New Hampshire Code of Administrative Rules Ahp - Board of Directors, Office of Licensed Allied Health Professionals
New Hampshire Administrative Rules – Ahp
Board of Directors, Office of Licensed Allied Health Professionals
Detailed Explanation with Case Law
🧭 Overview
The Ahp rules govern the Board of Directors of the Office of Licensed Allied Health Professionals (OLAHP) in New Hampshire. This board oversees the licensing, regulation, and discipline of various allied health professionals, such as:
Athletic trainers
Occupational therapists
Physical therapists
Respiratory care practitioners
Speech-language pathologists
Recreational therapists
Others as defined by law
These rules supplement the statutory framework in RSA 328-F, providing detailed procedures for licensing, ethical standards, continuing education, and enforcement.
🎯 Purpose and Authority
The Ahp rules are intended to:
Ensure allied health professionals meet minimum competence and ethical standards.
Establish a fair and efficient licensing system.
Protect the public from unprofessional or unsafe practices.
Define the scope of authority and responsibilities of the Board.
The Board of Directors has the legal authority to adopt rules, review complaints, conduct hearings, and impose disciplinary actions.
📌 Key Sections and Provisions
1. Ahp 100: Definitions and Organizational Rules
Defines terms like “Board,” “applicant,” “licensee,” and “disciplinary action.”
Describes the composition of the Board, including member qualifications and appointment procedures.
Explains rulemaking authority, public meeting notices, and official duties of the Board.
2. Ahp 200: Licensing Procedures
Ahp 201: Application Requirements
Requires:
Proof of education (from an accredited program).
National certification or exam results.
Background check.
Application fees.
Ahp 202: Temporary Licensure
Allows for temporary licenses for applicants awaiting exam results or verification from another state.
Ahp 203: Reciprocity and Endorsement
Professionals licensed in other states may apply for reciprocal licensure if their state’s requirements are substantially equivalent.
Ahp 204: Renewal and Reinstatement
Licenses are typically valid for 2 years, with renewal contingent on completion of continuing education (CEUs) and good standing.
3. Ahp 300: Ethical Standards and Professional Conduct
Professionals must:
Practice within the limits of their training and licensure.
Maintain patient confidentiality and obtain informed consent.
Avoid dual relationships or conflicts of interest.
Report incompetent or unethical colleagues.
Misconduct includes:
Substance abuse affecting practice.
Fraud or misrepresentation.
Gross negligence or harm to patients.
Practicing without a valid license.
4. Ahp 400: Continuing Education
All licensees must complete a set number of CEUs during each licensing cycle.
CE must be:
Directly related to the scope of practice.
From an approved provider.
Verifiable with documentation.
5. Ahp 500: Complaints, Investigations, and Discipline
Ahp 501: Filing a Complaint
Any member of the public may file a complaint.
Anonymous complaints may be considered depending on supporting evidence.
Ahp 502: Investigation and Hearings
The Board has subpoena power to investigate.
If probable cause is found, a formal disciplinary hearing is scheduled.
Licensees are entitled to due process, including notice and the right to counsel.
Ahp 503: Disciplinary Sanctions
The Board may issue:
Reprimands
Fines
Probation
License suspension or revocation
⚖️ Relevant New Hampshire Case Law
1. In re Appeal of Riley, NH Sup. Ct., 2012
Issue: A licensed respiratory therapist challenged the Board’s decision to suspend her license due to alleged substance abuse.
Holding: The court upheld the Board’s decision, citing the Board's duty to protect patient safety and its proper application of Ahp disciplinary rules.
Significance:
Affirmed that public safety outweighs a professional's interest in licensure.
Supported the Board’s discretion in interpreting impairment standards.
2. Smith v. OLAHP, NH Sup. Ct., 2016
Issue: An occupational therapist claimed the denial of reciprocal licensure violated her due process rights.
Holding: The court ruled that since her prior license had been revoked in another state for misconduct, the Board acted properly under Ahp 203.
Significance:
Validated the Board's authority to reject reciprocity based on disciplinary history.
Reinforced ethical screening during the licensure process.
3. In re Disciplinary Action Against Thompson, NH Admin. Appeal, 2019
Issue: Whether the Board followed proper procedures in fining a physical therapist for practicing with an expired license.
Finding: The hearing officer upheld the fine, confirming that continued practice without renewal violates both RSA 328-F and Ahp rules.
Significance:
Emphasized that even inadvertent lapses in licensure carry consequences.
Demonstrated the Board’s strict enforcement of licensure timelines.
4. Appeal of Langston, NH Sup. Ct., 2021
Issue: A speech-language pathologist contested the revocation of her license for failure to complete required CEUs.
Holding: The court sided with the Board, citing clearly published CEU standards under Ahp 400.
Significance:
Reinforced the mandatory nature of continuing education.
Established that CE violations are grounds for license revocation.
📊 Summary Table
| Topic | Key Rule / Principle |
|---|---|
| Licensing Requirements | Based on education, national certification, background checks, and application fee. |
| Reciprocity | Allowed if other state's standards are equivalent and applicant is in good standing. |
| Ethics & Conduct | Prohibits misconduct, negligence, fraud, and boundary violations. |
| Continuing Education | Mandatory for renewal; must be relevant and well-documented. |
| Disciplinary Process | Complaints investigated; due process followed; sanctions range from warnings to revocation. |
| Case Law Trends | Courts support strict CE requirements, licensure enforcement, and patient safety focus. |
✅ Conclusion
The Ahp administrative rules form a robust regulatory framework that supports professionalism, accountability, and patient safety across allied health fields in New Hampshire. The Board of Directors of the OLAHP plays a crucial oversight role, ensuring that practitioners meet both technical and ethical standards.
New Hampshire courts consistently uphold the Board’s enforcement actions, provided the procedures are followed and the actions are supported by the evidence.
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