Section Acp 204.03 - Investigations(a) The board shall conduct such investigations as it deems necessary to examine acts of possible misconduct that come to its attention through complaints or other means.(b) Investigations shall not commence a disciplinary hearing and shall not constitute an allegation of misconduct against a licensee.(c) 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 as to whether further board action should be taken on the allegations in question.(d) Investigations, including those based upon allegations in a complaint shall be conducted on an ex parte basis.(e) Following the investigation, the investigator shall make a written report and recommendation to the board as to whether there is reasonable basis to conclude that the complaint concerns facts that constitute misconduct.(f) Investigatory reports and all information gathered by an investigator shall be public unless confidential as established by law and provided as follows:(1) The investigator's report shall be made available to the parties and intervenors in any adjudicatory proceeding resulting therefrom; and(2) The board shall provide the nonconfidential information gathered in disciplinary investigations to: a. Law enforcement agencies;b. Boards or agencies relating to the practice of health care 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.N.H. Admin. Code § Acp 204.03
#7081, eff 8-26-99; ss by #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRES: 3-20-12
New. #10157, eff 6/27/2012.