New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 6000 - OPHTHALMIC DISPENSING
Part He-P 6003 - COMPLAINTS, DISCIPLINARY ACTION, REVOCATION, DENIAL
Section He-P 6003.02 - Complaint Investigation

Universal Citation: NH Admin Rules He-P 6003.02

Current through Register No. 40, October 3, 2024

(a) Complaints alleging a violation of RSA 327-A and/or He-P 6000 shall be investigated by the commissioner.

(b) If the complaint is accepted, the commissioner shall contact and individually question the complainant and the registrant, or unregistered person, about the complaint in an effort to determine if the complaint can be substantiated.

(c) The registrant, or unregistered person, shall cooperate with the department by providing the department with any information requested by the commissioner relative to the complaint.

(d) Upon the completion of the investigation, the commissioner shall make a determination based on information received during the investigation as to whether the complaint is substantiated.

(e) Copies of the investigative findings shall be sent to the complainant and the registrant, or unregistered person, indicating whether the complaint is substantiated.

(f) Except in the case of violations which warrant revocation pursuant to He-P 6003.03(j) (1) , if the complaint is substantiated, the registrant shall submit to the commissioner and implement a written plan of correction within 15 days of the receipt of the findings.

(g) A written plan of correction shall be required if the registrant:

(1) Has failed to follow the order of a prescription of an ophthalmologist or optometrist;

(2) Has made a material false statement or concealed a material fact in connection with his or her application for registration;

(3) Has used dishonest or misleading advertising; or

(4) Has failed to comply with any other provisions of He-P 6000 or RSA 327-A.

#6567, INTERIM, eff 8-22-97, EXPIRED: 12-20-97

New. #6728, eff 4-1-98; ss by #7119, eff 10-16-99; ss by #7894, eff 5-21-03; ss by #8593, eff 3-28-06; ss by #10453, eff 10-31-13

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