New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 1400 - REFLEXOLOGISTS, STRUCTURAL INTEGRATORS, AND ASIAN BODYWORK THERAPISTS
Part He-P 1404 - DENIAL, DISCIPLINARY ACTION, WAIVERS
Section He-P 1404.04 - Revocation, Denial, Disciplinary Action

Universal Citation: NH Admin Rules He-P 1404.04

Current through Register No. 40, October 3, 2024

(a) The commissioner shall suspend a license in accordance with He-P 1404.03 if the licensee fails to:

(1) Implement the steps indicated in the directed plan of correction described in He-P 1404.02(g) within 15 days of receiving the directed plan of correction;

(2) Maintain a directed plan of correction;

(3) Cooperate with an investigation by the department to the extent required by these rules; or

(4) Pay a fine in accordance with He-P 1404.05.

(b) If a license is suspended in accordance with (a) (1) above, and the licensee requests a hearing in accordance with He-P 1404.03(d) , the hearing shall be held on the violations of He-P 1400 or RSA 328-H that resulted in the requiring of a directed plan of correction.

(c) If the outcome of a hearing held in accordance with (b) above is that the department did not have valid grounds to order the implementation of a directed plan of correction, then the suspension shall not be imposed.

(d) If the outcome of a hearing held in accordance with (b) above is that the department's order requiring the implementation of a directed plan of correction is upheld, the suspension shall take effect immediately and remain in effect until such time as the directed plan of correction is implemented corrective action is submitted and approved in accordance with (e) below.

(e) The length of suspension shall be until such time as the licensee:

(1) Complies with the requirements for which the suspension was issued; and

(2) Has paid all fines, if any, associated with the suspension; or

(3) Has his or her license revoked in accordance with (g) below.

(f) Upon reinstatement of a suspended license, the applicant shall not be required to pay an additional license fee, and the expiration date of the license shall remain the same.

(g) The commissioner shall revoke a license in accordance with He-P 1404.03 if the licensee:

(1) Has, at any time, been convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime, in accordance with RSA 328-H:10, V;

(2) Has given false information on his or her application relative to their required national certification;

(3) Fails to comply with the conditions for the removal of a suspension within 90 days of the suspension taking effect;

(4) Has committed an act or acts of inappropriate sexual contact with a client; or

(5) Has failed to maintain his or her national certification in accordance with RSA 328-H:10, I.

(h) A licensee whose license has been revoked or applicant whose application has been denied for committing an act or acts of inappropriate sexual contact shall not reapply for a license for:

(1) At least one year from the date the revocation or denial became final, for the first offense; and

(2) At least 3 years from the date the revocation or denial became final, for the second offense.

(i) License revocations and application denials, for committing an act or acts of inappropriate sexual contact, shall be permanent for the third offense.

(j) Except for (i) above, a licensee whose license has been revoked and who wishes to reapply for a license shall reapply as for an initial license in accordance with He-P 1402.01.

(k) Except for (i) above, an applicant whose application has been denied and who wishes to reapply for a license shall reapply as for an initial license in accordance with He-P 1402.01.

(l) In addition to (j) and (k) above, a license shall not be granted to any applicant until the applicant has complied with the requirements for which the revocation or denial was issued and has paid all fines, if any, associated with the revocation or denial.

#9681, eff 3-20-10

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