Section Opt 501.03 - Misconduct Investigations(a) The board shall conduct such investigations as it deems necessary to investigate allegations of misconduct which come to its attention through complaints or other means. Informal investigations undertaken in accordance with the criteria set out in Opt 212.01 shall be conducted at any time and without prior order of the board. The board shall convert an informal investigation to a formal investigation at any time for the purposes set forth in Opt 212.02 and according to the procedures in Opt 212.02(b).(b) The board shall use the criteria set forth in Opt 212.02 in determining whether an investigation shall be informal or formal.(c) When a misconduct investigation occurs, an investigator designated by the board shall contact such persons and examine such health care records and other documents as are necessary to make a recommendation as to whether further board action should be taken on the allegations in question.(d) Investigations, including those based upon allegations in a complaint, or required by RSA 327:20 shall be conducted by a member of the board who shall recuse himself from the adjudicatory hearing.(e) In formal misconduct investigations the investigator shall make a written report and recommendation to the board as to whether there is a reasonable basis to conduct further disciplinary proceedings. The board shall follow the procedural requirement of Opt 208.02 in the event it determines to commence a disciplinary hearing with respect to any investigation or allegation of misconduct.(f) During an investigation, no disclosure of information gathered shall be made if such disclosure would impair the investigation.(g) After an investigation is concluded, information gathered during the investigation shall be disclosed, upon request, except to the extent exempted by RSA 91-A:5.(h) Not withstanding (g) above, information otherwise exempt under RSA 91-A:5 shall be disclosed pursuant to written authorization from the person whose interests are protected by RSA 91-A:5.N.H. Admin. Code § Opt 501.03
(See Revision Note at part heading for Opt 100) #5839, eff 6-17-94, EXPIRED: 6-17-00
New. #7370, INTERIM, eff 9-30-00, EXPIRED: 3-29-01
New. #7670, eff 4-4-02; amd by #7889, eff 5-20-03, EXPIRED: 5-20-11
New. #10243, eff 12-18-12
Amended by Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12383, Effective 9/16/2017, Expires 9/16/2027.