Section He-P 1401.01 - Definitions(a) "Applicant" means "applicant" as defined in RSA 328-H:2, I.(b) "Asian Bodywork Therapist" means a person providing Asian bodywork therapy in accordance with the scope of practice as described in RSA 328-H:3, III.(c) "Board" means "board" as defined in RSA 328-H:2, II.(d) "Commissioner" means the commissioner, department of health and human services or his or her designee.(e) "Cooperate" means to provide the department with any information requested by the commissioner during an investigation and to answer any questions posed by the department in order to enable it to determine compliance with RSA 328-H and He-P 1400.(f) "Department" means the New Hampshire department of health and human services.(g) "Directed plan of correction" means a plan developed and written by the department that specifies the necessary actions the licensee shall take to come into compliance with a violation of RSA 328-H or He-P 1400.(h) "Good standing" means that: (1) The practitioner has had no complaints, within the previous 5 years, for which an acceptable plan of correction has not been received; and(2) No administrative action such as denial of application, suspension or revocation of license or imposition of an administrative fine that has not been paid has occurred or is pending.(i) "Inappropriate sexual contact" means the intentional touching of the client's breasts or genitalia by the licensee, or a person practicing without a license, when such touching:(1) Is a therapeutic aspect of the therapy, but is done without the informed consent of the client; or(2) Is not a necessary, therapeutic aspect of the therapy; and(3) Is performed primarily for the purpose of sexual arousal or gratification of the licensee, the person practicing without a license, or the client.(j) "License" means the document issued by the department authorizing a person to practice as a reflexologist, structural integrator, or Asian bodywork therapist.(k) "Licensee" means "licensee" as defined in RSA 328-H:2, V.(l) "Offense" means an act or acts of inappropriate sexual contact occurring during the course of a single therapy session.(m) "Practice" means "practice" as defined in RSA 328-H:2, VI.(n) "Practitioner" means "practitioner" as defined in RSA 328-H:2, VII.(o) "Reflexologist" means a person providing reflexology in accordance with the scope of practice as described in RSA 328-H:3, I.(p) "Second offense" means inappropriate sexual contact committed by an individual who has at least once been found, after notice and opportunity for a hearing, to have committed inappropriate sexual contact.(q) "Structural Integrator" means a person providing structural integration in accordance with the scope of practice as described in RSA 328-H:3, II.(r) "Third offense" means inappropriate sexual contact committed by an individual who has at least twice been found, after notice and opportunity for a hearing, to have committed inappropriate sexual contact.N.H. Admin. Code § He-P 1401.01
#9681, eff 3-20-10, EXPIRED: 3-20-18