Section Med 412.03 - Terms of Voluntary Surrender(a) A licensee who wishes to surrender his or her license as part of a settlement of a misconduct allegation, or allegations, shall reach a written settlement agreement with hearing counsel, who, in turn, shall offer it to the board.(b) Any license surrender offered to the board under (a), above, that occurs after information is provided to the board under RSA 329:17, I, II, III, IV, or V, shall include the following information: (1) That the board has commenced an investigation against the licensee pursuant to RSA 329:18;(2) That the license surrender has occurred in settlement of pending allegations;(3) Whether the board has issued a notice of hearing;(4) That the license surrender shall be reported as discipline;(5) A general statement of the allegations by hearing counsel;(6) A statement that the disposition of the disciplinary allegations shall be resolved before any future application is submitted by the licensee in New Hampshire; and(7) A waiver by the licensee that any issues of speedy hearing or spoliation of the evidence shall be waived should the licensee later apply for a license from the board.(c) The board shall decline to accept a license surrender under (a), above, if the board determines the licensee has declined to disclose material information concerning the alleged misconduct.(d) 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 RSA 91-A.(e) 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; orc. 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.(f) When considering whether to accept a license surrender under (a), above, the board shall consider a written representation by the licensee that he or she will not again seek licensure in New Hampshire.(g) License surrender under (a), above, shall constitute disciplinary action. The fact of license surrender and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies in the same manner as a final decision containing a specific finding of professional misconduct.(h) License surrender under (a), above, shall not apply to non-disciplinary remedial proceedings or allegations against any person licensed by the board alleging only an affliction of a physical or mental disability, disease, disorder, or condition deemed dangerous to the public health.N.H. Admin. Code § Med 412.03
(See Revision Note #1 at chapter heading for Med 500) #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 400); ss by #10097, eff 3-9-12
Amended by Volume XLII Number 49, Filed December 8, 2022, Proposed by #13482, Effective 11/19/2022, Expires 11/19/2032