N.H. Admin. Code § Nat 404.01

Current through Register No. 50, December 12, 2024

Section Nat 404.01 - Misconduct

Misconduct shall be:

(a) Practicing, or offering to practice, beyond the scope of practice set forth in RSA 328-E:4;

(b) Violation of the formulary determined by the council on doctors of naturopathic medicine formulary pursuant to RSA 328-E:16, III;

(c) Violation of RSA 328-E:14, I, in one of the following ways:

(1) Advertising oneself, or in any way holding oneself out, as qualified to practice naturopathic medicine or practicing naturopathic medicine, without being currently licensed by the board;

(2) Advertising oneself, or holding oneself out, as qualified to practice naturopathic medicine or practicing naturopathic medicine after receiving notice that the license to do so has been revoked; or

(3) Advertising or calling oneself, or allowing oneself to be advertised or called, a physician or doctor, other than in the following manner:

a. Doctor (name), naturopath;

b. (Name), doctor of naturopathy;

c. (Name), naturopathic doctor; or

d. (Name), doctor of naturopathic medicine;

(d) The knowing provision of false information, or knowing failure to disclose a material fact, in the course of applying for initial, renewal or other licensure by any healthcare regulatory board in any jurisdiction;

(e) The habitual use of intoxicants or the use of illegal substances;

(f) Practicing naturopathic medicine when afflicted with a psychiatric disorder, a disease, or a disability that makes practicing naturopathic medicine dangerous to public health or safety;

(g) Gross or repeated negligence in practicing:

(1) Naturopathic medicine;

(2) Naturopathic acupuncture under certification pursuant to Nat 305; or

(3) Naturopathic childbirth under certification pursuant to Nat 306;

(h) Intentionally injuring a patient while practicing:

(1) Naturopathic medicine;

(2) Naturopathic acupuncture under certification pursuant to Nat 305; or

(3) Naturopathic childbirth under certification pursuant to Nat 306;

(i) Employing an unlicensed person to practice any healthcare profession which requires licensing for the practice to be lawful;

(j) Knowingly allowing the unlicensed practice within the licensee's office of any healthcare profession which requires licensing for the practice to be lawful;

(k) Willful or repeated violation of any rule of the board;

(l) Falsification of patient records, insurance reports, or public health records;

(m) Failure to cooperate with an investigation conducted by the board;

(n) Abuse of patients, including:

(1) Psychological abuse;

(2) Physical abuse; and

(3) Sexual activity with, or sexually suggestive actions directed towards, any patient who is not the spouse or significant other of the licensee;

(o) Threatening to engage in behavior described in (n) above;

(p) Engaging in false, misleading, or deceptive advertising;

(q) Disciplinary action by any other domestic or foreign jurisdiction against that jurisdiction's authorization to practice naturopathic medicine, if the conduct calling for the disciplinary action would, if committed in this state, constitute misconduct;

(r) Surrender by the licensee of his or her license or other authorization to practice naturopathic medicine in any other domestic or foreign jurisdiction, if the purpose of the surrender is the avoidance of disciplinary action described in (q) above;

(s) Denial of a license or other authorization to practice naturopathic medicine by any other domestic or foreign jurisdiction, if the denial is based on conduct which would, if committed in this state, constitute misconduct; and

(t) Accepting or performing professional responsibilities which the licensee knows, or has reason to know, he or she is not competent to perform.

N.H. Admin. Code § Nat 404.01

#8857, eff 3-27-07

Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12176, Effective 5/17/2017, Expires 5/17/2027.