I. Governing boards may investigate allegations of misconduct by licensees, whether the allegations appear in a written complaint or come to the attention of the board in another way. The form taken by an investigation is a matter within the discretion of the board, which may conduct an investigation on an ex parte basis. II. Unless used in disciplinary proceedings or required to be disclosed by an order of a court, the following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A: (a) Complaints received by the board. (b) Information and records acquired by the board during its investigation. (c) Reports and records made by the board as a result of its investigation. (d) Patient or client records, including clinical records, files, oral and written reports relating to diagnostic findings or treatment of licensees' patients or clients and oral and written information from which the identity of licensees' patients or clients or their families can be derived. III. Governing boards are authorized to conduct disciplinary proceedings in accordance with procedural rules adopted by the board of directors. IV. For the purpose of carrying out investigations and disciplinary proceedings, each governing board is authorized to: (a) Retain qualified experts who are not members of the governing board. (b) Retain legal counsel when authorized to do so by the attorney general. (c) Issue subpoenas for persons, relevant documents and relevant things in accordance with the following conditions: (1) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service. (2) Subpoenas for documents and things shall not require compliance in fewer than 15 days after receipt of service. (3) Service shall be made on licensees by certified mail to the address on file with the board or by hand and shall not entitle them to witness or mileage fees. (4) Service shall be made on persons who are not licensees in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated ""Fees Guaranteed by the New Hampshire Office of Allied Health Professionals.'' V. The governing board may dismiss allegations of misconduct if the investigation shows the allegations to be without basis in fact or law. VI. At any time before or during disciplinary proceedings, complaints and issues may be disposed of by written settlement agreement signed by the board and the licensees involved, provided that any complainant shall have the opportunity, before the settlement agreement has been executed, to comment on the terms of the proposed settlement. VII. Disciplinary proceedings shall be open to the public. Final board actions having the effect of terminating disciplinary proceedings, whether taken before, during or after the completion of the proceedings, shall be set forth in a written record which shall be available to the public after service upon the licensees involved. VIII. In carrying out disciplinary proceedings, each governing board shall have the authority to: (a) Hold pre-hearing conferences exempt from the provisions of RSA 91-A. (b) Appoint a board member or other qualified person as presiding officer. (c) Administer, and authorize an appointed presiding officer to administer, oaths and affirmations. (d) Dismiss the proceedings in a written order of dismissal on the basis of: (1) A finding that there are no significant allegations of misconduct or unauthorized practice. (2) A finding based on undisputed material facts that the licensees involved did not engage in misconduct or unauthorized practice. (3) A written settlement agreement signed by the board and the licensees involved. IX. The governing boards shall have no obligation or authority to appoint or pay the fees of attorneys representing licensees during investigations or disciplinary proceedings.
Source. 1997, 287:1; 287:63. 2003, 310:54, eff. July 1, 2003.
I. Governing boards may investigate allegations of misconduct by licensees, whether the allegations appear in a written complaint or come to the attention of the board in another way. The form taken by an investigation is a matter within the discretion of the board, which may conduct an investigation on an ex parte basis. II. Unless used in disciplinary proceedings or required to be disclosed by an order of a court, the following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A: (a) Complaints received by the board. (b) Information and records acquired by the board during its investigation. (c) Reports and records made by the board as a result of its investigation. (d) Patient or client records, including clinical records, files, oral and written reports relating to diagnostic findings or treatment of licensees' patients or clients and oral and written information from which the identity of licensees' patients or clients or their families can be derived. III. Governing boards are authorized to conduct disciplinary proceedings in accordance with procedural rules adopted by the board of directors. IV. For the purpose of carrying out investigations and disciplinary proceedings, each governing board is authorized to: (a) Retain qualified experts who are not members of the governing board. (b) Retain legal counsel when authorized to do so by the attorney general. (c) Issue subpoenas for persons, relevant documents and relevant things in accordance with the following conditions: (1) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service. (2) Subpoenas for documents and things shall not require compliance in fewer than 15 days after receipt of service. (3) Service shall be made on licensees by certified mail to the address on file with the board or by hand and shall not entitle them to witness or mileage fees. (4) Service shall be made on persons who are not licensees