Section Mhp 503.01 - Definitions(a) "Administrative Prosecutions Unit" (APU) means the administrative prosecutions unit of the Attorney General's office.(b) "Board investigator" means a person licensed by the board and appointed for overseeing the activities of the professional conduct investigators.(c) "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.(d) "Complaint" means a communication of alleged misconduct containing information as the board shall determine, if true, could violate ethical codes, administrative rules, or the law.(e) "Consent decree" means a final and binding order that is issued by agreement of all parties.(f) "Corrective action" means settlement agreements between the board and a licensee whereby the licensee agrees to make certain changes in his or her practice, to undertake clinical supervision, or to take some recommended program in exchange for the board's ultimate dismissal of the complaint.(g) "Data" means all information relevant to an investigation, including but not limited to: (1) Oral or written statements; (7) Audio or video recordings;(9) Computer printouts; or(10) All electronic communications and information.(h) "Disciplinary proceeding" means an adjudicative proceeding commenced by the board for the purpose of examining alleged misconduct by a licensee.(i) "Hearing counsel" means an individual appointed by the board to present licensee misconduct allegations and denials of applications for licensure to the board.(j) "Investigation" means a gathering of data by the board concerning matters within its jurisdiction.(k) "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 complaint or investigation.(l) "Mediation" means an informal, confidential process facilitated by a qualified neutral party, and intended to resolve conflicts by agreement.(m) "Order" means a document issued by the board:(1) Establishing procedures to be followed in an adjudicative or non-adjudicative 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.(n) "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.(o) "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.(p) "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.(q) "Report of investigation" (ROI) means report of information, facts, and data gathered for the board. (r) "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 503.01
Amended byVolume XXXV Number 10, Filed March 12, 2015, Proposed by #10790, Effective 2/24/2015, Expires2/24/2025.Amended by Volume XLI Number 45, Filed November 10, 2021, Proposed by #13052, Effective 10/19/2021, Expires 10/19/2031