reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:8 - Inspection; Board; Duties; Authority for Appointments.

325-A:8 Inspection;  Board;  Duties;  Authority for Appointments. –
I. The board shall at least once every 3 years inspect or provide for the inspection of any crematory operated by a crematory authority licensed under this chapter in such manner and at such times as provided in rules adopted by the board.
II. The board shall issue an inspection report and provide a copy of the report to the crematory authority within 10 working days after the completion of an inspection. The board shall review any findings of noncompliance contained in such report within 20 working days after such inspection.
III. If the board determines, after such review, that the evidence supports a finding of noncompliance by a crematory authority with any applicable provisions of this chapter or rules adopted under this chapter, the board may send a letter to the crematory authority requesting a statement of compliance. The letter shall include a description of each alleged violation, a request that the crematory authority submit a statement of compliance within 10 working days, and a notice that the board may take further action if the statement of compliance is not submitted. The statement of compliance shall indicate any actions by the crematory authority which have been or will be taken and the period of time estimated to be necessary to correct each alleged violation. If the crematory authority fails to submit such statement of compliance or fails to make a good faith effort to correct the alleged violations, the board may take further action as provided in this chapter.
IV. (a) The board may appoint technical advisors or other investigators to assist with any investigation or adjudication, and may, with the approval of the attorney general, appoint legal counsel for such purposes.
(b) To the extent the board lacks budgeted funds to conduct a significant investigation or adjudication, it may, with the approval of the attorney general, petition governor and council to receive funds not otherwise appropriated in order to retain professional advisors in the proceeding.
(c) If the governor and council approve the use of funds not otherwise appropriated, the governor is authorized to issue a warrant for the approved amount out of any moneys in the treasury not otherwise appropriated. The board shall then promptly increase its licensing fees to the extent necessary to repay the amount advanced to the general fund during the next fiscal year by means of a fee surcharge.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:9 - Repealed by 2023, 212:16, I, eff. Oct. 3, 2023.

325-A:9 Repealed by 2023, 212:16, I, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:10 - Repealed by 2023, 212:16, II, eff. Oct. 3, 2023.

325-A:10 Repealed by 2023, 212:16, II, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:11 - Deny or Refuse to Renew License; Grounds.

325-A:11 Deny or Refuse to Renew License;  Grounds. –
The board may deny or refuse to renew a license under this chapter or take disciplinary action against a crematory authority licensed under this chapter as provided in RSA 325-A:12 on any of the following grounds:
I. Violation of this chapter or rules adopted and pursuant to this chapter;
II. Conviction of any crime involving moral turpitude;
III. Conviction of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction which, if committed within this state, would have constituted a misdemeanor or felony and which has a rational connection with the fitness or capacity of the crematory authority to operate a crematory;
IV. Conviction of a violation pursuant to RSA 325-A:15;
V. Obtaining a license as a crematory authority by false representation or fraud;
VI. Misrepresentation or fraud in the operation of a crematory; or
VII. Failure to allow access by an agent or employee of the board to a crematory operated by the crematory authority for the purposes of inspection, investigation, or other information collection activities necessary to carry out the duties of the board.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:12 - Repealed by 2023, 212:16, III, eff. Oct. 3, 2023.

325-A:12 Repealed by 2023, 212:16, III, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:13 - Repealed by 2023, 212:16, IV, eff. Oct. 3, 2023.

325-A:13 Repealed by 2023, 212:16, IV, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:14 - License Reinstatement or Relicensure.

