Current through Register No. 50, December 12, 2024
Section Psyc 204.02 - Informal Resolution(a) The board shall dismiss an allegation when the undisputed facts received from the complainant do not warrant disciplinary action against a licensee because: (1) The board lacks jurisdiction over the subject matter of the alleged facts;(2) The facts, taken in a light most favorable to the complainant, do not allege a violation of RSA 329-B or the standards contained in Psyc 501.01 through Psyc 503.01; or(3) So much time has passed since the conduct complained of that disciplinary action is time barred as a civil matter by RSA 508 or as a criminal matter by RSA 625:8.(b) Allegations that are dismissed shall be considered confidential and shall not be released to the public, pursuant to Psyc 103.04(a)(3).(c) Allegations and complaints that are dismissed or settled informally shall not be reportable by the licensee for any purpose for any credential, or for insurance or any other business or professional purpose.(d) The board shall settle an allegation or complaint informally by taking confidential nondisciplinary action, provided that:(1) The action complies with RSA 329-B:21, IV or RSA 329-B:22, IX;(2) The licensee has been fully informed of all relevant facts in the possession of the board, including a summary of investigation that has been prepared, and consents to the action; and (3) The individual alleging misconduct is given an opportunity to comment upon the terms of the proposed settlement.N.H. Admin. Code § Psyc 204.02
Derived From Volume XXXVI Number 49, Filed December 8, 2016, Proposed by 12035-A, Effective 11/4/2016.Amended by Volume XL Number 37, Filed September 10, 2020, Proposed by #13089-A, Effective 8/8/2020.