N.H. Admin. Code § Resp 405.04

Current through Register No. 50, December 12, 2024

Section Resp 405.04 - Determinations Required for Sanctions

(a) The board shall revoke a license only when the revocation is agreed upon by the board and the licensee in a settlement made pursuant to Ahp 214.

(b) In determining which sanction or combination of sanctions other than license revocation 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 (c) below; and

(3) Finally, apply the standards in (d) below.

(c) The characteristics shall be:

a. The misconduct actually caused physical or mental harm to the patient or another person;

b. The misconduct had the potential to cause physical or mental harm to the patient or another person;

c. The misconduct repeated earlier misconduct done by the licensee, as determined by:

1. An earlier hearing;

2. An earlier settlement agreement predicated on the same misconduct by the licensee; or

3. An admission by the licensee;

d. The misconduct was not the first misconduct by the licensee, as determined by:

1. An earlier hearing;

2. An earlier settlement agreement predicated on misconduct by the licensee; or

3. An admission by the licensee; and

e. The misconduct was intentional rather than the result of negligence or inadvertence.

(d) The board shall select appropriate sanction(s):

(1) From the list in Resp 405.02;

(2) By choosing, in light of the characteristics determined pursuant to (c) above, the sanction or combination of sanctions 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 respiratory care or polysomnography; and

f. Demonstrate to the licensee and the public the board's intention to insure that its licensees practice in accordance with applicable law and the public welfare.

N.H. Admin. Code § Resp 405.04

#9068, eff 1-11-08; ss by #9958-A, eff 7-16-11

Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12002, Effective 10/14/2016, Expires 10/14/2026.