N.H. Admin. Code § He-A 304.04

Current through Register No. 2, January 9, 2025

Section He-A 304.04 - Processing of Initial Applications and Issuance of Certifications

(a) An application for an initial certification shall be complete when the department determines that all items required by He-A 304.03(a) have been received.

(b) If an application does not contain all of the items required by He-A 304.03(a) , the department shall notify the applicant in writing of the items required before the application can be processed.

(c) Unless a waiver has been granted, the department shall deny a certification application in accordance with He-A 304.10(b) after reviewing the information in He-A 304.03(a) (6) -(7) if, after review, it determines that the applicant, certificate holder, or administrator:

(1) Has been convicted of any felony in this or any other state;

(2) Has been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation in this or any other state;

(3) Has had a finding by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect, or exploitation of any person; or

(4) Otherwise poses a threat to the health, safety, or well-being of clients.

(d) All certifications issued in accordance with He-A 304 shall be non-transferable by person or location.

(e) Following an inspection, a certification shall be issued if the department determines that an applicant requesting an initial certification is in full compliance with He-A 304, including (f) below.

(f) To be certified under He-A 304, an applicant shall have:

(1) Either:

a. Both of the following:

1. A current certification as an OTP from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA); and

2. A current accreditation as an OTP from a SAMHSA-approved OTP accrediting body; or

b. A provisional certification as an OTP from SAMHSA;

(2) A current registration with the U.S. Drug Enforcement Administration in accordance with 21 CFR 1301-1307; and

(3) A pharmacy in compliance with RSA 318:51-b and licensed in accordance with Ph 600 as a limited retail drug distributor as defined in RSA 318:1, VII-a.

N.H. Admin. Code § He-A 304.04

#7496, eff 5-23-01; ss by #9476, eff 5-22-09

Amended by Volume XXXVIII Number 10, Filed March 8, 2018, Proposed by #12476, Effective 2/16/2018, Expires 2/16/2028.