;  Assisting the Board;  Immunity From Civil Liability. –
I. No person licensed to practice under this chapter or under the laws of any other state who, in good faith, renders emergency care at the scene of an emergency, which occurs outside both the place and the course of employment, shall be liable for any civil damages as a result of acts or omissions in rendering such emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care.
II. Any person acting in good faith shall be immune from civil liability to a licensee or an applicant for licensure for making any report or other information available to the board or assisting the board in carrying out any of its duties.
III. Nurses licensed in other states who respond to emergencies in New Hampshire during a civil disaster event shall be immune from civil liability and board action for acts or omissions in rendering such emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:38 - Repealed by 2023, 212:26, III, eff. Oct. 3, 2023.

326-B:38 Repealed by 2023, 212:26, III, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:39 - Repealed by 2023, 212:26, IV, eff. Oct. 3, 2023.

326-B:39 Repealed by 2023, 212:26, IV, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:40 - Injunctive Relief.

326-B:40 Injunctive Relief. –
The attorney general, the board of nursing, any citizen, or the prosecuting attorney of any county or municipality where the act occurs may maintain an action to enjoin a person not currently licensed to do so from practicing, or purporting to practice, nursing or nursing-related activities. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to the board.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:41 - Unlawful Acts.

326-B:41 Unlawful Acts. –
It shall be unlawful for any person or entity to:
I. Sell or fraudulently obtain or furnish any nursing diploma, license, or record, or to aid and abet in such an act.
II. Practice as a licensee without a license or when the license to do so has been revoked or suspended or when the license to do so has lapsed.
III. Use, in connection with the individual's name, any designation tending to imply licensure as an RN, an LPN, or an LNA unless so licensed.
IV. Represent or imply that the person or entity is conducting a nursing education program or a program for the education of nursing assistants which has been approved by the board when the program has not been so approved.
V. Disclose, solicit, or compile information regarding the contents of any licensing examinations relative to this chapter, except as authorized by the board.
Source.
2005, 293:1. 2006, 76:7, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:41-a - Penalty.

326-B:41-a Penalty. –
I. Any person who shall practice or attempt to practice as a registered nurse, advanced practice registered nurse, licensed practical nurse, or licensed nursing assistant in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.
II. Any person who violates any of the other provisions of this chapter shall be guilty of a misdemeanor.
Source.
2006, 76:8. 2009, 54:5, eff. July 21, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:42 - Persons Licensed Under Previous Laws.

326-B:42 Persons Licensed Under Previous Laws. –
Any person authorized to practice nursing by authority of this state as of the effective date of this section shall continue to be licensed under the provisions of this chapter and shall be eligible for license renewal pursuant to this chapter.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:43 - Exemptions.

326-B:43 Exemptions. –
The provisions of this chapter shall not prohibit or limit:
I. The employment in federal government institutions and agencies of nurses who are members of federal agencies and are currently licensed in some state of the United States.
II. The practice of nursing by persons enrolled in nursing programs approved by the board when such practice is part of their program of study.
III. The furnishing of nursing assistance in an emergency.
IV. Nursing services by anyone when done in accordance with the practice of the religious principles or tenets of any well-recognized church or denomination which relies upon prayer or spiritual means alone for healing.
V. The practice of nursing in this state by any nurse currently licensed by another state engaged to accompany and care for a person passing through or temporarily residing in this state, during the period of one visit not to exceed 2 months.
VI. The administration of medications, by any person employed or under contract, to provide direct care to clients receiving community-based services pursuant to RSA 135-C or RSA 171-A, provided that persons delivering such care who administer medications shall have successfully completed a medication administration educational program conducted by an RN and approved by the board under rules adopted pursuant to RSA 541-A. The commissioner of health and human services, in consultation with the board, shall adopt rules under RSA 541-A establishing criteria for the administration of medications, and for the process of approving an RN to conduct the medication administration educational program.
VII. The practice of any nurse currently licensed in another state who is in this state on a non-routine basis to provide nursing consulting services.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:44 - Certified Midwifery Not the Practice of Nursing.

326-B:44 Certified Midwifery Not the Practice of Nursing. –
Midwives certified under RSA 326-D, and practicing midwifery as defined by RSA 326-D:2, V, shall not be construed as practicing nursing.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:45 - Direct Care in Community-Based Services.

326-B:45 Direct Care in Community-Based Services. –
The administration of medications by non-licensees to individuals receiving community-based services pursuant to RSA 135-C or RSA 171-A shall not be construed as practicing nursing.
Source.
2005, 293:1, eff. July 1, 2005 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:45-a - Certain Contract Restrictions Upon Nurses Unenforceable.

326-B:45-a Certain Contract Restrictions Upon Nurses Unenforceable. –
Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a nurse licensed by the board to practice in this state, which includes any restriction to the right of such nurse to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement. The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.
Source.
2018, 322:1, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:47 - Signature Authority of a Advanced Practice Registered Nurse or Certified Midwife.

