New Hampshire Revised Statutes 153:32 - Disciplinary Action
Current as of: 2009
I. The commissioner may undertake disciplinary proceedings:
(a) Upon his or her own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the commissioner has committed misconduct under paragraph II and which specifies the grounds therefor.
II. Misconduct sufficient to support disciplinary proceedings under this subdivision shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision;
(b) Conviction of any criminal offense involving injury to a victim or the risk of such injury or any criminal offense involving dishonesty;
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession, or such conduct that poses risk to public health, safety, or welfare to individuals affected by the practices or actions of the licensee;
(d) Unfitness or incompetence by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee;
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice under this subdivision;
(f) Mental or physical incompetence to practice under this subdivision;
(g) Willful or repeated violation of the provisions of this subdivision; or
(h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
III. The commissioner may take disciplinary action in any one or more of the following ways:
(a) By reprimand;
(b) By suspension, limitation, or restriction of license for a period of up to 5 years after hearing before the commissioner or his or her designee pursuant to RSA 541-A, unless waived by the licensee;
(c) By revocation of license after hearing before the commissioner or his or her designee pursuant to RSA 541-A, unless waived by the licensee;
(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient; or
(e) By immediate suspension pursuant to RSA 541-A:30.
IV. The commissioner shall assess a reinstatement fee for all suspended or revoked licenses of license holders seeking restoration of the license after the prescribed disciplinary time period.
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