New Hampshire Septic System Licensing Law

New Hampshire Code · 13 sections

The following is the full text of New Hampshire’s septic system licensing law statutes as published in the New Hampshire Code. For the official version, see the New Hampshire Legislature.

RSA § 310-A:201

Exemptions. – Nothing in this subdivision shall be construed to prevent or affect: I. A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within official duties and responsibilities. II. A person from performing a home inspection if the inspection will be used solely by a bank, savings and loan association, or credit union to monitor progress on the construction of a residential structure. III. A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure from performing an inspection on the structure if the person does not receive separate compensation for the inspection work. IV. A person who is regulated in another profession from acting within the scope of that person's license, registration, or certification. Source. 2008, 339:1, eff. July 1, 2008. Septic System Evaluators Section

RSA § 310-A:205

that is followed by septic system evaluators who are licensed as septic system evaluators by the board. IV. "Evaluation" means the process by which a septic system evaluator observes and determines the condition of a septic system at a point in time in accordance with the board-approved standards of practice and code of ethics. V. "Evaluator" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of septic system evaluations as attested by licensure as a septic system evaluator. Source. 2016, 266:2, eff. Jan. 1, 2017. Section

RSA § 310-A:206

Board of Septic System Evaluators. – I. A board of septic system evaluators is established to administer the provisions of this subdivision. The board shall consist of 5 persons, as follows: (a) One member shall be a sewage disposal system designer permitted under RSA 485-A:35, appointed by the governor and council. The system designer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment. (b) One member shall be a sewage disposal system installer permitted under RSA 485-A:36, appointed by the governor and council. The system installer member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment. (c) One member shall be a septage hauler permitted under RSA 485-A:4, XVI-a, appointed by the governor and council. The septage hauler member shall hold a current and valid New Hampshire septic system evaluator license and shall have actively practiced septic system evaluations for a minimum of 3 years prior to appointment. (d) One public member, appointed by the governor and council. The public member of the board shall be a person who is not, and never was, a septic system evaluator or the spouse of any such person, and who does not have, and never has had, a material financial interest in the provision of septic system design, installation, or evaluation services. (e) An employee of the department of environmental services, appointed by the commissioner of the department of environmental services. II. Initial septic system evaluator appointees to the board shall not be required to hold a current and valid New Hampshire septic system evaluator's license, but shall have been actively practicing septic system evaluations for a minimum of 3 years prior to appointment. III. Each member of the board shall be a citizen of the United States and a resident of this state. IV. No member of the board may be associated with the formal education for septic system evaluators, or be a provider or an employee of a provider for continuing education for any profession or trade certified under this subdivision. V. Members shall be appointed for 5-year terms. Appointments for terms of less than 5 years may be made in order to stagger the appointments. No member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. A board member may

RSA § 310-A:209

License Required. – I. Beginning January 1, 2017, no person shall practice as a septic system evaluator or conduct septic system evaluations in this state without a septic system evaluator's license issued by the board under this subdivision, unless the person is eligible for licensure under RSA

RSA § 310-A:213

Issuance of Licenses. – The board shall issue a license upon payment of the license fee established by the office of professional licensure and certification, to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the license holder and have a serial number. The issuance of a license by the board shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a certified septic system evaluator while the license remains valid. It shall be a class B misdemeanor for the license holder to perform septic system evaluations after the license of the evaluator has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued. Source. 2016, 266:2, eff. Jan. 1, 2017. 2021, 197:158, eff. July 1, 2021. Section

RSA § 310-A:214

Reciprocity. – If, in the determination of the board, another state grants reciprocity to residents of this state and is deemed to have state requirements equal to or exceeding those of this state, the board may enter into a reciprocity agreement allowing applicants who are certified under the laws of such other state to obtain a license as a septic system evaluator in this state upon such terms and conditions as may be determined by the board. Source. 2016, 266:2, eff. Jan. 1, 2017. Section

