reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:7 - Application and Registration Fees.

327-A:7 Application and Registration Fees. –
Every application for a certificate of registration for ophthalmic dispensing shall be accompanied by a non-refundable registration fee. Upon approval of the application by the executive director, the applicant shall be issued a certificate of registration for ophthalmic dispensing, which shall be renewed biennially on or before June 30 upon payment of the renewal fee.
Source.
1989, 389:1. 1995, 310:183. 2012, 171:18. 2014, 167:48. 2015, 229:12, eff. July 1, 2015; 276:93, eff. July 1, 2015. 2022, 314:11, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:8 - Display of Certificate.

327-A:8 Display of Certificate. –
Any person who has been issued a certificate of registration under this chapter shall conspicuously display such certificate in his principal place of business.
Source.
1989, 389:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:9 - Suspension, Revocation or Refusal to Issue Certificate.

327-A:9 Suspension, Revocation or Refusal to Issue Certificate. –
The executive director may deny the application for a certificate of registration and may suspend or revoke the registration of any ophthalmic dispenser issued pursuant to this chapter or refuse to issue a renewal thereof if it is determined after hearing that such applicant or registrant:
I. Has made a material false statement or concealed a material fact in connection with his application for certificate of registration;
II. Has had a certificate of registration issued under this chapter revoked or suspended previously;
III. Has been found guilty of fraud or fraudulent practices after prosecution by the attorney general, or has used dishonest or misleading advertising;
IV. Has failed to follow the orders on the prescription of an ophthalmologist or optometrist;
V. Has failed to comply with any other provision of this chapter or any rules promulgated by the executive director.
Source.
1989, 389:1. 1995, 310:183, eff. Nov. 1, 1995. 2017, 144:17, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:10 - Return of Certificate.

327-A:10 Return of Certificate. –
Upon the suspension or revocation of a certificate of registration by the executive director and the issuance of a notice thereof, the registrant shall within 5 days, not including Sundays and holidays, deliver to the executive director the certificate of registration. If surrendered by mail, the certificate of registration must be sent by registered or certified mail, postmarked no later than 3 days, not including Sundays and holidays, following notice of suspension or revocation. Failure to return a certificate of registration which has been revoked or suspended hereunder within the prescribed time shall constitute a misdemeanor.
Source.
1989, 389:1. 1995, 310:183, eff. Nov. 1, 1995. 2017, 144:17, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:11 - Procedure for Complaints; Hearings; Judicial Review.

327-A:11 Procedure for Complaints;  Hearings;  Judicial Review. –
I. No certificate of registration shall be suspended or revoked until after a hearing before the executive director, which shall be held in accordance with RSA 541-A, and upon written notice mailed to the registrant by certified or registered mail. However, when a notice of hearing is mailed to a registrant at the address shown in the records of the department and such a registrant fails to attend such hearing, the executive director may suspend his registration without a hearing pending his attendance at such hearing. Upon the denial of an application for a certificate of registration, the executive director shall grant a hearing to an applicant therefor upon receipt of a request for a hearing made within 30 days after the applicant is notified of denial. The executive director shall have the power to require the attendance of witnesses and issue subpoenas duces tecum in the conduct of such hearing. If a certificate of registration is revoked or suspended or an application is denied, no such certificate shall be issued to such former registrant or applicant for at least 6 months, or thereafter, except in the discretion of the executive director. The applicant or registrant may be heard in person or by counsel. The executive director shall notify the applicant of the time and place of the hearing. The executive director shall have the power to subpoena any person in this state, or document, record or other relevant evidence, and administer an oath to and take the testimony of any such person or cause his deposition to be taken.
II. Appeals from an order of suspension or revocation or a denial of an application of a certificate of registration shall be made under RSA 541.
Source.
1989, 389:1. 1995, 310:175, 183, eff. Nov. 1, 1995. 2017, 144:17, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:12 - Rulemaking.

