New Hampshire Code of Administrative Rules
Psyc - Board of Psychologists
Chapter Psyc 500 - ETHICAL STANDARDS, RESPONSIBILITIES OF PSYCHOLOGISTS, AND PROFESSIONAL MISCONDUCT
Part Psyc 501 - ETHICAL AND PROFESSIONAL STANDARDS
Section Psyc 501.03 - Standards for the Selection of Disciplinary Sanctions
Universal Citation: NH Admin Rules Psyc 501.03
Current through Register No. 40, October 3, 2024
(a) The purpose of disciplinary sanction shall be to:
(1) Protect public health and safety, both as
to the complainant and the public; and
(2) Prevent future misconduct by the licensed
psychologist through correction of educational or other deficiencies which led
to the finding of misconduct;
(b) In addition to the conduct described in RSA 329-B: 21, II, the board shall consider the following conduct as aggravating factors:
(1) The misconduct
caused, or had the potential to cause, physical or mental harm to the client or
another person;
(2) The misconduct
repeated earlier misconduct by the psychologist, as determined by:
a. An earlier hearing;
b. An earlier settlement agreement predicated
on the same type of misconduct by the psychologist; or
c. An admission by the psychologist;
or
(3) The misconduct was
intentional, rather than the result of negligence or inadvertence.
(c) In considering which sanction or combination of sanctions to impose, the board shall consider the following conduct as mitigating factors:
(1) The
misconduct did not cause, or have the potential to cause, physical or mental
harm to the client or another person;
(2) The misconduct is the first misconduct of
this type by the licensee reported to board;
(3) The misconduct was the result of mistake,
lack of due care, or inadvertence;
(4) The licensee either self-reported the
misconduct, or cooperated fully in the investigation of a complaint made by
another person; or
(5) The licensee
has proposed a corrective action plan which will fully meet the purposes of
disciplinary sanction noted above.
(d) The board shall take disciplinary action by imposing one or more of the sanctions permitted by RSA 329-B: 21, III, and shall make written finding supporting its decision, including:
(1) The presence or absence of aggravating or
mitigating factors as set forth above; and
(2) Any other factor which the board
determines to be relevant to reach a decision it determines to be appropriate
and consistent with the purposes of sanction set forth in this
section.
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