N.H. Admin. Code § Ath 404.06 - Method for Determining Sanctions
(a) To determine
which sanction or combination of sanctions to impose other than in a case of
the kind described in
Ath 404.05,
the board shall:
(1) Refer to the list in
Ath 404.02 to
determine the nature of the act(s) or omission(s) constituting the misconduct
done by the licensee;
(2) Next,
determine whether the misconduct has one or more of the characteristics listed
in (b) below; and
(3) Finally,
apply the standards in
Ath
404.07.
(b) The characteristics shall be:
(1) The misconduct actually caused physical
or mental harm to the client or another person;
(2) The misconduct had the potential to cause
physical or mental harm to the client or another person;
(3) The misconduct repeated earlier
misconduct done by the licensee, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated
on the same misconduct by the licensee; or
c. An admission by the licensee;
(4) The misconduct was not the
first misconduct by the licensee, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated
on misconduct by the licensee; or
c. An admission by the licensee;
(5) The misconduct was intentional
rather than the result of negligence or inadvertence; and
(6) The misconduct was the result of
negligence.
Notes
#9099, eff 3-1-08
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