N.H. Admin. Code § Mtec 303.04 - Disciplinary Sanctions for Breach of Duty
(a) The purpose
of disciplinary sanction shall be to:
(1)
Protect public health and safety, both as to the complainant and the public;
and
(2) Prevent future misconduct
by a registrant through correction of deficiencies which led to the finding of
misconduct;
(b) In
addition to the conduct described in
RSA
328-I:10, V, the board shall consider the
following conduct as aggravating factors:
(1)
The misconduct caused, or had the potential to cause, physical or mental harm
to the client, patient or another person;
(2) The misconduct repeated earlier
misconduct by a registrant, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated
on the same misconduct by the registrant; or
c. An admission by the registrant;
or
(3) The misconduct
was intentional, rather than the result of negligence or
inadvertence.
(c) In
considering which sanction or combination of sanctions to impose, the board
shall consider the following conduct as mitigating factors:
(1) The misconduct did not cause, or have the
potential to cause, physical or mental harm to the client, patient or another
person;
(2) The misconduct is the
first misconduct of this type by the registrant reported to board;
(3) The misconduct was the result of mistake,
lack of due care, or inadvertence;
(4) The registrant either self-reported the
misconduct, or cooperated fully in the investigation of a complaint made by
another person;
(5) The registrant
has proposed a corrective action plan which will fully meet the purposes of
disciplinary sanction noted above.
(d) Based upon its findings, the board shall
take disciplinary action by imposing one or more of the sanctions permitted by
RSA
328-I:10.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.