N.H. Admin. Code § Hcp 206.04

Current through Register No. 50, December 12, 2024
Section Hcp 206.04 - Access to Information Obtained in Misconduct Investigations
(a) Board investigations and all information obtained by the board as part of a misconduct investigation shall be exempt from public disclosure requirements of RSA 91-A pursuant to RSA 137-F:21, II, unless such information subsequently becomes the subject of a public disciplinary hearing.
(b) Notwithstanding (a) above, and pursuant to RSA 137-F:21, II, reports and information obtained in a misconduct investigation shall be made available under the following circumstances and to the following persons:
(1) If it is sought by parties to any adjudicative proceeding resulting therefrom;
(2) If it is introduced as evidence in a disciplinary hearing; and
(3) If it is requested by:
a. Law enforcement agencies;
b. Certifying agencies of other jurisdictions;
c. Board investigators or prosecutors;
d. Expert witnesses or assistants retained by board prosecutors or investigators in the same or related disciplinary matters; or
e. A licensee or registrant, complainant, or other witness, when such disclosure would assist the board in investigating that allegation.

N.H. Admin. Code § Hcp 206.04

#6935, eff 1-29-99, EXPIRED: 1-29-07

New. #9338, eff 12-3-08

Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12111, Effective 2/21/2017.