N.H. Admin. Code § Fam 403.01

Current through Register No. 45, November 7, 2024

Section Fam 403.01 - Misconduct

Acts of misconduct shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate under RSA 328-C;

(b) Any of the following criminal convictions, not reversed, overturned on appeal, or annulled, demonstrating unfitness to practice mediation:

(1) Conviction of a New Hampshire felony, solicitation to commit a New Hampshire felony, or conspiracy to commit a New Hampshire felony;

(2) Conviction in any other jurisdiction of a crime with the same required elements of proof as the crimes listed in (1) above;

(3) Conviction in New Hampshire or another jurisdiction of any crime involving in its commission domestic violence as that term is defined in RSA 173-B:1, IX;

(4) Conviction in New Hampshire or another jurisdiction of conspiracy or solicitation to commit a crime described in (3) above;

(5) Conviction in New Hampshire or another jurisdiction of a crime involving one of the following as victim:

a. A minor;

b. An incapacitated adult; or

c. An elderly adult, as defined in RSA 631:8, I(d);

(6) Conviction in New Hampshire or another jurisdiction of conspiracy or solicitation to commit a crime involving one of the following as victim:

a. A minor;

b. An incapacitated adult; or

c. An elderly adult, as defined in RSA 631:8, I(d);

(7) Conviction in New Hampshire or another jurisdiction of a violation of any controlled drug law;

(8) Conviction in New Hampshire of the commission of, conspiracy to commit, or solicitation to commit, a Class A misdemeanor; or

(9) Conviction in any other jurisdiction of a crime with the same required elements of proof as any New Hampshire Class A misdemeanor;

(c) Violation of Fam 500;

(d) Any unprofessional conduct or dishonorable conduct affecting the practice of mediation, including:

(1) Conduct resulting in a finding of abuse under RSA 173-B:5 or a comparable judicial finding in another jurisdiction; or

(2) Conduct resulting in the revocation of a professional license or certification by a regulatory authority or court in any jurisdiction for one or more of the following reasons:

a. Physical or emotional abuse of a client, patient, student, or child;

b. Non-consensual bodily contact with a client, patient, student, or child; or

c. Breach of a fiduciary duty to a person or with respect to financial matters;

(e) Gross incompetence posing a risk to public health, safety, or welfare;

(f) Abuse of, misuse of, or addiction to alcohol or other habit-forming drugs to a degree which renders the person unfit to practice mediation;

(g) A legal finding of incompetence;

(h) Willful or repeated violation of the provisions of RSA 328-C; or

(i) Suspension or revocation without subsequent reinstatement of a certificate, license, or registration or other authorization to practice family mediation by another jurisdiction.

N.H. Admin. Code § Fam 403.01

(See Revision Note at chapter heading for Fam 400), #9672, eff 4-2-10

Amended by Volume XXXVIII Number 41, Filed October 11, 2018, Proposed by #12635, Effective 10/2/2018, Expires 10/2/2028.