NHAND: State of New Hampshire Statutes, Chapter 328-E: Naturopathic Health Care Practice

NHAND: New Hampshire Statutes and Rules

NEW HAMPSHIRE ADMINISTRATIVE RULES NAT 100-500
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Nat 100-500
CHAPTER Nat 100 ORGANIZATION

PART Nat 101 PURPOSE AND SCOPE

Nat 101.01 Purpose and Scope. The rules of this title implement the statutory responsibilities of the New Hampshire board of naturopathic examiners created by RSA 328-E, namely:

(a) Determining the minimum standards for licensure of doctors of naturopathic medicine; and

(b) Establishing the organizational rules under which the board shall operate.

Source. #6379, eff 11-26-96

PART Nat 102 DEFINITIONS

Nat 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:

(a) "Acupuncture" means "acupuncture" as defined in RSA 328-E:2, I.

(b) "Administrative assistant" means any person with delegated authority from the department of health and human services to perform administrative and clerical functions for the board.

(c) "American College of Naturopathic Obstetrics" or "ACNO" an organization established by the profession to promote nationally recognized standards of competence and safety in naturopathic childbirth.

(d) "Applicant" means a person who has an application for a license pending before the board.

(e) "Approved" means the review and acceptance of a specific activity, agency, institution, organization, or program of study by the board, or by a legally authorized board or agency involved in naturopathic education or the practice of naturopathic medicine in another jurisdiction.

(f) "Board" means "board" as defined in RSA 328-E:2, III.

(g) "Clock hour" means a total of 50 minutes.

(h) "Continuing education" means any class, lecture, conference, workshop, cassette or video tape approved by the board.

(i) "Department" means the Department of Health & Human Services.

(j) "Doctor of naturopathic medicine" means "doctor of naturopathic medicine" as defined in RSA 328-E:2, IV.

(k) "License" means the legal authority required by RSA 328-E :3, I, to practice as a doctor of naturopathic medicine.

(l) "Licensee" means a person who has been issued a license pursuant to RSA 328-E.

(m) "National Commission for the Certification of Acupuncturists" or "NCCA" means an organization established by the profession to promote nationally recognized standards of competence and safety in acupuncture and oriental medicine.

(n) "Natural medicine" means agents from either plant, mineral or animal origins that are naturally occurring substances or manufactured substances that are produced to simulate such naturally occurring substances.

(o) "Natural therapeutics" means therapies used for the purpose of stimulating the body's own inherent healing abilities.

(p) "Naturopathic assistant" means a person who works under the supervision of a naturopathic doctor to carry out treatment protocols for patients, excluding diagnosis and prescription of naturopathic medicine.

(q) "Naturopathic medicine" means "naturopathic medicine" as defined in RSA 328-E:2, IX.

(r) "Naturopathic Physicians Licensing Examination" or "NPLEX" means a non-profit organization whose purpose is to prepare and administer examinations for agencies who regulate the practice of naturopathic medicine.

(s) "Reprimand" means to formally express board disapproval of actions performed by a licensee.

(t) "Revocation" means the termination of the authority to practice naturopathic medicine following disciplinary action.

(u) "Suspension" means the temporary withdrawal by formal action of the board of a doctor of naturopathic medicine's license and privilege to engage in the practice of naturopathic medicine.

Source. #6379, eff 11-26-96

PART Nat 103 BOARD ORGANIZATION

Nat 103.01 Composition of the Board. The board shall consist of 6 members, including the director of the division of public health services, until January 1, 1998, whereupon the director of the division of public health services is removed from the board leaving 5 members, who meet the eligibility requirements of RSA 328-E:7 and are appointed by the governor.

Source. #6379, eff 11-26-96

Nat 103.02 Duties of the Board. The board shall:

(a) Provide standards for the licensure and regulation of doctors of naturopathic medicine in order to protect the public health, safety and welfare;

(b) Insure that naturopathic medicine by qualified doctors of naturopathic medicine is available to the people of New Hampshire;

(c) Examine, investigate and license persons who apply for the authority to practice naturopathic medicine in New Hampshire and are found qualified under statutory authority and under the rules of this board;

(d) Undertake, when appropriate, disciplinary proceedings and disciplinary actions against licensees in accordance with the standards of RSA 328-E and this board;

(e) Investigate and prepare reports on any matter within the scope of RSA 328-E, and when appropriate, assess civil penalties against persons engaged in the unauthorized practice of naturopathic medicine; and

(f) Determine and define the scope of practice for the practice of naturopathic medicine, in accordance with the standards of RSA 328-E and this board.

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Nat 103.03 Administrative Services. The department shall designate an administrative assistant and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board's day-to-day operations.

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Nat 103.04 Office Hours, Office Location, Mailing Address and Telephone.

(a) The board's office shall be located at :

Department of Health & Human Services

6 Hazen Drive

Concord, N.H. 03301

(b) The office shall be open to the public weekdays, excluding holidays, from 8:00 A.M. to 4:00 P.M.

(d) The board's telephone number shall be (603) 271-4501.

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Nat 103.05 Meetings. The board shall meet on the third Wednesday of each quarter, and at such additional times called for by:

(a) The chairman; or

(b) Vote of the board.

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Nat 103.06 Quorum.

(a) A total of 4 members of the board shall constitute a quorum, in accordance with RSA 328-E:7, V, and shall be required to convene a meeting, conduct a hearing, or receive information of any kind.

(b) Any action shall be taken only by the affirmative vote of a majority of those board members present and voting.

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Nat 103.07 Committees.

(a) A committee shall consist of one or more board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.

(b) When expressly authorized by the board, the authority of a committee shall include the retention of voluntary assistance from qualified non-board members.

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PART Nat 104 PUBLIC INFORMATION

Nat 104.01 Record of Board Actions.

(a) Minutes shall be kept of board meetings and of official actions taken by the board. These minutes shall record those members who participate in each vote and shall separately record the position of members who choose to dissent, abstain or concur.

(b) Minutes of board actions shall be public per RSA 91-A:2, II and shall be available for inspection during the board's ordinary office hours within 144 hours from the close of the meeting.

(c) Notwithstanding Nat 104.01(b), minutes of proceedings in nonpublic session shall be public records and made available within 72 hours of the meeting, unless, per RSA 91-A:3, III, the board votes to keep such records confidential.

Source. #6379, eff 11-26-96

Nat 104.02 Custodian of Records. The administrator shall be the custodian of the board's records and shall respond to requests to examine those records which are subject to public inspection or which may otherwise be properly examined by the person requesting access.

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Nat 104.03 Copies of Records. Persons desiring copies of board records shall submit a request which reasonably describes the information being sought and agrees to pay a copying fee of $.25 per page. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

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CHAPTER Nat 200 PRACTICE AND PROCEDURE

PART Nat 201 PURPOSE AND DEFINITIONS

Nat 201.01 Purpose. The board shall conduct proceedings for the purpose of acquiring sufficient information to make fair and reasonable decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against licensees. These proceedings shall secure a just, efficient and accurate resolution.

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Nat 201.02 Definitions. Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter:

(a) "Adjudicatory proceeding" means any proceeding in which the rights, duties or privileges of a person are determined by the board, but does not include nonadjudicatory investigations or rulemaking.

(b) "Complaint" means a written allegation of professional misconduct against a licensee of the board.

(c) "Data" means all information other than argument, including oral or written descriptions, reports, maps, charts, drawings, photographs, audio or video recordings, computer programs, or computer printouts.

(d) "File" means to place a document in the actual possession of the board.

(e) "Hearing" means the receipt and consideration by the board of data or argument, or both and includes:

(1) Conducting trial-type evidentiary proceedings; or

(2) Directing the filing of exhibits, affidavits, memoranda, briefs, or oral arguments; or

(3) Any combination of these or similar methods.

(f) "Motion" means any request by a party to a proceeding for an order relating to that proceeding.

(g) "Order" means a document issued by the board:

(1) Granting or denying a petition or motion;

(2) Requiring a person to do, or to abstain from doing, something; or

(3) Determining a person's rights to a license or other privilege established by RSA 328-E or the rules of this chapter.

