N.H. Admin. Code § Opt 501.03 - Misconduct Investigations
(a) The board
shall conduct such investigations as it deems necessary to investigate
allegations of misconduct which come to its attention through complaints or
other means. Informal investigations undertaken in accordance with the criteria
set out in
Opt
212.01 shall be conducted at any time and without
prior order of the board. The board shall convert an informal investigation to
a formal investigation at any time for the purposes set forth in
Opt 212.02
and according to the procedures in
Opt
212.02(b).
(b) The board shall use the criteria set
forth in
Opt 212.02
in determining whether an investigation shall be informal or formal.
(c) When a misconduct investigation occurs,
an investigator designated by the board shall contact such persons and examine
such health care records and other documents as are necessary to make a
recommendation as to whether further board action should be taken on the
allegations in question.
(d)
Investigations, including those based upon allegations in a complaint, or
required by
RSA 327:20
shall be conducted by a member of the board who shall recuse himself from the
adjudicatory hearing.
(e) In formal
misconduct investigations the investigator shall make a written report and
recommendation to the board as to whether there is a reasonable basis to
conduct further disciplinary proceedings. The board shall follow the procedural
requirement of
Opt 208.02 in the
event it determines to commence a disciplinary hearing with respect to any
investigation or allegation of misconduct.
(f) During an investigation, no disclosure of
information gathered shall be made if such disclosure would impair the
investigation.
(g) After an
investigation is concluded, information gathered during the investigation shall
be disclosed, upon request, except to the extent exempted by
RSA 91-A:5.
(h) Not withstanding (g) above, information
otherwise exempt under
RSA 91-A:5 shall be
disclosed pursuant to written authorization from the person whose interests are
protected by
RSA 91-A:5.
Notes
(See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
New. #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
New. #7670, eff 4-4-02; amd by #7889, eff 5-20-03, EXPIRED: 5-20-11
New. #10243, eff 12-18-12
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