327-A:12 Rulemaking. –
The executive director shall adopt rules, pursuant to RSA 541-A, relative to:
I. Eligibility requirements for registration.
II. Eligibility requirements for a renewal or reinstatement of a registration to practice ophthalmic dispensing, in accordance with RSA 327-A:3.
III. [Repealed.]
IV. Ethical and professional standards required to be met by registrants.
V. The conduct of investigations, in accordance with RSA 327-A:11.
VI. A schedule of administrative fines pursuant to RSA 327-A:17 for the violation of the provisions of this chapter or rules adopted pursuant to this chapter.
VII. Procedures for notice and hearing prior to denial, suspension, or revocation of a registration, and the imposition of administrative fines.
VIII. Procedures for the handling of complaints.
IX. Procedures for the approval or denial of an application.
X. Procedures for suspension or revocation of a registration.
XI. Procedures for appeal of decisions of the executive director made pursuant to the provisions of this subdivision and rules adopted pursuant to this subdivision.
XII. Waivers of applicable rules.
XIII. Ophthalmic dispensing to young children, as necessary.
Source.
1989, 389:1. 1995, 310:182. 1998, 308:2. 2012, 171:17. 2014, 167:51, III. 2015, 276:93, eff. July 1, 2015. 2021, 197:99, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:12-a - Telemedicine.

327-A:12-a Telemedicine. –
Registered ophthalmic dispensers shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
Source.
2020, 27:28, eff. July 21, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:13 - Persons and Practices Not Affected.

327-A:13 Persons and Practices Not Affected. –
Nothing in this chapter shall apply to:
I. Licensed physicians and surgeons authorized to practice medicine or surgery and licensed optometrists authorized to practice optometry under the laws of this state.
II. [Repealed.]
III. Any individual, firm, or corporation employing persons registered under this chapter.
IV. The activities of any employee of an ophthalmic dispenser, licensed physician, or optometrist if the employee is not engaged in ophthalmic dispensing as defined in RSA 327-A:1, I. Such activities shall include, but not be limited to, the sale of related products, work performed by laboratory technicians, and the making of minor mechanical repairs on eyeglasses or frames.
Source.
1989, 389:1. 1998, 308:3. 1999, 221:1, 2, eff. Sept. 4, 1999.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:14 - Renewal of Registration; Continuing Education.

327-A:14 Renewal of Registration;  Continuing Education. –
Certificates of registration issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in the manner prescribed by the executive director. Certificates of registration for ophthalmic dispensing shall be renewed upon the payment of the renewal fee and the completion of 8 credits of continuing education during the previous 2-year period. Any national, regional, or state optical company, trade, or professional group is authorized to sponsor continuing education programs approved by the American Board of Opticianry, the National Contact Lens Examiners, or the executive director. The executive director shall authorize continuing education programs which contribute to the advancement, extension, or enhancement of the professional skills and the technical knowledge of opticians.
Source.
1989, 389:1. 1995, 310:183. 1998, 308:4. 2010, 368:13. 2015, 276:95, eff. July 1, 2015. 2017, 144:17, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:15 - Injunction.

327-A:15 Injunction. –
The executive director may request the attorney general to commence an action to enjoin the operation of any person engaged in the selling or fitting of ophthalmic devices or contact lenses in violation of this chapter. Said action shall be filed in the superior court in Merrimack county.
Source.
1989, 389:1. 1995, 310:183. 2015, 276:93, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:16 - Civil Claims.

327-A:16 Civil Claims. –
Any person injured by the actions of a person engaged in the dispensing of ophthalmic devices or contact lenses in violation of any of the provisions of this chapter may bring a civil action to recover damages suffered by reason of the violation.
Source.
1989, 389:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 327-A - Ophthalmic Dispensing › Section 327-A:17 - Administrative Fines.

327-A:17 Administrative Fines. –
The executive director after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine of $250 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the executive director shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
2002, 155:1. 2015, 276:93, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:1 - Legislative Intent.

328-A:1 Legislative Intent. –
This chapter is enacted for the purpose of protecting the public health, safety, and welfare, and of providing for state administrative control, supervision, licensure and regulation of the practice of physical therapy. It is the legislature's intent that only individuals who meet and maintain prescribed standards of competence and conduct may engage in the practice of physical therapy as authorized by this chapter. This chapter shall be liberally construed to promote the public interest and to accomplish the purpose stated herein.
Source.
2002, 237:1, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:3 - Powers and Duties of the Board.

