New Hampshire Code of Administrative Rules Mirt - Board of Medical Imaging and Radiation Therapy
The New Hampshire Code of Administrative Rules governing medical imaging and radiation therapy is encapsulated in Chapter Plc 1300. This chapter outlines the regulatory framework for licensure, ethical standards, scope of practice, and procedural rules for professionals in this field.
📘 Overview of Chapter Plc 1300
Statutory Authority
RSA 328-J:7 grants the authority for rulemaking in this domain.
Historical Context
Established in 2016, the Board of Medical Imaging and Radiation Therapy was restructured in 2022 as the Advisory Board under RSA 328-J:7 and RSA 328-J:3.
Rulemaking authority was transferred to the Executive Director of the Office of Professional Licensure and Certification (OPLC) under RSA 328-J:7.
The Executive Director readopted Chapter Plc 1300 as an interim rule in 2023, replacing the former Mirt 100 through Mirt 500 series.
🧭 Key Provisions
Part Plc 1301: Purpose and Applicability
Defines the scope and applicability of the rules governing medical imaging and radiation therapy professionals.
Part Plc 1302: Definitions
Provides definitions for terms such as "criminal records check," "military spouse," and “on active military duty.”
Part Plc 1305: Licensure
Outlines the procedures for initial licensure and the requirements for challenging a denial of licensure.
Part Plc 1306: Temporary Licenses
Specifies the conditions under which temporary licenses may be issued.
Part Plc 1308: Licensee Obligations
Details the ethical standards and obligations of licensees, including adherence to professional codes of ethics.
Part Plc 1309: Renewal and Reinstatement
Covers the procedures for license renewal and reinstatement, including the process for challenging a denial of renewal.
⚖️ Ethical Standards and Scope of Practice
Ethical Principles
Licensees are required to observe ethical principles as outlined in various professional codes, such as the ARRT Standards of Ethics and the ARMRIT Code of Ethics.
Scope of Practice
The scope of practice for radiation therapists is defined by the ASRT's “Radiation Therapy Practice Standards.”
⚠️ Emergency Suspension Procedures
In cases where public health, safety, or welfare necessitates immediate action, the board may suspend a license without a prior hearing.
A hearing must commence no later than 10 working days after the suspension order.
Failure to hold the hearing within this timeframe results in the automatic vacating of the suspension order.
The suspension order may not be reissued for the same conduct without prior notice and an opportunity for a hearing.
📚 Case Law Reference
Bovaird v. New Hampshire Department of Administrative Services (2014): This case illustrates the application of the doctrine of administrative gloss, emphasizing the importance of consistent agency interpretation of ambiguous statutory provisions over time.
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