(h) "Petition" means any request to the board seeking an order or any other action or relief, but does not include a license application, a complaint against a licensee, or a motion.

(i) "Presiding officer" means the board member or other individual to whom the board has delegated authority to preside over procedural aspects of an adjudicatory or other proceeding.

(j) "Rulemaking" means the statutory procedures for the formulation of a rule set forth in RSA 541-A:3.

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Nat 201.03 Failure to Comply with Rules. Failure to comply with the rules of this chapter shall result in the following actions:

(a) Refusal of a noncompliant document for filing; or

(b) Denial or conditional denial of a noncompliant application, petition or motion; or

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PART Nat 202 APPEARANCES BEFORE THE AGENCY

Nat 202.01 Representatives.

(a) A person appearing before the board may, but shall not be required to, be represented by an attorney or a competent individual of good character who:

(1) Is an attorney holding a current and active New Hampshire license who has filed a written appearance with the board containing his or her business address and telephone number; or

(2) Is not a New Hampshire licensed attorney, but has filed a notice to appear as a representative.

(b) Notices filed per Nat 202.01(a)(2) shall briefly describe the proposed representative's reason for acting as a representative before the board, provide the proposed representative's daytime address and telephone number, and be signed by both the proposed representative and the party who would be represented.

(1) An attorney licensed in New Hampshire;

(2) An officer, director, or managing partner with express and written authority to act on behalf of the entity concerning the matter in question; or

(3) A representative.

(d) Nothing in this section shall be construed to permit the unauthorized practice of law.

(e) The board shall, after notice and opportunity for hearing, prohibit or restrict an individual from acting as a representative upon a finding that the individual has engaged in willful misconduct relating to representation before the board which would be sanctioned by a court if committed by an attorney appearing before the court.

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PART Nat 203 TIME PERIODS

Nat 203.01 Computation of Time. Any time period specified in this chapter shall begin with the day following the act, event, or default, and shall include the last day of the period, unless it is Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or state legal holiday. When the period prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded from the computation.

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Nat 203.02 Change in Allowed Times. A motion for a change of time shall be granted upon concurrence with all parties.

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Nat 203.03 Limitations. A motion to change time shall be filed at least 3 business days prior to the event in question.

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PART Nat 204 FILING AND SERVICE OF DOCUMENTS

Nat 204.01 Filing of Documents with the Board.

(a) A document shall be considered filed when it is actually received at the board's office in Concord and conforms to the requirements of this chapter. A document tendered for filing which is patently and facially in violation of the board's rules shall be returned to the sender and not accepted for filing.

(b) All correspondence to the board shall be addressed to the board's office in Concord in care of its administrative assistant.

(c) All documents filed shall be filed with an original and 6 copies, except that only a single copy of correspondence, license applications and complaints against licensees shall be filed.

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Nat 204.02 Subscription and Veracity of Documents.

(a) All complaints, petitions, motions, and replies filed with the board shall be signed and dated by the proponent of the document or, if the party appears by a representative, by the representative.

(b) License applications shall be signed only by the applicant.

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer's knowledge, information, and belief, there are grounds to support it; and

(4) The document has not been filed for purposes of delay or harassment.

(d) The board shall refuse for filing any document for a willful violation of (c), above.

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Nat 204.03 Service of Documents.

(a) Complaints against licensees shall be filed with the board with service upon the licensee in question.

(b) Applications, petitions for rulemaking and petitions for declaratory rulings shall be filed with the board without service upon other persons.

(c) All motions, replies, exhibits, memoranda, or other documents filed in an adjudicatory proceeding shall be served by the proponent upon all parties to the proceeding and any complainant or other interested person who has an intervention request pending by one of the following:

(1) Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the last address given to the board by the party being served, no later than the day the document is filed with the board; or

(2) Delivering a copy of the document in hand on or before the date it is filed with the board.

(d) All notices, orders, decisions or other documents issued by the board in the course of an adjudicatory proceeding shall be served by the board upon all parties to the proceeding by one or all of the following methods:

(1) Depositing a copy of the document, first class postage prepaid, in the United States mail, addressed to the last address given to the board by the party; or

(2) Delivering a copy of the document in hand to the party.

(e) When a party has appeared by a representative, service shall be made upon the representative, and shall be considered service upon the party. If a party appears by 2 or more representatives, service upon one of them shall be sufficient.

(f) Except for exhibits distributed at a prehearing conference or hearing, every document filed with the board, and required to be served upon the parties to an adjudicatory proceeding, shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service, and the persons served.

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PART Nat 205 PLEADINGS, COMPLAINTS AND MOTIONS

Nat 205.01 Pleadings.

(a) The only pleadings permitted shall be petitions and replies to petitions.

(b) Complaints against licensees shall be a particular type of petition and shall be governed exclusively by Nat 205.02.

(d) All petitions other than complaints shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts which warrant the relief requested from the board;

(4) The description of the action which the petitioner wishes the board to take; and

(5) A citation to any statutes, rules, orders, or other authority which entitles the petitioner to have the board act as requested.

(e) Board replies to all petitions including complaints shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the representative of the petitioner, if any;

(3) A statement addressing each fact alleged in the petition pursuant to Nat 205.01(b)(3);

(4) A statement addressing the authority identified by the petitioner pursuant to Nat 205.01(b)(5);

(5) A concise response to each statement noted in Nat 205.01(b)(3);

(6) Identification of any statutes, rules, orders or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

(7) The action the board took.

(f) Replies shall be filed within 15 days from the date of the petition.

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Nat 205.02 Complaints of Licensee Misconduct.

(a) Complaints alleging misconduct by licensees noting violations of RSA 328-E:9, RSA 328-E:14 or Nat 501 shall be in writing and filed at the board's offices in Concord, New Hampshire.

(b) A complaint shall contain the following information:

(1) The name and address of the complainant;

(2) The name and address of the licensee against whom the complaint is directed.

(3) Date, time, place and summary of alleged violation(s);

(4) Name, address of those having knowledge of the alleged violations;

(5) Specific provision of RSA 329-E:9, RSA 329-E:14 or Nat 501 on which the complaint is based; and

(6) Other data pertinent to the complaint.

(c) A complaint shall be not be accepted that alleges acts of misconduct that occurred more than 6 years before the filing date unless it also alleges that these acts could not have reasonably been discovered during the intervening 6 year period.

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Nat 205.03 Motions and Objections Thereto.

(a) Unless presented during an oral session of a proceeding, all motions and objections shall be in writing.

(b) All motions, petitions, and objections shall state clearly and concisely the following:

(1) The purpose;

(2) The relief sought;

(3) The statutes, rules, orders, or other authority authorizing the relief; and

(4) The facts claimed to constitute grounds for the relief.

(1) The defense of the party filing the reply;

(2) The action which the party filing the reply wishes the board to take;

(3) The statutes, rules, orders, or other authoritative relief in defense of the reply; and

(4) Any facts which are additional to, or different from, the facts stated.

(d) An objection to a petition or motion shall specifically admit or deny each fact contained in the motion. Failure to deny a fact contained in a motion shall constitute the admission of that fact for the purposes of the motion. In the event a party filing an objection to a motion lacks sufficient information to either admit or deny a fact contained in the motion, the party shall so state, specifically identifying such fact.

(e) Petitions or motions shall be decided upon the writings submitted. Repetitious motions shall not be submitted.

(f) Board replies to petitions or motions shall be filed within 90 days after the filing of the motion. Failure to object to a motion within the time allowed shall constitute acceptance of the motion.

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PART Nat 206 ADJUDICATORY AND DISCIPLINARY PROCEEDINGS

Nat 206.01 Applicability. This part shall govern all proceedings conducted by the board except rulemaking and declaratory rulings.

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Nat 206.02 Commencement.

(a) The board shall commence an adjudicatory proceeding by issuing a notice to the parties at least 15 days before the first scheduled hearing date or first prehearing conference.

