Acts of misconduct shall include:

1. (a) The practice of fraud or deceit in procuring or attempting to procure or renew a certificate under RSA 328-C;

2. (b) Any of the following criminal convictions, not reversed, overturned on appeal, or annulled, demonstrating unfitness to practice mediation:

   1. (1) Conviction of a New Hampshire felony, solicitation to commit a New Hampshire felony, or conspiracy to commit a New Hampshire felony;
   2. (2) Conviction in any other jurisdiction of a crime with the same required elements of proof as the crimes listed in (1) above;
   3. (3) Conviction in New Hampshire or another jurisdiction of any crime involving in its commission domestic violence as that term is defined in RSA 173-B:1, IX;
   4. (4) Conviction in New Hampshire or another jurisdiction of conspiracy or solicitation to commit a crime described in (3) above;

   5. (5) Conviction in New Hampshire or another jurisdiction of a crime involving one of the following as victim:

      1. a. A minor;
      2. b. An incapacitated adult; or
      3. c. An elderly adult, as defined in RSA 631:8, I(d);

   6. (6) Conviction in New Hampshire or another jurisdiction of conspiracy or solicitation to commit a crime involving one of the following as victim:

      1. a. A minor;
      2. b. An incapacitated adult; or
      3. c. An elderly adult, as defined in RSA 631:8, I(d);
   7. (7) Conviction in New Hampshire or another jurisdiction of a violation of any controlled drug law;
   8. (8) Conviction in New Hampshire of the commission of, conspiracy to commit, or solicitation to commit, a Class A misdemeanor; or
   9. (9) Conviction in any other jurisdiction of a crime with the same required elements of proof as any New Hampshire Class A misdemeanor;
3. (c) Violation of Fam 500;

4. (d) Any unprofessional conduct or dishonorable conduct affecting the practice of mediation, including:

   1. (1) Conduct resulting in a finding of abuse under RSA 173-B:5 or a comparable judicial finding in another jurisdiction; or

   2. (2) Conduct resulting in the revocation of a professional license or certification by a regulatory authority or court in any jurisdiction for one or more of the following reasons:

      1. a. Physical or emotional abuse of a client, patient, student, or child;
      2. b. Non-consensual bodily contact with a client, patient, student, or child; or
      3. c. Breach of a fiduciary duty to a person or with respect to financial matters;
5. (e) Gross incompetence posing a risk to public health, safety, or welfare;
6. (f) Abuse of, misuse of, or addiction to alcohol or other habit-forming drugs to a degree which renders the person unfit to practice mediation;
7. (g) A legal finding of incompetence;
8. (h) Willful or repeated violation of the provisions of RSA 328-C; or
9. (i) Suspension or revocation without subsequent reinstatement of a certificate, license, or registration or other authorization to practice family mediation by another jurisdiction.

Source. #9672, eff 4-2-10; ss by #12507, INTERIM, eff 4-2-18, EXPIRED: 10-1-18 New. #12635, eff 10-2-18