328-A:3 Powers and Duties of the Board. –
The board shall:
I. Provide for the examinations for physical therapists and physical therapist assistants and adopt passing scores for these examinations.
II. Regulate the practice of physical therapy by interpreting and enforcing this chapter.
III. Elect officers from its members necessary for the operations and obligations of the board. Terms of office shall be one year.
Source.
2002, 237:1. 2003, 310:6-8, 65, I, eff. July 1, 2003. 2021, 197:24, 25, I, eff. July 1, 2021. 2023, 79:319, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:4 - Rulemaking.

328-A:4 Rulemaking. –
The board shall adopt rules pursuant to RSA 541-A:
I. Establishing standards for approving entities which evaluate credentials of foreign-educated applicants for licensure.
II. Establishing standards for approving professional physical therapy education programs and for approving national accreditation organizations that accredit professional physical therapy education programs.
III. Specifying the examinations and passing scores required as part of the eligibility requirements for licensure or the standards which such examinations and examination scores are required to meet.
IV. Establishing the standards for board approval of an applicant's plan for additional clinical training or course work or both under the circumstances of an applicant's request to retake the examination more than 3 times.
V. Specifying the selected components of physical therapy intervention in which licensed physical therapists may assist.
VI. Specifying the use of assistive personnel and their supervision by licensed physical therapists.
VII. [Repealed.]
VIII. Regarding the establishment, criteria, and renewal of, and disciplinary proceedings for certified animal physical therapists under RSA 328-A:15-b.
IX. Regarding implementation and coordination of the physical therapy licensure compact adopted in RSA 328-A:5-a.
Source.
2002, 237:1. 2003, 310:9. 2009, 311:3. 2012, 171:26, XIV, eff. Aug. 10, 2012. 2017, 189:1, eff. July 1, 2017. 2023, 79:320, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:5 - Eligibility for Licensure.

328-A:5 Eligibility for Licensure. –
I. An applicant for a license as a physical therapist who has been educated in the United States shall:
(a) Be of good moral character.
(b) [Repealed.]
(c) Be a graduate of a professional physical therapy education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved accrediting organization.
(d) Have successfully passed the national examination approved by the board.
(e) Have maintained continuing competency in physical therapy for a period of one year prior to filing.
II. An applicant for a license as a physical therapist who has been educated outside of the United States shall:
(a) Be of good moral character.
(b) [Repealed.]
(c) Have completed a professional physical therapy education program sponsored by an institution recognized by the ministry of education of the country of the institution's location and determined by either The Foreign Credentialing Commission on Physical Therapy or another board-approved entity performing credentials evaluations to be substantially equivalent to a program approved by the board for applicants educated in the United States.
(d)-(f) [Repealed.]
(g) Have passed the board-approved English proficiency examinations if the applicant's native language is not English.
(h) Have successfully passed the national examination approved by the board.
(i) Have maintained continuing competency in physical therapy for a period of one year prior to filing.
III. Notwithstanding the provisions of paragraph II, if the foreign-educated applicant is a graduate of a professional physical therapy education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved accrediting organization or is a graduate of a professional physical therapy education program approved by the board, the board shall waive the requirements of paragraph II(c).
IV. An applicant for a license as a physical therapist assistant shall:
(a) Be of good moral character.
(b) [Repealed.]
(c) Be a graduate of a physical therapist assistant education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved organization.
(d) Have successfully passed the national examination approved by the board.
(e) Have maintained continuing competency in physical therapy for a period of one year prior to filing.
Source.
2002, 237:1. 2003, 310:10-19, 65, II-V, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:6 - Repealed by 2003, 310:65, VI, eff. July 1, 2003.

328-A:6 Repealed by 2003, 310:65, VI, eff. July 1, 2003. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:7 - Examination.