(b) The notice commencing an adjudicatory proceeding shall:

(1) Identify the parties to the proceeding as of the date of the order and specify a deadline for the submission of petitions to intervene or statements by complainants that they intend to participate as a party;

(2) Briefly summarize the subject matter of the proceeding, and identify the issues to be resolved;

(3) Attach any complaint against the licensee that forms, in whole or in part, the basis of the issues to be resolved;

(4) Specify the legislative authority for the proposed action, and identify any applicable board rules;

(5) Specify the type of procedures to be followed;

(6) Specify the date by which, and the address where, appearances or motions by representatives shall be filed;

(7) Specify the date, time, and location of an initial prehearing conference or dates for an oral hearing;

(8) Identify the presiding officer for the proceeding, if other than the chairperson of the board;

(9) Identify any confidentiality requirements applicable to the proceeding; and

(10) Contain such other information as the circumstances of the case may warrant including, but not limited to, orders consolidating or severing issues in the proceeding with other proceedings, and orders directing the production of documents.

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Nat 206.03 Docketing, Service of Notice, Public Notice.

(a) The board shall assign each adjudicatory proceeding a docket number, and serve the hearing notice upon all parties to the proceeding and the board's legal counsel in the civil bureau, department of justice. The hearing notice shall be served upon the respondent, and the complainant, if any, by means of certified mail.

(b) Service of all subsequent orders, decisions and notices issued by the board, including any amendments to the hearing notice, shall be served upon the parties, including any intervenors, by regular mail.

(c) Orders, notices, and decisions of the board, and motions, memoranda, exhibits, and other documents and data submitted to the board in a docketed case shall be kept in a docket file and made available for public inspection in the board's office except to the extent that confidentiality has been otherwise provided for by law.

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Nat 206.04 Intervention.

(a) Petitions for intervention filed at any time after commencement of a proceeding shall state:

(1) The petitioner's interest in the subject matter of the hearing;

(2) The petitioner's position with respect to the subject matter of the hearing;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

(4) Any other reasons why the petitioner should be permitted to intervene.

(b) Petitions for intervention shall be granted if the petitioner has an interest in the proceeding and has clearly stated this interest.

(c) A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

(d) Once granted leave to intervene, intervenors shall take the proceeding as they find it and no portion of the proceeding shall be repeated because of the fact of intervention.

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Nat 206.05 Right to Representation.

(a) Any party in an adjudicatory proceeding may be represented by counsel or lay representation, but such person appearing on behalf of a party shall first file a letter announcing the fact of representation at the earliest date practical.

(b) Parties shall retain counsel at their own expense and requests for appointment of counsel shall not be entertained.

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Nat 206.06 Prehearing Conferences.

(a) At any time following the commencement of an adjudicatory proceeding, the board shall, upon motion direct all interested parties to attend one or more prehearing conference to aid in the disposition of the proceeding.

(b) There may be considered at a prehearing conference:

(1) Opportunities and procedures for settlement;

(2) Opportunities and procedures for simplification of the issues;

(3) Possible amendments to the pleadings;

(4) Possible admissions of fact and of documents to avoid unnecessary proof;

(5) Possible limitations on the number of witnesses;

(6) Possible changes to the standard procedures which would otherwise govern the proceeding;

(7) The distribution of written testimony, if any, and exhibits to the parties;

(8) Possible consolidation of the examination of witnesses by the parties; and

(9) Any other matters which might contribute to the prompt and orderly conduct of the proceeding.

(c) The board shall cause prehearing conferences to be recorded unless all parties wish to discuss possible settlement off the record. Matters decided at a prehearing conference shall be reflected in an appropriate order.

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Nat 206.07 Discovery and Disclosure.

(a) Upon the written request of a party, the board shall disclose to the parties to a proceeding, any information, not privileged, in the possession of the board, that is pertinent to the subject matter of the proceeding.

(b) Parties shall attempt to agree informally among themselves concerning the mutual exchange of relevant information. If these efforts prove unsuccessful, a party wishing to initiate discovery against another party shall, by motion, seek leave to do so and shall identify the exact type of discovery requested.

(c) Discovery shall be permitted when it appears that the parties cannot adequately address the factual issues at the time fixed for the presentation of evidence without an opportunity to acquire data pursuant to discovery, the requested method of discovery is reasonable and will not cause material unfairness or unreasonable expenses to any party, and the requested discovery will not unreasonably delay the proceeding.

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Nat 206.08 Subpoenas.

(a) Subpoenas for the attendance of witnesses or the production of evidence in board investigations or adjudicatory proceedings shall be issued only upon the order of the board.

(b) A subpoena shall be issued on the initiative of the board or in response to the motion of a party.

(c) A party requesting a subpoena shall attach a copy of the proposed subpoena to the motion. If the motion is granted, the requesting party shall be responsible for the service of the subpoena and payment of any witness fee and mileage expense that might be required.

(d) The person to whom the subpoena is directed may, within 10 days of service of the subpoena, or before the date specified by the board in the subpoena for compliance therewith, whichever is earlier, file a motion to quash or modify the subpoena.

(e) If the board denies the motion to quash or modify, in whole or in part, the person to whom the subpoena is directed shall comply with the subpoena, within the time prescribed in the subpoena.

(f) A subpoena shall be served by any person who is 18 years of age or older, and in the manner authorized for services of subpoenas in the New Hampshire superior court. The fact of service shall be written on the reverse of the original subpoena by the person making service and a copy shall be immediately returned to the board by the person making service.

(g) Should any person fail to comply with a subpoena issued pursuant to this section, the board shall seek judicial enforcement.

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Nat 206.09 Evidence.

(a) Proceedings shall not be conducted under the rules of evidence, but the evidentiary privileges recognized by the law of New Hampshire shall apply to proceedings under this chapter.

(b) All data which will reasonably assist the board arrive at the truth shall be admissible.

(c) The board may direct that some or all of the evidence be submitted in written form. Oral testimony shall be allowed when necessary to avoid paterial prejudice or to permit full and fair disclosure of disputed material facts.

(d) If the board officially notices a fact, it shall so state, and permit any party, upon timely request, the opportunity to show the contrary.

(e) Witnesses appearing before the board shall testify under oath or affirmation.

(f) The board shall cause a tape or stenographic record to be made of hearings and prehearing conferences. This record shall be transcribed upon the request of a party who pays the estimated cost of transcription in advance. If the board elects to transcribe some or all of the record, upon request by the parties or its own initiative, the party so requesting shall pay the fee for transcription or copies.

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Nat 206.10 Burden of Proof.

(a) The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

(b) Without limiting the generality of paragraph (a), above, all moving parties and all petitioners shall have the burden of persuading the board that their motion or petition should be granted.

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Nat 206.11 Methods of Proceeding.

(a) Where there are no disputes as to the material facts involved in the subject matter of the proceeding, offers of settlement shall be entertained.

(b) Where facts material to the subject matter of the proceeding are in dispute, the proceeding shall consist of a trial-type evidentiary hearing with the subsequent submission of memoranda.

(c) Where facts material to the subject matter of the proceeding are in dispute, but personal observation of witnesses or the immediate opportunity for cross-examination of witnesses is not required, some or all of the proceeding may, to that extent, consist of the sequential submission of affidavits and memoranda;

(d) Where there are no disputes of facts material to the subject matter of the proceeding, the proceeding shall be limited to the submission of memoranda wherein are argued the conclusions the parties wish the board to draw from said facts;

(e) Oral argument, other than a brief opening and closing statement, shall be permitted only when requested in a written motion which demonstrates a substantial need for such a procedure. Written argument in the form of legal briefs or memorandum shall be permitted subject to such filing schedules as the board may require.

(f) The foregoing subsections shall not limit the board's authority to structure a proceeding in a manner suitable to its subject matter, or to require the submission of additional data at any time, including the ordering of supplemental hearings.

(g) An order scheduling a supplemental hearing may be issued by the presiding officer or board at any time prior to the issuance of a final order in the proceeding.

