N.H. Admin. Code § Psyc 204.03

Current through Register No. 50, December 12, 2024
Section Psyc 204.03 - Formal Investigation
(a) A formal investigation shall be commenced when the board determines that the allegations in its possession are sufficient, if shown to be true, to lead to the imposition of disciplinary action pursuant to RSA 329-B:21, and thus constitute a complaint.
(b) Each complaint shall be reduced to writing, made under penalty of unsworn falsification in accordance with RSA 641:3, and signed by a person who is:
(1) At least 18 years of age;
(2) Acting up on his or her own behalf as a complainant; or
(3) Acting as a person with legal responsibility to represent the interests of a complainant who is unable to represent himself or herself due to age or other legal disability.
(c) A signature on a complaint shall be deemed a certification that the person files the information with the board in good faith, and that the facts set forth in the document are true to the best of his or her information and belief.
(d) Investigations shall gather information through various techniques, including but not limited to:
(1) Requests for additional information from the complainant;
(2) Requests for a release of relevant records belonging to or under the control of the petitioner; and
(3) Face-to-face meetings with the licensee, potential witnesses and interested persons.
(e) Pursuant to RSA 329-B:22, I, information gathered during such investigations shall be exempt from the public disclosure provisions of RSA 91-A, provided that the board:
(1) Pursuant to RSA 329-B:22, shall disclose information acquired to law enforcement or health licensing agencies in this or any other jurisdiction, in response to specific statutory requirements or court orders; and
(2) Shall promptly inform the licensee of the nature and scope of any pending investigation.
(f) A formal investigation of a complaint shall be commenced by the issuance to the licensee of an order of investigation containing:
(1) The statutory or regulatory authority for the investigation;
(2) The identity of the licensee who is the subject of the investigation;
(3) The specific nature of the conduct being investigated;
(4) Any statutes or rules, including Psyc 501.01 through 501.03, alleged to have been violated;
(5) The time, place and manner in which the investigation is to be conducted, and whether the investigating officer shall provide a preliminary report to the board;
(6) Any special authority conferred upon the investigating officer, including the authority to issue subpoenas on behalf of the board to obtain information and data to prepare its ROI and prepare to prosecute the case;
(7) The name of the person or persons designated as investigating officer; and
(8) Any other provision relevant to the issues under investigation.
(g) The formal investigation shall be strictly limited to matters set forth in the order of investigation, provided that:
(1) Any party or the board's investigator may request a change to an order of investigation by filing a motion with the board setting forth specific facts in support of the request; and
(2) Unless assented to by all parties, the board shall conduct a hearing on the matter in accordance with Psyc 205.15.
(h)At the conclusion of an investigation, the professional conduct investigator, under the supervision of the board investigator as outlined in Psyc 204.05(b), shall provide a written ROI to the board.
(i) After receiving the ROI, the board shall request further investigation if it receives new material information, or upon determining that some aspect of the initial allegation was not thoroughly explored.
(j) The ROI shall be considered confidential, provided that the ROI shall be:
(1) Provided to the board;
(2) Considered public, subject to the confidentiality provisions of Psyc 204.04, if it is introduced as evidence in a disciplinary hearing;
(3) Provided to relevant law enforcement agencies when mandated by law or when the board suspects criminal activity has occurred;
(4) Provided to other licensing bodies from which the licensee holds or seeks to hold a professional license or registration, in response to a request from such bodies;
(5) Provided to board investigators and prosecutors;
(6) Provided to the licensee, in the form of a summary of the facts contained in the ROI, in contemplation of good faith settlement proceedings; and
(7) Provided to the corrective supervisor if corrective supervision is ordered by the board.

N.H. Admin. Code § Psyc 204.03

Derived From Volume XXXVI Number 49, Filed December 8, 2016, Proposed by 12035-A, Effective 11/4/2016.