328-A:7 Examination. –
I. The office shall conduct, through a third party, examinations within the state at least quarterly. The passing score shall be determined by the board.
II. A physical therapist applicant may take the examination for licensure after the application process has been completed with the exception of submission of documentation showing the applicant has passed the required examination. A national physical therapy exam shall test competency related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation.
III. A physical therapist assistant applicant may take the examination for licensure after the application process has been completed with the exception of submission of documentation showing the applicant has passed the required examination. A national examination shall test for requisite knowledge and skills in the technical application of physical therapy services.
IV. An applicant for licensure who does not pass the examination after the first attempt may retake the examination 3 additional times. An applicant shall not retake the examination a fourth time unless:
(a) The applicant has completed a new application for licensure, with the exception of submission of documentation showing that the applicant has passed the examination.
(b) The applicant has submitted, and the board has approved, a plan for completion of additional clinical training or coursework or both.
Source.
2002, 237:1. 2003, 310:20, eff. July 1, 2003. 2023, 79:321, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:8 - Exemptions From Licensure.

328-A:8 Exemptions From Licensure. –
I. 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.
II. For physical therapists, the following persons are exempt from the licensure requirements of this chapter when engaged in the following activities:
(a) A person in a professional education program approved by the board who is pursuing a course of study leading to a degree as a physical therapist when that person is satisfying supervised clinical education requirements related to the person's physical therapy education while under on-site supervision of a licensed physical therapist.
(b) A physical therapist who is practicing in the United States Armed Services, United States Public Health Service or Veterans Administration pursuant to federal regulations for state licensure of health care providers.
(c) A physical therapist who is licensed in another jurisdiction of the United States or a foreign-educated physical therapist credentialed in another country if that person is performing physical therapy in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year.
(d) A physical therapist who is licensed in another jurisdiction of the United States or credentialed in another country, when that person by contract or employment is providing physical therapy services to individuals affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in the state for no more than 60 days in a calendar year.
III. For physical therapist assistants, the following persons are exempt from the licensure requirements of this chapter when engaged in the following activities:
(a) A person in a professional education program approved by the board who is pursuing a course of study leading to a degree as a physical therapist assistant when that person is satisfying supervised clinical education requirements related to the person's physical therapist assistant education while under direct supervision of a physical therapist.
(b) A physical therapist assistant who is practicing in the United States Armed Services, United States Public Health Service or Veterans Administration pursuant to federal regulations for state licensure of health care providers.
(c) A person licensed as a physical therapist assistant in another jurisdiction of the United States if that person is assisting in selected components of physical therapy intervention in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year.
Source.
2002, 237:1. 2003, 310:21-23, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:9 - Lawful Practice.

328-A:9 Lawful Practice. –
I. A physical therapist licensed under this chapter is fully authorized to practice physical therapy as defined herein.
II. A physical therapist shall refer a patient or client to appropriate health care practitioners when:
(a) The physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice; or
(b) Physical therapy is contraindicated.
III. A physical therapist shall adhere to the code of ethics established by the board in rules.
IV. A physical therapist assistant licensed under this chapter is authorized to assist a licensed physical therapist in selected components of physical therapy intervention.
V. A physical therapist assistant shall adhere to the code of ethics established by the board in rules.
VI. A physical therapist may purchase and store topical and aerosol medications, to be administered upon the prescription of a health care practitioner licensed in this state and permitted by law to prescribe medications. A physical therapist shall comply with rules of the New Hampshire pharmacy board specifying protocols for storage of medications.
VII. Nothing in this chapter shall be construed as authorizing a licensed physical therapist to practice medicine, osteopathy, chiropractic, naturopathy, or any other form or method of healing, except physical therapy. The use of roentgen rays and radium for diagnostic and therapeutic purposes, and the use of electricity for surgical purposes including cauterization, shall not be authorized under the term "physical therapy" as used in this chapter.
Source.
2002, 237:1. 2003, 310:24, eff. July 1, 2003. 2023, 231:1, eff. Oct. 7, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:10 - Use of Titles; Restrictions; Classification of Offenses.

