Section 325:33 Investigatory Powers of the Board; Complaints.
I. The board may investigate possible misconduct by licensees, and applicants, and any other matters within the scope 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 information obtained by the board pursuant to such investigations, including complaints received under RSA 325:32, I(b), shall be privileged, confidential, and exempt from the public disclosure provisions of RSA 91-A, unless such information is subsequently included in the record in a public disciplinary hearing. The board may disclose information obtained in its investigations to law enforcement or health licensing agencies in this state or any other jurisdiction.
II. (a) The board may appoint technical advisors or other investigators to assist with any investigation or adjudication, and may, with the approval of the attorney general, appoint legal counsel for such purposes.
(b) To the extent the board lacks budgeted funds to conduct a significant investigation or adjudication, it may, with the approval of the attorney general, petition governor and counsel to receive funds not otherwise appropriated in order to retain professional advisors in the proceeding.
(c) If the governor and counsel approves the use of funds not otherwise appropriated, the governor is authorized to issue a warrant for the approved amount out of any moneys in the treasury not otherwise appropriated. The board shall then promptly increase its licensing fees to the extent necessary to repay the amount advanced to the general fund during the next fiscal year by means of a fee surcharge.
III. At the commencement of an adjudicatory proceeding, or at any time during a formal or informal investigation, and without issuing a subpoena, the board, or a person to whom the board has delegated appropriate authority, may mail a statement of the allegations being investigated to a licensee and order that person to provide a detailed and good faith written response to the allegations. In such circumstances, the board may also require a licensee to furnish complete copies of appropriate professional records concerning matters relevant to allegations at issue. In both instances, the licensee shall respond within a reasonable time period of not less than 15 days, as the board may specify in its written order.
Source. 1935, 95:1. RL 168:33. RSA 325:33. 1981, 487:22. 1996, 283:12, eff. Jan. 1, 1997.