New Hampshire Code of Administrative Rules
Resp - Governing Board of Respiratory Care Practitioners
Chapter Resp 400 - CONTINUED STATUS
Part Resp 405 - REVOCATION, SUSPENSION AND OTHER SANCTIONS
Section Resp 405.04 - Determinations Required for Sanctions
Universal Citation: NH Admin Rules Resp 405.04
Current through Register No. 12, March 21, 2024
(a) The board shall revoke a license only when the revocation is agreed upon by the board and the licensee in a settlement made pursuant to Ahp 214.
(b) In determining which sanction or combination of sanctions other than license revocation 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 (c) below; and
(3) Finally, apply the standards in (d)
below.
(c) The characteristics shall be:
a. The misconduct
actually caused physical or mental harm to the patient or another
person;
b. The misconduct had the
potential to cause physical or mental harm to the patient or another
person;
c. The misconduct repeated
earlier misconduct done by the licensee, as determined by:
1. An earlier hearing;
2. An earlier settlement agreement predicated
on the same misconduct by the licensee; or
3. An admission by the licensee;
d. The misconduct was not the
first misconduct by the licensee, as determined by:
1. An earlier hearing;
2. An earlier settlement agreement predicated
on misconduct by the licensee; or
3. An admission by the licensee;
and
e. The misconduct
was intentional rather than the result of negligence or inadvertence.
(d) The board shall select appropriate sanction(s):
(1) From the list in
Resp
405.02;
(2) By choosing, in light of the
characteristics determined pursuant to (c) above, the sanction or combination
of sanctions most likely to:
a. Protect
public health and safety;
b.
Prevent future misconduct by the licensee;
c. Take into account any acknowledgement of
fault by the licensee and any cooperation by the licensee with the board's
investigation of misconduct;
d.
Correct any attitudinal, educational or other deficiencies which led to the
licensee's misconduct;
e. Encourage
the responsible practice of respiratory care or polysomnography; and
f. Demonstrate to the licensee and the public
the board's intention to insure that its licensees practice in accordance with
applicable law and the public welfare.
#9068, eff 1-11-08; ss by #9958-A, eff 7-16-11
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