328-A:10 Use of Titles;  Restrictions;  Classification of Offenses. –
I. A physical therapist shall use the letters "PT" in connection with the physical therapist's name or place of business to denote licensure under this chapter.
II. A person or business entity, its employees, agents or representatives shall not use in connection with that person's name or the name or activity of the business, the words "physical therapy," "physical therapist," "physiotherapy," "physiotherapist" or "registered physical therapist," the letters "PT," "LPT," "RPT," "CPT," "MPT," "DPT," or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, including the billing of services labeled as physical therapy, unless such services are provided by or under the direction of a physical therapist licensed pursuant to this chapter. A person or entity that violates this paragraph is guilty of a violation for a first offense, and guilty of a misdemeanor for any subsequent violations of this paragraph.
III. A physical therapist assistant shall use the letters "PTA" in connection with that person's name to denote licensure hereunder.
IV. A person shall not use the title "physical therapist assistant," the letters "PTA," "RPTA," "LPTA," "CPTA," or any other words, abbreviations or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter. A person who violates this paragraph is guilty of a misdemeanor.
Source.
2002, 237:1. 2003, 310:25, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:11 - Obligations of Licensees.

328-A:11 Obligations of Licensees. –
I. A physical therapist is responsible for managing all aspects of the physical therapy care of each patient. The physical therapist shall provide:
(a) The initial written evaluation for each patient;
(b) Periodic written re-evaluation of each patient; and
(c) A written discharge plan for the patient and the patient's response to treatment at discharge.
II. A physical therapist shall assure the qualifications of all assistive personnel to perform specific designated tasks through written documentation of the assistive personnel's education and training.
III. For each date of service, a physical therapist shall provide all therapeutic interventions that require the expertise of a physical therapist and shall determine the use of assistive personnel that provides delivery of service that is safe, effective, and efficient for each patient.
IV. A physical therapist assistant shall work under a physical therapist's general supervision. A physical therapist assistant shall document care provided and shall report to a supervising physical therapist any status in a patient requiring a change in the plan of care. The supervising physical therapist shall review and co-sign all notes during each reevaluation.
V. A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the direct personal supervision of a physical therapist or a physical therapist assistant.
VI. [Repealed.]
VII. A physical therapist's responsibility for patient care management shall include oversight of all documentation for services rendered to each patient, including awareness of fees charged or reimbursement methodology used. A physical therapist shall also be aware of what constitutes unreasonable or fraudulent fees.
Source.
2002, 237:1. 2003, 310:26, 65, VII, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:12 - Repealed by 2023, 79:322, II, eff. Sept. 1, 2023.

328-A:12 Repealed by 2023, 79:322, II, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:13 - Repealed by 2023, 79:322, III, eff. Sept. 1, 2023.

328-A:13 Repealed by 2023, 79:322, III, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:14 - Substance Abuse Recovery Program.

328-A:14 Substance Abuse Recovery Program. –
In lieu of a disciplinary proceeding prescribed by this chapter or RSA 328-F, the board may permit a licensee to actively participate in a board-approved substance abuse recovery program if:
I. The board has evidence that the licensee is impaired.
II. The licensee has not been convicted of a felony relating to a controlled substance in a court of law of the United States or any other territory or country.
III. The licensee enters in to a written agreement with the board for a restricted license and complies with all the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee's practice work imposed by the board to protect the public. Failure to enter into such an agreement shall activate an immediate investigation and disciplinary proceedings by the board.
IV. As part of the agreement established between the licensee and the board, the licensee signs a waiver allowing the substance abuse program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice or work with reasonable skill or safety.
Source.
2002, 237:1, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:15 - Rights of Consumers; Confidentiality.

