Current through Register No. 13, March 27, 2025
(a) When the department issues a statement of
findings, the ATC shall submit a POC that addresses the areas o f noncompliance
cited in the statement.
(b) A POC
shall be developed and enforced in the following manner:
(1) Upon receipt of a statement of findings,
the ATC shall submit a POC containing:
a. How
the ATC intends to correct each area of noncompliance;
b. What corrective action will be implemented
and maintained to ensure that the noncompliance does not recur; and
c. The date by which each area of
noncompliance shall be corrected;
(2) The ATC shall submit a POC to the
department within 21 calendar days of the date on the cover letter that
transmitted the statement of findings unless the ATC requests, either verbally
or in writing, and the department agrees, to extend that deadline, based on the
following criteria:
a. The ATC demonstrates
that it has made a good faith effort to develop and submit the POC within the
21 calendar day period but has been unable to do so; and
b. The department determines that the health,
safety, or well-being of qualifying patients or the public will not be
jeopardized as a result of granting the extension;
(3) The department shall review and accept
each POC that:
a. Will achieve compliance
with RSA 126-X and He-C 402;
b.
Corrects all areas of noncompliance as cited in the statement of
findings;
c. Does not create a new
violation of RSA 126-X or He-C 402 as a result of the implementation of the
POC; and
d. Specifies the date upon
which the deficiencies will be corrected;
(4) If the POC is acceptable, the department
shall issue a registration certificate or provide written notification of
acceptance of the POC, whichever is applicable;
(5) If the POC is not acceptable:
a. The department shall notify the ATC in
writing of the reason for rejecting the POC;
b. The ATC shall develop and submit a revised
POC within 14 days of the date of the written notification from the department
that states the original POC was rejected unless, within the 14 day period, the
ATC requests an extension, either verbally or in writing, and the department
grants the extension, based on the following criteria:
1. The ATC demonstrates that it has made a
good faith effort to develop and submit the POC within the 14 day period but
has been unable to do so; and
2.
The department determines that the health, safety or well-being of qualifying
patients or the public will not be jeopardized as a result of granting the
waiver;
c. The revised
POC shall comply with (b) (1) above and be reviewed in accordance with (b) (3)
above; and
d. If the revised POC is
not acceptable to the department, or is not submitted within 14 days of the
date of the written notification from the department that states the original
POC was rejected, the ATC shall be subject to a directed POC in accordance with
(c) below and a fine in accordance with
He-C 402.30(c)
(9) ;
(6) The department shall verify the
implementation of any POC that has been submitted and accepted by:
a. Reviewing materials submitted by the
ATC;
b. Conducting a follow-up
inspection; or
c. Reviewing
compliance during the next annual inspection;
(7) Verification of the implementation of any
POC shall only occur after the date of completion specified by the ATC in the
plan; and
(8) If the POC or revised
POC has not been implemented by the completion date at the time of the next
inspection, the ATC shall be issued a directed POC in accordance with (c) below
and shall be subject to a fine, as appropriate, in accordance with
He-C 402.30(c)
(10) .
(c) The department shall develop and impose a
directed POC that specifies corrective actions for the applicant or ATC to
implement when:
(1) As a result of an
inspection, investigation, or compliance monitoring, areas of noncompliance
were identified that require immediate corrective action to protect the health
and safety of the qualifying patients, designated caregivers, ATC agents, or
the public;
(2) A POC is not
submitted within 21 days of the written notification from the
department;
(3) A revised POC is
not submitted within 14 days of the written notification from the department;
or
(4) A revised POC submitted by
the ATC has not been accepted.
(d) If at the time of the next inspection the
directed POC referenced in (c) above has not been implemented by the completion
date stated in the directed POC, the department shall, as appropriate:
(2) Deny the application for a renewal of a
registration; or
(3) Revoke the
registration in accordance with
He-C
402.30.
(e) The department shall offer an opportunity
for informal dispute resolution to any registrant who disagrees with an area of
noncompliance cited by the department on a statement of findings, provided that
the registrant submits a written request for an informal dispute
resolution.
(f) The informal
dispute resolution shall be requested in writing by the registrant no later
than 14 days from the date the statement of findings was issued by the
department.
(g) The department
shall review the evidence presented and provide a written notice to the
registrant of its decision.
(h) An
informal dispute resolution shall not be available for any registrant against
whom the department has initiated action to impose a fine, suspend, revoke,
deny or refuse to issue or renew a registration.
