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2019 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Chapter 328-F - Allied Health Professionals
Section 328-F:23 - Disciplinary Action.
Universal Citation: NH Rev Stat § 328-F:23 (2019)
328-F:23 Disciplinary Action. –
I. Each governing 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 licensee or certified individual has committed an act of misconduct and specifying the nature of the misconduct.
(c) A written complaint made by any person that a licensee or certified individual or any other person is engaged in unauthorized practice.
(d) Notification by a licensing or certifying agency of this state that a licensee has been disciplined by that agency.
(e) Notification by the regulatory authority of another domestic or foreign jurisdiction that a licensee or certified individual has been disciplined in that jurisdiction.
(f) A report made pursuant to the obligation to report imposed by this chapter.
II. Misconduct sufficient to support disciplinary proceedings shall include:
(a) Knowingly or negligently providing inaccurate material information to the board or failing to provide complete and truthful material information upon inquiry by the board, including during the process of applying for a license or certification, renewal of a license or certification, or reinstatement of a license or certification.
(b) Any criminal conviction in any jurisdiction, excluding traffic violations, or failure to report such conviction within 30 days.
(c) Violation of the ethical standards adopted by the governing board.
(d) Sexual relations with, or sexual harassment of, a client or patient.
(e) Failure to provide care with reasonable skill, safety and regard for client or patient rights, whether or not the client or patient has suffered injury.
(f) Actual or potential inability to render care with reasonable skill and safety by reason of illness, by reason of use of alcohol or drugs or any other material, or by reason of mental or physical condition.
(g) Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction.
(h) Failure to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state.
(i) Practice without a currently valid license or certification.
(j) Violation of any provision of this chapter, of any governing board's practice act or rule adopted pursuant to RSA 541-A, or of any state or federal law reasonably related to the authority of the licensee or certified individual to practice or ability of the licensee or certified individual to practice safely.
III. Each governing board is authorized to impose sanctions upon a finding of misconduct resulting from disciplinary proceedings or the agreement of the licensee or certified individual that he or she has engaged in specified misconduct.
IV. Sanctions may include:
(a) Revocation of license or certification.
(b) Suspension of license or certification for a specified period of time.
(c) Suspension of license or certification conditioned on the achievement of specified continuing competency requirements or continuing education, clinical experience or training.
(d) Suspension of license or certification conditioned on successful participation in specified mental or physical health treatment, a rehabilitative program, counseling, a professional assistance program, or any other program designed to overcome the deficiency or condition which appears to have caused the misconduct.
(e) A requirement that the practice or the licensed or certified individual be supervised for a specified period of time by a licensee or certified individual practicing the same allied health profession.
(f) The imposition of an administrative fine not to exceed $1,000 for:
(1) An act of misconduct by a licensee or certified individual.
(2) The practice of an allied health profession by a person who was once licensed or certified to practice such profession but does not currently hold a valid license or certificate or who is practicing in violation of the conditions upon which he or she is licensed or certified.
(g) The imposition of an administrative fine for continuation of an activity specified in subparagraph (f) in the amount of $100 for each day the activity continues after notice from the board that the activity shall cease.
V. Each governing board is authorized to deny an application for renewal or reinstatement of a license or certification as an additional sanction.
I. Each governing 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 licensee or certified individual has committed an act of misconduct and specifying the nature of the misconduct.
(c) A written complaint made by any person that a licensee or certified individual or any other person is engaged in unauthorized practice.
(d) Notification by a licensing or certifying agency of this state that a licensee has been disciplined by that agency.
(e) Notification by the regulatory authority of another domestic or foreign jurisdiction that a licensee or certified individual has been disciplined in that jurisdiction.
(f) A report made pursuant to the obligation to report imposed by this chapter.
II. Misconduct sufficient to support disciplinary proceedings shall include:
(a) Knowingly or negligently providing inaccurate material information to the board or failing to provide complete and truthful material information upon inquiry by the board, including during the process of applying for a license or certification, renewal of a license or certification, or reinstatement of a license or certification.
(b) Any criminal conviction in any jurisdiction, excluding traffic violations, or failure to report such conviction within 30 days.
(c) Violation of the ethical standards adopted by the governing board.
(d) Sexual relations with, or sexual harassment of, a client or patient.
(e) Failure to provide care with reasonable skill, safety and regard for client or patient rights, whether or not the client or patient has suffered injury.
(f) Actual or potential inability to render care with reasonable skill and safety by reason of illness, by reason of use of alcohol or drugs or any other material, or by reason of mental or physical condition.
(g) Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction.
(h) Failure to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state.
(i) Practice without a currently valid license or certification.
(j) Violation of any provision of this chapter, of any governing board's practice act or rule adopted pursuant to RSA 541-A, or of any state or federal law reasonably related to the authority of the licensee or certified individual to practice or ability of the licensee or certified individual to practice safely.
III. Each governing board is authorized to impose sanctions upon a finding of misconduct resulting from disciplinary proceedings or the agreement of the licensee or certified individual that he or she has engaged in specified misconduct.
IV. Sanctions may include:
(a) Revocation of license or certification.
(b) Suspension of license or certification for a specified period of time.
(c) Suspension of license or certification conditioned on the achievement of specified continuing competency requirements or continuing education, clinical experience or training.
(d) Suspension of license or certification conditioned on successful participation in specified mental or physical health treatment, a rehabilitative program, counseling, a professional assistance program, or any other program designed to overcome the deficiency or condition which appears to have caused the misconduct.
(e) A requirement that the practice or the licensed or certified individual be supervised for a specified period of time by a licensee or certified individual practicing the same allied health profession.
(f) The imposition of an administrative fine not to exceed $1,000 for:
(1) An act of misconduct by a licensee or certified individual.
(2) The practice of an allied health profession by a person who was once licensed or certified to practice such profession but does not currently hold a valid license or certificate or who is practicing in violation of the conditions upon which he or she is licensed or certified.
(g) The imposition of an administrative fine for continuation of an activity specified in subparagraph (f) in the amount of $100 for each day the activity continues after notice from the board that the activity shall cease.
V. Each governing board is authorized to deny an application for renewal or reinstatement of a license or certification as an additional sanction.
Source. 1997, 287:1. 2003, 310:53, eff. July 1, 2003. 2018, 87:8, eff. July 24, 2018.
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