328-A:15 Rights of Consumers;  Confidentiality. –
I. [Repealed.]
II. [Repealed.]
III. If a referring practitioner is deriving direct or indirect compensation from the referral to physical therapy the physical therapist shall disclose this information in writing to the patient prior to the initial evaluation.
IV. A physical therapist shall disclose in writing to a patient any financial interest in products that the physical therapist endorses and recommends to the patient at the time of such endorsement or recommendation.
V. A physical therapist shall inform each patient that the patient has freedom of choice in services and products.
VI. Confidential communications between physical therapists and physical therapist assistants and their patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no licensee shall be required to disclose such privileged communications. Confidential communications between a patient of a licensee and any person working under the supervision of such licensee to provide services that are customary and necessary for diagnosis and treatment are privileged to the same extent as would be the same communications between the supervising licensee and the patient. The privilege for confidential communications shall not apply to investigations and disciplinary proceedings conducted by any agency regulating health occupations or professions in this state.
VII. Any person may submit a complaint regarding any licensee or any other person potentially in violation of this chapter.
VIII. Unless used in disciplinary proceedings, the following shall be held confidential by the board:
(a) Complaints received by the board.
(b) Information and records acquired by the board during its investigations of complaints and other information relating to violations of this chapter coming to the attention of the board.
(c) Reports and records made by the board as a result of such investigations.
(d) Patient records, including clinical records, files, oral or written reports relating to diagnostic findings or treatment of licensees' patients, and oral or written information from which the identity of licensees' patients or their families can be derived.
IX. Each licensee shall display a copy of the licensee's license or current renewal verification or a notice of the availability of this information in a location accessible to public view at the licensee's place of practice.
Source.
2002, 237:1. 2003, 310:30-35, eff. July 1, 2003. 2021, 197:25, II, eff. July 1, 2021. 2023, 79:322, I, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:15-a - Eligibility for Renewal of License.

328-A:15-a Eligibility for Renewal of License. –
I. Persons licensed as physical therapists are eligible for renewal of their licenses if they:
(a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character.
(b) Meet any continuing education and continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.
II. Persons licensed as physical therapist assistants are eligible for renewal of their licenses if they:
(a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character.
(b) Meet any continuing education and continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.
Source.
2003, 310:36, eff. July 1, 2003.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-A - Physical Therapy Practice Act › Section 328-A:15-b - Repealed by 2010, 170:3, eff. June 17, 2010.

328-A:15-b Repealed by 2010, 170:3, eff. June 17, 2010. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:1 - Regulation of Massage Therapists and Massage Establishments.

328-B:1 Regulation of Massage Therapists and Massage Establishments. –
The general court, to protect the health, safety, and welfare of the people of the state of New Hampshire, establishes a regulatory program for massage therapists, including establishing basic qualifications for licensure of massage therapists.
Source.
1990, 12:1. 1996, 47:11. 2009, 64:1, eff. Aug. 8, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:2 - Definitions.

328-B:2 Definitions. –
In this chapter:
I. "Applicant" means a person who has submitted to the executive director an application for a license pursuant to this chapter.
II. "Advisory board" means the advisory board of massage therapists.
III. "Compensation" means the receipt of:
(a) Money, goods, services, or other things of value; or
(b) A promise to deliver money, goods, services, or other things of value.
IV. "Executive director" means the executive director of the office of professional licensure and certification.
V. "Licensee" means a person to whom a license has been issued pursuant to this chapter.
VI. "Massage" means the application of a system of structured touch which includes holding, pressure, positioning, or causing movement, by manual means, for the purpose of promoting, maintaining, and restoring the health and well-being of the client. Massage is designed to promote general relaxation, improve movement, relieve somatic and muscular pain or dysfunction, stress and muscle tension, and provide for general health enhancement, personal growth, and the organization, balance, and integration of the body.
VII. [Repealed.]
VIII. "Massage therapist" means a licensed individual who performs massage for compensation. Titles used may include: massage therapist, massage practitioner, bodywork practitioner, bodyworker, muscle therapist, massotherapist, or somatic therapist practitioner. A massage therapist uses visual, kinesthetic, and palpatory skills to assess the body, and may evaluate the client's condition to the extent of determining whether massage is indicated or contraindicated.
Source.
1990, 12:1. 1995, 310:159, 183. 1996, 47:2-4, 12, I. 2009, 64:2. 2015, 276:102, eff. July 1, 2015. 2017, 144:12, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:2-a - Scope of Practice.

328-B:2-a Scope of Practice. –
A massage therapist may do any of the following when performing massage, including, but not limited to:
I. Use of heat and cold, hydrotherapy, heliotherapy, and external application of herbal or topical preparations not classified as prescription drugs.
II. Analysis of posture and movement.
III. Provision of education in self-care and stress management.
IV. Performance of techniques in which the massage therapist had been trained intended to affect the systems of the body.
Source.
1996, 47:5. 2009, 64:3, eff. Aug. 8, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:3 - Prohibited Acts.

