N.H. Admin. Code § Arch 402.02 - Disciplinary Sanctions

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to a mutually agreed upon settlement or consent decree.

(b) When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, where the license was not reinstated, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

(c) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the licensee shall be subject to any disciplinary sanction authorized by RSA 310-A:47.

(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:47 after considering the presence of aggravating or mitigating circumstances.

(e) The following shall be considered aggravating circumstances:

(1) The seriousness of the offense;

(2) Prior disciplinary record;

(3) State of mind at the time of the offense;

(4) Lack of willingness to cooperate with the board; and

(5) Potential harm to public health and safety.

(f) The following shall be considered mitigating circumstances:

(1) Absence of a prior disciplinary record;

(2) State of mind at the time of the offense;

(3) Willingness to cooperate with the board;

(4) Acknowledgment of his or her wrongdoing; and

(5) The purpose of the rule or statute violated.

(g) No hearing date established in a proceeding conducted under Arch 402.02 shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period if any pending issuance of the board's final decision.

(h) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

Notes

N.H. Admin. Code § Arch 402.02

#9097, eff 2-29-08

Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10904, Effective 8/5/2015, Expires8/5/2025.