OCCUPATIONS AND PROFESSIONS
EMBALMERS AND FUNERAL DIRECTORS
325:32 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 under this chapter;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Dishonest or unprofessional conduct related to the practice of the profession or any particular aspect or specialty of the profession including, but not limited to, violation of state or federal laws pertaining to the practice of the profession, violation of a nationally recognized ethical code or set of ethical principles pertaining to the profession, or violation of any ethical code or principles identified in rules adopted by the board.
(d) Unfitness or incompetency to practice the profession or any particular aspect or specialty of the profession as evidenced, in a context related to the practice of the profession, by:
(1) The intentional disrespect of a dead human body;
(2) Gross or repeated negligence; or
(3) A pattern of conduct inconsistent with the basic skills, knowledge or professional character expected of all licensees, or all licensees engaged in a particular specialty practice.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him 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 or any law or ordinance related to embalming or funeral directing, or any substantive rule of the board; or
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By reprimand;
(b) By fining;
(c) By suspension of license for a period of up to 5 years or by limiting or restricting a license.
(d) By revocation of certification;
(e) 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;
(f) By imposing civil penalties not to exceed $2,000 per offense or, in the case of continuing offenses, $200 per day, whichever is greater.
Source. 1935, 95:1. RL 168:32. RSA 325:32. 1981, 487:21. 1983, 325:7. 1987, 134:4. 1996, 283:7-10, eff. Jan. 1, 1997.