2017 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 316-A - CHIROPRACTIC
Section 316-A:22 - Disciplinary Action.

    316-A:22 Disciplinary Action. –
    I. The board may undertake disciplinary proceedings:
       (a) Upon its own initiative; or
       (b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
    II. Misconduct sufficient to support disciplinary proceedings under this section 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 a felony or any offense involving moral turpitude;
       (c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
       (d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee;
       (e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders such person unfit to practice under this chapter;
       (f) Mental or physical incompetency to practice under this chapter;
       (g) Willful or repeated violation of the provisions of this chapter; or
       (h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.
    III. The board may take disciplinary action in any one or more of the following ways:
       (a) By reprimand;
       (b) By suspension, limitation or restriction of license for a period of up to 5 years;
       (c) By revocation of license;
       (d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient; or
       (e) By imposing civil penalties for misconduct violations not to exceed $1,000 for each violation or, in the case of continuing violations, $100 per day as long as the violation continues.
    IV. 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.
    V. The board may informally dispose of any complaint by stipulation, agreed settlement, consent order or default. The board may hold preliminary hearings to facilitate the informal disposition of complaints which, during the preliminary hearing, are found to be unwarranted or unjustified. The board shall follow the provisions of RSA 541-A:31, V in conducting such hearings. All such investigations and preliminary hearings shall be confidential and exempt from the provisions of RSA 91-A; provided that the board shall make public any action taken under RSA 316-A:22, III resulting from a preliminary hearing or investigation.
    VI. Any complaint not resolved at or prior to a preliminary hearing shall be heard by the board. Such hearing shall be an open public hearing; provided, however, that the board shall hear the testimony of any witness who is under 18 years of age at the time of such testimony in camera unless good cause is shown by the person complained against. A transcript of any testimony taken in camera shall be made available to the public, but the name and any identifying characteristics of the witness shall be deleted from the transcript.

Source. 1988, 87:2. 1993, 179:14. 1994, 412:34. 1995, 132:6-8, eff. July 1, 1995.