New Hampshire Code of Administrative Rules Sphc - Governing Board of Speech-Language Pathologists and Hearing Care Providers
Overview: New Hampshire Code of Administrative Rules — Sphc
The Sphc chapter of the New Hampshire Administrative Rules governs the Governing Board of Speech-Language Pathologists and Hearing Care Providers. This board regulates the licensure, practice standards, and disciplinary actions concerning professionals who provide speech-language pathology and hearing care services in New Hampshire.
Key Functions of the Governing Board of Speech-Language Pathologists and Hearing Care Providers (Sphc)
1. Licensing and Certification
The Board establishes criteria for licensure of:
Speech-language pathologists,
Hearing aid specialists,
Audiologists, and
Hearing instrument fitters.
Applicants must meet educational requirements, complete supervised clinical experience, and pass national examinations.
The Board issues licenses and certificates allowing lawful practice within New Hampshire.
2. Practice Standards
The Board defines standards of professional conduct and scope of practice.
It requires continuing education to ensure licensees remain competent.
Rules include ethical guidelines, confidentiality standards, and patient care responsibilities.
3. Disciplinary Authority
The Board investigates complaints against licensees regarding incompetence, misconduct, fraud, or violation of professional standards.
It holds hearings, imposes sanctions (such as reprimands, fines, suspension, or revocation of licenses), and monitors compliance with orders.
4. Rulemaking and Enforcement
The Board promulgates administrative rules consistent with statutory authority (NH RSA 328-B).
It enforces compliance with licensure and professional standards.
Legal and Statutory Authority
The Board operates under New Hampshire Revised Statutes Annotated (RSA) Chapter 328-B, which authorizes regulation of speech-language pathologists and hearing care providers. The Sphc administrative rules implement this statutory framework by detailing licensing requirements, standards of practice, and disciplinary procedures.
Relevant Case Law Principles
Though there may be limited case law specifically naming the Board of Speech-Language Pathologists and Hearing Care Providers, administrative law principles apply broadly:
1. Licensing and Due Process
Courts have held that professionals subject to license denial or disciplinary action by administrative boards are entitled to due process protections, including:
Adequate notice of the charges,
A fair hearing before an impartial body,
The right to present evidence and cross-examine witnesses,
A written decision supported by substantial evidence.
Failure to provide these procedural safeguards may result in the court overturning the Board’s decision.
2. Substantial Evidence and Reasoned Decision
Judicial review requires the Board’s findings to be supported by substantial evidence in the record.
Courts defer to the Board’s expertise in technical matters but expect reasoned explanations for decisions affecting licensure.
For example, if a license is revoked for incompetence, the Board must base its decision on documented evidence of substandard care.
3. Scope of Practice and Professional Competence
Courts generally uphold the Board’s authority to define scope of practice and enforce competence standards, provided rules do not exceed statutory authority or violate constitutional rights.
Challenges based on alleged overreach or vagueness may be reviewed, but courts give deference to the Board’s expertise in professional regulation.
4. Example Case Law Concepts (Hypothetical)
Disciplinary Hearing: A speech-language pathologist’s license is suspended after allegations of malpractice. The licensee appeals, claiming inadequate notice and unfair hearing procedures. The court reviews procedural compliance and may overturn or uphold the Board’s order.
License Denial: An applicant for hearing aid specialist license is denied due to insufficient clinical hours. The applicant challenges the denial, arguing arbitrary application of rules. The court examines whether the Board applied rules consistently and reasonably.
Summary
The Sphc rules govern licensure, practice, and discipline of speech-language pathologists and hearing care providers in New Hampshire.
The Board ensures that practitioners meet educational and ethical standards and protects public safety by investigating complaints and enforcing discipline.
Licensees have procedural rights under due process, and the Board’s decisions are subject to judicial review for reasonableness and evidentiary support.
Courts generally defer to the Board’s expertise in professional regulation but require adherence to fair procedures and statutory limits.
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