325-A:14 License Reinstatement or Relicensure. –
I. If the license of a crematory authority has lapsed for nonpayment of fees, such license shall be eligible for reinstatement at any time upon application to the board and payment of the applicable fee as provided in RSA 325-A:7.
II. If the license of a crematory authority has been placed on probation, such license shall be eligible for reinstatement at the end of the period of probation upon successful completion of an inspection if the board determines an inspection is warranted.
III. If the license of a crematory authority has been suspended, such license shall be eligible for reinstatement at the end of the period of suspension upon successful completion of an inspection and payment of the applicable fee as provided in RSA 325-A:7.
IV. If the license of a crematory authority has been suspended, such license may be reinstated by the board prior to the completion of the term of suspension upon petition by the licensee. After reviewing such petition and any material submitted by the licensee with such petition, the board may order an inspection or investigation of the licensee. Based on such review and such inspection or investigation, if any, the board shall grant full reinstatement of the license, modify the suspension, or deny the petition for reinstatement. The board's decision shall become final 30 days after mailing the decision to the licensee unless the licensee requests a hearing within such period. Any requested hearing shall be held according to rules of the board.
V. If the license of a crematory authority has been revoked, such crematory authority shall not be eligible for relicensure until 5 years after the date of such revocation. A reapplication for an initial license may be made by the crematory authority at the end of such 5-year period.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:15 - Acts Prohibited; Penalty.

325-A:15 Acts Prohibited;  Penalty. –
I. Maintaining or operating a crematory in violation of this chapter or any rules of the board is a public nuisance and may be abated as a nuisance as provided by law.
II. It shall be a felony to establish, operate, or maintain a crematory subject to this chapter without being licensed as a crematory authority under this chapter, to hold oneself out to the public as a crematory authority without being licensed, or to perform a cremation without a cremation authorization form signed by the authorizing agent and a completed permit for transit or cremation as provided by the board or a cremation permit.
III. Signing a cremation authorization form with actual knowledge that the form contains false, incorrect, or misleading information is a felony.
IV. A violation of any other provision of this chapter is a misdemeanor.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:16 - Injunctions.

325-A:16 Injunctions. –
The board may maintain an action in the name of the state for an injunction against any person for establishing, operating, or maintaining a crematory without first obtaining a license as a crematory authority under this chapter. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, establish, operate, or maintain a crematory without obtaining a license as a crematory authority under this chapter, without alleging any further or more particular facts concerning the same.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:17 - Right to Authorize Cremation.

325-A:17 Right to Authorize Cremation. –
The right to authorize the cremation of human remains and the final disposition of the cremated remains, except in the case of a minor and unless other directions have been given by the decedent in the form of a testamentary disposition or a pre-need contract, vests pursuant to RSA 290.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:18 - Medical Examiner's Certificate.

325-A:18 Medical Examiner's Certificate. –
I. The body of a deceased person shall not be cremated within 48 hours after his or her decease unless he or she died of a contagious or infectious disease. If the death occurred within the state, the body shall not be cremated by the crematory authority until the crematory authority has received the certificate of burial permit required by law before burial, and a certificate from a medical examiner that he or she has viewed the body and made personal inquiry into the cause and manner of death, and is of the opinion that no further examination or judicial inquiry concerning the same is necessary. If the death occurred within the state but the body is being transferred out of state for cremation, the transfer shall not occur until the medical examiner has conducted such a view and inquiry and has issued a certificate. If the death occurs without the state, the reception and cremation of the body of a deceased person shall be governed by rules adopted by the board after consultation with the chief medical examiner.
II. The crematory authority shall forward a copy of the cremation certificate to the office of the chief medical examiner, accompanied by a $60 fee. The fee shall be deposited in the medico-legal investigative fund established pursuant to RSA 611-B:28.
Source.
2006, 288:2. 2007, 324:16. 2008, 197:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:19 - Crematory Authority.

325-A:19 Crematory Authority. –
I. A crematory authority upon receiving human remains shall sign a delivery receipt form and shall hold the human remains, prior to cremation, as provided in this section. The form shall include the name of the deceased, the time and date of delivery of such remains, and the signatures of the owner of the crematory or his or her representative and the funeral director or his or her representative, or the next-of-kin or designated agent as provided in RSA 290.
II. If a crematory authority is unable to cremate the human remains immediately upon taking receipt thereof, the crematory authority shall place the human remains in a holding facility. A holding facility shall be designed and constructed to comply with all applicable public health laws, provide for the health and safety of persons employed at such facility, and prevent any unauthorized access to such facility.
III. A crematory authority may refuse to accept for holding an alternative container or casket from which there is any evidence of leakage of the body fluids from the human remains in the container.
IV. If human remains received by the crematory authority are not embalmed, such remains shall be held no longer than 24 hours from the time of death unless the human remains are placed within a refrigerated facility in accordance with the laws of this state.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:20 - Crematory Operation; Limitations.

