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2019 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Chapter 328-J - Medical Imaging and Radiation Therapy
Section 328-J:19 - Penalties.
Universal Citation: NH Rev Stat § 328-J:19 (2019)
328-J:19 Penalties. –
I. The board may deny, suspend, revoke, or refuse to renew a license or impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:
(a) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.
(b) Engaging in unprofessional conduct pursuant to rules adopted by the board.
(c) Having been convicted of or pleaded guilty or nolo contendere to a crime involving moral turpitude or any crime which indicates that the licensee or applicant is unfit or incompetent to administer medical imaging or radiation therapy procedures or that the licensee or applicant has deceived or defrauded the public.
(d) Engaging in any act or practice in violation of any of the provisions of this chapter or any rule adopted by the board or aiding, abetting, or assisting any person in such a violation.
(e) Committing an act or acts of malpractice, gross negligence, or incompetence in administering medical imaging or radiation therapy procedures.
(f) Practicing as a person licensed to administer medical imaging or radiation therapy procedures without a current license.
(g) Engaging in conduct that could result in harm or injury to the public.
(h) Having a license issued under this chapter revoked or suspended or other disciplinary action taken, whether in this state or another jurisdiction.
(i) Being unfit or incompetent to administer medical imaging or radiation therapy services by reason of deliberate or negligent acts or omissions, regardless of whether actual injury to a patient is established.
II. The board, upon making an affirmative finding under paragraph I, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a 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.
(e) By requiring the person to practice under the direct supervision of a medical imaging professional or radiation therapist for a period of time specified by the board.
(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,500 per offense or, in the case of continuing offenses, $250 for each day the violation continues, whichever is greater.
III. The denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the board after a hearing held in accordance with RSA 328-J:18 and rules adopted by the board. An application may be made to the board for reinstatement of a revoked license if the revocation has been in effect for at least 2 years after the date of the board's order revoking the license.
I. The board may deny, suspend, revoke, or refuse to renew a license or impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:
(a) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.
(b) Engaging in unprofessional conduct pursuant to rules adopted by the board.
(c) Having been convicted of or pleaded guilty or nolo contendere to a crime involving moral turpitude or any crime which indicates that the licensee or applicant is unfit or incompetent to administer medical imaging or radiation therapy procedures or that the licensee or applicant has deceived or defrauded the public.
(d) Engaging in any act or practice in violation of any of the provisions of this chapter or any rule adopted by the board or aiding, abetting, or assisting any person in such a violation.
(e) Committing an act or acts of malpractice, gross negligence, or incompetence in administering medical imaging or radiation therapy procedures.
(f) Practicing as a person licensed to administer medical imaging or radiation therapy procedures without a current license.
(g) Engaging in conduct that could result in harm or injury to the public.
(h) Having a license issued under this chapter revoked or suspended or other disciplinary action taken, whether in this state or another jurisdiction.
(i) Being unfit or incompetent to administer medical imaging or radiation therapy services by reason of deliberate or negligent acts or omissions, regardless of whether actual injury to a patient is established.
II. The board, upon making an affirmative finding under paragraph I, may take disciplinary action in any one or more of the following ways:
(a) By written reprimand.
(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the board.
(c) By revocation of a 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.
(e) By requiring the person to practice under the direct supervision of a medical imaging professional or radiation therapist for a period of time specified by the board.
(f) By assessing civil penalties, after notification and due process, in amounts established by the board which shall not exceed $2,500 per offense or, in the case of continuing offenses, $250 for each day the violation continues, whichever is greater.
III. The denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the board after a hearing held in accordance with RSA 328-J:18 and rules adopted by the board. An application may be made to the board for reinstatement of a revoked license if the revocation has been in effect for at least 2 years after the date of the board's order revoking the license.
Source. 2016, 54:2, eff. July 1, 2016.
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