in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated ""Fees Guaranteed by the New Hampshire Office of Allied Health Professionals.'' V. The governing board may dismiss allegations of misconduct if the investigation shows the allegations to be without basis in fact or law. VI. At any time before or during disciplinary proceedings, complaints and issues may be disposed of by written settlement agreement signed by the board and the licensees involved, provided that any complainant shall have the opportunity, before the settlement agreement has been executed, to comment on the terms of the proposed settlement. VII. Disciplinary proceedings shall be open to the public. Final board actions having the effect of terminating disciplinary proceedings, whether taken before, during or after the completion of the proceedings, shall be set forth in a written record which shall be available to the public after service upon the licensees involved. VIII. In carrying out disciplinary proceedings, each governing board shall have the authority to: (a) Hold pre-hearing conferences exempt from the provisions of RSA 91-A. (b) Appoint a board member or other qualified person as presiding officer. (c) Administer, and authorize an appointed presiding officer to administer, oaths and affirmations. (d) Dismiss the proceedings in a written order of dismissal on the basis of: (1) A finding that there are no significant allegations of misconduct or unauthorized practice. (2) A finding based on undisputed material facts that the licensees involved did not engage in misconduct or unauthorized practice. (3) A written settlement agreement signed by the board and the licensees involved. IX. The governing boards shall have no obligation or authority to appoint or pay the fees of attorneys representing licensees during investigations or disciplinary proceedings.
Source. 1997, 287:1; 287:63. 2003, 310:54, eff. July 1, 2003.
I. Governing boards may investigate allegations of misconduct by licensees, whether the allegations appear in a written complaint or come to the attention of the board in another way. The form taken by an investigation is a matter within the discretion of the board, which may conduct an investigation on an ex parte basis. II. Unless used in disciplinary proceedings or required to be disclosed by an order of a court, the following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A: (a) Complaints received by the board. (b) Information and records acquired by the board during its investigation. (c) Reports and records made by the board as a result of its investigation. (d) Patient or client records, including clinical records, files, oral and written reports relating to diagnostic findings or treatment of licensees' patients or clients and oral and written information from which the identity of licensees' patients or clients or their families can be derived. III. Governing boards are authorized to conduct disciplinary proceedings in accordance with procedural rules adopted by the board of directors. IV. For the purpose of carrying out investigations and disciplinary proceedings, each governing board is authorized to: (a) Retain qualified experts who are not members of the governing board. (b) Retain legal counsel when authorized to do so by the attorney general. (c) Issue subpoenas for persons, relevant documents and relevant things in accordance with the following conditions: (1) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service. (2) Subpoenas for documents and things shall not require compliance in fewer than 15 days after receipt of service. (3) Service shall be made on licensees by certified mail to the address on file with the board or by hand and shall not entitle them to witness or mileage fees. (4) Service shall be made on persons who are not licensees in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated ""Fees Guaranteed by the New Hampshire Office of Allied Health Professionals.'' V. The governing board may dismiss allegations of misconduct if the investigation shows the allegations to be without basis in fact or law. VI. At any time before or during disciplinary proceedings, complaints and issues may be disposed of by written settlement agreement signed by the board and the licensees involved, provided that any complainant shall have the opportunity, before the settlement agreement has been executed, to comment on the terms of the proposed settlement. VII. Disciplinary proceedings shall be open to the public. Final board actions having the effect of terminating disciplinary proceedings, whether taken before, during or after the completion of the proceedings, shall be set forth in a written record which shall be available to the public after service upon the licensees involved. VIII. In carrying out disciplinary proceedings, each governing board shall have the authority to: (a) Hold pre-hearing conferences exempt from the provisions of RSA 91-A. (b) Appoint a board member or other qualified person as presiding officer. (c) Administer, and authorize an appointed presiding officer to administer, oaths and affirmations. (d) Dismiss the proceedings in a written order of dismissal on the basis of: (1) A finding that there are no significant allegations of misconduct or unauthorized practice. (2) A finding based on undisputed material facts that the licensees involved did not engage in misconduct or unauthorized practice. (3) A written settlement agreement signed by the board and the licensees involved. IX. The governing boards shall have no obligation or authority to appoint or pay the fees of attorneys representing licensees during investigations or disciplinary proceedings.
Source. 1997, 287:1; 287:63. 2003, 310:54, eff. July 1, 2003.
