Section 330-C:28 Investigations and Hearings.
I. The board may investigate possible misconduct by licensees and certificate holders and other matters within the scope of this chapter. Investigations may be conducted formally, after issuance of a board order setting forth the general scope of the investigation, or informally, without such an order. In either case, board investigations and the information gathered in such investigations shall be exempt from the public disclosure provisions of RSA 91-A, except to the extent such information may later become the subject of a public disciplinary hearing. The board may disclose information acquired in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders.
II. The board may retain legal counsel, expert witnesses, special advisors, or other qualified persons to assist with any investigation or adjudicative proceeding.
III. The form taken by an investigation is a matter reserved to 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, after consultation with an attorney employed by the state of New Hampshire, issue subpoenas for witnesses and for documents and things only in a formal investigation or an adjudicative hearing, except that subpoenas for medical records and pharmacy records, as provided in paragraph V, may be issued at any time.
(b) The board may serve a subpoena on any licensee or certificate holder of the board by certified mail, but shall serve a subpoena on any other person in accordance with the procedures and fee schedules required in 42 C.F.R. Part 2.
(c) Persons licensed or certified by the board shall not be entitled to a witness fee or mileage expenses for travel within the state, which are necessary to respond to a subpoena issued by the board.
(d) Any board-issued subpoena related to a board hearing or investigation shall be valid if annotated ""Fees Guaranteed by the New Hampshire Board of Licensing for Alcohol and Other Drug Use Professionals.''
(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 client records from its licensees or certificate holders, or other health care providers, or health care facilities licensed or certified in this state to the extent that the records sought are relevant to matters within the board's regulatory authority. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the respondent's current license or certificate, and shall require no witness or other fee. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this paragraph.
VI. Complaints of misconduct shall be in writing and shall be treated as petitions for the commencement of a disciplinary hearing. The board shall determine whether a complaint alleges misconduct sufficient to support disciplinary proceedings. If the board determines that it does, the board shall forward a copy of the complaint to the person complained against within 5 business days of its determination. If the board determines that it does not, the board shall send the complainant a written notice of dismissal of the complaint. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement, the board may settle the allegations against the licensee or certificate holder without the consent of a complainant, provided that material facts are not in dispute.
VII. At any time during an investigation of a complaint, and without issuing a subpoena, the board may mail a copy of a complaint to the person named in the complaint, and may require in a written request that the licensee or certificate holder and his or her employer provide detailed and good faith written responses to allegations identified by the board and also provide copies of all records concerning any client identified in the complaint. The licensee or certificate holder and others receiving inquiries from the board shall respond within a reasonable time period of not less than 15 days as the board may specify. This procedure may also be used in connection with matters the board has undertaken to investigate on its own motion.
Source. 2008, 189:1, eff. July 1, 2008.