N.H. Code Admin. R. Opt 501.05 - Disciplinary Sanctions

Current through Register Vol. 42, No. 14, April 7, 2022

(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 misconduct by the licensing authority of another jurisdiction as described in RSA 327:20, II(h), the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.
(c) With respect to reciprocal discipline proceedings, the board shall impose license restrictions, such as suspension or revocation, similar to one issued in another jurisdiction.
(d) After a finding that misconduct has occurred and in order to protect public health and safety and deter future misconduct, the board shall impose one or more of the disciplinary sanctions authorized by RSA 327:20, III after considering the presence of aggravating or mitigating circumstances.
(e) The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) The licensee's prior disciplinary record;
(3) The licensee knew his or her actions constitute an offense;
(4) The licensee's lack of willingness to cooperate with the board; and
(5) The potential harm to public health and safety.
(f) The following shall be considered mitigating circumstances:
(1) The absence of a prior disciplinary record;
(2) The licensee's lack of intent to commit an offense;
(3) The licensee's acknowledgement of his or her wrongdoing; and
(4) The licensee's willingness to cooperate with the board.
(g) When the board receives information indicating that a licensee has engaged in or is likely to engage in professional misconduct which poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 541-A:30, III which sets forth the alleged misconduct and immediately suspends the license for up to 10 days pending completion of an adjudicatory proceeding on the specified issues.
(h) Suspension orders under Opt 501.05(g) shall set forth the procedures to be followed by the licensee in order to avail him or herself of the opportunity to be heard.
(i) No hearing date established in a proceeding conducted under Opt 501.05(g) shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the board's final decision.
(j) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be considered public information under RSA 91-A. The board shall make copies of such orders, agreements and decrees available to law enforcement agencies and optometry boards of other jurisdictions. In addition, pursuant to arrangements with the National Practitioners Data Bank (NPDB), copies of such orders, agreements and decrees shall be made available for purposes of assuring that licensing agencies in other jurisdictions are aware of disciplinary action taken against a licensee in this state.

Notes

N.H. Code Admin. R. Opt 501.05

(See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00

New. #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01

New. #7670, eff 4-4-02; amd by #7889, eff 5-20-03, EXPIRED: 5-20-12

New. #10243, eff 12-18-12

Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12383, Effective 9/16/2017, Expires 9/16/2027.

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