N.H. Admin. Code § Gen 404.04

Current through Register No. 45, November 7, 2024

Section Gen 404.04 - Determinations Required for Sanctions

(a) 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;

(2) Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and

(3) Finally, apply the standards in Gen 404.05.

(b) 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, as determined by:

a.An earlier hearing;

b.An earlier settlement agreement predicated on the same misconduct; or

c.An admission by the license holder;

(4) The misconduct was not the first instance of misconduct by the license holder, as determined by:

a.An earlier hearing;

b.An earlier settlement agreement predicated on the same misconduct; or

c.An admission by the license holder; and

(5) The misconduct was intentional rather than the result of negligence or inadvertence.

N.H. Admin. Code § Gen 404.04

Adopted byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10686, Effective 10/7/2014, Expires 10/7/2024.