Section Nat 404.05 - Determinations Required for Sanctions(a) In instances of misconduct other than those described in Nat 404.04, the board shall engage in the following process to determine which sanction or combination of sanctions, if any, to impose: (1) First determine the nature of the act or omission 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 (c) below.(b) The characteristics shall be: (1) The misconduct actually caused physical or mental harm to the patient or another person;(2) The misconduct had the potential to cause physical or mental harm to the patient 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; 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; orc. An admission by the licensee; and(5) The misconduct was intentional rather than the result of negligence or inadvertence.(c) The board shall select appropriate sanction(s): (1) From the list in Nat 404.02; and(2) By choosing, in light of the characteristics determined in the step described in (a)(2) above, the sanction most likely to: a. Protect public health and safety;b. Prevent future misconduct by the licensee;c. Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;d. Correct any attitudinal, educational, or other deficiencies which led to the licensee's misconduct;e. Encourage the responsible practice of naturopathic medicine, naturopathic childbirth, and naturopathic acupuncture, as applicable; andf. Demonstrate to the licensee and the public the board's intention to ensure that its licensees practice in accordance with applicable law and the public welfare.(d) If the board chooses not to select a sanction under (c) above because the board has determined that any sanction would be too harsh, the board shall either: (1) Dismiss the matter; or(2) Issue a confidential letter of concern to the licensee.N.H. Admin. Code § Nat 404.05
#8857, eff 3-27-07, EXPIRED: 3-27-15
Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12176, Effective 5/17/2017, Expires 5/17/2027.Amended by Volume XL Number 50, Filed December 10, 2020, Proposed by #13140, Effective 11/26/2020, Expires 11/26/2030