Section Plc 1311.06 - Method for Determining Sanctions(a) To determine which sanction or combination of sanctions to impose, the executive director shall:(1) Refer to the list in Plc 1311.03 to determine the nature of the act(s) or omission(s) constituting the misconduct committed by the licensee;(2) Determine whether any aggravating or mitigating circumstances are present, as provided in (b) and (c), below; and(3) Apply the standards in Plc 1311.07.(b) The following shall be considered aggravating circumstances: (1) The rule or statute violated was clear as to what was required or prohibited;(2) The respondent has a record of disciplinary sanctions being imposed;(3) The respondent committed the misconduct intentionally or recklessly;(4) The respondent did not cooperate during the investigation and adjudicative proceeding; and(5) The misconduct caused actual harm or posed a material threat of harm to patients, colleagues, or the public.(c) The following shall be considered mitigating circumstances: (1) The respondent does not have a record of prior discipline;(2) The respondent committed the misconduct negligently or inadvertently;(3) The respondent cooperated fully during the investigation and adjudicative proceeding;(4) The respondent acknowledged that the identified actions constituted violations; and(5) The rule or statute violated was arguably unclear.N.H. Admin. Code § Plc 1311.06
Derived from Number 6, Filed February 9, 2023, Proposed by #13548, Effective 2/1/2023, Expires 7/31/2023.Amended by Number 32, Filed August 10, 2023, Proposed by #13701, Effective 8/1/2023, Expires 8/1/2033 (See Revision Note at chapter heading for Plc 1300).