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Nat 206.12 Inquiry By Board Members. The board members, present in an adjudicative proceeding and subject to the direction of the presiding officer who shall regulate the time and manner of speaking in an orderly fashion, may question witnesses consistent with their role as quasi-judicial officials, and make such inquiry of parties or counsel.

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Nat 206.13 Proposed Findings of Fact and Conclusions of Law. Any party may submit proposed findings of fact and conclusions of law. The board shall include individual rulings upon such proposed findings or conclusions as part of its final decision.

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Nat 206.14 Ex Parte Communications. Once a notice of hearing has been issued commencing an adjudicatory proceeding, no party shall communicate with any member of the board participating in the proceeding, or the presiding officer, concerning the merits of the case except upon notice to all parties and granting an opportunity for such party or parties to participate. In accordance with the rules of this chapter, no party shall cause another person to make such communications or otherwise engage in conduct prohibited by RSA 541-A:36.

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Nat 206.15 Disciplinary Hearings.

(a) Adjudications in disciplinary matters shall be conducted in accordance with Nat 206. The presiding officer shall set forth in writing the hearing order, prehearing order, or other appropriate order served upon the parties.

(b) No hearing notice shall be amended at any time after to the issuance of a final order. The parties shall receive at least 15 days notice and an opportunity to be heard on any amended issues.

(c) The licensee shall respond in writing to stated misconduct allegations by responding to each allegation within a reasonable time period specified by the board. Failure to so respond shall result in an order of default, including disciplinary sanctions, against the licensee.

(d) The board may, at any time during the course of a disciplinary hearing, appoint an attorney or other qualified person to investigate and prosecute misconduct allegations in furtherance of the public protection features of RSA chapter 328-E. The decision to appoint an attorney or other person to investigate and prosecute misconduct allegations shall be reserved to the discretion of the board and shall not be the subject of a motion by any party.

(e) Prehearing conferences in disciplinary proceedings shall not be open to the public.

(f) The parties shall submit written memoranda of law or fact, proposed findings or fact and conclusions of law, or present oral argument on some or all aspects of the proceedings when requested to do so by the presiding officer.

(g) The parties shall, as ordered by the presiding officer, participate in one or more sessions of the disciplinary proceeding for the purpose of receiving additional evidence relevant to the disciplinary proceeding. An order scheduling additional sessions shall be issued by the presiding officer at any time prior to the issuance of a final order on the proceeding.

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PART Nat 207 PRESIDING OFFICER

Nat 207.01 Designation.

(a) Adjudicatory proceedings commenced by the board shall be conducted by a presiding officer.

(b) The board president shall serve as presiding officer or shall designate another qualified person to so serve.

(c) The presiding officer shall serve in a conscientious and truthful manner or shall be removed by the board without notice or hearing.

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Nat 207.02 Authority of Presiding Officer.

(a) The presiding officer shall possess all authority with respect to the procedural aspects of adjudicatory proceedings that would be possessed by the board itself, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceeding, and decide procedural and discovery issues.

(b) The presiding officer shall receive no testimony or oral argument on the merits of the case unless a quorum of the board members eligible to participate in the proceeding, including the presiding officer, are present.

(c) Except in proceedings conducted pursuant to Nat 207.02(d), the presiding officer shall, consistent with the fair and orderly conduct of the proceeding, permit board members who are present during any stage of an adjudicatory proceeding to make reasonable inquiries of the witnesses.

(d) The presiding officer shall not accept final offers of settlement or impose consent decrees, but shall assist the parties in reaching settlements. When a settlement has been proposed in writing, the presiding officer shall refer the settlement to the board for decision, but shall not stay the proceeding while the board is deliberating on the settlement proposal.

(e) The presiding officer shall not decide motions or enter orders which finally resolve the proceeding or stay the proceeding for more than 60 days. Potentially dispositive motions shall be referred to the board or deferred until the close of the record.

(f) If the presiding officer believes that a default or similar final order should be entered against a party, the presiding officer shall issue a written recommendation to the board, with service on the parties, and the board shall take appropriate action after allowing the parties l0 days to file objections thereto.

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Nat 207.03 Exceptions to Rulings By The Presiding Officer.

(a) There shall be no interlocutory appeal to the board of procedural or discovery orders made by the presiding officer.

(b) After the close of the record, the parties shall be provided 10 days to submit written exceptions to rulings of the presiding officer. The board shall rule upon any exceptions and shall reopen or modify the record, if necessary or appropriate to effect relief.

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PART Nat 208 RECONSIDERATION AND STAY

Nat 208.01 Motion for Reconsideration.

(a) An adjudicatory order of the board shall not be final until the date it is served upon the parties pursuant to Nat 204.03(c).

(b) Within 30 days after service of a final adjudicatory order of the board, any party, may file a motion for reconsideration which, if the action is subject to judicial review under RSA 541, shall serve as a petition for rehearing under the statute. No distinction shall be made between the terms "reconsideration" and "rehearing."

(c) The board shall grant or deny the motion, or any part thereof, on its merits, or treat the motion as one for reopening and grant it pending the receipt of such additional data or additional argument as it considers necessary.

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Nat 208.02 Reconsideration on the Board's Own Motion.

(a) Within the time frame specified in Nat 208.01(b), the board shall reconsider, revise or reverse or affirm any final action.

(b) If reconsideration is based upon the existing record, prior notice shall not be given to the parties. If the board believes further argument or data should be considered, an order providing the parties with notice and an opportunity to be heard shall be issued before any revision is made in the board's previous action.

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Nat 208.03 Stay of Board Orders.

(a) A stay of board action shall be specifically requested. The mere filing of a motion for reconsideration shall not operate as a stay of any order, but a motion for stay may be combined with a motion for reconsideration.

(b) A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified by Nat 208.01(b), and shall demonstrate good cause sufficient to warrant the stay of an action by the New Hampshire superior court.

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PART Nat 209 CONSOLIDATION AND SEVERANCE

Nat 209.01 Consolidation. Whenever it shall appear to the board, upon motion , that 2 or more proceedings involve substantially similar or substantially related issues, the board shall, as fairness and efficiency permit, consolidate those proceedings for hearing, or decision, or both.

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Nat 209.02 Severance. Whenever it shall appear to the board, upon motion, that injury to the substantial rights of a party or undue delay might be thereby avoided, the board shall, as fairness and efficiency permit, sever one or more issues from a proceeding, and dispose of those issues in another proceeding.

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PART Nat 210 COMPLAINTS AND INVESTIGATIONS

Nat 210.01 Initiation of Disciplinary Proceedings. The board shall undertake investigations and disciplinary hearings, in response to a written complaint filed in accordance with Nat 205.02 or in response to other information that comes to the board's attention.

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Nat 210.02 Processing of Complaints.

(a) Upon receipt of a complaint, the board shall commence an investigation for the purpose of obtaining documents, recording testimony, and otherwise gathering information relevant to any matter within its jurisdiction, pursuant to Nat 210.03.

(b) The board shall dismiss a complaint at any time for failure to state a cause of action, failure to respond to a request for information, or failure to participate in any investigation or hearing ordered by the board.

(c) At any stage of the board's investigation of the allegations in a complaint, the board shall, with the consent of the licensee, issue a final settlement agreement or consent order that imposes discipline upon the licensee and terminates further disciplinary action in whole or part.

(d) Action under (c) above, shall not be taken unless:

(1) The complainant receives notice and an opportunity to submit written comments concerning the proposed settlement or consent decree; and

(2) There are no material facts in dispute between the licensee and the complainant, and the discipline imposed by the board would not be greater than that imposed by the proposed settlement or consent decree.

(e) At any time during the board's investigation of the allegations in a complaint, the board shall encourage the licensee and the complainant to participate in mediation on a timely and good faith basis with a non-board member designated and who agrees to act as a mediator.

(f) When mediation is suggested under (e), above, the mediator shall attempt resolution of the dispute between the complainant and the licensee, and , within 60 days of consensus on mediation, shall submit a written report to the board.