RSA § 310-A:216

Disciplinary Action. – I. [Repealed.] II. Misconduct sufficient to support disciplinary proceedings under this section shall include: (a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision. (b) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession. (c) Unfitness or incompetence by reason of negligence or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the license holder. (d) Mental or physical incompetence to practice under this subdivision. (e) Willful or repeated violation of the provisions of this subdivision. (f) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated. (g) Violations of the code of ethics for septic system evaluators, or any other rule adopted by the board. (h) Providing false testimony before the board. (i) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision. (j) Knowingly making or signing any false statement, license, or affidavit in connection with the practice of septic system evaluations. Source. 2016, 266:2, eff. Jan. 1, 2017. 2023, 212:63, II, eff. Oct. 3, 2023. Section

RSA § 310-A:219

Violations; Penalty. – I. It shall be a class B misdemeanor, for the first offense, and a class A misdemeanor for the second and any subsequent offense, for any natural person to: (a) Present or attempt to use the license of another as one's own; (b) Give any false or forged evidence of any kind to the board or to any board member in obtaining a license; (c) Attempt to use a revoked license; (d) Beginning January 1, 2017, practice septic system evaluations or to offer, advertise, or hold oneself out to the public as being in the practice of septic system evaluation in this state without a license; or (e) Violate any of the provisions of this subdivision. II. It shall be a violation for any natural person to attempt to use an expired license. Source. 2016, 266:2, eff. Jan. 1, 2017. Section

RSA § 310-A:221

Exemptions. – Nothing in this subdivision shall be construed to prevent or affect the following persons from evaluating septic systems: I. A person who is employed by a governmental entity if the inspection is within official duties and responsibilities. II. A septic system designer holding a current valid permit issued under RSA 485-A:35. Source. 2016, 266:2, eff. Jan. 1, 2017. Medicaid Reimbursement-Eligible Doulas and Lactation Service Providers Section

RSA § 310-A:79

Exemption. – This subdivision shall not be construed to prevent or to affect: I. The practice of soil science by a nonresident having no established place of business in this state when such practice does not exceed, in the aggregate, more than 30 working days in any calendar year, provided such person is legally qualified to practice in a state or country in which the requirements and qualifications for obtaining a certificate are not lower than those specified in this subdivision. Practice for any portion of a day shall be deemed to constitute practice for an entire day. II. The work of an employee or a subordinate of a person holding a certificate under this subdivision, or any employee of a person practicing lawfully under paragraph I, done under the direct supervision of a person holding a certificate under this subdivision or a person practicing lawfully under paragraph I. III. The practice of officers and employees of the government of the United States or of the state of New Hampshire while engaged within this state in the practice of the profession of soil science or wetland science for the government. IV. The determination of a hydric soil boundary or test pit evaluation to the extent permitted pursuant to RSA 485-A:35 for the purposes of septic system design or subdivision application pursuant to RSA 485-A or rules adopted under RSA 485-A. For this work, a municipality shall not require qualifications different from those established pursuant to RSA 485-A:35. V. A homeowner from preparing a plan to provide vehicular and utility access to the homeowner's primary residence within 50 feet from the edge of a traveled way; provided, that he or she complies with rules adopted by the department of environmental services and standards adopted by the board. Source. 1988, 281:1. 1995, 136:31. 1997, 240:7, 8. 2004, 116:2, eff. May 17, 2004. Section

RSA 328-D:6

The board, after hearing, may take action against any person licensed under this chapter upon finding that the licensee:

I. Has knowingly provided false information on any application for professional licensure, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application.

II. Is a habitual user of drugs or intoxicants or is afflicted with a physical disability, insanity, psychiatric disorders, or other disease deemed dangerous to the public health.

III. Has displayed a pattern of behavior which is incompatible with the basic knowledge and competence expected of persons in the practice of his or her profession.

IV. Has engaged in dishonest or unprofessional conduct or has been grossly or repeatedly negligent in practicing his or her profession or in performing activities ancillary to the practice of his or her profession or any particular aspect or specialty thereof, or has intentionally injured a patient while practicing his or her profession or performing such ancillary activities.

V. Has undertaken to practice outside of the collaboration agreement required pursuant to RSA 328-D:3-b.

VI. Has failed to provide adequate safeguards with regard to aseptic techniques or radiation techniques.

VII. Has included in advertising any statement of a character tending to deceive or mislead the public or any statement claiming professional superiority.

