Section 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; 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.(i) Accepted settlement agreements shall constitute disciplinary action. Distribution shall be in accordance with Med 408.03(d).N.H. Admin. Code § Med 413.02
#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