(g) The report noted under (f), above, shall contain:

(1) A written settlement agreed to by the parties; or

(2) A report of the circumstances that appear to prevent settlement of the issues between the parties.

(h) Upon receiving the mediator's report, the board shall, with the consent of the complainant, discontinue its investigation, or proceed further with disciplinary proceedings.

(i) Information concerning the misconduct issues alleged by the complainant and disclosed to the mediator during good faith mediation shall be negotiated with the parties.

(j) Unless previously settled, a complaint that raises genuine issues of dishonesty or misconduct shall be incorporated into a notice of hearing that commences a disciplinary hearing pursuant to Nat 206.15.

(k) Disciplinary action against the licensee shall be determined based upon the board's evaluation of the evidence submitted during the hearing.

(l) When a complaint is the subject of a disciplinary hearing, the notice of hearing shall provide the complainant the opportunity to intervene in the proceeding. A complainant shall have no rights to participate in a disciplinary hearing as an intervenor unless an affirmative election to intervene is made to the board in writing.

(m) Information gathered during the investigations shall not be released to the public until an evidentiary hearing is held or a final settlement or other disposition of such a proceeding is reached.

(n) Information provided during an evidentiary hearing shall be considered public information.

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Nat 210.03 Investigations.

(a) The board shall conduct such investigations as it deems necessary to examine acts of possible misconduct that come to its attention through complaints or other means.

(b) The board shall appoint a member of its staff, or one or more of its members, or other knowledgeable person to conduct the investigation. When a board member participates in an investigation, that board member shall not participate in any further actions of the board concerning the subject matter of the investigation.

(1) The statutory or regulatory authority for the investigation;

(2) Any statutes or rules believed to have been, or are about to be, violated;

(3) The identity of the persons, or class of persons, who are subject of the investigation;

(4) The general nature of the conduct being investigated;

(5) The identity of the investigating officer or committee; or

(6) The date upon which the investigating officer shall report his or her findings and recommendations to the board.

(d) Investigations shall not commence a disciplinary hearing and shall not constitute an allegation of misconduct against a licensee.

(e) When an investigation occurs, an investigator designated by the board shall contract such persons and examine such records and other documents as are reasonably necessary to make a recommendation as to whether further board action should be taken on the allegations in question.

(f) Investigations, including those based upon allegations in a complaint shall be conducted on an ex parte basis.

(g) Following the investigation, the investigator shall make a written report and recommendation to the board whether to conduct further disciplinary proceedings.

(h) Investigatory reports and all information gathered by an investigator shall be confidential, provided that:

(1) The investigator's report shall be made available to the parties in any adjudicatory proceeding resulting therefrom; and,

(2) Upon request, the board shall provide information gathered in a disciplinary investigations to:

a. Law enforcement agencies;

b. Board's or agencies of other jurisdictions;

c. Board investigators or prosecutors;

d. Expert witnesses or assistant retained by board prosecutor; and/or

e. Persons to whom the licensee has given a release.

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PART Nat 211 RULEMAKING

Nat 211.01 How Adopted. A board rule, or any amendment or repeal thereof, shall be adopted by order after notice and opportunity for a legislative-type hearing as provided by RSA 541-A:3 et. seq. Rules shall be proposed in accordance with RSA 541-A.

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Nat 211.02 Petition for Rulemaking. Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a petition which contains:

(a) A statement of the petitioner's request for the proposed rule;

(b) The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed rule;

(c) If the petitioner proposes to amend or repeal an existing rule, an identification of the particular rule sought to be amended or repealed; and

(d) Any other data or argument the petitioner wishes to submit if he/she believes such material might be useful to the board in deciding whether to commence a rulemaking proceeding.

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Nat 211.03 Disposition of Petition.

(a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:6. The board shall request additional data or argument from the petitioner or other interested person to clarify the argument.

(b) If the argument fails to support the petition, the board shall state the reason therefore in the order.

(c) If the argument supports the petition, the board shall commence a rulemaking proceeding in accordance with RSA 541-A:3 et. seq.

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PART Nat 212 DECLARATORY RULINGS

Nat 212.01 Petitions.

(a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 6 copies of a petition pursuant to Nat 205.01(b).

(b) Such a petition shall also set forth the following information:

(1) The exact ruling being requested; and

(2) The statutory and factual basis for the ruling, including any supporting affidavits or memoranda of law.

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Nat 212.02 Action on Petitions.

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received.

(b) Upon review and consideration, the board shall within 90 days respond to the petition giving its reasons in writing.

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PART Nat 213 IMMEDIATE LICENSE SUSPENSIONS DURING SPECIAL CIRCUMSTANCES

Nat 213.01 Suspension Pending Completion of Disciplinary Proceedings.

(a) When the board receives information indicating that a licensee has engaged in dishonesty or misconduct that poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 541-A:30, III that sets forth the alleged misconduct and immediately suspends the license for up to 10 days pending completion of an adjudicatory proceeding on the specified issues. Pursuant to RSA 541-A:30, III, an adjudicative hearing shall commence no later than 10 working days after the license suspension.

(b) Suspension orders under this section shall set forth the notice of hearing and state the time, date and place when the licensee shall have an opportunity to be heard.

(c) No hearing date established in the proceeding conducted under this section shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the boards final decision.

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PART Nat 214 WAIVER OF SUBSTANTIVE RULES

Nat 214.01 Petitions for Waiver.

(a) Any interested person may request the board to waive or suspend any rule by filing an original and 2 copies of a petition pursuant to Nat 205.01(b) which clearly identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.

(b) Petitions for waivers of substantive rules shall address whether:

(1) Adherence to the rule would cause the petitioner hardship;

(2) The requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;

(3) Waiver of the rule would be consistent with the statutes and regulatory programs administered by the board;

(4) Waiver of the rule would injure third persons; and

(5) Other good cause for waiving the rule exists.

(c) If examination of the petition reveals that other persons would be substantially affected by the proposed relief, the board shall require service of the petition on such persons and advise them that they may file a reply to the petition pursuant to Nat 205.01(c).

(d) The petitioner shall provide such further information or participate in such evidentiary or other proceedings ordered by the board after reviewing the petition and any replies received.

(e) A petition for waiver of a rule which does not allege material facts, which, if true, would be sufficient to support the requested waiver, shall be denied without further notice or hearing.

(f) The board shall initiate a waiver or suspension of a substantive rule by providing affected parties with notice and an opportunity to be heard, and issuing an order which finds that waiver would be consistent with the criteria of (b), above.

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CHAPTER Nat 300 LICENSING REQUIREMENTS

PART Nat 301 APPLICATION PROCEDURE

Nat 301.01 Application Process.

(a) Persons who are not licensed as a doctor of naturopathic medicine or naturopathic physician in any state or other jurisdiction and who wish to apply for a license in New Hampshire shall do so by submitting an application provided by the board which contains the information specified by Nat 301.02, including the application fee specified by Nat 306.01.

(b) An application which is not signed by the applicant, and is not accompanied by a valid check for the application fee shall not be accepted for filing and shall be returned to the applicant. An application shall be subject to nonacceptance for a period of time not to exceed 2 weeks to permit initial review and determine whether an applicant's check has been honored. Unless expressly rejected within this time period, the application shall be deemed accepted on the date it was first received by the board.

(c) An application shall not be considered filed until it has been accepted for filing. The board shall acknowledge the receipt of all applications within 60 days from acceptance for filing, and shall also notify the applicant in writing of any deficiencies in the application or any further information needed to evaluate the applicant's qualifications. This additional information shall be provided by the applicant within 30 days from the date of the board's letter. Failure to provide such information in a timely fashion shall require resubmission of the application in its entirety.

(d) Unless a waiver of the following time limit has been requested by the applicant and granted by the board, the board shall, within 120 days from acceptance for filing either:

(1) Grant the application; or

(2) Deny the application.

(e) If an application is denied, the applicant shall be provided an opportunity to request a hearing on the deficiency issues identified by the board within 30 days of the board's order of denial. If a timely hearing is not requested, the application shall be denied.

