TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 330-A
MENTAL HEALTH PRACTICE

Section 330-A:27

    330-A:27 Disciplinary Action. –
I. The board may, for just cause, undertake an investigation or disciplinary proceedings:
(a) Upon its own initiative.
(b) Upon referral from any of the advisory committees.
(c) Upon written, signed, and sworn statement of any person which charges that a person licensed under this chapter has committed misconduct under paragraph II and which specifies the grounds for such charges.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include any allegations of:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct or dishonorable conduct, unworthy of and affecting the practice of the profession, including sexual misconduct as provided in RSA 330-A:36.
(d) Unfitness or incompetency 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 the licensee unfit to practice under this chapter.
(f) Mental or physical incapacity to practice under this chapter, as established by an independent medical or psychiatric evaluation.
(g) Willful or repeated violation of the provisions of this chapter.
(h) Suspension or revocation of a license or registration, similar to one issued under this chapter, in another jurisdiction and not reinstated.
(i) Any misconduct according to the law, rule, or ethical requirements applicable at the time of the alleged misconduct.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By reprimand.
(b) By suspension, limitation, or restriction of a license for a period of up to 5 years.
(c) By revocation of a license.
(d) By requiring the person to participate in a program of continuing education, supervision, or treatment in the area or areas in which the person has been found deficient.
(e) By assessing administrative fines in amounts established by the board which shall not exceed $2,000 per offense, or, in the case of continuing offenses, $200 for each day up to a total not exceeding $2,000.
IV. No civil action shall be maintained against the board or any member of the board or its agents or employees with regard to any action or activity taken in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any organization or its members or against any other person for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter. Agents of the board granted immunity from civil action shall include persons assigned by the board to supervise disciplined licensees under board-imposed disciplinary requirements. Agents granted civil immunity shall not include supervisors of candidates for licensure. Any member of the board, employee, or agent shall comply with the ethical standards of his or her profession.
V. Nothing in this chapter shall be construed to restrict the right of appeal under RSA 541.

Source. 1998, 234:1. 2005, 151:2. 2012, 269:5, 6, eff. Jan. 1, 2013.