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2017 New Hampshire Revised Statutes
Title XXX - OCCUPATIONS AND PROFESSIONS
Chapter 317-A - DENTISTS AND DENTISTRY
Section 317-A:18 - Investigatory Powers of the Board; Complaints.
Universal Citation: NH Rev Stat § 317-A:18 (2017)
317-A:18 Investigatory Powers of the Board; Complaints. –
I. The board may investigate possible misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order setting forth the general scope of the investigation, and with or without prior notification to the licensee. An investigation may include unannounced inspections of the licensee's practice location when deemed necessary to determine day-to-day practices or to prevent evidence from being hidden, altered, or destroyed. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from the public disclosure provisions of RSA 91-A, unless such information subsequently becomes the subject of a public disciplinary hearing. However, the board may disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in accordance with specific statutory requirements or court orders.
II. The board may retain legal counsel, dental advisors or other investigators through the office of professional licensure and certification to assist with any investigation and with adjudicatory hearings.
III. The board may commence a formal or informal investigation, or an adjudicative hearing, concerning allegations of misconduct and other matters within the scope of this chapter on its own motion whenever it has a reasonable basis for doing so, and the type of procedure chosen shall be a matter reserved to the discretion of the board. Investigations may be conducted on an ex parte basis.
IV. (a) The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing. The board may also subpoena patient records, as provided in paragraph V, during formal investigations.
(b) The board shall serve any subpoena not covered by paragraph V in accordance with the procedures and fee schedules established by the superior court, except that:
(1) Any person licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state.
(2) The board shall not be required to tender witness fees and mileage expenses in advance if the subpoena is annotated "fees guaranteed by the New Hampshire board of dental examiners.''
(3) The respondent shall be allowed at least 48 hours to comply with a subpoena issued under this chapter.
V. The board may at any time subpoena dental records from its licensees and patient records from hospitals, pharmacies, and other health care providers or facilities licensed by or certified in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the licensee's current license, and no witness or other fee shall be required. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter.
VI. All licensees and any persons applying for licensure or any other privilege granted by the board shall have the duty to keep the board informed of their current business and residence addresses. Notice of any hearing or other action taken under this chapter shall be deemed adequate if notice is mailed to the most recent home or business address furnished to the board by the licensee, pursuant to RSA 317-A:13, III.
VII. Any complaint of licensee misconduct shall be in writing and shall be treated as a petition for the commencement of an adjudicatory hearing. The board shall fairly investigate all complaints to the extent and in the manner warranted by the allegations. Any complaint which fails to state a cause of action may be summarily denied in whole or in part. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues which the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement.
VIII. At the commencement of an adjudicatory proceeding, or at any time during a formal or informal investigation, and without issuing a subpoena, the board may mail a statement of the issues being investigated or heard to any licensee or other person who is a proper subject of inquiry and require the licensee or other person to provide a detailed and good faith written response to the allegations identified by the board. The licensee or other person shall provide complete copies of office records concerning any patient whose treatment is relevant to the matters at issue. The licensee shall respond to such request within a reasonable time period of not less than 15 days, as the board may specify in its written request.
I. The board may investigate possible misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order setting forth the general scope of the investigation, and with or without prior notification to the licensee. An investigation may include unannounced inspections of the licensee's practice location when deemed necessary to determine day-to-day practices or to prevent evidence from being hidden, altered, or destroyed. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from the public disclosure provisions of RSA 91-A, unless such information subsequently becomes the subject of a public disciplinary hearing. However, the board may disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in accordance with specific statutory requirements or court orders.
II. The board may retain legal counsel, dental advisors or other investigators through the office of professional licensure and certification to assist with any investigation and with adjudicatory hearings.
III. The board may commence a formal or informal investigation, or an adjudicative hearing, concerning allegations of misconduct and other matters within the scope of this chapter on its own motion whenever it has a reasonable basis for doing so, and the type of procedure chosen shall be a matter reserved to the discretion of the board. Investigations may be conducted on an ex parte basis.
IV. (a) The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing. The board may also subpoena patient records, as provided in paragraph V, during formal investigations.
(b) The board shall serve any subpoena not covered by paragraph V in accordance with the procedures and fee schedules established by the superior court, except that:
(1) Any person licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state.
(2) The board shall not be required to tender witness fees and mileage expenses in advance if the subpoena is annotated "fees guaranteed by the New Hampshire board of dental examiners.''
(3) The respondent shall be allowed at least 48 hours to comply with a subpoena issued under this chapter.
V. The board may at any time subpoena dental records from its licensees and patient records from hospitals, pharmacies, and other health care providers or facilities licensed by or certified in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the licensee's current license, and no witness or other fee shall be required. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter.
VI. All licensees and any persons applying for licensure or any other privilege granted by the board shall have the duty to keep the board informed of their current business and residence addresses. Notice of any hearing or other action taken under this chapter shall be deemed adequate if notice is mailed to the most recent home or business address furnished to the board by the licensee, pursuant to RSA 317-A:13, III.
VII. Any complaint of licensee misconduct shall be in writing and shall be treated as a petition for the commencement of an adjudicatory hearing. The board shall fairly investigate all complaints to the extent and in the manner warranted by the allegations. Any complaint which fails to state a cause of action may be summarily denied in whole or in part. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues which the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement.
VIII. At the commencement of an adjudicatory proceeding, or at any time during a formal or informal investigation, and without issuing a subpoena, the board may mail a statement of the issues being investigated or heard to any licensee or other person who is a proper subject of inquiry and require the licensee or other person to provide a detailed and good faith written response to the allegations identified by the board. The licensee or other person shall provide complete copies of office records concerning any patient whose treatment is relevant to the matters at issue. The licensee shall respond to such request within a reasonable time period of not less than 15 days, as the board may specify in its written request.
Source. Source. 1971, 364:1. 1981, 482:9. 1992, 2:6. 2000, 5:19. 2001, 178:3, eff. Sept. 3, 2001. 2015, 276:79, eff. July 1, 2015.
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