326-B:47 Signature Authority of a Advanced Practice Registered Nurse or Certified Midwife. –
When a provision of law or rule requires a signature, certification, stamp, verification, affidavit, or endorsement by a physician, that requirement may be fulfilled by an advanced practice registered nurse certified pursuant to this chapter, or a certified nurse midwife acting within his or her scope of practice and within the advanced practice registered nurse-patient relationship. This section shall not be construed to expand the scope of practice of an advanced practice registered nurse or a certified nurse midwife.
Source.
2023, 61:1, eff. July 31, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-C - Occupational Therapists › Section 326-C:2 - Evaluation and Treatment Authorization.

326-C:2 Evaluation and Treatment Authorization. –
Occupational therapy services can be provided without a referral, subject to regulatory and payer requirements.
Source.
2003, 310:1. 2009, 54:5, eff. July 21, 2009. 2023, 37:2, eff. July 18, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-C - Occupational Therapists › Section 326-C:3 - Prohibition on Unauthorized Practice; Professional Identification.

326-C:3 Prohibition on Unauthorized Practice;  Professional Identification. –
I. 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.
II. 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.
Source.
2003, 310:1, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-C - Occupational Therapists › Section 326-C:4 - Coercion Prohibited.

326-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.
Source.
2003, 310:1, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-C - Occupational Therapists › Section 326-C:5 - Eligibility for Licensure.

326-C:5 Eligibility for Licensure. –
I. An applicant shall possess the following qualifications to be licensed:
(a) Be at least 17 years of age.
(b) Be of good moral character.
(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.
(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.
(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.
(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.
II. 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.
III. 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.
IV. No person shall practice occupational therapy in this state unless licensed under this chapter, provided that nothing in this chapter shall be construed to restrict a person licensed under any law of this state from engaging in the profession or practice for which that person is licensed.
Source.
2003, 310:1, eff. July 1, 2003. 2023, 37:4, eff. July 18, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-C - Occupational Therapists › Section 326-C:6 - Renewal of License.

326-C:6 Renewal of License. –
I. Persons licensed as occupational therapists or occupational therapy assistants are eligible for renewal of their licenses if they:
(a) Have not violated this chapter or RSA 328-F or demonstrated poor moral character.
(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.
II. The board shall approve continuing education programs approved through the American Occupational Therapy Association's approved provider program.
Source.
2003, 310:1, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-C - Occupational Therapists › Section 326-C:7 - Rulemaking.

326-C:7 Rulemaking. –
The board shall adopt rules pursuant to RSA 541-A specifying:
I. The requirements and use of occupational therapy techniques involving ultrasound or electrical physical agent modalities by occupational therapy practitioners;
II. The requirements for supervision of licensed occupational therapy assistants by licensed occupational therapists; and
III. The use and supervision of non-licensed persons providing supportive services to licensed occupational therapists or occupational therapy assistants.
Source.
2003, 310:1, eff. July 1, 2003. 2021, 41:1, eff. July 16, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-C - Occupational Therapists › Section 326-C:8 - Physical Agent Modalities.

326-C:8 Physical Agent Modalities. –
I. An occupational therapist who is licensed under this chapter and who has been trained may utilize occupational therapy techniques involving ultrasound or electrical physical agent modality devices.
II. An occupational therapy assistant who is licensed under this chapter may apply ultrasound or electrical physical agent modality devices if he or she:
(a) Works under the supervision of a qualified occupational therapist who is licensed under this chapter; and
(b) Has been trained to utilize occupational therapy techniques involving ultrasound or electrical agent modality devices.
Source.
2003, 310:1, eff. July 1, 2003. 2021, 41:2, eff. July 16, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-D - Midwifery › Section 326-D:1 - Purpose.

326-D:1 Purpose. –
I. The general court finds that the practice of midwifery has been a part of the culture and tradition of New Hampshire since colonial days and that it is in the public interest to remove impediments to the practice of midwifery.
II. For personal and economic reasons some New Hampshire citizens will have home births. It is the intent of the general court to preserve the rights of women to deliver children at home, to remove obstacles to safe out-of-hospital deliveries, and to assure quality care.
III. The general court further finds that childbirth is a culmination of pregnancy and is a natural process rather than an illness.
IV. The general court acknowledges that the services of a certified midwife are a reasonable alternative for healthy pregnant women.
V. The general court hereby intends that the scope of practice of midwifery shall be modeled on The International Definition of Midwifery as accepted by the World Health Organization and the International Confederation of Midwives. However, in no event shall the scope of midwifery practice exceed the parameters of the definition of "midwifery" under RSA 326-D:2, V.
Source.
1999, 213:8, eff. July 6, 1999.