N.H. Admin. Code § Mhp 503.04

Current through Register No. 36, September 5, 2024

Section Mhp 503.04 - Misconduct Investigations

(a) The type, form, and extent of an investigation shall be determined by the board as described in Mhp 207.

(b) Investigations, including those initiated because of a communication of alleged misconduct shall be conducted on an ex parte basis.

(c) If, in the course of an investigation, a professional conduct investigator receives data which leads him or her to believe that an additional violation of any statute administered by the board, or of any rule of the board has occurred, the investigator shall request additional instruction from the board as to whether to expand the scope of the investigation.

(d) At the conclusion of any investigation, the professional conduct investigator shall make a written report to the board. The report may contain information from which the board shall determine whether or not further action appears to be warranted.

(e) A report of investigation and all information gathered by the professional conduct investigator shall be confidential except that:

(1) The report of investigation shall be given to the board;

(2) Information gathered in an investigation shall become subject to public disclosure if it is introduced as evidence in a disciplinary hearing;

(3) The board shall provide the report of investigation or that portion of information gathered during an investigation and relevant to criminal activity to law enforcement agencies when mandated by law or it appears that criminal laws might have been violated; and.

(4) The board shall provide information gathered in misconduct investigations to:

a. Board investigators or prosecutors; and

b. Licensee, a summary of the facts contained in the report of investigation (ROI) in contemplation of good faith settlement proceedings.

(f) The board shall request further investigation upon receiving new material information or upon a determination that some aspect of the initial allegation was not thoroughly explored.

N.H. Admin. Code § Mhp 503.04

#9854, eff 1-25-11 (formerly Mhp 210.04 )

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