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Board FAQ

Frequently asked questions received by the New Hampshire Office of Licensed Allied Health Professionals. For FAQs specific to a particular Board, visit that Board's website.

Allied Health FAQS | Complaints/Investigations/Adjudicatory Proceedings

Allied Health FAQ

What is the organizational structure of the Office of Licensed Allied Health Professionals?

Who makes up the Board of Directors?

What does the Board of Directors do?

What does my Governing Board do?

Who determines the fees we pay for initial licensure, renewal, reinstatement, etc.?

What are the responsibilities of the Boards' administrator?

What are the responsibilities of the Boards' office staff?

Is this all the Office of Licensed Allied Health Professionals does?

What is my responsibility to the Board and the Boards's office as a licensed professional in the State of New Hampshire?

back to topWhat is the organizational structure of the Office of Licensed Allied Health Professionals?

Refer to the organizational chart pdf file.

back to topWho makes up the Board of Directors?

The Chair of each governing board makes up the Board of Directors. The Board of Directors elects on member to act as president and one member act as vice president. These elections happen each January.

back to topWhat does the Board of Directors do?

The Board of Directors is responsible for office procedures. These duties are prescribed in Chapter 328-F "Allied Health Professionals Governing Board" and the AHP Administrative Rules. Some of the Board of Directors duties are to:

  • Set organizational rules.
  • Describe the agency and how it shall function.
  • Describe what is and isn't public information.
  • Set procedures for the receipt, by governing boards, of complaints of misconduct of licensees.
  • Lay out complaint procedures, how each board will conduct hearings, and how the disposition of these hearings will be handled.
  • Give rulemaking authority.
  • Set all fees charged by the governing boards.

back to topWhat does my Governing board do?

The Governing boards:

  • Sets the requirements for initial licensure.
  • Sets the requirements for reinstatement of a license.
  • Sets the requirements for renewal of license.
  • Details the maintenance of continuing competence.
  • Sets ongoing requirements specific to the profession for which they are writing rules.
  • Details the ethical standards.
  • Sets grounds for revocation, suspension and other sanctions of a licensee.

back to topWho determines the fees we pay for initial licensure, renewal, reinstatement, etc.?

The Board of Directors sets all fees. This is based on the law that states, that as a Governing Board, you must earn 125% of your operating costs.

back to topWhat are the responsibilities of the Boards' administrator?

The administrator:

  • Gather information and set each agenda for the Board of Directors and each Governing Board's meetings.
  • Implement rules and procedures as prescribed by the Board of Directors and each Governing Board.
  • Assist the Board's in dealing with complaints, hearings, and disciplinary matters.
  • Assist the Board in rule writing and the rule making process.
  • To act as a liaison between the licensee, the public, companies, other state agencies, the media, etc. and the specific Board which the issues involves.
  • Supervise staff in their appointed tasks.
  • Keep all business aspects of the office up to date and running smoothly.

back to topWhat are the responsibilities of the Boards' office staff?

Staff are responsible:

  • To carry out office procedures as described in rule by the Board of Directors.
  • To carry out licensing, reinstatement, and renewal procedures as described in each Governing Board's specific set of rules.
  • To maintain all files.

back to topIs this all the Office of Licensed Allied Health Professionals does?

No. What is outlined in previous questions is just some of the Board of Directors, Governing Board's, and staff duties. For full details you should refer to the rules and laws for the Board of Directors and the rules and laws specific to each profession.

back to topWhat is my responsibility to the Board and the Boards' office as licensed professional in the State of New Hampshire?

Licensee responsibilities are as follows:

  • Retain, understand, and abide by your administrative rules, specifically the 300, 400, and 500 sections. But, remember the 100 and 200 sections also apply to you as a licensed professional.
  • Renew your license in a timely manner. When you wait until the last day to send in the renewal form, you take the chance that it will be rejected due to the form being incomplete, dates not being accurate, etc. If it gets returned because more information is needed and you resubmit it after the December 1st deadline you will incur a late fee.
  • Report any name, business name, home/business address, home phone number changes within 30 days of the change as prescribed by law.
  • This does not list all of your responsibilities. The ones listed are the most common. Refer to your rules for complete details on all of your responsibilities.

Complaints/Investigations/Adjudicatory Proceedings

How do I file a complaint?

How long will the investigation take?

What type of complaints are handled by the Board?

What action can the Board take?

What happens during an investigation?

What is Due Process?

back to topHow do I file a complaint?

By law, all complaints must be received in writing. When you call, you may ask any questions that will help you decide if you should file a complaint. If you decide to file a complaint, you will need to provide the following information:

  • The name of the licensed licensee against whom you are complaining. The business address and phone number, if you have them.
  • The name of the patient, if other than yourself, and your relationship to the patient.
  • The name and address of any other licensees which you may have consulted regarding the treatment complained of.
  • The date(s) of the treatment.
  • All significant details about the complaint that describe the incident(s) in question. It is best to stick to the facts and details, but your impressions are important too.
  • You may wish to attach copies of any documents you have which support your complaint. Do not send originals as you may need them later.
  • You may also be asked to sign a "Release of Information" form so that the Governing Board can obtain all the necessary medical and billing records.

