HB 465-FN – FINAL VERSION
HOUSE BILL 465-FN
This bill establishes the authority for the board of medicine to investigate and take non-disciplinary remedial action against licensees afflicted with physical and mental disabilities, diseases, disorders, or conditions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT authorizing the board of medicine to take non-disciplinary remedial action against physicians.
Be it Enacted by the Senate and House of Representatives in General Court convened:
154:1 Actions on License Applications; Non-Disciplinary Actions. Amend RSA 329:14, III to read as follows:
III. The board shall grant an unrestricted permanent license to persons it finds to have the necessary professional qualifications. The board may also, by consent or after notice and the opportunity to be heard, resolve issues concerning professional qualifications or circumstances that would be grounds for non-disciplinary remedial action against a licensed physician by granting a temporary license, or a temporary or permanent license with restrictions.
154:2 Physicians and Surgeons; Remedial Proceedings. Amend the section heading of RSA 329:17 to read as follows:
329:17 Disciplinary Action; Remedial Proceedings.
154:3 New Paragraph; Remedial Proceedings. Amend RSA 329:17 by inserting after paragraph I the following new paragraph:
I-a. The board may undertake non-disciplinary remedial proceedings (a) upon its own initiative or (b) upon written complaint of any person which charges that a person licensed by the board is afflicted with a condition as set forth in paragraph VI-a of this section and which specifies the grounds therefor.
154:4 Hospital Notification. Amend RSA 329:17, V-b to read as follows:
V-b. When a threat to public health, safety, or welfare exists, the board of medicine shall notify the hospital chief executive officer of any pending disciplinary proceedings or non-disciplinary remedial proceedings for referral to the hospital’s credentials and quality assurance committees or their equivalent. The hospital’s committees shall report back to the board of medicine with a progress or final report within 45 days.
154:5 Disciplinary Actions. Amend RSA 329:17, VI(b) to read as follows:
(b) Is a habitual user of drugs or intoxicants [
or is afflicted with physical disability, insanity, psychiatric disorders, or other disease deemed dangerous to the public health].
154:6 New Paragraph; Non-Disciplinary Action. Amend RSA 329:17 by inserting after paragraph VI the following new paragraph:
VI-a. The board may take non-disciplinary remedial action against any person licensed by it upon finding that the person is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Upon making an affirmative finding, the board, may take non-disciplinary remedial action:
(a) By suspension, limitation, or restriction of a license for a period of time as determined reasonable by the board.
(b) By revocation of license.
(c) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the board.
(d) By requiring the person to practice under the direction of a physician in a public institution, public or private health care program, or private practice for a period of time specified by the board.
154:7 Appeals. Amend RSA 329:17, VIII to read as follows:
VIII. Disciplinary or non-disciplinary remedial action taken by the board under this section may be appealed to the supreme court under RSA 541. However, no sanction or restriction imposed by the board shall be stayed during appeal.
154:8 Investigations; Remedial Proceedings Added. Amend RSA 329:18, VII and VIII to read as follows:
VII. The board may at any time require a licensee or license applicant to provide a detailed, good faith written response to allegations of possible professional misconduct or grounds for non-disciplinary remedial action being investigated by the board. The board may also require the licensee or applicant to provide the board with complete copies of records concerning any patient whose treatment may be material to allegations of possible professional misconduct or grounds for non-disciplinary remedial action being investigated by the board. Licensees and applicants shall respond to either type of request within 15 days from the date of the request, or within such greater time period as the board may specify.
VIII. Any person may file a written complaint with the board which charges that a licensee or license applicant has engaged in professional misconduct or should not be licensed. Such complaints shall be treated as petitions for the commencement of disciplinary proceedings, or if appropriate, non-disciplinary remedial proceedings, shall be investigated by the board, and shall be exempt from the time limitations of RSA 541-A:29. 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. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment on the terms of the proposed settlement.
154:9 New Paragraph; Hearings; Disclosure. Amend RSA 329:18-a by inserting after paragraph IV the following new paragraph:
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.
154:10 Effective Date. This act shall take effect 60 days after its passage.
(Approved: June 21, 2005)
(Effective Date: August 20, 2005)