Section Hcp 404.01 - Disciplinary Sanctions(a) Other than immediate license suspensions authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions on an audiologist or hearing aid dealer only:(1) After prior notice and an opportunity to be heard; or(2) Pursuant to a mutually agreed upon settlement.(b) After a finding that an audiologist or hearing aid dealer has committed misconduct, the board shall impose one or more of the disciplinary sanctions described in this part.(c) The board shall impose the least severe sanction available under these rules that is calculated to address misconduct and act as a deterrent for future acts of misconduct.(d) When a person subject to the board's disciplinary authority is found, after notice and opportunity for hearing, to have committed misconduct, the board shall impose sanctions after considering aggravating and mitigating factors including, but not limited to: (1) The seriousness of the offense;(2) The audiologist or hearing aid dealer's prior disciplinary record;(3) The audiologist or hearing aid dealer's state of mind at the time of the offense;(4) The audiologist or hearing aid dealer's acknowledgment, or lack thereof, of his or her wrongdoing;(5) The audiologist or hearing aid dealer's willingness to cooperate with the board;(6) The purpose of the rule or statute violated;(7) The nature and extent of the enforcement activities required of the board as a result of the offense;(8) The cost of any investigation or hearing conducted by the board; and(9) The audiologist or hearing aid dealer's ability to pay the administrative fine.(e) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements shall be sent to the licensing body of each state in which the audiologist or hearing aid dealer is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.N.H. Admin. Code § Hcp 404.01
Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12112, Effective 2/21/2017, Expires 2/21/2027.