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Nat 301.02 Application Requirements.

(a) Each person applying for a naturopathic doctor license pursuant to RSA 328-E shall submit to the board the application form per Nat 301.03.

(b) As part of the application process the applicant shall also submit the following:

(1) The applicable license fee;

(2) Copies of documents and certificates in accordance with Nat 302.01;

(3) A recent, unretouched 3" by 4" photograph of the applicant;

(4) At least 2 letters of professional character from licensed medical doctors, licensed osteopathic doctors, or licensed doctors of naturopathic medicine, which identifies the name and address of each such licensee;

(5) An official transcript(s) from each postsecondary educational institution attended by applicant; and

(6) For those applying for licensure by reciprocity, a photocopy of current license.

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Nat 301.03 Application Form.

(a) All applicants applying for a naturopathic doctor license shall complete an application form to practice naturopathic medicine in New Hampshire.

(b) All information entered on the application form shall be:

(1) Typewritten; or

(2) Legibly printed in ink.

(1) In writing wherever applicable; and/or

(2) By check mark next to the corresponding response.

(d) Applicants shall provide the following information:

(1) Applicant information:

a. Full legal name;

b. Street residence or mailing address;

c. City or town;

d. State and zip code number;

e. Home telephone number;

f. Business information, which shall include:

(i) Address;

(ii) City or town;

(iii) State and zip code number; and

(iv) Business telephone number.

(2) An indication in the space provided, if necessary, as to whether the applicant has:

a. Ever been refused a license by any medical or other occupational licensing body;

b. Ever been convicted of a felony or misdemeanor;

c. Been treated for drug or alcohol addiction or abuse;

d. Been hospitalized for any mental or emotional illness within the past year;

e. Ever had a mental or physical illness or disability which restricted his or her ability to practice naturopathy for more than 30 days; or

f. Previously been, but is not now licensed to practice naturopathic medicine in any other state or jurisdiction.

(3) For each item responded to in (2) above, the applicant shall provide the date and reason for such response.

(e) The form shall then be:

(1) Signed; and

(2) Dated.

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Nat 301.04 Application Certification. By signing the application for licensure form, the applicant shall certify that:

(a) The information provided in the application is true to the best of the applicant's knowledge;

(b) The applicant has not been convicted or found guilty of a misdemeanor or felony involving naturopathic medicine;

(d) The applicant understands any falsification of information shall result in license denial, suspension or revocation in accordance with Nat 402.

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Nat 301.05 Denial of License Application.

(a) Denial of an application for a naturopathic doctor license shall be made in accordance with RSA 541-A:29.

(b) An application for licensure shall be denied if:

(1) The applicant has intentionally submitted false information in the application;

(2) The applicant has not met the qualifications for licensure per Nat 302 or 304; or

(3) The applicant has not successfully completed the NPLEX exam per Nat 303.

(c) Any applicant aggrieved by the decision of the board relating to a denial of an application may request an adjudicatory hearing on accordance with Nat 200.

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PART Nat 302 EDUCATIONAL QUALIFICATIONS

Nat 302.01 Educational Qualifications. Applicants for licensure as a naturopathic doctor shall establish that he/she is a graduate of:

(a) An approved naturopathic medical college, pursuant to RSA 328-E:2, II; or

(b) A foreign country naturopathic medical college which possess equivalent qualifications to those required of US naturopathic medical colleges per Nat 302.02; or

(c) An era-appropriate naturopathic medical college which has been approved by the board as having appropriate education standards for naturopathic medical programs which shall include, but not be limited to, the following:

(1) A naturopathic medical college that is or was incorporated in the United States under the laws of the state of its residence as a non-profit, non-proprietary institution exempt from taxation by the IRS, due to its devotion to educational purposes; and

(2) A naturopathic medical college that has or had formal authority from the appropriate state or provincial government to grant N.D. or N.M.D. degree, and has as its major mission the education of doctors of naturopathic medicine and the preparation for licensing;

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Nat 302.02 Approved Naturopathic Medical College Standards. To be an approved naturopathic medical college, the educational institution shall meet the following standards:

(a) The naturopathic medical college's objective shall be clearly stated and should address the preparation of doctors of naturopathic medicine to provide patient care and for licensing by state and provincial authorities.

(b) The curriculum shall encompass a minimum of 4 academic years of full-time resident program of academic and clinical study of naturopathic medicine;

(c) Educational standards shall include instruction in a core program which requires each student to demonstrate competence in each of the following substantive content areas:

(1) The basic sciences program shall include in-depth study and courses on:

a. Human anatomy;

b. Physiology;

c. Biochemistry;

d. Pathology;

e. Pharmacology; and

f. Pharmacognosy;

(2) A basic science program may also include, without limitation, courses in public health and naturopathic philosophy;

(3) Total hours in basic sciences shall be a minimum of 1000 clock hours, with 12 clock hours equal to one quarter credit, or equivalent semester credit;

(4) The clinical sciences program shall include preparation of the student to diagnose the causes of human ailments and treat them using naturopathic medications and methods;

(5) The clinical sciences program shall include:

a. Diagnostic courses, which shall include:

1. Physical;

2. Clinical;

3. Laboratory; and

4. Radiological;

b. Therapeutic courses, which shall include:

1. Botanical medicine;

2. Homeopathy;

3. Nutrition;

4. Naturopathic physical medicine; and

5. Psychological counseling;

c. Specialty courses, which shall include:

1. Organ systems;

2. Cardiology;

3. Dermatology;

4. Endocrinology;

5. Eyes, ears, nose and throat;

6. Gastroenterology;

7. Orthopedics;

8. Neurology;

9. Gynecology;

10. Natural childbirth;

11. Obstetrics;

12. Pediatrics;

13. Geriatrics;

14. Jurisprudence; and

15. Medical emergencies.

(6) A clinical sciences program may also include, without limitation, courses in acupuncture.

(7) Total hours in clinical sciences shall be a minimum of 1200 clock hours with 12 clock hours equal to one quarter credit, or equivalent semester credit.

(8) A clinical program which shall give the student experience in a clinical setting, under licensed supervision, in all aspects of naturopathic practice.

(9) The student shall, at a minimum, have primary care responsibility in the institution's teaching clinic and preceptorship in one or more practicing physician's offices.

(10) Total hours in clinical program shall be a minimum of 1000 clock hours, with 12 clock hours equal to one quarter credit, or equivalent semester credit.

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Nat 302.03 Certification for Naturopathic Childbirth Specialty.

(a) To be certified in naturopathic childbirth, a doctor of naturopathic medicine shall:

(1) Comply with RSA 328-E:12, I and II; and

(2) Successfully pass the examination established by ACNO.

(b) Applicants shall prove successful completion of the exam by requesting that ACNO report his/her scores to the board office as part of the application documentation.

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Nat 302.04 Certification for Acupuncture Specialty.

(a) To be certified in naturopathic acupuncture, a doctor of naturopathic medicine shall:

(1) Comply with RSA 328-E:12, III.

(2) Successfully pass the examination established by NCCA.

(b) Applicants shall prove successful completion of the exam by requesting that NCCA report his/her scores to the board office as part of the application documentation.

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PART Nat 303 NATUROPATHIC LICENSE EXAMINATIONS

Nat 303.01 Written Examination - NPLEX.

(a) An applicant for licensure shall successfully pass the NPLEX examination.

(b) Applicants shall prove successful completion of the exam by requesting that NPLEX report his/her scores to the board office as part of the application documentation.

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PART Nat 304 LICENSURE BY RECIPROCITY

Nat 304.01 Application Process.

(a) Persons wishing to apply for a naturopathic medical license based upon their possession of a current and valid license from another state or country whose educational qualifications meet the requirements of Nat 302.01 shall do so by submitting an application provided by the board which contains the information specified by Nat 301.03, including the application fee specified by Nat 306.01(a).

(b) Applications for licensure by reciprocity shall be accepted for filing and processed in accordance with the procedures in Nat 301.02.

(c) Applications for licensure by reciprocity shall be completed by the board within 6 months of the date of application.