325-A:20 Crematory Operation;  Limitations. –
I. No person shall be permitted in a crematory, unless authorized by the crematory authority, while any human remains are in the crematory awaiting cremation, being cremated, or being removed from the cremation chamber.
II. The human remains of more than one person shall not be simultaneously cremated within the same cremation chamber unless the crematory authority has received specific written authorization from the authorizing agent for the human remains to be so cremated.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:21 - Crematory Authority; Requirements.

325-A:21 Crematory Authority;  Requirements. –
I. A crematory authority shall not accept human remains for cremation without a proper label placed on the exterior of the alternative container or casket indicating the name of the deceased and the name and location of the funeral establishment, or the name of the next-of-kin or designated agent as provided in RSA 290.
II. No crematory authority shall make or enforce any rules requiring that human remains be placed in a casket before cremation or that human remains be cremated in a casket. No crematory authority shall refuse to accept human remains for cremation if the human remains are not in a casket.
III. No crematory authority shall accept human remains for cremation unless the human remains are delivered to the crematory authority in an alternative container or casket or delivered to the crematory authority's holding facility to be placed in an alternative container or casket. Human remains delivered to a crematory in an alternative container shall not be removed from the alternative container, and the alternative container shall be cremated with the human remains. A crematory authority may refuse a noncombustible casket or any other container that is not an alternative container or a casket or container that is not labeled as required under paragraph I.
IV. An alternative container shall:
(a) Be composed of readily combustible materials suitable for cremation;
(b) Be able to be closed to provide for complete encasement of the human remains;
(c) Be resistant to leakage or spillage;
(d) Be rigid enough for easy handling; and
(e) Provide protection for the health and safety of persons handling such container.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:22 - Cremation Authorization Form.

325-A:22 Cremation Authorization Form. –
I. A crematory authority shall not cremate human remains until it has received a cremation authorization form as provided in paragraph II, a completed and executed permit for transit or cremation as provided by the board or the appropriate cremation permit from the state from which the human remains were delivered, indicating that the human remains are to be cremated, and a delivery receipt form.
II. A cremation authorization form shall be signed by the authorizing agent and shall include, but not be limited to, the following information:
(a) The name of the deceased;
(b) Date and place of death;
(c) The identity of the funeral director involved in the preparation of the human remains for cremation, if any;
(d) Notification that the death did or did not occur from a disease declared by the board to be infectious, contagious, communicable, or dangerous to the public health;
(e) The name of the authorizing agent and the relationship between the authorizing agent and the deceased;
(f) Authorization by the authorizing agent for the crematory authority to cremate the human remains;
(g) A representation that the authorizing agent is aware of no objection to the human remains being cremated by any person who has a right to control the disposition of the human remains;
(h) A representation that the human remains do not contain any material, implants, or conditions that may be potentially hazardous to equipment or persons performing the cremation;
(i) The name of the person authorized to claim the cremated remains from the crematory authority; and
(j) The intended disposition of the cremated remains.
III. A crematory authority shall retain, for at least 7 years after the cremation, in printed or electronic format with suitable backup, copies of the cremation authorization form, permit for transit or cremation as provided by the board or cremation permit, cremated remains receipt form, delivery receipt form, and any other records required under this chapter.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:23 - Signature.

325-A:23 Signature. –
I. Any person signing a cremation authorization form shall be deemed to warrant the truthfulness of any facts set forth on such form, including the identity of the deceased whose remains are sought to be cremated and the authority of the person to authorize such cremation. Any person signing a cremation authorization form is personally liable for all damages resulting from false, incorrect, or misleading information contained on such form.
II. A crematory authority may cremate human remains upon the receipt of a cremation authorization form signed by an authorizing agent and a completed and executed permit for transit or cremation or cremation permit as required by law.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:24 - Potentially Hazardous Conditions.

