New Hampshire § 310-12 - Section 310:12 Sanctions.

§ 310-12. Section 310:12 Sanctions.

I. In addition to any grounds provided by any board's practice act, misconduct sufficient to support disciplinary proceedings brought by a board shall include: (a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter. (b) Conviction of any crime, provided that no board shall take disciplinary action against a licensee because of a conviction of a crime in and of itself. A board may only discipline a licensee because of a conviction after: (1) Considering the nature of the crime, and any information provided as to the current circumstances of the convicted person, including but not limited to their rehabilitation, completion of the criminal sentence, amount of time that has passed since the conviction or release, testimonials, employment history, and employment aspirations; and (2) Determining, by clear and convincing evidence, that: (A) The conviction has a substantial and direct relationship to the occupation, trade, vocation, profession, or business for which the person has applied for or obtained state recognition; and (B) Disciplining the licensee based upon that conviction serves the purpose of protecting public safety. (c) Unfitness or incompetency to practice the profession or any particular aspect or specialty thereof as evidenced by negligent or willful acts performed in a manner inconsistent with the health, safety, or wellbeing of any person. (d) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession. (e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the person unfit to practice their profession. (f) Mental or physical incompetency to practice the profession. (g) Willful or repeated violation of the provisions of the applicable practice act, any related statutory obligations, or any administrative rule adopted thereunder. I-a. Upon an affirmative finding that a licensee has committed professional misconduct, boards may take disciplinary action in any one or more of the following ways: (a) By reprimand. (b) By suspension of a license for a period of time as determined reasonable by the board. (c) By revocation of license. (d) By placing the licensee on probationary status. The board may require the person to submit to any of the following: (1) Regular reporting to the board concerning the matters which are the basis of the probation. (2) Continuing professional education until a satisfactory degree of skill has been achieved in those areas which are the basis of probation. (3) Submitting to the care, counseling, or treatment of a physician, counseling service, health care facility, professional assistance program, or any comparable person or facility approved by the board. (4) Practicing under the direct supervision of another licensee for a period of time specified by the board. (e) By assessing administrative fines in amounts established by the board which shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater. II. The board may issue a non-disciplinary confidential letter of concern to a licensee advising that while there is insufficient evidence to support disciplinary action, the board believes the licensee or certificate holder should modify or eliminate certain practices, and that continuation of the activities which led to the information being submitted to the board may result in action against the licensee's license. This letter shall not be released to the public or any other licensing authority, except that the letter may be used as evidence to establish a relevant pattern or course of conduct in subsequent adjudicatory proceedings by the board. III. In the case of sanctions for discipline in another jurisdiction, the decision of the other jurisdiction's disciplinary authority may not be collaterally attacked and the board may impose any of the sanctions set forth in this chapter, but shall provide notice and an opportunity to be heard prior to imposing any sanctions. IV. In cases involving imminent danger to public health, safety, or welfare, a board may order immediate suspension of a license or certification pending an adjudicative proceeding before the board to determine if the suspension should remain in place pending final adjudication of the matter, and which shall commence not later than 10 working days after the date of the order suspending the license unless the licensee or certified individual agrees in writing to a longer period. In such cases of immediate danger, the board shall comply with RSA 541-A:30. When determining whether to emergently suspend a license, the board shall act as fact finder and the presiding officer shall make conclusions of law. V. For any order issued in resolution of a disciplinary proceeding by the board, where the board has found misconduct sufficient to support disciplinary action, the board may require the licensee or certificate holder who is the subject of such finding to pay the office the reasonable cost of investigation and prosecution of the proceeding, but which shall not exceed $10,000. This sum may be imposed in addition to any otherwise authorized administrative fines levied by the board as part of the penalty. The investigative and prosecution costs shall be assessed by the office and any sums recovered shall be credited to the office's fund and disbursed by the office for any future investigations of complaints and activities that violate this chapter or rules adopted under this chapter.