New Hampshire Code of Administrative Rules
Hcp - Board of Hearing Care Providers
Chapter Hcp 400 - LICENSE RENEWAL AND FEES
Part Hcp 404 - REVOCATION, SUSPENSION, AND OTHER SANCTIONS
Section Hcp 404.02 - Revocation

Universal Citation: NH Admin Rules Hcp 404.02

Current through Register No. 40, October 3, 2024

(a) "Revocation" means the permanent and complete cancellation of any specially-conferred rights, authority, or privileges that were granted to an audiologist or hearing aid dealer through RSA 137-F.

(b) The most severe sanction, revocation, shall be imposed only for those cases in which:

(1) An audiologist or hearing aid dealer fails to be physically present, as reasonably necessary to comply with the requirements of Hcp 502.01(f), to supervise a trainee when the trainee is with a patient and performs any procedure or procedures related to hearing or hearing aid device other than a rudimentary cleaning of such a device;

(2) An audiologist or hearing aid dealer is convicted of any crime, the circumstances and facts of which lead the board to conclude that the audiologist or hearing aid dealer cannot be entrusted to protect the health of their clients;

(3) An audiologist or hearing aid dealer has had his or her license or registration suspended 3 times previously and has committed another offense for which a suspension would otherwise have been appropriate;

(4) An audiologist or hearing aid dealer has been determined to have willfully deceived the board regarding anything other than his or her application for licensure or registration;

(5) An audiologist or hearing aid dealer has provided materially false information on his or her application for licensure or registration; or

(6) An audiologist or hearing aid dealer's license to practice in any other state has been revoked.

(c) The period for revocation shall be the remainder of the licensure period commencing from the latter of:

(1) The date that the revocation goes into effect; or

(2) The date on which no further appeal may be taken.

(d) An audiologist or hearing aid dealer whose license or registration has been revoked shall be barred from reapplying for a license or registration for 3 years after the date of revocation. The revocation order shall specify the earliest date an application may be submitted.

(e) Upon receipt of a revocation order from the board, the audiologist or hearing aid dealer shall immediately cease holding him- or herself out to the public as an audiologist or hearing aid dealer. Further, such audiologist or hearing aid dealer shall immediately cease engaging in any act for which licensure or certification issued pursuant to RSA 137-F is required.

(f) Failure to comply with (e) above, shall constitute separate grounds for further disciplinary action.

(g) A subsequent license or registration shall be obtained only after:

(1) The passage of the amount of time specified in the revocation order;

(2) Complying with all of the requirements of RSA 137-F and Hcp 300 regarding application for an initial license or certification;

(3) Demonstrating that the cause for revocation does not exist at the time of the subsequent application; and

(4) Demonstrating that any corrective actions that were ordered by the board have been fully implemented.

#9338, eff 12-3-08

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