325-A:24 Potentially Hazardous Conditions. –
I. No human remains shall be cremated with the knowledge that the human remains contain a pacemaker or defibrillator or other potentially hazardous implant or condition. The authorizing agent shall take all necessary steps to ensure that any such hazardous implant or condition is removed or corrected prior to cremation. If an authorizing agent informs the funeral director and the crematory authority on the cremation authorization form of the presence of such potentially hazardous implant or condition in the human remains, the funeral director shall ensure that all necessary steps have been taken to remove or correct the implant or condition before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal or correction of the hazardous implant or condition prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with hazardous implants or conditions are in the custody of a crematory authority, such authority shall have the hazardous implants or conditions removed or corrected by a licensed funeral director and embalmer or a licensed embalmer at a funeral establishment within an embalming preparation room, or at a medical facility by appropriate medical personnel, or at the crematory by an assistant deputy medical examiner of the department of justice.
II. No human remains shall be cremated with the knowledge that the human remains contain jewelry or other valuables unless authorized by the authorizing agent. The authorizing agent shall take all necessary steps to ensure that any jewelry or other valuables are removed prior to cremation. If the authorizing agent informs the funeral director and the crematory authority on the cremation authorization form of the presence of jewelry or other valuables on the human remains, the funeral director shall ensure that all necessary steps have been taken to remove the jewelry or other valuables before delivering the human remains to the crematory. A funeral director who knowingly fails to ensure the removal of the jewelry or other valuables prior to delivery and who knowingly delivers such human remains shall be liable for any damages resulting from such failure. If human remains with jewelry or other valuables are in the custody of a crematory authority, such authority shall provide for the removal of such jewelry or other valuables by a licensed funeral director and embalmer or his or her agent.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:25 - Disputes.

325-A:25 Disputes. –
I. If a crematory authority or funeral establishment is aware of any dispute concerning the cremation of human remains, or has a reasonable basis to believe that such a dispute exists or to question any of the representations made by the authorizing agent with respect to such remains, until the crematory authority receives a court order that a dispute with respect to such remains has been settled, the crematory authority or funeral establishment may refuse to accept such human remains for cremation or to perform a cremation of such remains.
II. If a crematory authority or funeral establishment is aware of any dispute concerning the release or disposition of cremated remains, the crematory authority or funeral establishment may refuse to release cremated remains until the dispute has been resolved or the crematory authority or funeral establishment has been provided with a court order authorizing the release or disposition of the cremated remains.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:26 - Cremated Remains; How Treated.

325-A:26 Cremated Remains;  How Treated. –
I. Insofar as is possible, upon completion of the cremation, all of the recoverable residue of the cremation shall be removed from the cremation chamber and any foreign matter or anything other than bone fragments shall be removed from such residue and shall be disposed of by the crematory authority. The remaining bone fragments shall be processed by pulverization so as to reduce the fragments to unidentifiable particles. This paragraph shall not apply when the commingling of human remains during cremation is otherwise authorized by law. The presence of incidental and unavoidable residue in the cremation chamber from a prior cremation is not a violation of this paragraph.
II. The cremated remains with proper identification shall be placed in a temporary container or permanent container selected or provided by the authorizing agent. The cremated remains shall not be contaminated with any other object unless specific written authorization to the contrary has been received from the authorizing agent.
III. If the entirety of the cremated remains will not fit within a temporary container or permanent container, then the remainder of such remains shall be returned to the authorizing agent or his or her representative in a separate container with proper identification.
IV. If the cremated remains are to be shipped, the temporary container or permanent container shall be packed securely in a suitable shipping container that complies with the requirements of the shipper. Unless otherwise directed in writing by the authorizing agent, cremated remains shall be shipped only by a method which includes an internal tracking system and which provides a receipt signed by the person accepting delivery of such remains.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:27 - Cremated Remains; Final Disposition.

