Section Nuh 402.02 - 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, where the license was not reinstated, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.(c) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 151-A:11 after considering the presence of aggravating or mitigating circumstances.(d) The following shall be considered aggravating circumstances: (1) The seriousness of the offense;(2) The licensee's prior disciplinary record;(3) The licensee's state of mind at the time of the offense;(4) The licensee's lack of willingness to cooperate with the board; and(5) The potential harm to public health and safety.(e) The following shall be considered mitigating circumstances: (1) The absence of a prior disciplinary record;(2) The licensee's state of mind at the time of the offense;(3) The licensee's acknowledgement of his or her wrongdoing; and(4) The licensee's willingness to cooperate with the board.(f) When the board receives information indicating that a licensee has engaged in or is likely to engage in professional conduct which poses an immediate danger to the public welfare, 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 adjudicative proceeding on the specified issues.(g) Suspension orders under Nuh 402.02(f) shall set forth the procedures to be followed by the licensee in order to avail him or herself of the opportunity to be heard.(h) No hearing date established in a proceeding conducted under Nuh 402.02(f) 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.(i) 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.N.H. Admin. Code § Nuh 402.02
#7663, eff 3-19-02, EXPIRED: 3-19-10
New. #9830-A, eff 12-10-10
Amended by Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12690, Effective 12/19/2018, Expires 12/19/2028.