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Nat 304.02 Application Requirements. An application form shall be employed which requires the applicant to supply the information required by Nat 301.02, plus the following additional information:

(a) A chronological record of the applicant's professional practice from the date of first licensure in any jurisdiction, including the name and address of the practice, and a thorough description of the nature of the practice;

(b) The name and address of any naturopathic medical specialty or certification board with which the applicant is now, or has previously been, credentialed, and the dates during which the applicant was credentialed;

(c) Whether the applicant has been the subject of disciplinary action of any kind by a naturopathic or other professional licensing authority, or has entered into a settlement agreement or consent decree with any such licensing authority, and, if so, the name of the licensing authority and a complete description of the misconduct alleged and the discipline or settlement involved; and

(d) Whether the applicant is now, or believes that he or she will soon be, the subject of a disciplinary proceeding, settlement agreement or consent decree undertaken or issued by a naturopathic or other professional licensing authority in any jurisdiction, and, if so, the name of the licensing authority and a complete description of the misconduct alleged or the settlement involved.

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Nat 304.03 Qualifications for Licensure by Reciprocity.

(a) An applicant for licensure by reciprocity shall:

(1) Hold a valid and current license from another state or territory of the United States, or the District of Columbia or the Commonwealth of Puerto Rico;

(2) Verify, in the form of a certified transcript sent directly from the college, that the candidate has graduated and holds a degree/diploma from an approved naturopathic medical college as approved by the board under Nat 302.02;

(3) Verify that he or she has successfully passed the NPLEX examination or other such standardized examination as approved by the board, in another state or jurisdiction;

(4) Demonstrate good moral character by submitting 2 letters of recommendation to be sent directly to the board, of which one shall be from a licensed medical doctor, licensed osteopathic doctor or a licensed doctor of naturopathic medicine; and

(5) Complete and file with the board the proper application form and the required application fee.

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PART Nat 305 EXEMPTIONS

Nat 305.01 Exemptions. An applicant may be licensed to be a doctor of naturopathic medicine in New Hampshire by exemption, in accordance with RSA 328-E:5, I(e), by:

(a) Complying with the requirements in RSA 328-E:5, I(e); and

(b) Following the application process as prescribed in Nat 301.01.

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PART Nat 306 FEES

Nat 306.01 Fee Schedule.

(a) The fees required by the board shall be as follows:

(1) The license fee shall be $600.00; and

(2) The biennial renewal license fee shall be $550.00

(b) All fees paid to the Board shall not be refundable.

(1) Cash;

(2) Check; or

(3) Money order.

(d) Checks or money orders received as payment for fees shall be made payable to "Treasurer, State of New Hampshire".

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PART Nat 307 PRESCRIPTIVE AUTHORITY

Nat 307.01 Prescriptive Authority.

(a) Pursuant to RSA 328-E:4, III, doctors of naturopathic medicine may prescribe substances included in the formulary developed by the council on doctors of naturopathic medicine formulary and as approved by the board.

(b) Pursuant to RSA 328-E:16, III, the council on doctors of naturopathic medicine formulary shall:

(1) Determine the substances to be included in the formulary ; and

(2) Submit the formulary for adoption by the board.

(d) Licensed doctors of naturopathic medicine with a specialty certification in naturopathic childbirth shall be authorized to use oxytocin and pitocin pursuant to RSA 328-E:4, V.

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CHAPTER Nat 400 LICENSE CONTINUATION

PART Nat 401 RENEWAL OF LICENSE

Nat 401.01 Expiration of License. Licenses shall automatically expire on July 1 of each odd numbered year, regardless of how long the applicant has held the license, unless prior to that time the board has granted an application for license renewal pursuant to this chapter.

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Nat 401.02 Renewal Application Process.

(a) Licensees applying for a renewal of their naturopathic physician license shall obtain from the board the renewal application form.

(b) The applicant shall submit:

(1) The completed renewal application form to the board in accordance with Nat 401.04;

(2) The applicable renewal fee; and

(3) Copies of documents and certificates in accordance with Nat 403.01.

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Nat 401.03 Renewal Licensing Requirements.

(a) The renewal process shall only be available to persons whose current license has not expired.

(b) Applicants applying for a renewal shall include evidence of compliance with continuing education requirements outlined in Nat 403.01.

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Nat 401.04 Application Form.

(a) All applicants renewing their naturopathic doctor license shall complete a renewal application form to continue the practice of naturopathic medicine in New Hampshire.

(b) All information entered on the renewal application form shall be:

(1) Typewritten; or

(2) Legibly printed in ink.

(1) In writing wherever applicable; and/or

(2) By check mark next to the corresponding response.

(d) Applicants shall provide the following information:

(1) Applicant information:

a. Full legal name;

b. Street residence or mailing address;

c. City or town;

d. State and zip code number;

e. Home telephone number;

f. Business information, which shall include:

(i) Address;

(ii) City or town;

(iii) State and zip code number; and

(iv) Business telephone number.

(2) Continuing education information:

a. Professionally supervised setting course descriptions;

b. Non-supervised setting education descriptions; and

c. Number of credit hours received for each item listed in a. and b. above.

(e) The form shall then be:

(1) Signed; and

(2) Dated.

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Nat 401.05 Application Certification. By signing the application for renewal, the applicant shall certify that:

(a) The information provided in the application is true to the best of the applicant's knowledge;

(b) The applicant has not been convicted or found guilty of a misdemeanor or felony involving naturopathic medicine;

(d) The applicant understands any falsification of information shall result in license denial, suspension or revocation in accordance with Nat 402.

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Nat 401.06 Filing Date. An application for license renewal shall be filed no sooner than 3 months before the expiration date of the applicant's license.

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Nat 401.07 Approval of Renewals.

(a) Completed renewal applications shall be approved in accordance with RSA 541-A:29.

(b) Upon approval of a renewal application, the board shall issue the renewal for a period of two years commencing the calendar year July 1st through June 30th.

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Nat 401.08 Denial of Renewal.

(a) Renewal applicants shall be investigated for the purpose of verifying all application materials.

(b) Renewal shall be denied if, after notice and an opportunity for hearing, the board finds that the applicant has:

(1) Not complied with the continuing education requirements of Nat 403.01;

(2) Committed any unethical act for which discipline has been imposed under Nat 402; or

(3) Violated the reasons for denial of an initial application under Nat 301.05.

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PART Nat 402 DISCIPLINARY SANCTIONS

Nat 402.01 Disciplinary Sanctions.

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to a mutually agreed upon settlement.

(b) After a finding of misconduct has occurred, the board shall, as authorized in RSA 328-E:14, II, impose sanctions of suspension, revocation or denial of renewal application.

(1) Violations of RSA 328-E:4, IV, shall result in the revocation of license not to exceed one year;

(2) Violations of RSA 328-E:6, shall result in the suspension of license, not to exceed 90 days;

(3) Second violation of RSA 328-E:6, shall result in revocation of license, not to exceed one year.

(4) Violations of continuing education requirements, per Nat 403.01, shall result in denial of renewal application; and

(5) Violations of falsifying information on the renewal application shall result in denial of renewal application.

(d) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements shall be sent to the licensing body of each state where the licensee is licensed.

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Nat 402.02 Effect of License Surrender.

(a) A licensee may surrender a license at any time.

(b) A licensee who surrenders a license shall retain no right or privilege in New Hampshire except as shall be specifically set forth in a board order or settlement agreement. A licensee who reapplies for licensure in New Hampshire after surrender shall have the burden of proving compliance with all of the requirements in effect for new applicants at that time.

(c) Surrender or non-renewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee's professional conduct while the license was still in effect. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

(d) A licensee who surrenders his or her license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.

(e) Any settlement agreement reached under (d), above, shall include the following concessions:

(1) That the license surrender has occurred in settlement of pending disciplinary charges;

(2) That the pending disciplinary allegations shall be issues to be resolved in any future application the licensee may submit in New Hampshire.

