New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 5900 - EMERGENCY MEDICAL SERVICES RULES
Part Saf-C 5922 - COMPLAINTS, INVESTIGATIONS, AND HEARINGS
Section Saf-C 5922.02 - Complaints and Investigations Relating to Unit, Provider, PEETE, or EMS Instructor Coordinator License Application

Universal Citation: NH Admin Rules Saf-C 5922.02

Current through Register No. 40, October 3, 2024

(a) Any person may file a complaint regarding the actions of any unit or provider licensed under RSA 153-A, or any person or entity believed to be in violation of RSA 153-A or Saf-C 5900 provided that the complaint shall be:

(1) Submitted in writing to the commissioner;

(2) Typewritten, electronic, or legibly printed; and

(3) Reported within 60 days of the discovery of the alleged violation, except that any complaint involving criminal activity shall be investigated as long as the investigation is initiated, either by the division or other law enforcement authority, within the statute of limitations of any indicated criminal offense.

(b) The written complaint shall include:

(1) The name of the unit, provider, PEETE, or EMS IC against whom the complaint is filed, hereinafter called the "respondent;"

(2) A concise statement of the facts that establish the alleged violation; and

(3) The date of the alleged violation.

(c) Complaints shall be assigned to an investigator by the director in accordance with RSA 153-A:14. A complaint shall be deemed non-actionable if assuming the allegations in the complaint to be true, there would be a no violation of RSA 153-A or Saf-C 5900.

(d) If there are sufficient factual allegations in a complaint to suspect a criminal violation has been committed, the matter shall be referred to the appropriate law enforcement authorities.

(e) If the director determines that a complaint is actionable, a letter shall be sent to the respondent, notifying him or her of an investigation. With the letter, the respondent shall also receive a copy of the complaint or a version of the complaint redacted as necessary to preserve the integrity of the investigation, or a description of the complaint containing sufficient detail to provide the respondent with notice of the allegation or allegations being made.

(f) The letter and enclosures shall be sent by certified mail, and a copy of the letter shall be sent no earlier than 48 hours later to:

(1) The head of the unit on whose behalf the respondent was acting at the time the alleged violation took place, or, if at the time of the alleged violation the respondent was not acting on behalf of a unit with which the respondent is affiliated, to the respondent's primary unit;

(2) If the bureau is seeking immediate suspension pursuant to RSA 541-A:30, III, to the heads of all units with which the respondent is affiliated; and

(3) If the bureau is not seeking immediate suspension pursuant to RSA 541-A:30, III but the director determines that the allegations constitute a potential threat to public health or safety, to the heads of all units with which the respondent is affiliated.

(g) The investigator shall document facts collected in a report of investigation. The investigator shall recommend findings to the commissioner.

(h) If, after investigation, the complaint is determined to be exonerated, not sustained, or unfounded, the commissioner shall issue a written order dismissing the complaint and shall send a copy of such order to the complainant and respondent within 10 days by certified mail.

(i) If, after investigation, the complaint is determined to be sustained, the commissioner shall issue a written order reflecting the finding within 10 days and send a copy of such order by certified mail to the complainant and respondent which shall:

(1) Specify the violation(s) of RSA 153-A or Saf-C 5900, or both;

(2) Direct the respondent to comply with the provisions of RSA 153-A or Saf-C 5900, or both;

(3) Inform the respondent that he or she may request a hearing within 10 days pursuant to RSA 541-A:31 and Saf-C 5903.13 for the purpose of challenging such finding;

(4) Describe the facts surrounding the decision in sufficient detail to provide the respondent with the basis for the decision; and

(5) Specify any sanction permissible under the law and these rules.

(j) Upon issuing the order specified in paragraphs (h) and (i) above, the commissioner shall send a copy of such order to the heads of all units who received notification of the investigation in accordance with paragraph (g) above.

(k) Investigation information shall be confidential, and shall not be released except in accordance with these rules.

(l) Notwithstanding paragraph (k) above, investigation information shall be released:

(1) To the department of justice in its capacity as legal counsel to the division;

(2) Pursuant to court order directing the division to release such information;

(3) During an adjudicative hearing subject to the provisions set forth in RSA 541-A:31 and Saf-C 200; or

(4) In the case of a possible violation affecting public health, to the Department of Health and Human Services, Division of Public Health and Bureau of Infectious Disease Control.

(m) Any respondent against whom a complaint is determined to be sustained may request a hearing within 10 days of receipt of the order in paragraph (l) above, pursuant to RSA 541-A:31 and Saf-C 5922 for the purpose of challenging such finding.

(n) In the case of a sustained complaint, if no hearing is requested, or following the conclusion of the requested hearing and any timely appeal, the division shall publish a public list of licensees found to have violated RSA 153-A or these rules, on the division website. The division shall not be limited to that method of publication.

(o) Such public list shall specify:

(1) The name of the licensee;

(2) The unit or provider license number;

(3) The provision(s) of RSA 153-A or the rules that have been violated;

(4) The date of the violation;

(5) Any action resulting in a change in status of the licensee's license, including any prerequisites to full restoration of license privileges; and

(6) The date of implementation and conclusion of any change in status.

(p) In the case of a sustained complaint, if no hearing is requested, or following the conclusion of the requested hearing and any timely appeal, the division shall also notify the National Registry of Emergency Medical Technicians, National Practitioner's Data Bank and the Centers for Medicare and Medicaid Services of any unit or provider license revocation, suspension, or limitation.

(q) In the case of a sustained complaint, if no hearing is requested, or following the conclusion of the requested hearing and any timely appeal, a copy of the report of investigation, a copy of the order in (l) above, and a copy of any hearing report shall be released to the heads of all units with which the respondent is affiliated, upon their request.

(r) Notwithstanding the provisions of this section, the release of any hearing report shall be in accordance with RSA 91-A.

(See Revision Note at chapter heading for Saf-C 5900) #8630, INTERIM, eff 5-19-06, EXPIRED: 11-15-06

New. #9779-B, eff 9-8-10 (formerly Saf-C 5922.011)

The amended version of this section by New Hampshire Register Volume 42, Number 28, eff. 5/28/2022 is not yet available.

The amended version of this section by New Hampshire Register Number 15, eff. 3/21/2023 is not yet available.

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