New Hampshire Revised Statutes 329:24 – Unlawful Practice
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I. Whoever, not being licensed or otherwise authorized according to the law of this state, shall advertise oneself as practicing medicine, or shall practice medicine, according to the meaning of RSA 329, or in any way hold oneself out as qualified so to do, or call oneself a “physician,” or whoever does any such acts after receiving notice that such person‘s license has been revoked is engaged in unlawful practice.
II. A person who engages in unlawful practice shall be guilty of a misdemeanor for the first offense by an individual or entity; and for any subsequent offense the person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
III. The board, after hearing and upon making an affirmative finding under N.H. Rev. Stat. § 329:24, I, that the person is engaged in unlawful practice, may take action in any one or more of the following ways:
(a) A cease and desist order in accordance with N.H. Rev. Stat. § 329:24, IV.
(b) The imposition of an administrative fine not to exceed $50,000.
(c) The imposition of an administrative fine for continuation of unlawful practice in the amount of $1,000 for each day the activity continues after notice from the board that the activity shall cease.
(d) The denial or conditional denial of a license application, application for renewal, or application for reinstatement.
IV. The board is authorized to issue a cease and desist order against any person or entity engaged in unlawful practice. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the board, or the prosecuting attorney of any county or municipality where the act of unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to the board.
II. A person who engages in unlawful practice shall be guilty of a misdemeanor for the first offense by an individual or entity; and for any subsequent offense the person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Terms Used In New Hampshire Revised Statutes 329:24
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The board, after hearing and upon making an affirmative finding under N.H. Rev. Stat. § 329:24, I, that the person is engaged in unlawful practice, may take action in any one or more of the following ways:
(a) A cease and desist order in accordance with N.H. Rev. Stat. § 329:24, IV.
(b) The imposition of an administrative fine not to exceed $50,000.
(c) The imposition of an administrative fine for continuation of unlawful practice in the amount of $1,000 for each day the activity continues after notice from the board that the activity shall cease.
(d) The denial or conditional denial of a license application, application for renewal, or application for reinstatement.
IV. The board is authorized to issue a cease and desist order against any person or entity engaged in unlawful practice. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the board, or the prosecuting attorney of any county or municipality where the act of unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to the board.