Section Rec 404.05 - Method for Determining Sanctions(a) To determine which sanction or combination of sanctions to impose other than in a case of the kind described in Rec 404.04, the board shall: (1) Refer to the list in Rec 404.01 to determine the nature of the act(s) or omission(s) 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 Rec 404.06.(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 misconduct by the licensee; orc. An admission by the licensee;(5) The misconduct was intentional rather than the result of negligence or inadvertence; and(6) The misconduct was the result of negligence.N.H. Admin. Code § Rec 404.05
Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12072, Effective 12/23/2016, Expires 12/23/2026.