328-B:3 Prohibited Acts. –
No person shall:
I. Act or advertise as a massage therapist for compensation without holding a license issued pursuant to this chapter.
II. [Repealed.]
III. Fail to comply with an order of the executive director issued pursuant to this chapter.
IV. Fail to comply with a rule adopted by the executive director pursuant to this chapter.
V. Violate any other provision of this chapter.
VI. Hire as an employee massage therapist any person not holding a license issued pursuant to this chapter.
Source.
1990, 12:1. 1995, 310:183. 1996, 47:10, 12, II. 2009, 64:4, 5, eff. Aug. 8, 2009. 2017, 144:13, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:4 - Powers and Duties of the Executive Director; Rulemaking.

328-B:4 Powers and Duties of the Executive Director;  Rulemaking. –
The executive director shall have the power and duty to:
I. Issue, suspend, revoke, renew, and deny licenses in accordance with rules adopted under RSA 541-A.
II. Hold hearings, and conduct investigations, public or confidential, and issue orders relating to such hearings and investigations. The contested case provisions of RSA 541-A:31-36 shall apply when a person is aggrieved by a decision of the executive director under this chapter. Appeals shall be made in accordance with RSA 541.
III. Require licensees to file special or periodic sworn reports, in accordance with rules adopted under RSA 541-A.
IV. Request the executive director of safety to provide a report of state and federal criminal records of any applicant, if the executive director believes such information would be useful in evaluating an applicant's application. Upon such a request, the executive director of safety shall provide the report.
V. Delegate any authority or assign any duty, conferred or imposed by this chapter upon the executive director, to one or more subordinates.
VI. Establish and appoint an advisory board of massage therapists, as provided in RSA 328-B:5.
VII. Pursuant to RSA 541-A, adopt rules relative to:
(a) [Repealed.]
(b) The contents of license application forms.
(c) The qualifications required for a massage therapist which shall include demonstration of passage of the National Certification Examination for Therapeutic Massage Bodywork or any other nationally recognized certifying examination.
(d) [Repealed.]
(e) License modifications and license renewal applications.
(f) The form, content, time, and retention of special and periodic reports required from licensees.
(g) Exemptions from licensure under RSA 328-B:10.
(h) Procedures for temporary licensure under RSA 328-B:5-a.
(i) Procedures for suspension or revocation of a license.
(j) The establishment of a program of continuing education for licensees, as reviewed by the advisory board, which shall require 12 hours of study over a 2-year period for completion before license renewal every 2 years.
(k) A schedule of administrative fines which may be imposed under RSA 328-B:11-a for violation of this chapter or the rules adopted pursuant to it.
(l) Procedures for notice and opportunity for hearing prior to the imposition of an administrative fine imposed under RSA 328-B:11-a.
Source.
1990, 12:1. 1991, 355:49. 1994, 412:38. 1995, 310:183. 1996, 47:6, 7, 10, 11, 12, III. 2009, 64:6, 7. 2014, 167:21, 51, II. 2015, 276:103, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:5 - Advisory Board of Massage Therapists.

328-B:5 Advisory Board of Massage Therapists. –
The executive director shall establish the advisory board of massage therapists. The board shall consist of 3 massage therapists who are licensees in the state of New Hampshire. The members shall be appointed for 3 years, staggered so that the term of one member expires each year, and they shall hold office until successors are appointed, and shall serve on the board without any compensation. In no event shall a member serve more than 2 full consecutive terms. The board shall:
I. Review the qualifications of applicants for licenses.
II. Review the qualifications of individuals desiring to conduct massage workshops or seminars who are not licensed in this state.
III. Review the continuing education programs for licensees.
IV. Advise the executive director regarding the implementation of this chapter.
Source.
1990, 12:1. 1995, 310:183. 1996, 47:8, 11. 2009, 64:8. 2015, 276:103, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:5-a - Temporary License for Massage Therapists.