325-A:27 Cremated Remains;  Final Disposition. –
I. For purposes of this chapter, the delivery of the cremated remains to the authorizing agent or his or her representative shall constitute final disposition. If, after a period of 60 days after the date of cremation, the authorizing agent or his or her representative has not directed or otherwise arranged for the final disposition of the cremated remains or claimed the cremated remains for final disposition as provided in this section, the crematory authority or the funeral establishment in possession of the cremated remains may dispose of the cremated remains after making a reasonable attempt to contact the authorizing agent or his or her representative. This method of disposition may be used by any crematory authority or funeral establishment to dispose of all cremated remains in the possession of a crematory authority or funeral establishment on or after the effective date of this chapter.
II. Cremated remains shall be delivered or released by the crematory authority to the representative specified by the authorizing agent on the cremation authorization form. The owner of the crematory authority or his or her representative and the party receiving the cremated remains shall sign a cremated remains receipt form. The form shall include the name of the deceased, the date, time, and place of receipt of the cremated remains, and the signatures of the owner of the crematory or his or her representative and the authorizing agent or his or her representative. If the cremated remains are shipped, a form used by the shipper may be used in lieu of a completed cremated remains receipt form if the shipper's form contains the information required for a cremated remains receipt form. Both the party delivering such remains and the party receiving such remains shall retain a copy of the cremated remains receipt form or shipper's form. Upon delivery, the cremated remains may be further transported within this state in any manner without a permit.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:28 - Rulemaking.

325-A:28 Rulemaking. –
The board shall adopt rules, pursuant to RSA 541-A relative to:
I. Procedures for licensure of crematory authorities.
II. Establishing all required fees.
III. The content of all forms.
IV. Conditions under which human remains of persons whose death was caused by a disease declared by the board to be infectious, contagious, communicable, or dangerous to the public health may be transported in this state to a crematory for the purpose of cremation. The board shall consult with the chief medical examiner on rules adopted under this paragraph.
V. Minimum sanitation standards for all crematories.
VI. Inspection procedures for crematories as required under RSA 325-A:8.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:29 - Crematory Authority; Bylaws.

325-A:29 Crematory Authority;  Bylaws. –
A crematory authority may enact reasonable bylaws not inconsistent with this chapter for the management and operation of a crematory operated by such authority. Nothing in this section shall prevent a crematory authority from enacting bylaws which contain more stringent requirements than those provided in this chapter.
Source.
2006, 288:2, eff. July 1, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 325-A - Cremation of Human Remains › Section 325-A:30 - Chapter Construed.

325-A:30 Chapter Construed. –
I. This chapter shall be construed and interpreted as a comprehensive cremation law, and the provisions of this chapter shall take precedence over any existing laws or rules that govern human remains that do not specifically address cremation.
II. The disposal of human remains through a reductive process utilizing alkaline hydrolysis is prohibited.
Source.
2006, 288:2. 2008, 262:1, eff. June 26, 2008.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:1 - Purpose.

326-B:1 Purpose. –
In order to safeguard the life, health, and public welfare of the people of New Hampshire and in order to protect the people of the state from the unauthorized, unqualified, and improper application of services by individuals in the practice of nursing, it is necessary that a regulatory authority be established and adequately funded. To further this policy, the practice of nursing shall be regulated through the New Hampshire board of nursing, and such board shall have the power to enforce the provisions of this chapter. Licensees under this chapter are accountable to clients, the nursing profession, and the board for complying with the requirements of this act and the quality of nursing care rendered, and for recognizing limits of knowledge and experience and planning for management of situations beyond the licensee's experience.
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:4 - Powers and Duties of the Board.