(f) The board shall decline to accept a settlement agreement under (d) above, if the board believes the licensee had unreasonably declined to disclose material information concerning the alleged misconduct or has refused to stipulate to the truth of specific material facts concerning the alleged misconduct which would be necessary to protect the public interest in the event the licensee subsequently reapplies for a license.

(g) A licensee's stipulation of facts shall be exempt from public disclosure, and if the public portion of the settlement agreement or surrender document expressly states that a separate, confidential stipulation of facts is on file with the board.

(h) The fact of license surrender pending disciplinary action and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies in the same manner as a final decision containing a specific finding of professional misconduct.

Source. #6380, eff 11-26-96

PART Nat 403 CONTINUING EDUCATION

Nat 403.01 Continuing Education Requirements.

(a) All licensed doctors of naturopathic medicine shall complete 150 hours of continuing education requirements every 3 years in order to maintain licensure in New Hampshire.

(b) The 150 credit hours required for continuing education shall be broken down as follows:

(1) A total of 60 credit hours shall be taken in a professionally supervised setting;

(2) Of the 60 hours, a total of 24 credit hours shall include courses in pharmacology and/or pharmacognosy; and

(3) A total of 90 credit hours shall be taken in a non-supervised setting.

(c) The following courses and classes shall qualify for professionally supervised credit hours if directly related to the practice of naturopathic medicine:

(1) Continuing education courses and classes offered under the direct supervision of a state or district association of naturopathic doctors, provided that the state or district in which the association is organized is one that licenses naturopathic physicians;

(2) Continuing education courses and classes offered by the board approved naturopathic medical colleges;

(3) Continuing education courses and classes offered by or approved by the:

a. American Medical Association;

b. American Osteopathic Association; or

c. American Heart Association; and

(4) Any other continuing education courses or classes approved by the board.

(d) Board approval shall be based upon:

(1) The course content and requirement that the courses or classes sought to be approved have a level of instruction comparable to continuing education courses or classes offered by state and district associations or board approved naturopathic medical colleges; or

(2) Courses necessary to comply with state or federal public health and safety laws.

(e) Credit hours for professionally supervised setting shall be awarded on the basis of one professionally supervised setting hour equaling one credit hour.

(f) Non-supervised setting continuing education requirements shall be courses and activities not designated as professionally supervised settings.

(g) Non-supervised settings shall include the following courses and activities:

(1) Time spent teaching medical courses to practicing doctors of naturopathic medicine, residents, preceptees, medical students, or other health professionals;

(2) Presentation or publication of a scientific paper to a medical audience or in a medical journal;

(3) Nonsupervised learning activities which shall include:

a. Self-instruction, including journal reading and the use of television and other audio-visual materials;

b. The education of a doctor of naturopathic medicine received from a consultant;

c. Participation in programs concerned with review and evaluation of patient care; or

d. Time spent in a self-assessment examination, not including examinations and quizzes published in journals.

(4) Meritorious learning experiences which provide a unique educational benefit to a licensee as outlined in Nat 403.01 (i).

(h) Non-supervised setting credit hours shall be awarded on the basis of one non-supervised setting hour equaling one credit hour.

(i) Meritorious learning experiences for which non-supervised setting continuing education credit hours shall be awarded shall be documented by a narrative report which specifies:

(1) The educational need served by the activity;

(2) A description of the activity, including the education content and the manner which the learning occurred;

(3) The amount of time spent on the project, itemized to show the total time spent and the time spent on the direct educational aspects of the project for which the continuing education requirement credit is claimed; and

(4) The number of credit hours claimed, which number shall not exceed the number of full hours actually spent on the direct education aspects of the project, excluding transportation to other preliminary time expended.

(j) Doctors of naturopathic medicine with certification in naturopathic childbirth specialty or certification in acupuncture specialty shall, as part of the 150 credit hour requirement, complete a minimum of 24 credit hours of continuing education which is directly related to the specialty of certification.

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Nat 403.02 Notification of Course Approval.

(a) Professionally supervised setting continuing education courses in New Hampshire shall be approved by the board. Sponsoring organizations requesting approval of a course shall submit an approval form to the board.

(b) The form shall contain:

(1) A course number, subsequently issued by the board ;

(2) The title of the course;

(3) The date(s) the course is offered; and

(4) The number of continuing education hours credited.

(c) The board shall keep an up-dated list of approved professionally supervised setting courses for each biennium which shall be available upon request to any licensee.

(d) Each licensee shall be responsible for ascertaining that board approval has been given for each professionally supervised setting course for which he or she requests continuing education credit under Nat 403.01. Credit shall not be given for unapproved courses.

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Nat 403.03 Continuing Education Reporting Requirements.

(a) Licensees shall submit a continuing education report using a form provided by the board as part of the biennial license renewal application.

(b) The board, or an independent contractor designated by the board, shall audit and investigate the continuing education reports of each licensed doctor of naturopathic medicine, and shall prepare a written report which records the credits awarded to each licensee during the licensing period .

(1) The applicant's name;

(2) The applicant's business address and telephone number;

(3) Copies of documents which establish that the requirement of Nat 403.01 have been met;

(4) In the case of all professionally supervised setting courses for which continuing education credit hours are claimed, copies of documents which establish that the course satisfies the requirement of Nat 403.01(a) and include the following information:

a. The name and headquarters address of the sponsor and any co-sponsor;

b. The course title and the fields of medicine involved;

c. A description of the type of course and the learning activities offered;

d. The inclusive date of attendance; and

e. The number of credit hours certified for the activity;

(5) In the case of non-supervised setting continuing education activities, copies of documents which set forth the following information:

a. The full name of the organizational sponsor or co-sponsor;

b. The sponsor or co-sponsor's headquarters office address and telephone number;

c. The program title and a description of the program's content; and

d. The inclusive dates of the licensee's attendance;

(6) In the case of claimed naturopathic medical teaching activities, copies of documents which set forth the following information:

a. The type of education program which was conducted and a description of the exact role the licensee played in that program;

b. The name, business address and telephone number of the institution or organization sponsoring the educational program;

c. The subject covered by the education program;

d. The type and educational level of students attending the educational program;

e. The inclusive dates of the licensee's participation in the education program; and

f. The total amount of time actually spent by the licensee in teaching.

(7) In the case of claimed publications or presentation, copies of documents which set forth the following information:

a. The title of the paper or article presented or published;

b. A copy of the paper or article in its published form;

c. The name, sponsor, and location of the conference or the name, business address and telephone number of the medical journal involved;

d. The date of the presentation or publication; and

e. The total amount of time spent producing the document.

(8) In the case of claimed non-supervised continuing education activities, copies of documents which set forth the following information:

a. The type of material or activity involved;

b. The title and a thorough description of the type of activity involved;

c. The sponsor of the activity involved;

d. The inclusive dates of the licensee's participation in the activity involved; and

e. The total amount of time actually spent by the licensee on the activity.

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PART Nat 404 ONGOING REQUIREMENTS

Nat 404.01 Severance of Connection. All licensees shall notify the board in writing within 5 days after they sever connection with any commitment to practice naturopathic medicine for any reason.

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Nat 404.02 Change of Address. All licensees and applicants for licensure shall notify the board of any change in home or business address within 30 days of such change.

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Nat 404.03 Noncompliance. Failure to complete continuing education requirements in a timely fashion, or failure to submit documentation which establishes that the requirements were so completed, shall result in license suspension and other such disciplinary action as the circumstances warrant under Nat 402.

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CHAPTER Nat 500 ETHICAL STANDARDS

PART Nat 501 ETHICAL STANDARDS

Nat 501.01 Obligation To Obey. The ethical standards set forth in this part shall bind all licensees, and violation of any such standard shall result in disciplinary standards per Nat 214.

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Nat 501.02 Standards of Conduct. A licensee shall:

(a) Submit only truthful and correct information in any application or other document filed with or statement made to the board;

(b) Inform the board of a principal business address to which all official board communications should be directed, and also of all addresses where he or she is practicing. The establishment of a business address or the change or abandonment of a business address shall be reported to board within 30 days; and

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