Section Den 404.04 - Determinations Required for Sanctions Sanctions by the board shall be determined as follows:
(a) The board shall select appropriate sanction(s) from the list in Den 404.02, choosing the sanction or combination of sanctions 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 mental health; 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.(b) In determining which sanction or combination of sanctions to impose, the board shall:(1) First determine the nature of the act or omission constituting the misconduct done by the licensee;(2) Next determine whether the misconduct has one or more of the characteristics listed in (c) below; and(3) Apply the standard's outlined in Den 404.04(a).(c) 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: b. An earlier settlement agreement predicated on the same misconduct by the licensee; orc. An admission by the licensee;(4) The misconduct was not the first misconduct by the licensee, as determined by: b. An earlier settlement agreement predicated on the same misconduct by the licensee; orc. An admission by the licensee; andd. The misconduct was intentional rather than the result of negligence or inadvertence.N.H. Admin. Code § Den 404.04
Derived from Number 24, Filed June 13, 2024, Proposed by #13956, Effective 7/5/2024, Expires 7/5/2034.