Section Ph 2207.02 - Administrative and Disciplinary Fines(a) Persons subject to the disciplinary authority of the pharmacy board and other persons subject to administrative fines or penalties under RSA 318:29, IV or RSA 318:55, II shall after notice and an opportunity to be heard, be assessed fines and penalties as authorized under RSA 318:29, IV. In considering the amount of fines and penalties to assess, the pharmacy board shall consider the factors set forth in (b) through (i) below.(b) The decision to impose a fine and the amount of such fine shall depend on: (1) The severity of harm to the public posed by the violation;(2) The number of concurrent or repeated violations; and(3) The frequency of violations committed by the particular licensee, permit holder, or other person.(c) Minor violations as listed in Ph 2109.02(d) and on form Ph 542 "Minor Violation Notice" shall be subject to a fine of $25.00 for each offense with a maximum of $250.00 per Ph 710.01 and Ph 710.02.(d) Fines shall be paid within 15 days, or a hearing shall be requested in front of the pharmacy board.(e) When no violation of the same type has occurred within the 5 years preceding the pharmacy board's notice to the respondent, the fine assessed shall not exceed $1,000 per violation upon the licensee or $2,000 per violation upon the permit holder.(f) When a single disciplinary infraction of the same type has occurred within the 5 years preceding the pharmacy board's notice to the licensee, the fine assessed shall not exceed $2,000 per violation upon the licensee or $3,000 per violation upon the permit holder.(g) When more than one disciplinary infraction of the same type has occurred within the 5 years preceding the pharmacy board's notice to the licensee, the fine assessed shall not exceed $3,000 per violation upon the licensee or $5,000 per violation upon the permit holder.(h) In the case of continuing violations, a separate fine shall be assessed for each day the violation continues, but the total amount of the fine and the licensee's promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily fines.(i) In all cases, the pharmacy board shall consider:(1) The nature of the offense;(2) The purpose of the rule or statute violated;(3) The licensee's state of mind at the time the offense occurred;(4) The potential harm to the public health;(5) The deterrent effect upon other practitioners;(6) The licensee's willingness to cooperate with the pharmacy board;(7) The cost to the pharmacy board of any formal disciplinary hearing which were necessary;(8) The licensee's acknowledgement of his or her wrongdoing; and(9) The nature of any other disciplinary sanctions imposed as a result of the offense in question.N.H. Admin. Code § Ph 2207.02
Derived from Volume XL Number 11, Filed March 12, 2020, Proposed by 12997, Effective 3/5/2020, Expires 3/5/2030.