Current through Register No. 40, October 3, 2024
(a) The department
shall investigate any complaint that meets the following conditions:
(1) The alleged violation(s) occurred not
more than 6 months prior to the date the department was made aware of the
allegation(s);
(2) The complaint is
based upon the complainants' first-hand knowledge regarding the allegations or
on information reported directly to the complainant by a person who has
first-hand knowledge regarding the allegation(s); or
(3) There is sufficient, specific information
for the department to determine that the allegation(s), if proven to be true,
would constitute a violation of any of the provisions of RSA 151 or He-P
812.
(b) When
practicable the complaint shall be in writing and contain the following
information:
(1) The name and address of the
ASC, or the alleged unlicensed individual or entity;
(2) The name, address, and telephone number
of the complainant; and
(3) A
description of the situation that supports the complaint and the alleged
violation(s) of RSA 151 or He-P 812.
(c) Investigations shall include all
techniques and methods for gathering information which are appropriate to the
circumstances of the complaint, including, but not limited to:
(1) Requests for additional information from
the complainant or the facility;
(2) A physical inspection of the
premises;
(3) Review of any
relevant records; and
(4)
Interviews with individuals who might have information that is relevant to the
investigation.
(d) For
the licensed ASC, the department shall:
(1)
Provide written notification of the results of the investigation to the
licensee along with an inspection report if areas of non-compliance were found
as a result of the investigation;
(2) Notify any other federal, state, or local
agencies of suspected violations of their statutes, rules, or regulations based
on the results of the investigation, as appropriate;
(3) Notify the licensee, in writing, and take
no further action if the department determines that the complaint is unfounded,
under (a) above, or does not violate any statutes or rules; and
(4) Require the licensee to submit a POC in
accordance with He-P 812.
(e) The following shall apply for the
unlicensed individual or entity:
(1) The
department shall provide written notification to the owner or person
responsible that includes:
a. The date of
investigation;
b. The reasons for
the investigation; and
c. Whether
or not the investigation resulted in a determination that the services being
provided require licensing under
RSA 151:2, I(d)
;
(2) In accordance with
RSA 151:7-a,
II, the owner or person responsible shall be
allowed 7 days from the date of receipt of the notice required by (e) (1) above
to submit a completed application for a license;
(3) If the owner of an unlicensed ASC does
not comply with (e) (2) above, the department shall issue a written warning to
immediately comply with RSA 151 and He-P 812; and
(4) Any person or entity who fails to comply
after receiving a warning as described in (e) (3) above shall be subject to an
action by the department for injunctive relief under
RSA 151:17 and an
administrative fine pursuant to He-P 812.
(f) Complaint investigation files shall be
confidential in accordance with
RSA
151:13 and shall not be disclosed publicly,
but shall be released by the department on written request only:
(1) To the department of justice when
relevant to a specific investigation;
(2) To law enforcement when relevant to a
specific criminal investigation;
(3) When a court of competent jurisdiction
orders the department to release such information; or
(4) In connection with any adjudicative
proceedings relative to the licensee.
#5514, eff 11-25-92; ss by #6895, INTERIM, eff 11-26-98,
EXPIRED: 3-26-99
New. #9727-A, eff
6-18-10
