Section Phy 405.04 - Determinations Required for Sanctions(a) In determining which sanction or combination of sanctions to impose, the board shall: (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 Phy 405.05.(b) The characteristics shall be: (1) The misconduct actually caused physical or mental harm to the client or another person;(2) The misconduct had the potential to cause physical or mental harm to the client 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 by the licensee; 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 the same misconduct by the licensee; orc. An admission by the licensee; and(5) The misconduct was intentional rather than the result of negligence or inadvertence.N.H. Admin. Code § Phy 405.04
Amended by Volume XXXVII Number 6, Filed February 9, 2017, Proposed by #12088, Effective 1/20/2017, Expires 1/20/2027.