There is a newer version
of
this Section
2019 New Hampshire Revised Statutes
Title XXX - Occupations and Professions
Chapter 328-F - Allied Health Professionals
Section 328-F:24 - Investigations and Disciplinary Proceedings.
Universal Citation: NH Rev Stat § 328-F:24 (2019)
328-F:24 Investigations and Disciplinary Proceedings. –
I. Governing boards may investigate allegations of misconduct by licensees and certified individuals, 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 disclosed to law enforcement or health licensing agencies in this state or any other jurisdiction or in accordance with specific statutory requirements or court orders, 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 patients or clients of licensees and certified individuals and oral and written information from which the identity of such 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 through the office of professional licensure and certification.
(b) Retain legal counsel when authorized to do so by the attorney general through the office of professional licensure and certification.
(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 and certified individuals 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 or certified individuals 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 or certified individuals 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 or certified individuals 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 or certified individuals involved did not engage in misconduct or unauthorized practice.
(3) A written settlement agreement signed by the board and the licensees or certified individuals involved.
IX. The governing boards shall have no obligation or authority to appoint or pay the fees of attorneys representing licensees or certified individuals during investigations or disciplinary proceedings.
I. Governing boards may investigate allegations of misconduct by licensees and certified individuals, 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 disclosed to law enforcement or health licensing agencies in this state or any other jurisdiction or in accordance with specific statutory requirements or court orders, 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 patients or clients of licensees and certified individuals and oral and written information from which the identity of such 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 through the office of professional licensure and certification.
(b) Retain legal counsel when authorized to do so by the attorney general through the office of professional licensure and certification.
(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 and certified individuals 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 or certified individuals 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 or certified individuals 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 or certified individuals 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 or certified individuals involved did not engage in misconduct or unauthorized practice.
(3) A written settlement agreement signed by the board and the licensees or certified individuals involved.
IX. The governing boards shall have no obligation or authority to appoint or pay the fees of attorneys representing licensees or certified individuals during investigations or disciplinary proceedings.
Source. 1997, 287:1; 287:63. 2003, 310:54. 2012, 33:2. 2015, 276:68, eff. July 1, 2015. 2018, 87:9, eff. July 24, 2018.
Disclaimer: These codes may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
