CHAPTER Mtec 100  ORGANIZATIONAL RULES

 

PART Mtec 101  DEFINITIONS

 

          Mtec 101.01  Terms Used.  The following terms shall have the meanings indicated:

 

          (a)  “Board” means the New Hampshire board of registration of medical technicians created under RSA 328-I;

 

          (b)  “Registrant” means a person who possesses a current registration pursuant to RSA 328-I:6;

 

Source.  #11091-A, eff 5-5-16

 

PART Mtec 102  DESCRIPTION OF AGENCY

 

          Mtec 102.01  Composition of the Board.  The board shall consist of 5 members appointed by the governor with the consent of the council pursuant to RSA 328-I: 2, as amended.

 

Source.  #11091-A, eff 5-5-16

 

          Mtec 102.02  Staff.  The board shall utilize the resources of the office of professional licensure and certification as necessary to conduct the board’s daily operations and to fulfill its statutory duties.

 

Source.  #11091-A, eff 5-5-16

 

          Mtec 102.03  Office Hours, Office Location, Mailing Address and Telephone.

 

(a)  The board’s office mailing address shall be:

 

State of NH Board of Registration of Medical Technicians

121 South Fruit Street

Concord, NH 03301

 

          (b)  The board’s office shall be open to the public Monday through Friday during normal business hours.

 

(c)  The board’s telephone number shall be (603) 271-8389.

 

(d)  The board’s facsimile number shall be (603) 271-6702.

 

          (e)  Electronic mail shall be directed to the board at:  www.nh.gov/medical-technicians.

 

Source.  #11091-A, eff 5-5-16

 

          Mtec 102.04  Meetings.

 

          (a)  The board shall meet at least annually in the month of September at its offices in Concord, N.H.

 

          (b)  Additional regular meetings will generally be called monthly. 

 

          (c)  The date, time, and place of any regular meeting shall be determined by:

 

(1)  The chairperson then serving; or

 

(2)  The majority vote of the board at a previous regular or special meeting.

 

          (d)  A special meeting shall be called by the chairperson upon receipt of a written request to call a meeting, signed by any 3 or more members of the board, and delivered to the chairperson at the offices of the board.

 

          (e)  Notice of any annual, regular, or special meeting shall be provided to the public as required by RSA 91-A:2.

 

          (f)  Notice of any annual, regular, or special meeting shall be provided to each member and acting member of the board in writing at an address the member shall provide to the board.

 

Source.  #11091-A, eff 5-5-16

 

          Mtec 102.05  Committees.

 

          (a)  Any committee or subcommittee appointed by the board to investigate and make recommendations on matters within the statutory authority of the board, shall consist of one or more members and shall be chaired by a member of the board.

 

          (b)  Committees shall make recommendations to the board, but shall not take final action on behalf of the board.

 

Source.  #11091-A, eff 5-5-16

 

PART Mtec 103  PUBLIC REQUESTS FOR INFORMATION

 

          Mtec 103.01  Record of Board Actions.  The board shall keep records of:

 

          (a)  Actions taken at all public and non-public board meetings in the form of written minutes pursuant to RSA 91-A:2;

 

          (b)  All applications for registration, together with the disposition of the application;

 

          (c)  All complaints filed against registrants, together with the disposition of the complaint;

 

          (d)  All rules adopted in accordance with RSA 541-A, as well as any petitions to adopt, amend or repeal a rule; and

 

          (e)  All other official actions of the board.

 

Source.  #11091-A, eff 5-5-16

 

          Mtec 103.02  Custodian of the Records.  The office of professional licensure and certification shall be the custodian of the board’s records at its offices, and shall respond to requests to examine any portion of the board’s records in accordance with the time limits set forth in RSA 91-A:4.

 

Source.  #11091-A, eff 5-5-16

 

          Mtec 103.03  Copies of Records.  Persons desiring copies of board records shall:

 

          (a)  Identify as particularly as possible the information being sought; and

 

          (b)  If seeking a copy of a board record subject to disclosure, agree to pay the actual cost of providing such copy, which shall be:

 

(1)  The amount of $.25 per page for a paper copy in the size of 8 ½ inches by 11 inches; or

 

(2)  The actual cost of the media and cost of reproduction for a record in any other format, which cost shall be disclosed prior to the creation of such copy.

 

Source.  #11091-A, eff 5-5-16

 

          Mtec 103.04  Records Not Subject to Disclosure.

 

          (a)  The board, and the office of professional licensure and certification shall deny requests to access the following board records:

 

(1)  Minutes of non-public sessions, only if sealed by vote of the board pursuant to RSA 91-A:3, III;

 

(2)  Governmental records exempt from disclosure under RSA 91-A:5;

 

(3)  The office records of any client or patient who receives services from a registrant.

 

          (b)  Notwithstanding the provisions of (a) above, the board and the office of professional licensure and certification shall disclose board records in accordance with the order of a court of competent jurisdiction.

 

Source.  #11091-A, eff 5-5-16

 

PART Mtec 104  INFORMATION SHARING

 

          Mtec 104.01  Information Sharing.

 

          (a)  Pursuant to RSA 328-I:11, I, information gathered during a board investigation shall not be subject to disclosure under the public disclosure provisions of RSA 91-A, unless:

 

(1)  The information becomes the subject of a public disciplinary hearing;

 

(2)  The information is requested by a law enforcement agency in this state, another state or province;

 

(3)  The information is requested by a federal law enforcement agency or the Office of Inspector General, United States Department of Health and Human Services;

 

(4)  Disclosure is permitted by a specific New Hampshire statutory provision; or

 

(5)  Disclosure, partial disclosure, or disclosure in accordance with a protective order is ordered by a court of competent jurisdiction.

 

          (b)  Pursuant to RSA 328-I:3, VII, the contents of the database of registered medical technicians shall be shared with:

 

(1)  Other licensing boards or advisory committees within this state;

 

(2)  Licensing boards or advisory committees outside of this state with jurisdiction over medical technicians;

 

(3)  The Office of Inspector General, United States Department of Health and Human Services; or

 

(4)  Law enforcement entities in this state, other states, or of the United States.

 

Source.  #11091-A, eff 5-5-16 


 

 

APPENDIX

 

Rule

Statute

 

 

Mtec 101

RSA 328-I:1 and RSA 541-A:16, I(a)

Mtec 102

RSA 541-A:7 and RSA 541-A:16, I(a)

Mtec 103

RSA 328-I and RSA 541-A:16, I(a)