Section Plc 311.10 - Method for Determining Sanctions(a) To determine which sanction or combination of sanctions to impose, the applicable board shall:(1) Determine the nature of the act(s) or omission(s) constituting the misconduct committed by the licensee;(2) Determine whether any aggravating or mitigating circumstances are present, as provided in (b) and (c), below; and(3) Apply the standards in Plc 311.11.(b) The following shall be considered aggravating circumstances: (1) The rule or statute violated was clear as to what was required or prohibited;(2) The respondent has a record of disciplinary sanctions being imposed;(3) The respondent committed the misconduct intentionally or recklessly;(4) The respondent did not cooperate during the investigation and adjudicative proceeding; and(5) The misconduct caused actual harm or posed a material threat of harm to patients, clients, colleagues, or the public.(c) The following shall be considered mitigating circumstances:(1) The respondent does not have a record of prior discipline;(2) The respondent committed the misconduct negligently or inadvertently;(3) The respondent cooperated fully during the investigation and adjudicative proceeding;(4) The respondent acknowledged that the identified actions constituted violations; and(5) The rule or statute violated was arguably unclear.N.H. Admin. Code § Plc 311.10
Derived from Number 24, Filed June 13, 2024, Proposed by #13955, Effective 5/3/2024, Expires 5/3/2034 (see Revision Note #2 at chapter heading for Plc 300).