I. The commissioner may undertake disciplinary proceedings:
      (a) Upon his or her own initiative; or
      (b) Upon written complaint of any person which charges that a person licensed by the commissioner has committed misconduct under paragraph II and which specifies the grounds therefor.
   II. Misconduct sufficient to support disciplinary proceedings under this subdivision shall include:
      (a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision;
      (b) Conviction of any criminal offense involving injury to a victim or the risk of such injury or any criminal offense involving dishonesty;
      (c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
      (d) Unfitness or incompetence 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 him or her unfit to practice under this subdivision;
      (f) Mental or physical incompetence to practice under this subdivision;
      (g) Willful or repeated violation of the provisions of this subdivision; or
      (h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
   III. The commissioner may take disciplinary action in any one or more of the following ways:
      (a) By reprimand;
      (b) By suspension, limitation, or restriction of license for a period of up to 5 years after hearing before the commissioner or his or her designee pursuant to RSA 541-A, unless waived by the licensee;
      (c) By revocation of license after hearing before the commissioner or his or her designee pursuant to RSA 541-A, unless waived by the licensee; or
      (d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.
Source. 2006, 206:3, eff. Jan. 1, 2007.