Section 313-A:22 Disciplinary Action.
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
(c) In an action concerning a registered tanning facility, upon written complaint from any person which charges a registered tanning facility or operator has violated any provision of RSA 313-A:26-34.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(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;
(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 relying on the expertise of the licensee;
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the person unfit to practice under this chapter;
(f) Mental or physical incompetency to practice under this chapter;
(g) Willful or repeated violation of the provisions of this chapter;
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated; or
(i) Failure to observe the requirements of any rule adopted by the board .
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 for up to 5 years;
(c) By revocation of a license;
(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient; or
(e) By imposing an administrative fine not to exceed $500 for each offense committed by a licensee of the board. Each violation shall constitute a separate offense. The fine shall be paid to the board which shall forward it to the state treasurer to be deposited into the general fund.
(f) In an action concerning a registered tanning facility, by imposing an administrative fine not to exceed $250 for each offense upon any person who violates any provision of RSA 313-A:26-34 or rules adopted pursuant to such subdivision. Any administrative fine imposed under this subparagraph shall not preclude the imposition of further penalties or administrative actions under this chapter. The fine shall be paid to the board which shall forward it to the state treasurer to be deposited into the general fund.
IV. Appeals and rehearings from a decision of the board shall be made pursuant to RSA 541-A.
Source. 2000, 118:1. 2004, 177:9 to 12, eff. Jan. 1, 2005.