State law requires investigations be kept confidential. If you are concerned about the release of medical records, please call (603) 271-8389 to discuss your concerns. In most cases, your complaint will be shared with the licensee in order to allow a full response to the allegations. If you are concerned about the licensee seeing your complaint, please call 271-8389 to discuss those concerns. If, after discussing your concerns, you do not wish the information to be shared, please make that wish clear on your complaint. You must understand, however, that such a request may seriously hinder the Board's investigation into your complaint.

Contact the office for help in filing a complaint.

back to topHow long will the investigation take?

The length and nature of an investigation varies with the nature of the complaint, but on average, investigations are completed within six months. When the Board receives the complaint a letter is sent acknowledging it's receipt. Unless additional information is needed during the investigation, you will probably not receive any other correspondence until the investigation is completed. If, after 3 or 4 months, you wish to check on the status of the investigation, you should feel free to call (603) 271-8389. At that time, we will try to give you an approximate time frame for the investigation. If a outside specialist is needed, the investigation could an additional 3-4 months.

back to topWhat type of complaints are handled by the Board?

State law authorizes the Board to investigate and take disciplinary action against a licensee who engage in:

  • Knowingly or neglige3ntly providing inaccurate material information to the Board or failing to provide complete and truthful material information upon inquiry by the Board, including during the process of applying for a license, license renewal, or license reinstatement.
  • Conviction without annulment in any jurisdiction of any criminal offense which constitutes a sexual offense, violation of controlled substance law or involves injury to a victim, the risk of such injury, or dishonesty.
  • Failing to report to the Board a conviction described above within 30 days.
  • Ethics violations.
  • Engaging in sexual misconduct with, or sexual harassment of, a client.
  • Engaging in or providing care despite actual or potential inability to render such care with reasonable skill and safety by reason of illness, by reason of use of alcohol or drugs, or any other material, or by reason of mental or physical condition.
  • Being subject to final disciplinary action by a regulatory authority in another domestic or foreign jurisdiction.
  • Failing to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state.
  • Violating RSA 328-F, RSA 326-G, any rule adopted by the Board, or any state or federal law reasonably related to the licensee's authority to practice or the licensee's ability to practice safely.

Complaints regarding high fees, rudeness or "poor bedside manner" do not ordinarily violate one of the above provisions unless they also involve dishonesty, exploitation, or gross negligence on the part of the licensee. If you have any question about whether your complaint can be handled by the Board, please feel free to call the Board's office at (603 271-8389.

back to topWhat action can the governing Board take?

Pursuant to RSA 328-F:23, IV(a), disciplinary measures available to the Board to sanction misconduct shall be:

  • License revocation;
  • License suspension for a specified period of time or on specified terms;
  • License suspension conditioned on the achievement of specified; continuing competence requirements, continuing education, clinical experience or training, or ethical or legal training.
  • License suspension conditioned on successful participation in specified mental or physical health treatment, a rehabili8tative program, counseling, a professional assistance program, or in any other program designed to overcome the deficiency or condition in the licensee which appears to have caused the misconduct.
  • A requirement that the licensee's practice be supervised for a specified period of time by a licensed professional.
  • The imposition of an administrative fine not to exceed $1000.00.
  • For continuing misconduct an administrative fine of $100.00 for each day the misconduct continues after notice from the Board that the misconduct shall cease.
  • Denial of license renewal or reinstatement.

back to topWhat happens during an investigation?

The process is as follows:

  • All complaints are first reviewed by the Board to determine if the charges, as stated, are violations of the law or rules for which the Board is authorized to investigate.
  • If the Board determines that the allegations, if true, would violate the Board's law or rules the complaint is sent to the Administrative Prosecutions Unit at the Department of Justice for investigation.
  • The investigator typically requests the licensee to address the allegations in the complaint, in writing, and will also obtain the medical records of the complaining patient.
  • The investigator then prepares a report of investigation and presents it to the respective Governing Board
  • The Board then makes a determination to either proceed with the matter or to dismiss the complaint stating " no further action required."
  • If further action is taken, it is in the form of a a letter of concern, settlement agreement, or the commencement of a disciplinary hearing.
  • The complainant or the licensee may not communicate with members of the Governing Board. Either party may however provide additional information regarding the complaint through the Board's administrative office or the Administrative Prosecutions Unit If the complainant or the licensee have any questions regarding the complaint, the process, or any other related matters they may call the Board's administrative office at 603-271-8389.

back to topWhat is Due Process?

While investigating and prosecuting misconduct, the Governing Board is obligated to provide due process of law to the licensee. Among other things, the licensee is entitled to notice and an opportunity to present evidence in his or her own defense in a public hearing before any disciplinary sanction can be imposed.

Although investigations are kept confidential, once a disciplinary proceeding begins the documents and evidence become public. For these, and other reasons, disciplinary hearings take time.

Governing Board's decisions can be appealed through the Supreme Court.

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Office of Professional Licensure and Certification
121 South Fruit Street |  Concord, NH 03301
Main Telephone: (603) 271-2152