VIII. Has advertised the use of any drug or medicine of an unknown formula or any system of anesthetic that is unnamed, misnamed, misrepresented, or not in reality used.

IX. Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the board.

X. Has been convicted of a felony under the laws of the United States or any state.

XI. Has failed to maintain adequate medical record documentation on diagnostic and therapeutic treatment provided or has unreasonably delayed medical record transfer, or violated RSA 332-I.

RSA 328-E:2

In this chapter:

I. "Acupuncture" means the insertion of acupuncture needles into specific points on the skin to treat human disease and impairment and to relieve pain.

II. "Approved naturopathic medical college" means a college or program granting the degree of doctor of naturopathic medicine or doctor of naturopathy that is approved by the board and which:

(a) Is accredited by the Council of Naturopathic Medical Education or other accrediting agency recognized by the federal government.

(b) Has candidate for accreditation status with such agency.

(c) Has been investigated by the board and found to meet education standards equivalent to those established by such agency.

III. "Board" means the naturopathic board of examiners established under RSA 328-E:7.

IV. "Doctor of naturopathic medicine" means a person authorized and licensed to practice naturopathic medicine under this chapter.

IV-a. "Executive director" means the executive director of the office of professional licensure and certification.

V. "Homeopathic preparations" means medicines prepared according to the Homeopathic Pharmacopoeia of the United States.

VI. "Minor office procedures" means care incident to superficial lacerations and abrasions, and the removal of foreign bodies located in superficial structures, not to include the eyes. It shall include the use of antiseptics in connection with such procedures but shall not include the alteration or removal of tissue.

VII. "Naturopathic childbirth" means natural childbirth which includes the use of natural obstetrical medicines, ophthalmic antibiotics, obstetrical emergency medicines and minor surgery including episiotomies, but which does not include the use of forceps delivery, general or spinal anesthesia, cesarean section, or induced abortions.

VIII. "Naturopathic manipulative therapy" means the manually administered, mechanical treatment of body structures or tissues, in accordance with naturopathic principles, for the purpose of restoring normal physiological function to the body by normalizing and balancing the musculoskeletal system of the body.

IX. "Naturopathic medicine" means a system of primary health care practiced by doctors of naturopathic medicine for the prevention, diagnosis, and treatment of human health conditions, injuries, and diseases that uses education, natural medicines and therapies to support and stimulate the individual's intrinsic self-healing processes.

X. "Naturopathic physical medicine" means the therapeutic use of the physical agents of air, water, heat, cold, sound, light, and electromagnetic non-ionizing radiation and the physical modalities of electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy, naturopathic manipulative therapy, and therapeutic exercise.

XI. "Topical medicines" means topical analgesics, anesthetics, antiseptics, scabicides, antifungals, and antibacterials.

RSA 329:17

I. Every clerk of the superior court shall report to the board the filing and final disposition of any action for medical injury as defined in paragraph III within 30 days after such filing and within 30 days after such final disposition.

II. Every insurer, including self-insurers, providing professional liability insurance to a licensee of the board shall send a complete report to the board as to all reservable claims coincident with medical injury that take place in this state or in any other state within 30 days after establishing the reserve. For the purpose of this paragraph, medical injury means any adverse, untoward or undesired consequences arising out of or sustained in the course of professional services rendered by a medical care provider, whether resulting from negligence, error or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.

III. (a) The office shall investigate any referral by the insurance commissioner under RSA 420-J:5-e, VIII or any complaint alleging that a medical director has committed misconduct as set forth in paragraph VII of this section shall be received and reviewed by the board in accordance with the provisions of this section for potential disciplinary action. For the purposes of this paragraph, "medical director" means a physician licensed under this chapter who is employed by a health carrier or medical utilization review entity and is responsible for the utilization review techniques and methods of the health carrier or medical utilization review entity and their administration and implementation.

(b) Any complaint received by the office regarding an insurance coverage decision by a medical director shall be forwarded to the insurance commissioner for review.

