N.H. Code Admin. R. Plc 605.08 – Initiation of Investigations; Disciplinary Proceedings

(a) The executive director shall initiate an investigation of the holder of a microblading certificate whenever the executive director receives credible information that the holder:
1. (1) Has had a disciplinary proceeding initiated relative to his or her esthetics or cosmetologist license;
2. (2) Otherwise has violated any requirement applicable to obtaining or renewing a microblading certificate; or
3. (3) Has not maintained required health and safety standards relative to microblading.
(b) If the executive director determines that the investigation conducted pursuant to (a), above, has produced evidence that could be used to prove by a preponderance of the evidence that a violation of any applicable requirement has occurred, the executive director shall initiate a disciplinary proceeding in accordance with the applicable provisions of Plc 200 and RSA 541-A to suspend or revoke the microblading certificate or to impose limitations on the scope of practice of the microblading certificate holder, in accordance with (c) through (h), below.
(c) After the hearing conducted in accordance with (b), above, if the executive director determines that it has been proven by a preponderance of the evidence that the violation(s) on which the proceeding was based did in fact occur, the executive director shall suspend the microblading certificate conditional on obtaining additional training if, for each such violation:
1. (1) The violation was committed negligently or unknowingly, such that additional instruction should help to ensure that it will not be repeated; and
2. (2) The holder has not been the subject of a disciplinary proceeding for the same or a similar violation within the preceding 2 years.
(d) If a microblading certificate is suspended pursuant to (c), above, the holder may request the microblading certificate to be reinstated after obtaining the specified additional training.
(e) After the hearing conducted in accordance with (b), above, if the executive director determines that it has been proven by clear and convincing evidence that the violation(s) on which the proceeding was based did in fact occur, the executive director shall revoke the microblading certificate if, for any such violation:
1. (1) The violation was committed recklessly or knowingly; or
2. (2) The microblading certificate holder has been the subject of one or more disciplinary proceedings for the same or any similar violation within the preceding 2 years.
(f) If a microblading certificate is revoked pursuant to (e), above, the holder shall not apply again for a microblading certificate for at least 2 years from the date of the revocation.
(g) After the hearing conducted in accordance with (b), above, if the executive director determines that it has been proven by a preponderance of the evidence that the violation(s) on which the proceeding was based did in fact occur, the executive director shall impose limitations on the scope of practice of the microblading certificate holder to minimize the opportunities for the holder to commit additional or repeat violations or impose requirements for additional training if, for each such violation:
1. (1) The violation was committed negligently or unknowingly; and
2. (2) The holder has been the subject of one or more investigations that did not lead to discipline being imposed for the same or a similar violation within the preceding 2 years.
(h) If limitations on the scope of practice are imposed pursuant to (g), above, the holder may request the limitations to be removed upon presenting proof to the OPLC that:
1. (1) The holder has complied with all terms of the limitations for not less than 2 years; and
2. (2) The holder has obtained not less than 6 hours of training in the subject area(s) of the violation(s), in addition to the continuing education required by Plc 605.05(b)(2).
  Source. (See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22
  Rule
  Specific State Statute the Rule Implements
  Plc 601.01
  RSA 541-A:7
  Plc 601.02
  RSA 314-A:1; RSA 314-A:6, intro.; RSA 541-A:7
  Plc 601.03
  RSA 314-A:4; RSA 314-A:6, intro.; RSA 541-A:7
  Plc 601.04
  RSA 314-A:2; RSA 314-A:6, II
  Plc 601.05
  RSA 314-A:3; RSA 314-A:6, II
  Plc 601.06
  RSA 314-A:3; RSA 314-A:6, intro. & II
  Plc 601.07
  RSA 314-A:2, III; RSA 314-A:6, intro. & II
  Plc 601.08
  RSA 314-A:2, III (b); RSA 314-A:6, III
  Plc 601.09
  RSA 314-A:6, II; RSA 541-A:16, I(b) intro.
  Plc 602.01
  RSA 314-A:5; RSA 314-A:6, II
  Plc 602.02
  RSA 314-A:6, I, IV, and V
  Plc 602.03
  RSA 314-A:6, I
  Plc 602.04
  RSA 314-A:2, I; RSA 314-A:7
  Plc 602.05
  RSA 314-A:11; RSA 541-A:16, I(b) intro.
  Plc 602.06
  RSA 314-A:6, II; RSA 314-A:9; RSA 314-A:10; RSA 314-A:11
  Plc 602.07
  RSA 314-A:6, II & III; RSA 314-A:9
  Plc 602.08
  RSA 314-A:6, III; RSA 314-A:10; RSA 541-A:16, I(b) intro.
  Plc 603.01
  RSA 541-A:16, I(b) intro.
  Plc 604.01
  RSA 314-A:6, intro
  Plc 605
  RSA 314-A:2, IV [2021, 60:1, effective 7-1-21]