326-B:4 Powers and Duties of the Board. –
The board may:
I. Establish reasonable and uniform standards for nursing practice consistent with the criteria identified by the National Council of State Boards of Nursing.
II. Provide consultation regarding nursing practice for institutions and agencies.
III. Examine, license, and renew the licenses of duly qualified individuals. The board shall select an appropriate nationally approved licensing examination.
IV. Gather and report to the public statistical information regarding, but not limited to, the education and licensure of registered and practical nurses.
V. [Repealed.]
VI. [Repealed.]
VII. Determine and enforce appropriate disciplinary action against all individuals found guilty of violating this chapter or the rules adopted under this chapter.
VIII. Deny or withdraw approval of nursing educational programs that do not meet the minimum requirements of this chapter.
IX. Maintain records of proceedings as required by the laws of New Hampshire.
X. Conduct conferences, forums, studies, and research on nursing practice and education.
XI. [Repealed.]
XII. [Repealed.]
XIII. Establish and collect fees, under rules adopted by the board under RSA 541-A, relative to applicants seeking any type of license issued by the board under this chapter, including fees for applications for temporary licenses, reinstatement of inactive licenses, licenses by examination, and renewal of licenses, as well as fees for verifying license status, program graduation, or computerized lists, and fees for site visits associated with nursing education programs under RSA 326-B:32.
XIV. In accordance with state due process laws, limit the multistate licensure privilege of any registered nurse or licensed practical nurse to practice in New Hampshire and may take any other actions under applicable state laws necessary to protect the health and safety of New Hampshire citizens. If the board does take such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such action taken by the state of New Hampshire.
XV. Establish a liaison committee, a practice and education committee, and such additional subcommittees as may be appropriate to assist the board in the performance of its duties.
Source.
2005, 293:1. 2008, 179:1. 2015, 276:108, VII, eff. July 1, 2015. 2023, 212:25, 26, I, eff. Oct. 3, 2023; 235:4, eff. July 15, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:5 - Repealed by 2015, 276:108, VIII, eff. July 1, 2015.

326-B:5 Repealed by 2015, 276:108, VIII, eff. July 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:6 - Collection and Expenditure of Funds.

326-B:6 Collection and Expenditure of Funds. –
The office of professional licensure and certification shall receive and expend funds provided such funds are received and expended for the pursuit of the objectives authorized by this chapter. Fees collected shall be deposited in the office of professional licensure and certification fund. Fines and administrative charges, including those related to RSA 326-B:26, shall be deposited in the general fund.
Source.
2005, 293:1. 2011, 245:2. 2015, 276:70, eff. July 1, 2015. 2018, 330:7, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:7 - Repealed by 2011, 245:4, I, eff. July 1, 2011.

326-B:7 Repealed by 2011, 245:4, I, eff. July 1, 2011. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:8 - Fees; Charges.

326-B:8 Fees;  Charges. –
I. The board shall charge fees for the issuance, renewal, and reinstatement of all licenses, specialty licenses, and specialty certificates authorized by this chapter.
II. The board may provide the following services and make administrative charges for:
(a) The administration of examinations required by this chapter.
(b) Verification of licensure status.
(c) The sale of lists of licensees who have given their written authorization to have their names included on such lists.
(d) The actual costs of a criminal conviction record check required pursuant RSA 326-B:15.
(e) The actual cost of collection of statistical data provided to private entities.
(f) Site visits associated with nursing education programs under RSA 326-B:32.
Source.
2005, 293:1. 2008, 179:2, eff. Aug. 10, 2008. 2019, 284:1, eff. July 19, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:9 - Rulemaking Authority.

