I. Boards, which shall include all boards, councils, and commissions within the office of professional licensure and certification, may authorize an investigation of allegations of misconduct by licensees (a) upon their own initiative or (b) upon written complaint of any person that charges that a person licensed by the board has committed misconduct. When requested by the board, the office shall assign an investigator, who may assist in the investigation.
II. The procedures set forth in RSA 310-A:1-j through RSA 310-A:1-n are supplementary and shall not supplant or supersede any procedures expressly set forth in any board’s individual practice act.
III. The following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A:
(a) Complaints received by the office.
(b) Information and records acquired by the office during the investigation.
(c) Reports and records made by the office as a result of its investigation.
IV. For the purpose of carrying out investigations, the executive director is authorized to:
(a) Retain qualified experts.
(b) Conduct inspections of places of business of licensees or certificate holders.
(c) Retain legal counsel when authorized to do so by the attorney general.
(d) Issue subpoenas for persons, relevant documents and relevant things in accordance with the following conditions:
(1) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service.
(2) Subpoenas for documents and things shall not require compliance in fewer than 15 days after receipt of service.
(3) Service shall be made on licensees and certified individuals by certified mail to the address on file with the office or by hand and shall not entitle them to witness or mileage fees.
(4) Service shall be made on persons who are not licensees or certified individuals in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated "Fees Guaranteed by the New Hampshire Office of Professional Licensure and Certification."
V. The office or the boards, councils, and commissions within the office may disclose information acquired in an investigation to law enforcement, if it involves suspected criminal activity, to health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders.
VI. Allegations of professional misconduct shall be brought within 5 years from the time the office reasonably could have discovered the act, omission or failure complained of, except that conduct which resulted in a criminal conviction or in a disciplinary action by a relevant licensing authority in another jurisdiction may be considered by the board without time limitation in making licensing or disciplinary decisions if the conduct would otherwise be a ground for discipline. The board may also consider licensee conduct without time limitation when the ultimate issue before the board involves a pattern of conduct or the cumulative effect of conduct which becomes apparent as a result of conduct which has occurred within the 5-year limitation period prescribed by this paragraph.
VII. Each board, council, or commission may dismiss a complaint if the allegations do not state a claim of professional misconduct.
Source. 2021, 205:2, Pt. V, Sec. 3, eff. Jan. 1, 2022.