IV. Every facility administrator, or designee, for any licensed hospital, health clinic, ambulatory surgical center, or other health care facility within the state shall report to the office any disciplinary or adverse action, within 30 days after such action is taken, including situations in which allegations of misconduct are settled by voluntary resignation without adverse action, against a licensed individual. Disciplinary or adverse action shall include the requirement that a licensee undergo counseling or be subject to any policy with regard to disruptive behavior.

V. Every professional society within the state comprised primarily of licensees shall report to the office any disciplinary action against a member relating to professional ethics, medical incompetence, or drug or alcohol abuse within 30 days after such disciplinary action is taken.

VI. When a threat to public health, safety, or welfare may exist, the office shall notify the facility, a practice's managing physician or administrator, or the hospital chief executive officer of any pending disciplinary proceedings, non-disciplinary remedial proceedings, recommended corrective actions, or concerns for informational purposes or referral to the facility, practice, or hospital's credentials and quality assurance committees or their equivalent. The entity receiving notification shall report back to the board of medicine with a progress or final report within 45 days.

VII. The board, after hearing, may take disciplinary action against any person licensed by it upon finding that the person:

(a) Has knowingly provided false information during any application for professional licensure or hospital privileges, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application.

(b) Is a habitual user of drugs or intoxicants.

(c) Has displayed medical practice which is incompatible with the basic knowledge and competence expected of persons licensed to practice medicine or any particular aspect or specialty thereof.

(d) Has engaged in dishonest or unprofessional conduct or has been grossly or repeatedly negligent in practicing medicine or in performing activities ancillary to the practice of medicine or any particular aspect or specialty thereof, or has intentionally injured a patient while practicing medicine or performing such ancillary activities.

(e) Has employed or allowed an unlicensed person to practice in the licensee's office.

(f) Has failed to provide adequate safeguards in regard to aseptic techniques or radiation techniques.

(g) Has included in advertising any statement of a character tending to deceive or mislead the public or any statement claiming professional superiority.

(h) Has advertised the use of any drug or medicine of an unknown formula or any system of anesthetic that is unnamed, misnamed, misrepresented, or not in reality used.

(i) Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the board.

(j) Has been convicted of a felony under the laws of the United States or any state.

(k) Has failed to maintain adequate medical record documentation on diagnostic and therapeutic treatment provided or has unreasonably delayed medical record transfer, or violated RSA 332-I.

(l) Has knowingly obtained, attempted to obtain or assisted a person in obtaining or attempting to obtain a prescription for a controlled substance without having formed a valid physician-patient relationship pursuant to RSA 329:1-c.

VIII. The board may take non-disciplinary remedial action against any person licensed by it upon finding that the person is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Upon making an affirmative finding, the board, may take non-disciplinary remedial action:

(a) By suspension, limitation, or restriction of a license for a period of time as determined reasonable by the board.

(b) By revocation of license.

(c) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the board.

(d) By requiring the person to practice under the direction of a physician in a public institution, public or private health care program, or private practice for a period of time specified by the board.

IX. The state of New Hampshire confirms its strong support for shared decision making between health care professionals and their patients. A licensee may lawfully prescribe an FDA approved drug product for an off-label indication and be held to the same standard of care as when prescribing for on-label indication when:

(a) Off-label use of the drug product for this indication has longstanding common use;

(b) There is medical evidence to support this use and no known evidence contraindicating such use, including but not limited to, peer reviewed studies and practice guidelines from relevant medical societies; or

(c) The licensee has provided and the patient, or if the patient is a minor, the patient's parent or guardian, has signed an informed consent form that includes the known potential benefits, known potential risks, alternative treatment options, expected prognosis without treatment, and a disclosure that a prescription is for an off-label indication. The signed informed consent form shall remain part of the patient's medical record.

X. No civil action shall be maintained against the board or any member of the board or its agents or employees with regard to any action or activity taken in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any organization or its members or against any other person for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.

XI. Any persons who have had their licenses to practice medicine revoked or suspended shall be barred from practicing any other human health care activities, including psychotherapy, whether or not such other activity is licensed or certified by another licensing agency.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)