326-B:9 Rulemaking Authority. –
The board shall adopt rules, in accordance with RSA 541-A, relative to the following:
I. Eligibility requirements for the issuance of all initial, temporary, and renewal licenses, specialty licenses, and certificates issued by the board, including the issuance of such licenses to applicants holding a currently valid license or other authorization to practice in another jurisdiction.
II. Eligibility requirements for the reinstatement of licenses after lapse and after disciplinary action.
III. Recognition of national certifying bodies issuing specialty certifications required for licensure as an APRN which shall also be recognized by the National Council of State Boards of Nursing.
IV. The standards to be met by, and the process for approval of, education programs designed to prepare applicants to qualify for licensure or certification in any of the disciplines regulated by the board under RSA 326-B:32, including the time period within which noncompliance must be corrected before such approval is withdrawn.
V. The standards to be met by, and the process for approval of, education programs designed to prepare LPNs in intravenous therapy and by programs designed to prepare LNAs to perform tasks not addressed in the basic curriculum required for licensure.
VI. The determination of disciplinary sanctions authorized by this chapter, including the determination of administrative fines.
VII. The administration of examinations authorized by this chapter, and the manner in which information regarding the contents of any licensing examinations may be disclosed, solicited, or compiled.
VIII. Ethical standards for the practice of nursing and nursing-related activities.
IX. Continuing competence requirements.
X. Designations that may be used by persons regulated by the board and retired persons regulated by the board.
XI. The implementation and coordination of the nurse licensure compact adopted in RSA 326-B:46. The board shall use model rules developed for the nurse licensure compact by the National Council of State Boards of Nursing as the basis for adopting rules which shall be modified as necessary to comply with state statutes.
XII. Prescribing controlled drugs pursuant to RSA 318-B:41.
XIII. A process for registering practitioners who have been granted a special registration to prescribe controlled substances via telemedicine pursuant to 21 U.S.C. section 831(h).
XIV. The implementation of strategies and procedures necessary to increase the acceptance of military training and experience towards licensure for military veterans seeking to be licensed as a nurse. For the purposes of this subparagraph, "veterans" means veterans as defined in 38 U.S.C. section 101(2).
Source.
2005, 293:1. 2008, 179:3. 2009, 54:4. 2016, 213:4, eff. June 7, 2016. 2020, 27:10, eff. July 21, 2020; 34:12, eff. Sept. 26, 2020. 2021, 197:93, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:9-a - Completion of Survey; Rulemaking.

326-B:9-a Completion of Survey;  Rulemaking. –
I. The board shall adopt rules, pursuant to RSA 541-A, for APRNs only requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.
II. The board shall adopt rules, pursuant to RSA 541-A, for RNs and LPNs only requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the National Council of State Boards of Nursing regarding minimum data sets. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.
Source.
2017, 131:5, eff. June 16, 2017. 2019, 254:7, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:11 - Scope of Practice and Authority; Advanced Practice Registered Nurse.

326-B:11 Scope of Practice and Authority;  Advanced Practice Registered Nurse. –
I. Advanced practice registered nursing shall consist of a combination of knowledge and skills acquired in basic nursing education. The APRN scope of practice, with or without compensation or personal profit, shall be limited to:
(a) Performing acts of advanced assessment, diagnosing, prescribing, selecting, administering, and providing therapeutic measures and treatment regimes;
(b) Obtaining consultation, planning, and implementing collaborative management, referral, or transferring the care of the client as appropriate; and
(c) Providing such functions for which the APRN is educationally and experientially prepared and which are consistent with standards established by a national credentialing or certification body recognized by the National Council of State Boards of Nursing and approved by the board in the appropriate APRN role and specialty.
II. An APRN shall practice within standards consistent with standards established by a national credentialing or certification body recognized by the National Council of State Boards of Nursing and approved by the board in the appropriate APRN role and specialty. The board shall not approve a new advanced practice specialty category that has not been developed by a national credentialing or certifying body recognized by the National Council of State Board of Nursing without approval of the legislature under RSA 332-G:6. Each APRN shall be accountable to clients and the board:
(a) For complying with this chapter and the quality of advanced nursing care rendered;
(b) For recognizing limits of knowledge and experience and planning for the management of situations beyond the APRN's expertise; and
(c) For consulting with or referring clients to other health care providers as appropriate.
III. An APRN shall have plenary authority to possess, compound, prescribe, administer, and dispense and distribute to clients controlled and non-controlled drugs within the scope of the APRN's practice as defined by this chapter. Such authority may be denied, suspended, or revoked by the board after notice and the opportunity for hearing, upon proof that the authority has been abused.
IV. Any expansion of the scope of practice shall be adopted by legislation in accordance with RSA 332-G:6.
Source.
2005, 293:1. 2009, 54:3, 5, eff. July 21, 2009. 2019, 284:2, eff. July 19, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 326-B - Nurse Practice Act › Section 326-B:12 - Scope of Practice; Registered Nurse.

