Section Alc 413.02 - 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 or other New Hampshire professional board, the board shall issue an order providing the opportunity for a hearing and 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 certificate holder shall be subject to any disciplinary sanction authorized by RSA 330-C:27, IV after considering the presence of aggravating or mitigating circumstances.(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 330-C:27, IV.(e) The board shall determine the sanctions to be imposed after considering the presence of aggravating or mitigating circumstances as specified in Alc 413.02(f) and (g).(f) The following shall be considered aggravating circumstances:(1) The seriousness of the offense;(2) The licensee's prior disciplinary record;(3) Lack of willingness to cooperate with the board;(4) Potential harm to public health and safety; and(5) The purpose of the rule or statute violated.(g) The following shall be considered mitigating circumstances:(1) Absence of a prior disciplinary record;(2) Willingness to cooperate with the board;(3) Acknowledgment of his or her wrongdoing; and(4) The purpose of the rule or statute violated.(h) After consideration of the aggravating and mitigating circumstances described in (f) and (g) above, the board shall impose the sanction most likely to: (1) Protect public health and safety;(2) Prevent future misconduct by the licensee;(3) Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;(4) Correct any attitudinal, educational or other deficiencies which led to the licensee's misconduct;(5) Encourage the responsible practice of substance use counseling; and(6) Demonstrate to the licensee and the public the board's intention to ensure that its licensees practice in accordance with applicable law and the public welfare. (g) No hearing date established in a proceeding conducted under Alc 412.02 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.(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, or which have a legitimate professional interest in the decision and may receive notice consistent with applicable state or federal law.N.H. Admin. Code § Alc 413.02
Derived From Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12548, Effective 7/1/2018, Expires 7/1/2028.