New Hampshire Code of Administrative Rules
Acp - Board of Acupuncture Licensing
Chapter Acp 200 - PRACTICE AND PROCEDURE
Part Acp 220 - DISCIPLINARY SANCTIONS
Section Acp 220.01 - Notice and Imposition of Sanctions

Universal Citation: NH Admin Rules Acp 220.01

Current through Register No. 52, December 26, 2024

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III and Acp 220.03, the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to an agreed upon settlement or consent decree.

(b) Actions constituting misconduct shall be those specified in RSA 328-G:12, II.

(c) Following a hearing and after a finding that misconduct has occurred by a licensee, the board shall impose, pursuant to RSA 328-G:12, III, one or more of the following sanctions ranked in order of increasing seriousness:

(1) Public or private reprimand;

(2) An administrative fine in an amount established by the board which shall not exceed $2000 per offense, or in the case of a continuing offense, $250 for each day the violation continues.

(3) Suspension, limitation, or restriction of license; or

(4) Revocation of license.

(d) In determining which sanction to impose, the board shall consider:

(1) Aggravating factors such as:
a.The seriousness of the offense;

b.The licensee's prior disciplinary record, including number and type of prior instances of misconduct; and

c.The resulting harm to a person or to the public health and safety; and

(2) Mitigating factors such as:
a.The lack of seriousness of the offense;

b.The licensee's lack of a prior disciplinary record;

c.The licensee's state of mind at the time of the offense;

d.The licensee's acknowledgment of his or her wrongdoing; and

e.The licensee's willingness to cooperate with the board.

(e) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

#7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12

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