New Hampshire § 328-I-10 - Section 328-I:10 Disciplinary Action; Remedial Proceedings.

§ 328-I-10. Section 328-I:10 Disciplinary Action; Remedial Proceedings.

I. The board is authorized to undertake investigations and disciplinary proceedings upon: (a) The board's initiative. (b) A written complaint made by any person complaining that a registrant has committed an act of misconduct and specifying the nature of the misconduct. (c) A written complaint made by any person that a person is engaged in unauthorized practice. (d) Notification by a licensing or certifying agency of this state that a registrant has been disciplined by that agency. (e) Notification by the regulatory authority of another domestic or foreign jurisdiction that a registrant has been disciplined in that jurisdiction. (f) A report made pursuant to the obligation to report imposed by this chapter. II. [Repealed.] III. Every facility administrator, or designee, for any licensed hospital, health clinic, ambulatory surgical center, or other health care facility within the state shall report to the board any disciplinary or action related to disruptive conduct, professional incompetence or violation of an organizational rule or procedure involving controlled substances, or any adverse action which results in the termination of an employment relationship, within 30 days after such action is taken, including situations in which allegations of misconduct are settled by voluntary resignation without adverse action, against a person registered by the board. Disciplinary or adverse action shall include the requirement that a registrant undergo counseling or be subject to any policy with regard to disruptive behavior. IV. [Repealed.] V. The board, after hearing, may take disciplinary action against any person registered by it upon finding that the person: (a) Has knowingly provided false information during any application for registration or employment, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application. (b) Is a habitual user of drugs or intoxicants. (c) Has engaged in dishonest or unprofessional conduct, or has negligently or intentionally injured a patient while practicing as a medical technician or performing such ancillary activities. (d) Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the board. (e) Has been convicted of a felony under the laws of the United States or any state. VI. The board may take non-disciplinary remedial action against any person registered by it upon finding that the person is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Upon making an affirmative finding, the board, may take non-disciplinary remedial action: (a) By suspension, limitation, or restriction of a registration for a period of time as determined reasonable by the board. (b) By revocation of registration. (c) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the board. (d) By requiring the person to practice under the direction of a physician in a public institution, public or private health care program, or private practice for a period of time specified by the board. VII. [Repealed.] VIII. [Repealed.] IX. [Repealed.] X. No civil action shall be maintained against the board or any member of the board or its agents or employees with regard to any action or activity taken in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any organization or its members or against any other person for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter. XI. [Repealed.] XII. [Repealed.] XIII. [Repealed.]