Bill Text: NH HB1702 | 2012 | Regular Session | Introduced
Bill Title: Relative to materials collected during certain proceedings of the board of medicine.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2012-02-22 - House Inexpedient to Legislate: Motion Adopted Voice Vote; House Journal 20, PG.1205 [HB1702 Detail]
Download: New_Hampshire-2012-HB1702-Introduced.html
HB 1702-FN – AS INTRODUCED
2012 SESSION
01/10
HOUSE BILL 1702-FN
AN ACT relative to materials collected during certain proceedings of the board of medicine.
SPONSORS: Rep. B. Patten, Carr 4; Sen. Carson, Dist 14
COMMITTEE: Executive Departments and Administration
This bill requires the board of medicine to establish criteria relative to the destruction of materials collected during investigations of complaints and relative to certain disclosures. This bill grants the board rulemaking authority for the purposes of the bill.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2391
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to materials collected during certain proceedings of the board of medicine.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Board of Medicine; Disciplinary Action. Amend RSA 329:17, XIII to read as follows:
XIII. When an investigation of a complaint against a licensee is determined to be unfounded, the board shall dismiss the complaint and explain in writing to the complainant its reason for dismissing the complaint. The board may destroy all information collected during the course of the investigation after 3 years. The board shall establish criteria relative to the destruction of materials and shall adopt rules pursuant to RSA 541-A to implement the destruction. The board shall retain a record only noting that an investigation was conducted and that the board determined the complaint to be unfounded. For the purpose of this paragraph, a complaint shall be deemed to be unfounded if it does not fall within the jurisdiction of the board, does not relate to the actions of the licensee, or is determined by the board to be frivolous.
2 Board of Medicine; Investigations. Amend RSA 329:18, I to read as follows:
I. The board, through the medical review subcommittee, may investigate possible misconduct by licensees and applicants for licensure, as well as the unauthorized practice of medicine 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, including information provided to the board under RSA 329:17, I(b), III, IV, and V and RSA 329:18, V, 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. The board shall establish criteria relative to the disclosure of information and shall adopt rules pursuant to RSA 541-A to implement such disclosure.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2391
01/03/12
HB 1702-FN - FISCAL NOTE
AN ACT relative to materials collected during certain proceedings of the board of medicine.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2012 through 2016.
