Section Nur 211.03 - Investigations(a) The board shall conduct such investigations as are necessary to examine acts of possible misconduct that come to its attention through complaints or other means.(b) The board shall issue subpoenas in investigations whenever it determines that it needs access to documents, persons, or things that would not otherwise be made available to it in the absence of a subpoena.(c) The board shall conduct an investigation of any person licensed by the board who has been the subject of 3 different medical injury actions reported under RSA 326-B:37.(d) The board shall appoint a member of its staff, or one or more of its members, or other knowledgeable person to conduct the investigation. Each board member who participates in an investigation shall not participate in any further actions of the board concerning the subject matter of that investigation.(e) The type, form and extent of an investigation shall be determined pursuant to the following:(1) The statutory or regulatory authority for the investigation;(2) Any statutes or rules believed to have been, or about to be, violated;](3) The identity of the persons, or class of persons, that are subject of the investigation;(4) The general nature of the conduct being investigated;(5) The date upon which the investigating officer shall report his or her findings and recommendations to the board;(6) Any special authority conferred upon the investigating officer.(f) Investigations shall not commence a disciplinary hearing and shall not constitute an allegation of misconduct against a licensee.(g) When an investigation occurs, an investigator designated by the board shall contact such persons and examine such records and other documents as are reasonably necessary to make a recommendation to the board as to whether there is reasonable basis to conduct disciplinary proceedings.(h) Investigations, including those based upon allegations in a complaint, shall be conducted on an ex parte basis.(i) Following the investigation, the investigator shall make a recommendation as to whether there is reasonable basis to conduct disciplinary proceedings.(j) Investigatory reports and all information gathered by an investigator shall be confidential, provided that: (1) The investigator's report shall be made available to the parties in any adjudicatory proceeding resulting therefrom; and(2) The board shall provide information gathered in disciplinary investigations to: a. Law enforcement agencies;b. Health licensing boards or agencies, including those in other jurisdictions;c. Board investigators or prosecutors;d. Expert witnesses or assistants retained by board prosecutor or investigators in the same or related disciplinary matters; ore. Persons to whom the licensee has given a release.(k) Information gathered during investigations shall not be released to the public until an evidentiary hearing is held or a final settlement or other disposition of such a proceeding is reached.N.H. Admin. Code § Nur 211.03
(See Revision Note at chapter heading for Nur 100) #5887, eff 8-26-94; ss by #6778, eff 6-26-98; ss by #8664, INTERIM, eff 6-24-06, EXPIRED: 12-21-06
New.#8779, eff 12-23-06; ss by #10297, eff 3-22-13