326-B:12 Scope of Practice;  Registered Nurse. –
I. An RN shall, with or without compensation or personal profit, practice nursing that incorporates caring for all clients in all settings, is guided by nursing standards consistent with standards established by the National Council of State Boards of Nursing and approved by the board, and shall be limited to:
(a) Providing comprehensive nursing assessment of the health status of clients, families, groups, and communities.
(b) Collaborating with a health care team to develop an integrated client-centered plan of health care.
(c) Developing a plan of nursing strategies to be integrated within the client-centered health care plan that establishes nursing diagnoses, setting goals to meet identified health care needs, prescribing nursing interventions, and implementing nursing care through the execution of independent nursing strategies and prescribed medical regimen.
(d) Delegating and assigning nursing interventions to implement the plan of care.
(e) Providing for the maintenance of safe and effective nursing care rendered directly or indirectly.
(f) Promoting a safe and therapeutic environment.
(g) Providing health teaching and counseling to promote, attain, and maintain the optimum health level of clients, families, groups, and communities.
(h) Advocating for clients, families, groups, and communities by attaining and maintaining what is in the best interest of the client or group.
(i) Evaluating responses to interventions and the effectiveness of the plan of care.
(j) Communicating and collaborating with other health care professionals in the management of health care and the implementation of the total health care regimen within and across care settings.
(k) Acquiring and applying critical new knowledge and technologies to the practice of nursing.
(l) Managing, supervising, and evaluating the practice of nursing.
(m) Teaching the theory and practice of nursing.
(n) Participating in the development of policies, procedures, and systems to support the client.
(o) Other nursing services that require education and training prescribed by the board and in conformance with national nursing standards. Additional nursing services shall be commensurate with the RN's experience, continuing education, and demonstrated competencies.
II. Each RN is accountable to clients, the nursing profession, and the board for complying with the requirements of this act and the quality of nursing care rendered, and for recognizing limits of knowledge and experience and planning for management of situations beyond the nurse's experience.
III. Any expansion of the scope of practice shall be adopted by legislation in accordance with RSA 332-G:6.
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:13 - Scope of Practice; Licensed Practical Nurse.

326-B:13 Scope of Practice;  Licensed Practical Nurse. –
I. An LPN shall, with or without compensation or personal profit, practice under the supervision of an RN, APRN, licensed physician, or dentist. Such practice is guided by nursing standards established by the National Council of State Boards of Nursing and approved by the board, and shall be limited to:
(a) Collecting data and conducting focused nursing assessments of the health status of clients.
(b) Planning nursing care for clients with stable conditions.
(c) Participating in the development and modification of the comprehensive plan of care for all types of clients.
(d) Implementing appropriate aspects of the strategy of care within the LPN scope of practice.
(e) Participating in nursing care management through delegating, assigning, and directing nursing interventions that may be performed by others, including other LPNs, that do not conflict with this chapter.
(f) Maintaining safe and effective nursing care rendered directly or indirectly.
(g) Promoting a safe and therapeutic environment.
(h) Participating in health teaching and counseling to promote, attain, and maintain the optimum health level of clients.
(i) Serving as an advocate for the client by communicating and collaborating with other health service personnel.
(j) Participating in the evaluation of client responses to interventions.
(k) Communicating and collaborating with other health care professionals.
(l) Providing input into the development of policies and procedures.
(m) Other nursing services that require education and training prescribed by the board and in conformance with national nursing standards. Additional nursing services shall be commensurate with the LPN's experience, continuing education, and demonstrated LPN competencies.
II. Each nurse is accountable to clients, the nursing profession, and the board for complying with the requirements of this chapter and the quality of nursing care rendered and for recognizing limits of knowledge and experience and planning for management of situations beyond the nurse's expertise.
III. LPNs who have successfully completed the curriculum of a board- approved LPN intravenous therapy course may administer intravenous solutions under the direction of a physician or dentist, or as delegated by an RN.
IV. 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, eff. July 21, 2009.