(a) Disciplinary measures available to the board to sanction misconduct, pursuant to RSA 310:12, shall be:
- (1) Reprimand;
- (2) Suspension of a license for a period of time as determined reasonable by the board;
- (3) Revocation of license;
(4) Placing the licensee on probationary status and submit one or more of the following:
- a. Regular reporting to the board concerning the matters which are the basis of the probation;
- b. Continuing professional education until a satisfactory degree of skill has been achieved in those areas which are the basis of probation;
- c. Submitting to the care, counseling, or treatment of a physician, counseling service, health care facility, professional assistance program, or any comparable person or facility approved by the board; or
- d. Practicing under the direct supervision of another licensee for a period of time specified by the board; and
- (5) The imposition of an administrative fine, pursuant to RSA 310:12, I-a(e), not to exceed $3,000 per offense, $300.00 for each day the violation continues, whichever is greater.
- (b) In the case of sanctions for discipline in another jurisdiction, the decision of the other jurisdiction's disciplinary authority shall not be collaterally attacked and the board, after following the procedure outlined in Diet 404.04, Diet 404.05, and Diet 404.06 shall impose any of the sanctions set forth in this chapter, but shall provide notice and an opportunity to be heard prior to imposing any sanctions.
- (c) In cases involving a reasonable belief there is an imminent danger to public health, safety, or welfare, the board shall order immediate suspension of a license pending an adjudicative proceeding to determine if the suspension should remain in place pending final adjudication of the matter. The hearing, before the board, shall commence no later than 10 working days after the date of the order suspending the license unless the licensee or certified individual agrees in writing to a longer period. In such cases of immediate danger, the board shall comply with RSA 541-A:30.
- (d) For any order issued in resolution of a disciplinary proceeding by the board, where the board has found misconduct sufficient to support disciplinary action, the board shall require the licensee who is the subject of such finding to pay the OPLC the reasonable cost of investigation and prosecution of the proceeding, but which shall not exceed $10,000. This sum shall be imposed in addition to any otherwise authorized administrative fines levied by the board as part of the penalty. The investigative and prosecution costs shall be assessed by the OPLC.
Source. #14314, eff 9-9-25, EXPIRES: 9-9-35