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2017 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 316-A - CHIROPRACTIC
Section 316-A:3 - Rulemaking Authority and Practices.
Universal Citation: NH Rev Stat § 316-A:3 (2017)
316-A:3 Rulemaking Authority and Practices. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. Minimum education and experience requirements for licensure to protect the public health or safety. Such requirements shall not include references to general business skills.
II. Written competency examinations, if appropriate. Such examinations shall be nationally recognized standardized tests whenever possible.
III. A written examination on New Hampshire law relevant to the occupation or profession. Such examinations shall be reviewed by the department of justice before use.
IV. Procedures for oral examinations and interviews, if appropriate. Such rules shall include a listing of permissible areas of inquiry and a statement of the means by which the inquiry shall be recorded. Transcripts or recordings shall be maintained by the board or commission for a period of not less than 90 days.
V. Procedures for practical examinations, if appropriate. Such rules shall provide that at least 2 experienced practitioners shall observe and pass on any practical examination.
VI. References from other practitioners of the occupation or profession, if appropriate. References may only be solicited from practitioners who have actual knowledge of the applicant's competence gained in a supervisory capacity.
VII. Requirements that applicants be of good character. Such character requirements shall be limited to matters directly related to the ability of the applicant to perform the functions of the occupation or profession.
VIII. Methods and procedures by which licensees shall inform the public of their right to complain to the board regarding the conduct of other licensees. Such methods may include posted notices, notices on bills, or other appropriate methods.
IX. Methods for informing the board of complaints made against licensees in other forums such as professional and business organizations and the courts. Such methods shall include a requirement that licensees disclose such complaints on license renewal forms. Failure to disclose shall be cause to revoke the license.
X. Methods for investigating complaints and for conciliation where appropriate.
XI. Hearing procedures in accordance with RSA 541-A.
XII. Methods for informing the public of the results of disciplinary actions. These methods shall ensure that information on disciplinary actions is made available to consumers.
XIII. The type and severity of offense which warrants an official warning and the effect of such warning on penalties for subsequent offenses.
XIV. Methods to ensure that licensees maintain minimum competency to protect public health or safety. Such methods may include continuing education, re-testing, peer review, or other appropriate procedures. If continuing education is required, it shall be reasonable and shall reflect the rate of legal and technological change within the occupation or profession. Courses on general business practices shall not be required or permitted as continuing education.
XV. Methods for ensuring compliance with continuing education requirements and for evaluating continuing education courses, if appropriate.
XVI. An ethics code for board members and employees. This code shall include at least the following provisions:
(a) No board member shall participate in any action related to the issuance of a license or disciplinary matter involving such board member or a person with whom the board member is personally or professionally associated.
(b) No board member shall serve as an officer of a professional association which represents practitioners of any occupation or profession under the jurisdiction of the board.
XVII. Fees under RSA 316-A:5.
XVIII. Methods for ensuring appropriate display of licenses, including, but not limited to, signs and other forms of advertising.
XIX. Defining the specific terms "adjustment,'' "manipulation,'' and "subluxation,'' in the practice of chiropractic.
I. Minimum education and experience requirements for licensure to protect the public health or safety. Such requirements shall not include references to general business skills.
II. Written competency examinations, if appropriate. Such examinations shall be nationally recognized standardized tests whenever possible.
III. A written examination on New Hampshire law relevant to the occupation or profession. Such examinations shall be reviewed by the department of justice before use.
IV. Procedures for oral examinations and interviews, if appropriate. Such rules shall include a listing of permissible areas of inquiry and a statement of the means by which the inquiry shall be recorded. Transcripts or recordings shall be maintained by the board or commission for a period of not less than 90 days.
V. Procedures for practical examinations, if appropriate. Such rules shall provide that at least 2 experienced practitioners shall observe and pass on any practical examination.
VI. References from other practitioners of the occupation or profession, if appropriate. References may only be solicited from practitioners who have actual knowledge of the applicant's competence gained in a supervisory capacity.
VII. Requirements that applicants be of good character. Such character requirements shall be limited to matters directly related to the ability of the applicant to perform the functions of the occupation or profession.
VIII. Methods and procedures by which licensees shall inform the public of their right to complain to the board regarding the conduct of other licensees. Such methods may include posted notices, notices on bills, or other appropriate methods.
IX. Methods for informing the board of complaints made against licensees in other forums such as professional and business organizations and the courts. Such methods shall include a requirement that licensees disclose such complaints on license renewal forms. Failure to disclose shall be cause to revoke the license.
X. Methods for investigating complaints and for conciliation where appropriate.
XI. Hearing procedures in accordance with RSA 541-A.
XII. Methods for informing the public of the results of disciplinary actions. These methods shall ensure that information on disciplinary actions is made available to consumers.
XIII. The type and severity of offense which warrants an official warning and the effect of such warning on penalties for subsequent offenses.
XIV. Methods to ensure that licensees maintain minimum competency to protect public health or safety. Such methods may include continuing education, re-testing, peer review, or other appropriate procedures. If continuing education is required, it shall be reasonable and shall reflect the rate of legal and technological change within the occupation or profession. Courses on general business practices shall not be required or permitted as continuing education.
XV. Methods for ensuring compliance with continuing education requirements and for evaluating continuing education courses, if appropriate.
XVI. An ethics code for board members and employees. This code shall include at least the following provisions:
(a) No board member shall participate in any action related to the issuance of a license or disciplinary matter involving such board member or a person with whom the board member is personally or professionally associated.
(b) No board member shall serve as an officer of a professional association which represents practitioners of any occupation or profession under the jurisdiction of the board.
XVII. Fees under RSA 316-A:5.
XVIII. Methods for ensuring appropriate display of licenses, including, but not limited to, signs and other forms of advertising.
XIX. Defining the specific terms "adjustment,'' "manipulation,'' and "subluxation,'' in the practice of chiropractic.
Source. 1988, 87:2. 1995, 132:1; 310:182. 1999, 173:2, 3, eff. Aug. 30, 1999.
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