Section Mhp 202.01 - Definitions The following terms shall have the meaning indicated when used in this chapter:
(a) "Adjudicative proceeding" means 'adjudicative proceeding' as defined as in RSA 541-A:1(I).(b) "Administrative Prosecutions Unit (APU)" means the administrative prosecutions unit of the attorney general's office.(c) "Board investigator" means a board member who is responsible for overseeing the activities of the professional conduct investigators.(d) "Communication of alleged misconduct" means a written statement received by the board suggesting professional misconduct of a licensee under RSA 330-A:27, II or Mhp 500.(e) "Complaint" means a communication of alleged misconduct containing information that, as the board shall determine, if true, could violate ethical codes, administrative rules or the law.(f) "Consent decree" means a final and binding order that is issued by agreement of all parties.(g) "Corrective action" means a settlement agreement between the board and a licensee whereby the licensee agrees to make certain changes in his or her practice including but not limited to: (1) Remedial supervision;(2) Additional clinical education units;(3) License restrictions; and(4) Psychological evaluation.(h) "Data" means all information relevant to the investigation, included but not limited to: (1) Oral or written descriptions;(7) Audio or video recordings;(8) Computer programs; or(i) "Disciplinary proceeding" means an adjudicative proceeding commenced by the board for the purpose of examining a complaint against a licensee.(j) "File" means to place a document in the actual possession of the board.(k) "Hearing counsel" means an individual appointed by the board to prosecute licensee misconduct allegations and denials of applications for licensure to the board.(l) "Investigation" means a gathering of data by the board concerning matters within its jurisdiction.(m) "Letter of concern" means a written letter from the board drawing the licensee's attention to specific acts or omissions that could place the licensee at risk of future disciplinary action. A letter of concern is non-disciplinary and is sent to the licensee following a communication of alleged misconduct, complaint and/or investigation.(n) "Mediation" means an informal, confidential process facilitated by a qualified neutral party, and intended to resolve conflicts by agreement.(o) "Motion" means any request by a party to an existing proceeding for an order or relief relating to that proceeding.(p) "Order" means a document issued by the board: (1) Establishing procedures to be followed in an adjudicative or nonadjudicative proceeding;(2) Granting or denying a petition or motion;(3) Requiring a person to do, or to abstain from doing, something; or(4) Determining a person's rights to a license or other privilege established by RSA 330-A.(q) "Petition" means any request to the board seeking an order or any other action for relief, but does not include a license application or a motion.(r) "Presiding officer" means the board member or other individual to whom the board has delegated authority to preside over some or all aspects of an adjudicative or other proceeding.(s) "Professional Conduct Investigator (PCI)" means a trained licensed mental health practitioner who, as an agent of the board, under the guidance of the board investigator discovers facts and makes reports to the board.(t) "Report of Investigation" (ROI)" means report of information, facts and data gathered for the board.(u) "Rulemaking" means the statutory procedures for formulating agency rules set forth in RSA 541-A:3.(v) "Settlement agreement" means a written order of the board acknowledging consent of the licensee to enter stipulated facts and imposing disciplinary actions consented to by the licensee to resolve certain allegations of licensee misconduct.N.H. Admin. Code § Mhp 202.01
(See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99
New. #7624, eff 1-10-02, EXPIRED: 1-10-10
New. #9853-A, eff 1-25-11
Amended by Volume XXXV Number 01, Filed January 8, 2015, Proposed by #10745, Effective 12/16/2014.