New Hampshire Code of Administrative Rules
Rec - Advisory Board of Recreational Therapists
Chapter Rec 400 - CONTINUED STATUS
Part Rec 404 - REVOCATION, SUSPENSION AND OTHER SANCTIONS
Section Rec 404.05 - Method for Determining Sanctions
Universal Citation: NH Admin Rules Rec 404.05
Current through Register No. 12, March 21, 2024
(a) To determine which sanction or combination of sanctions to impose other than in a case of the kind described in Rec 404.04, the board shall:
(1) Refer to the list in
Rec
404.01 to determine the nature of the act(s) or
omission(s) 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
Rec
404.06.
(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 misconduct by the licensee; or
c. An admission by the licensee;
(5) The misconduct was intentional
rather than the result of negligence or inadvertence; and
(6) The misconduct was the result of
negligence.
#9546, eff 9-19-09
Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
