New Hampshire Code of Administrative Rules
Phy - Governing Board of Physical Therapists
Chapter Phy 400 - CONTINUED STATUS
Part Phy 405 - REVOCATION, SUSPENSION AND OTHER SANCTIONS, INCLUDING NON-DISCIPLINARY SUBSTANCE ABUSE RECOVERY PROGRAM
Section Phy 405.04 - Determinations Required for Sanctions
Universal Citation: NH Admin Rules Phy 405.04
Current through Register No. 40, October 3, 2024
(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:
a. An earlier hearing;
b. An earlier settlement agreement predicated
on the same misconduct by the licensee; or
c. An admission by the licensee;
(4) The misconduct was not the
first misconduct by the licensee, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated
on the same misconduct by the licensee; or
c. An admission by the licensee;
and
(5) The misconduct
was intentional rather than the result of negligence or inadvertence.
#9456, eff 4-17-09
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