Section 315:9 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.
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 podiatry;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Intentionally harming a patient or otherwise engaging in unprofessional conduct in practicing podiatry or activities ancillary to the practice of podiatry or any particular aspect or specialty of the practice of podiatry;
(d) Physical or mental incapacity, gross or repeated negligence or otherwise displaying a pattern of behavior incompatible with the basic knowledge and competence expected of persons licensed to practice podiatry or any particular aspect or specialty of the practice of podiatry;
(e) Habitual use of or addiction to the use of alcohol or other habit-forming drugs to the degree as to render him unfit to practice podiatry;
(f) Knowingly or willfully violating any provision of this chapter or any substantive rule or order issued by the board;
(g) Suspension or revocation of the licensee's license to practice podiatry in another jurisdiction.
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 he has been found deficient;
(e) By requiring the person to submit to the care, counseling or treatment of a physician, counseling service, health care facility, professional assistance program, or any other comparable facility approved by the board; or
(f) By assessing administrative fines in amounts established by the board which shall not exceed $2,000 per offense, or in the case of a continuing offense, $250 for each day the violation continues.
IV. Every insurer, including self-insurers, providing professional liability insurance to a licensee of the board shall file complete reports with the board which describe all reservable claims and legal actions taken against an insured licensee for any medical injury as defined by RSA 329:17, III. Such reports shall be mailed within 30 days from the date the reserve is established or the legal process in received.
V. The board shall conduct an investigation of any person licensed by the board who has been the subject of 3 reservable insurance claims or legal actions for medical injury as defined in paragraph IV, which pertain to 3 different acts or events within any consecutive 5-year period commencing with the effective date of this act.
VI. Upon receipt of an administratively final order from the licensing authority of another jurisdiction which has imposed disciplinary sanctions against any person licensed by the board, or any person applying for licensure, the board may issue an order directing the licensee or applicant to appear and show cause why similar disciplinary action or, in the case of an applicant, license denial or restriction, should not be imposed in this state. In any such proceeding, the decision of the foreign licensing authority may not be collaterally attacked, but the licensee or applicant shall be given the opportunity to demonstrate why a lesser sanction should be imposed. When acting under this paragraph, the board may issue any disciplinary sanction or take any action with regard to a license application, which would otherwise be permitted by this chapter, including sanctions or actions more stringent than those imposed by the foreign jurisdiction. The board shall adopt rules, pursuant to RSA 541-A, relative to handling summary proceedings brought under this paragraph, but shall furnish the respondent at least 10 days' written notice and an opportunity to be heard. The board may require a licensee to suspend practice in this state as a condition of postponing a scheduled date for hearing allegations brought under this paragraph.
Source. 1919, 141:4. PL 208:9. RL 254:9. RSA 315:9. 1977, 381:4. 1981, 280:6. 1991, 382:7-9, eff. Jan. 1, 1992.