328-B:5-a Temporary License for Massage Therapists. –
I. The executive director shall issue a temporary license to any person who has attended a massage therapy program in another state who does not currently meet the requirements for licensure, provided that he or she:
(a) Is at least 21 years of age on the date of the application;
(b) Has met the requirements of RSA 328-B:6, I(a) and (c);
(c) Has completed a massage therapy program with a minimum of 500 educational hours; and
(d) Provides documentation of practicing as a massage therapist in another state for at least one year.
II. The temporary license shall be valid for only one year in order for the temporary licensee to complete any additional educational or examination requirements for a massage therapy license in accordance with RSA 328-B:4, VII(c) and the rules adopted under this chapter.
III. A temporary license shall not be renewed.
Source.
2009, 64:9, eff. Aug. 8, 2009. 2017, 144:14, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:6 - License Issuance; Reciprocity.

328-B:6 License Issuance;  Reciprocity. –
I. The executive director shall issue a massage therapist's license to each qualified applicant who:
(a) Submits the required application form and licensing fee.
(b) Is at least 18 years of age on the date of the application.
(c) Has not been convicted in New Hampshire or in any other state of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime.
(d) Submits written evidence of being in good mental and physical health.
II. [Repealed.]
III. Except for the requirements of subparagraphs I(b) and (c) of this section, the executive director may waive any requirements for licensure for any applicant for a massage therapist's license who, on the date of application hereunder, holds a valid license issued by any other state or country, but only if the other licensing body's requirements are substantially equivalent to or not less than the requirements under this chapter.
Source.
1990, 12:1. 1995, 310:183. 1996, 47:10, 12, IV. 2009, 64:10. 2014, 167:22, eff. July 1, 2014. 2017, 144:15, eff. Aug. 15, 2017. 2022, 314:8, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:7 - License Renewal.

328-B:7 License Renewal. –
All licenses issued pursuant to this chapter shall expire on the last day of the birth month of the licensee in the even-numbered year, upon approval of the executive director of the renewal application and submission of the required renewal fee.
Source.
1990, 12:1. 1995, 310:183. 2014, 167:23. 2015, 229:13, eff. July 1, 2015. 2017, 144:15, eff. Aug. 15, 2017. 2022, 314:9, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:8 - License Revocation or Suspension.

328-B:8 License Revocation or Suspension. –
After notice and opportunity for hearing, as provided for under RSA 541-A, the executive director may revoke or suspend any license issued pursuant to this chapter if the licensee:
I. Violates this chapter or any rule or order adopted or issued under it;
II. Knowingly makes any false statement regarding the application or license or in any report the executive director requires to be made;
III. Fails to respond to any lawful inquiry of the executive director; or
IV. Is convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime or a crime involving moral turpitude.
V. [Repealed.]
Source.
1990, 12:1. 1995, 310:183. 1996, 47:12, V. 2009, 64:11, eff. Aug. 8, 2009. 2017, 144:15, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:9 - Repealed by 1996, 47:12, VI, eff. June, 23, 1996.

328-B:9 Repealed by 1996, 47:12, VI, eff. June, 23, 1996. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:10 - Exemptions; Application of Chapter.

328-B:10 Exemptions;  Application of Chapter. –
I. Nothing in this chapter shall prevent a person licensed by this state pursuant to any other provision of law, or any person employed by such a licensee as an assistant, from performing the occupation for which he or she is licensed.
II. Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses touch, words, and directed movement to deepen awareness of existing patterns of movement as well as to suggest new possibilities of movement, while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to the Feldenkrais method of somatic education, the Trager approach to movement education, the Alexander technique, and body-mind centering.
III. Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses energy or superficial touch to affect the energy systems of the human body while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to, polarity therapy, therapeutic touch, Bowen therapy, and reiki.
Source.
1990, 12:1. 1995, 310:183. 2009, 64:12. 2016, 137:1, eff. May 27, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 328-B - Massage Therapists and Massage Establishments › Section 328-B:11 - Violations; Penalty.

328-B:11 Violations;  Penalty. –
Any person practicing massage within the meaning of this chapter, without first obtaining a license as required by this chapter, or who violates any of the provisions of, or rules adopted under this chapter, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, for the first offense. For a subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day such facility shall operate or person shall practice this activity after a first conviction shall be considered a subsequent offense.
Source.
1990, 12:1. 1996, 47:9, eff. June 23, 1996.