Section He-P 4001.07 - Deliberate Misconduct(a) Any licensee, certificate of registration holder, applicant for a license or certificate of registration, employee of a licensee, certificate of registration holder or applicant; or any contractor, including a supplier or consultant, subcontractor, employee of a contractor or subcontractor of any licensee or certificate of registration holder or applicant for a license or certificate of registration, who knowingly provides to any licensee, applicant, certificate holder, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's, certificate holder's or applicant's activities in this part, shall not: (1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate of registration holder, or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by DHHS/RHS; or(2) Deliberately submit to DHHS/RHS, a licensee, certificate of registration holder, an applicant, or a licensee's, certificate holder's or applicant's, contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to DHHS/RHS.(b) A person who violates paragraph He-P 4001.07(a) (1) or (a) (2) shall be subject to enforcement action in accordance with RSA 125-F:21 and RSA 125-F:22.(c) For the purposes of He-P 4001.07(a) (1) , "deliberate misconduct" by a person means an intentional act or omission that the person knows:(1) Would cause a licensee, certificate of registration holder or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by DHHS/RHS; or(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate of registration holder, applicant, contractor, or subcontractor.N.H. Admin. Code § He-P 4001.07
#5903, eff 2-1-95; ss by #6827, eff 8-6-98; ss by #8488, eff 11-18-05; ss by #8808, eff 1-24-07
Amended byVolume XXXV Number 14, Filed April 9, 2015, Proposed by #10805, Effective 3/28/2015, Expires3/28/2025.