Ownership: New Hampshire has no codified corporate practice of medicine doctrine and no clear case law, so the rule is unsettled rather than clearly permissive.
Certificate of need: New Hampshire repealed its Certificate of Need program in 2016 (SB 481).
Nurse practitioners: AANP classifies New Hampshire as full practice; no transition-to-practice hours requirement was found.
Who can own a medical clinic in New Hampshire
New Hampshire has no codified corporate practice of medicine doctrine and no clear case law, so the rule is unsettled rather than clearly permissive. Physicians typically use a professional corporation, whose shares may be held only by licensed professionals, qualified partnerships or other professional corporations; non-physician investors generally use a management services arrangement.
Sources: permithealth.com, law.justia.com
Business entity and registration
Physicians commonly form a professional corporation under RSA 294-A, filed with the Secretary of State's Corporation Division; shares may be issued only to individuals licensed to render the corporation's professional service, qualified general partnerships, or other professional corporations.
Sources: law.justia.com, law.justia.com, sos.nh.gov
Certificate of need in New Hampshire
New Hampshire repealed its Certificate of Need program in 2016 (SB 481). Specialized licensure now covers only cardiac catheterization, open heart surgery and megavoltage radiation therapy, so physician offices, ASCs and imaging centers need no CON.
Sources: ncsl.org
Licenses, registrations and state agencies
Physicians' offices and offices of other licensed practitioners are exempt from facility licensing under RSA 151:2. Licenses are required for ambulatory surgical centers, walk-in care centers, emergency medical care centers, outpatient rehabilitation clinics, dialysis centers, birthing centers, labs and collection stations, and similar health care entities; community health clinics are exempt.
Sources: law.justia.com
New Hampshire-specific requirements to know
There is no CON review for new outpatient projects. A clinic that operates as a walk-in or urgent care center, rather than a physician office, falls within RSA 151 facility licensing. Practices staffed only by PAs and no New Hampshire physician must have collaboration agreements for PAs under 8,000 hours.
Sources: ncsl.org, law.justia.com, law.justia.com
Agencies you will deal with
- Medical board: New Hampshire Board of Medicine (administered by the Office of Professional Licensure and Certification)
- Board of nursing: Board of nursing
- Board of pharmacy: Board of pharmacy
- Business registration: New Hampshire Secretary of State, Corporation Division
- Facility licensing: New Hampshire Department of Health and Human Services, Health Facilities Licensing Unit
- Medicaid enrollment: New Hampshire Medicaid (NH MMIS provider portal)
Nurse practitioners and physician assistants
Nurse practitioners: AANP classifies New Hampshire as full practice; no transition-to-practice hours requirement was found.
Sources: aanp.org
Physician assistants: A physician associate with fewer than 8,000 post-graduate clinical hours who practices in a setting with no New Hampshire licensed physician must have a written collaboration agreement with a New Hampshire physician in a similar field; until January 1, 2027, PAs above 8,000 hours in such a setting also need a Board of Medicine waiver.
Sources: law.justia.com
Med spas, injectables and IV therapy in New Hampshire
No New Hampshire board guidance on med spa ownership, injectables, lasers or IV hydration could be confirmed. Because physician offices are exempt from facility licensing, a med spa that operates as a medical practice is regulated mainly through professional licensing and scope of practice rules.
Sources: law.justia.com
Planning an aesthetic or IV business? See how to start a med spa and how to start an IV therapy business.
Step-by-step checklist in New Hampshire
- Choose your structure and check ownership rules. Decide who will own the practice and confirm it fits New Hampshire’s corporate practice of medicine rules. New Hampshire has no codified corporate practice of medicine doctrine and no clear case law, so the rule is unsettled rather than clearly permissive.
- Form the entity with the New Hampshire Secretary of State, Corporation Division. Physicians commonly form a professional corporation under RSA 294-A, filed with the Secretary of State's Corporation Division; shares may be issued only to individuals licensed to render the corporation's professional service, qualified general partnerships, or other professional corporations.
- Get federal numbers. Apply for an EIN from the IRS, then a Type 2 NPI for the practice and Type 1 NPIs for each clinician through NPPES.
- Confirm licenses with the New Hampshire Board of Medicine (administered by the Office of Professional Licensure and Certification). Every physician needs a New Hampshire license. Check the board’s rules for any practice registrations, supervision agreements or office requirements before opening.
- Check certificate of need and facility licensing. New Hampshire repealed its Certificate of Need program in 2016 (SB 481). Specialized licensure now covers only cardiac catheterization, open heart surgery and megavoltage radiation therapy, so physician offices, ASCs and imaging centers need no CON.
- Register to prescribe. Register with the DEA for controlled substances and complete any New Hampshire controlled substance registration and prescription monitoring program enrollment. There is no CON review for new outpatient projects. A clinic that operates as a walk-in or urgent care center, rather than a physician office, falls within RSA 151 facility licensing.
- Set up lab, safety and privacy basics. Get a CLIA certificate if you will run any lab tests, including waived tests, and put HIPAA privacy and security and OSHA policies in place.
- Enroll with Medicare, Medicaid and insurers. Enroll in Medicare through PECOS, enroll with New Hampshire Medicaid (NH MMIS provider portal) and start commercial credentialing early, because payer enrollment often takes months.
- Plan staffing around NP and PA rules. AANP classifies New Hampshire as full practice; no transition-to-practice hours requirement was found.
- Launch your marketing before opening day. Claim your Google Business Profile, publish a website with online booking and start ads and content four to eight weeks before you open, so the schedule is not empty on day one.
The national steps are explained in more detail in our guide to how to start a medical clinic, and costs are broken down in how much it costs to start a clinic.
Marketing a new clinic in New Hampshire
New clinics usually fail on cash flow before they fail on care. The fastest fix is patients booked before opening day: a complete Google Business Profile, a website with online booking, local search ads and a few weeks of social content showing the team and the space. We run that launch for new clinics and keep it going once the doors open.
Plan your New Hampshire launch with us →
Sources
- https://www.permithealth.com/post/new-hampshire-corporate-practice-of-medicine-cpom-guide
- https://law.justia.com/codes/new-hampshire/title-xxvii/chapter-294-a/section-294-a-8/
- https://law.justia.com/codes/new-hampshire/title-xxvii/chapter-294-a/
- https://www.sos.nh.gov/
- https://www.ncsl.org/health/certificate-of-need-state-laws
- https://www.aanp.org/advocacy/new-hampshire
- https://law.justia.com/codes/new-hampshire/title-xxx/chapter-328-d/section-328-d-3-b/
- https://law.justia.com/codes/new-hampshire/title-xi/chapter-151/section-151-2/