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
(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
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