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Some New Hampshire Government officials display cavalier attitude toward the health and safety of constituents.

In the following letter the deputy attorney general is responding to the fraudulent licensing listed on our web page, titled "Fraud". He states he is speaking on behalf of the governor. ANMA was not aware of those individuals seeking licensure until after they were already granted licenses. It appears New Hampshire is not willing to license credible and knowledgeable individuals from correspondent schools, but would rather license individuals pretending to be from four year resident schools.


ATTORNEY GENERAL
STATE OF NEW HAMPSHIRE

33 CAPITOL STREET
CONCORD, NEW HAMPSHIRE 03301-6397

PHILIP T. McLAUGHLIN
ATTORNEY GENERAL

October 27, 1997

STEVEN M. HOURAN
DEPUTY ATTORNEY GENERAL



Donald C. Hayhurst, N.M.D., Ph.D.
American Naturopathic Medical Association
P.O. Box 96273
Las Vegas, NV 89193


Dear Dr. Hayhurst:

Governor Shaheen has asked this office to respond to your September 30, 1997 letter alleging that the N.H. Board of Naturopathic Examiners granted licenses to practice naturopathic medicine to four persons who, in your opinion, did not meet the statutory requirements for licensure contained in N.H. RSA 328-E.

The N.H. Board of Naturopathic Examiners is the agency empowered to respond most directly to your concerns, and RSA 328-E and the rules of the Board contain procedures for challenging license applications. Your September 30, 1997 letter does not indicate that you brought specific concerns to the Board’s attention at the time the license applications were pending. If, however, you believe a person who has already been granted a license does not possess mandatory qualifications for licensure or has engaged in professional misconduct, you may file a petition detailing your concerns with the Board of Examiners. If the Board denies your petition, you may seek judicial review.

The governor strives to appoint persons of demonstrated ability and integrity to the Naturopathic Board, and other state offices, and you should feel free to present your concerns about the qualifications of naturopathic licensees by availing yourself of the remedies which our state law provides. Please understand, however, that persons to whom licenses have been granted have certain rights, and neither the governor nor the attorney general possess authority simply to step in and “undo” actions duly taken by state agencies acting under established statutes.

Your letter describes no incidents of fraud or criminal activity involving naturopathic licensees or state officials, as opposed to the colleges which certain naturopathic licensees may have attended. Should you obtain evidence of criminal fraud which occurred in connection with a specific naturopathic application, you may, and should, report this activity to the police department in the community where the fraud occurred, or, if a state official is involved, to Mr. Mike Bahan, an investigator with the N.H. Department of Justice. But merely disagreeing with the judgment of the Board of Examiners does not constitute fraud. The remedy in such a case is to appeal the Board’s decision.

Very truly yours,
Douglas N. Jones
Assistant Attorney General
Civil Bureau

DNJ:nsd
61014_1.DOC

cc: Michael Vlacich
     Pamela Herring, N.D.