New Hampshire Code of Administrative Rules
Plc - Executive Director, Office of Professional Licensure and Certification
Chapter Plc 200 - PRACTICE AND PROCEDURE
Part Plc 205 - SETTLEMENT PROCEDURES; NON-DISCIPLINARY REMEDIAL ACTIONS
Section Plc 205.06 - Non-Disciplinary Remedial Actions

Universal Citation: NH Admin Rules Plc 205.06

Current through Register No. 12, March 21, 2024

(a) As provided in RSA 310-A:1-k, VII, a regulatory authority "may take non-disciplinary remedial action against any person licensed by it upon finding that the person is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health."

(b) For purposes of this section, the following definitions shall apply:

(1) "Deemed dangerous to the public health" means that the affliction or condition causes the licensee to be incapable of behaving in conformity with accepted professional standards for the profession in which the licensee practices; and

(2) "Unacceptable threat to public health, safety, or welfare" means that the threat posed by the licensee to the life, health, or safety of individuals with whom the licensee interacts in a professional capacity is greater than the licensee's interests in retaining his or her license.

(c) In order to take non-disciplinary remedial action, the regulatory authority shall:

(1) Provide notice and an opportunity for an adjudicative hearing to the licensee; and

(2) Only take the action after making an affirmative finding that:
a. The licensee is afflicted with a physical or mental disability, disease, disorder, or condition deemed dangerous to the public health; and

b. Allowing the licensee to continue to practice would create an unacceptable threat to public health, safety, or welfare.

(d) The action taken by the regulatory authority shall be the least restrictive action that will address the affliction or condition and abate the threat.

(e) The regulatory authority shall take non-disciplinary remedial action as specified in RSA 310-A:1-k, VII(a)-(c), reprinted in Appendix C, provided that the regulatory authority shall revoke the license only if the findings required by (b)(2), above, are made based on clear and convincing evidence.

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