Section 332-B:15 Investigations.
I. The board may investigate possible misconduct by licensees, permittees, certificate holders, and applicants, and other matters included in 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 is subsequently included in the record in a public disciplinary hearing. The board may, however, disclose information obtained in its investigations 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 commence a formal or informal investigation, or an adjudicative hearing, concerning allegations of misconduct and other matters within the scope of this chapter on its own motion whenever it has a reasonable basis for doing so, and the type of procedure chosen shall be a matter reserved to the discretion of the board. Formal or informal investigations may be conducted on an ex parte basis.
III. The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing, and as provided by paragraph IV of this section. Subpoenas not covered by paragraph IV shall be served in accordance with the procedures and fee schedules established by the superior court, except that:
(a) Board licensees shall not be entitled to a witness fee or mileage expenses for travel within the state.
(b) Witness fees and mileage expenses need not be tendered in advance if the subpoena is annotated: ""Fees Guaranteed by the N.H. Veterinary Board.''
(c) The respondent shall be allowed at least 48 hours to comply.
IV. The board may at any time subpoena the professional records of its licensees and relevant veterinary and billing records from pharmacies and drug suppliers, laboratories, veterinary suppliers, and veterinary insurers doing business with veterinary licensees in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address provided to the board pursuant to RSA 332-B:15, V, and no witness or other fee shall be necessary for valid service. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter.
V. Persons holding or applying for licenses or permits granted by the board shall keep the board informed of their current business and residence addresses, and shall furnish written notice to the board of any change in such addresses within 30 days from the date the change occurs. A licensee or applicant shall receive adequate notice of any hearing or other action taken by the board under this chapter if notice is mailed in a timely fashion to the most recent home or business address furnished under this paragraph.
VI. (a) Complaints of licensee misconduct shall be in writing, and shall be treated as requests for the commencement of a disciplinary hearing to which the time limitations of RSA 541-A:29 shall not apply.
(b) A complaint which fails to state a cause of action may be dismissed or summarily denied in whole or in part.
(c) The board shall fairly investigate all complaints to the extent warranted by the allegations and the resources available to the board. Following an investigation, the board shall have discretion to decline to prosecute or to defer prosecution on allegations made in any complaint based upon the board's assessment of the seriousness of the alleged misconduct and the resources and priorities of the board. Board decisions deferring misconduct prosecutions shall be final and shall not be subject to judicial review.
(d) 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.
(e) The board may at any time settle misconduct allegations made in a complaint without the consent of the complainant, provided the complainant is given an opportunity to comment in writing upon the terms of the proposed settlement.
VII. 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 thereto. 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 and provide access for inspection of clinic or hospital premises. 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 request.
Source. 1971, 328:1. 1981, 490:10. 1999, 314:25, eff. Jan. 1, 2000.