N.H. Admin. Code § Med 413.02 - Reviewing a Settlement Agreement
(a)
Hearing counsel may present a proposed settlement agreement to the board by petition, as outlined in Med 205.03(l), at any time until the board
issues a final order in accordance with Med 208.01(a).
(b) Upon receipt of a signed, negotiated proposed
settlement agreement, the board shall place the matter on its agenda for its next regularly scheduled board meeting.
(c) Board members shall review the proposed settlement agreement in conjunction with completed ROIs on the
matter.
(d) After deliberation, the board shall:
(1) Accept the proposed
settlement agreement;
(2) Reject the proposed settlement agreement as too lenient;
(3) Reject the proposed settlement agreement as too stringent; or
(4)
Reject the proposed settlement agreement and provide hearing counsel with general provisions of guidance. However, the board shall not engage in
settlement negotiations with the parties.
(e) The board shall consider the factors listed in
Med 408.03(c) when making a
determination under (d) above.
(f) The board shall decline to accept a settlement agreement under (d)
above, if the board determines the licensee has declined to disclose material information concerning the alleged misconduct.
(g) The statement of allegations by hearing counsel concerning the alleged misconduct under
Med 412.03(b)(5) shall be exempt from
public disclosure provisions of RSA 91-A if provided on a separate document and if subject to a recognized exception of the right to know
law.
(h) The board shall not disclose information acquired in an investigation except:
(1) With the permission of the licensee and if such disclosure would include patient information, with the
permission of such patients;
(2) To law enforcement:
a. When
specifically required by statute;
b. If the information relates to a potential violation of a criminal
law; or
c. In response to a subpoena or other court order; or
(3) To health licensing agencies in this state or any other jurisdiction when the licensee holds, has held, or has
applied for a license with that agency.
(i) Accepted settlement agreements shall constitute
disciplinary action. Distribution shall be in accordance with Med
408.03(d).
Notes
#9900, eff 4-12-11 (see Revision Note at chapter heading for Med 400); ss by #10097, eff 3-9-12
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