Section Ath 404.06 - Method for Determining Sanctions(a) To determine which sanction or combination of sanctions to impose other than in a case of the kind described in Ath 404.05, the board shall: (1) Refer to the list in Ath 404.02 to determine the nature of the act(s) or omission(s) constituting the misconduct done by the licensee;(2) Next, determine whether the misconduct has one or more of the characteristics listed in (b) below; and(3) Finally, apply the standards in Ath 404.07.(b) The characteristics shall be: (1) The misconduct actually caused physical or mental harm to the client or another person;(2) The misconduct had the potential to cause physical or mental harm to the client or another person;(3) The misconduct repeated earlier misconduct done by the licensee, as determined by: b. An earlier settlement agreement predicated on the same misconduct by the licensee; orc. An admission by the licensee;(4) The misconduct was not the first misconduct by the licensee, as determined by: b. An earlier settlement agreement predicated on misconduct by the licensee; orc. An admission by the licensee;(5) The misconduct was intentional rather than the result of negligence or inadvertence; and(6) The misconduct was the result of negligence.N.H. Admin. Code § Ath 404.06
Amended by Volume XXXV Number 36, Filed September 10, 2015, Proposed by #10921, Effective 8/29/2015, Expires8/29/2025.Amended by Volume XLII Number 2, Filed January 13, 2022, Proposed by #13307, Effective 12/17/2021, Expires 12/17/2031 (formerly Ath 404.07)