Section 315:10 Investigations and Preliminary Hearings.
I. The board may investigate possible misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order setting forth the general scope of the investigation. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from the public disclosure provisions of RSA 91-A, unless such information subsequently becomes the subject of a public disciplinary hearing. However, the board may disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in accordance with specific statutory requirements or court orders.
II. The board may appoint legal counsel, podiatric advisors or other investigators to assist with any investigation and with adjudicatory hearings.
III. The form of an investigation is a matter within the discretion of the board. The board may conduct investigations on an ex parte basis.
IV. (a) The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents relative to formal investigations or adjudicatory hearings, except that subpoenas for medical records, as provided in paragraph V, may be issued at any time.
(b) The board may serve a subpoena on any licensee of the board by certified mail, but shall serve a subpoena on any other person in accordance with the procedures and the fee schedules as established by the superior court.
(c) Any person licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state related to appearance at a hearing or investigatory proceeding.
(d) Any subpoena issued by the board shall be annotated ""Fees Guaranteed by the New Hampshire Board of Medicine'' in order to be valid.
(e) A minimum of 48 hours' notice shall be given for compliance with a subpoena issued under this chapter.
V. The board may at any time subpoena podiatric records from its licensees and patient records from hospitals, pharmacies and other health care providers or facilities licensed by or certified in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the licensee's current license, and no witness or other fee shall be required. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter.
VI. On its own motion or in response to a complaint received by the board, the board may informally mail a copy of a complaint to any licensee who is the subject of the complaint and require the licensee to provide a detailed and good faith written response to the allegations identified by the board. The licensee shall provide complete copies of his office records concerning any patient identified in the complaint. The licensee shall respond to such request within a reasonable time period of not less than 15 days, as the board may specify in its written request.
VII. Any person may file a written complaint with the board which charges that a person licensed by the board has committed misconduct. The board may hold preliminary hearings to facilitate the informal disposition of complaints which, during the preliminary hearing, are found to be unwarranted or unjustified. The board shall follow the provisions of RSA 541-A:31, V in conducting such hearings. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues which the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement.
Source. 1919, 141:10. PL 208:10. RL 254:10. RSA 315:10. 1963, 259:1. 1969, 297:4. 1991, 382:10. 1994, 412:33. 1995, 286:26, eff. Jan. 1, 1996.