N.H. Admin. Code § Gal 401.02

Current through Register No. 50, December 12, 2024

Section Gal 401.02 - Procedures for Reinstatement of Certification

A person whose certification has expired, been suspended, or revoked may again seek certification as follows:

(a) A person who was previously certified by the board but whose certification expired may seek to obtain reinstatement in accordance with Gal 401.04;

(b) A person whose certification has been suspended by the board pursuant to Gal 402.04(b)(1) shall be eligible for reinstatement in accordance with the terms of the settlement or agreement;

(c) A person whose certification has been suspended by the board pursuant to Gal 402.04(b)(2) or Gal 402.04(b)(3) shall be eligible for reinstatement only when the following conditions have been met:

(1) The person seeking reinstatement submits an application in compliance with Gal 401.08;

(2) After review, the board concludes it is more probable than not that:

a. Reinstatement, either with or without alternative sanctions, would better assist the person in conforming his or her future conduct to the requirements of RSA 490-C, Gal 500 or other applicable law than would continuation of the suspension either with or without additional sanctions;

b. The purposes served by the disciplinary action have been or would, with the imposition of alternative sanctions, be fully fulfilled;

c. Reinstatement would pose no risk of potential harm to the health, safety, welfare, or best interests of a recipient of services or potential recipients of services;

d. The person possesses the continuing education required for reinstatement; and

e. The person is otherwise qualified for reinstatement; and

(3) The person has complied with any other sanction, penalty, or condition of certification imposed upon him or her, including the terms of any settlement or agreement with the board, as required;

(d) A person whose certification has been suspended by the board for reasons other than as described above shall be eligible for reinstatement:

(1) After the period of suspension has expired:

(2) After the person has complied with any other sanction or penalty imposed upon him or her by the board; and

(3) When the person is otherwise qualified for reinstatement;

(e) A person whose certification has been revoked by the board pursuant to Gal 402.03(b)(1) shall be reinstated by the board when the following circumstances have been met:

(1) The person has not previously had his or her certification revoked and reinstated;

(2) The person submits and application in compliance with Gal 401.08;

(3) The board concludes after review that:

a. The person has submitted the material required by Gal 401.04;

b. A period of at least 3 years has elapsed from the date of the revocation;

c. The person has completed the continuing education requirements of Gal 403.01(a);

d. The person meets the qualifications for reinstatement set forth in Gal 401.13;

e. Reinstatement of certification, either with or without alternative sanctions, would better assist the person in conforming his or her future conduct to the requirements of statutory, administrative, or case law than would the continuation of the penalty of revocation, either with or without additional sanctions;

f. The purposes served by the revocation have been completely fulfilled; and

g. Reinstatement, either with or without alternative sanctions, would likely pose no risk of potential harm to the health, safety, welfare, or best interests of a recipient of services or potential recipient of services; and

(4) The person has complied with any other sanction, penalty, or condition of certification imposed upon him or her, including the terms of any settlement or agreement with the board, as required.

N.H. Admin. Code § Gal 401.02

#8942, eff 9-15-07

Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12010, Effective 10/21/2016, Expires 11/1/2026.