TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 329
PHYSICIANS AND SURGEONS

Disciplinary Proceedings

Section 329:18-a

    329:18-a Hearings. –
I. Allegations of misconduct or lack of professional qualifications which are not settled informally shall be heard by the board or a panel of the board, with a minimum of 3 members appointed by the president of the board. The panel for a hearing on a physician-licensee shall consist of a minimum of 2 physicians and one public member. The panel for a hearing on a physician assistant-licensee shall consist of a minimum of one physician, one physician assistant, and one public member. Such hearing shall be an open public hearing. Any member of the board, or other person qualified to act as a hearing officer and duly designated by the board, shall have the authority to preside at such a hearing and to issue oaths or affirmations to witnesses.
II. The board shall furnish the respondent and the complainant, if any, at least 15 days' written notice of the date, time and place of a hearing, except as otherwise provided in this chapter. Such notice shall include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written complaint or upon the board's own motion, or both. If a written complaint is involved, the notice shall provide the complainant with a reasonable opportunity to intervene as a party.
III. The board may at any time dispose of allegations in a complaint, investigation, or disciplinary hearing by settlement, default, or consent order, by issuing an order of dismissal for failing to state a proper basis for adverse action or by summary judgment order based upon undisputed material facts. The board shall have discretion to decline or defer prosecution of a complaint which, after appropriate investigation, does not contain allegations of a substantial nature, and may reexamine the allegations in the complaint at any time within the limitations period of RSA 329:17, XII. In disciplinary and licensing proceedings, the board may hold prehearing conferences which shall be exempt from the provisions of RSA 91-A, but all final disciplinary actions, including those which occur without holding a public hearing, shall be publicly released at the time they are served upon the parties.
IV. Final disciplinary actions and final actions in other adjudicatory proceedings shall be reduced to writing and served upon the parties. Such decisions shall not be public until they are served upon the parties.
IV-a. All proceedings for non-disciplinary remedial action shall be exempt from the provisions of RSA 91-A, except that the board may disclose any final remedial action that affects the status of a license, including any non-disciplinary restrictions imposed.
V. The board shall have no obligation or authority to appoint or provide an attorney to any person appearing at a board hearing or investigation.

Source. 1992, 179:11. 1993, 179:12, 13. 2005, 154:9. 2009, 206:16, eff. July 1, 2009.