N.H. Admin. Code § Psyc 501.03

Current through Register No. 50, December 12, 2024

Section Psyc 501.03 - Standards for the Selection of Disciplinary Sanctions

(a) The purpose of disciplinary sanction shall be to:

(1) Protect public health and safety, both as to the complainant and the public; and

(2) Prevent future misconduct by the licensed psychologist through correction of educational or other deficiencies which led to the finding of misconduct;

(b) In addition to the conduct described in RSA 329-B: 21, II, the board shall consider the following conduct as aggravating factors:

(1) The misconduct caused, or had the potential to cause, physical or mental harm to the client or another person;

(2) The misconduct repeated earlier misconduct by the psychologist, as determined by:

a. An earlier hearing;

b. An earlier settlement agreement predicated on the same type of misconduct by the psychologist; or

c. An admission by the psychologist; or

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

(c) In considering which sanction or combination of sanctions to impose, the board shall consider the following conduct as mitigating factors:

(1) The misconduct did not cause, or have the potential to cause, physical or mental harm to the client or another person;

(2) The misconduct is the first misconduct of this type by the licensee reported to board;

(3) The misconduct was the result of mistake, lack of due care, or inadvertence;

(4) The licensee either self-reported the misconduct, or cooperated fully in the investigation of a complaint made by another person; or

(5) The licensee has proposed a corrective action plan which will fully meet the purposes of disciplinary sanction noted above.

(d) The board shall take disciplinary action by imposing one or more of the sanctions permitted by RSA 329-B: 21, III, and shall make written finding supporting its decision, including:

(1) The presence or absence of aggravating or mitigating factors as set forth above; and

(2) Any other factor which the board determines to be relevant to reach a decision it determines to be appropriate and consistent with the purposes of sanction set forth in this section.

N.H. Admin. Code § Psyc 501.03

Derived From Volume XXXVI Number 49, Filed December 8, 2016, Proposed by 12035-B, Effective 11/4/2016, Expires 11/4/2026.