Section 332-B:14 Disciplinary Action; Civil Penalty.

NEW HAMPSHIRE STATUTES AND CODES

Section 332-B:14 Disciplinary Action; Civil Penalty.

   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 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 to practice the profession or any particular aspect or specialty thereof as evidenced by negligent or willful acts performed in a manner inconsistent with the health or safety of animals under the care of the licensee, the intentional injury of an animal or human in a context related to the profession, or a pattern of conduct inconsistent with the basic skills and knowledge required to practice the profession;
      (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;
      (i) The use of advertising or solicitation which is false, misleading, or fraudulent or is otherwise deemed unprofessional under rules adopted by the board;
      (j) Having professional association with or employing any person practicing veterinary medicine unlawfully;
      (k) Fraud or dishonesty in the application or reporting of any test disease in animals;
      (l) Failure to keep the veterinary premises and equipment in a safe, clean, and sanitary condition;
      (m) Failure to report as required by law, or making false report of any contagious or infectious disease;
      (n) Dishonesty or gross negligence in the inspection of foodstuffs, maintenance of medical records, or the issuance of health, vaccination, or inspection certificates; or
      (o) [Repealed.]
      (p) Unprofessional conduct as defined in rules 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 license;
      (c) By revocation of 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 the imposition of civil penalties of up to $2,000 per violation, or in the case of continuing violations, not more than $200 per day, whichever is greater.
   IV. The board may informally dispose of any complaint by stipulation, agreed settlement, consent order or default. The board may hold preliminary hearings to facilitate the informal disposition of complaints which, during the preliminary hearing, are found to be unwarranted or unjustified. The board shall follow the provisions of RSA 541-A:31, V in conducting such hearings. All such investigations and preliminary hearings shall be confidential and exempt from the provisions of RSA 91-A, provided that the board shall make public any action taken under RSA 332-B:14, III resulting from a preliminary hearing or investigation.