N.H. Admin. Code Plc, ch. Plc 1300, app E
328-J:19 Penalties. -
I. The executive director may deny, suspend, revoke, or refuse to renew a license or impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:
(a) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.
(b) Engaging in unprofessional conduct pursuant to rules adopted by the executive director.
(c) Having been convicted of or pleaded guilty or nolo contendere to a crime involving moral turpitude or any crime which indicates that the licensee or applicant is unfit or incompetent to administer medical imaging or radiation therapy procedures or that the licensee or applicant has deceived or defrauded the public.
(d) Engaging in any act or practice in violation of any of the provisions of this chapter or any rule adopted by the executive director or aiding, abetting, or assisting any person in such a violation.
(e) Committing an act or acts of malpractice, gross negligence, or incompetence in administering medical imaging or radiation therapy procedures.
(f) Practicing as a person licensed to administer medical imaging or radiation therapy procedures without a current license.
(g) Engaging in conduct that could result in harm or injury to the public.
(h) Having a license issued under this chapter revoked or suspended or other disciplinary action taken, whether in this state or another jurisdiction.
(i) Being unfit or incompetent to administer medical imaging or radiation therapy services by reason of deliberate or negligent acts or omissions, regardless of whether actual injury to a patient is established.
II. The executive director, upon making an affirmative finding under paragraph I, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the executive director.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.
(e) By requiring the person to practice under the direct supervision of a medical imaging professional or radiation therapist for a period of time specified by the executive director.
(f) By assessing civil penalties, after notification and due process, in amounts established by the executive director which shall not exceed $2,500 per offense or, in the case of continuing offenses, $250 for each day the violation continues, whichever is greater.
III. The denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the executive director after a hearing held in accordance with RSA 328-J:18 and rules adopted by the executive director. An application may be made to the executive director for reinstatement of a revoked license if the revocation has been in effect for at least 2 years after the date of the executive director's order revoking the license.
Source. 2016, 54:2, eff. July 1, 2016. 2022, 104:6, eff. July 26, 2022.
328-J:25 Exemptions. - Nothing in this chapter shall be construed to prevent or affect:
I. A licensed practitioner performing medical imaging or radiation therapy procedures within his or her scope of practice, education, training, and competence.
II. A registered dental hygienist licensed under the laws of the state of New Hampshire performing dental imaging procedures within his or her scope of practice, education, training, and competence and under the supervision of a dentist licensed under the laws of the state of New Hampshire.
III. A dental assistant licensed or holding a certificate under the laws of the state of New Hampshire performing dental imaging procedures within his or her scope of practice, education, training, and competence and under the supervision of a dentist licensed under the laws of the state of New Hampshire.
IV. A resident physician or a student enrolled in and attending a school or college of medicine, dentistry, osteopathy, chiropractic, podiatry, limited x-ray machine operator, medical imaging, or radiation therapy who performs medical imaging or radiation therapy procedures on humans while under the supervision of a licensed practitioner or a person holding a license under this chapter in the supervised modality.
V. A person administering medical imaging or radiation procedures who is employed by the United States government when performing duties associated with that employment.
VI. A person licensed under the laws of the state of New Hampshire performing a sonography procedure within his or her scope of practice, education, training, and competence, that is used to assess specific and limited information about a patient's immediate medical condition, is limited to a focused imaging target and does not generate a recorded diagnostic medical image. A focused imaging target includes, but is not limited to:
(a) Assessment of fetal presentation or heartbeat;
(b) Assessment of fluid in a body cavity;
(c) Assessment of foreign body position or location;
(d) Fetal monitoring during active labor; or
(e) Identification of an anatomical landmark or blood vessel for vascular access or administration of anesthesia.
VII. A person performing medical procedures or therapy on non-human subjects or cadavers.
VIII. A person licensed under the laws of the state of New Hampshire performing a medical procedure using ultrasound for a non-imaging purpose that is within his or her scope of practice, education, training, and competence.
IX. A person licensed to perform a medical imaging or radiation therapy modality, who is performing clinical procedures under the supervision of a licensed practitioner or a person holding a license under this chapter in the supervised modality, in preparation for certification in an additional medical imaging or radiation therapy modality. To receive this exemption, the person shall register with the executive director and meet the requirements as specified in this chapter and under the rules adopted by the board. The executive director may grant this exemption for a period not to exceed 3 years and the exemption may be renewed by the executive director.
Source. 2016, 54:2, eff. July 1, 2016. 2017, 217:1, eff. Sept. 8, 2017. 2022, 104:8, eff. July 26, 2022.
N.H. Admin. Code Plc, ch. Plc 1300, app E