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2017 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 327 - OPTOMETRY
Section 327:20 - Disciplinary Action.
Universal Citation: NH Rev Stat § 327:20 (2017)
327:20 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 him 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;
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated; or
(i) The use of any pharmaceutical agent by an optometrist not authorized under RSA 327:6-a or the use of any pharmaceutical agent other than those agents described in RSA 327:1 or those previously approved by the joint credentialing committee.
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 assessing administrative fines established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues after notice, whichever is greater.
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 him 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;
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated; or
(i) The use of any pharmaceutical agent by an optometrist not authorized under RSA 327:6-a or the use of any pharmaceutical agent other than those agents described in RSA 327:1 or those previously approved by the joint credentialing committee.
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 assessing administrative fines established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $200 for each day the violation continues after notice, whichever is greater.
Source. 1911, 167:10. PL 207:22. RL 253:22. 1949, 111:1. 1951, 72:10. RSA 327:20. 1977, 131:1. 1981, 355:8. 1999, 197:13. 2006, 182:5. 2016, 83:7, eff. July 18, 2016.
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