The following terms shall have the meaning indicated when used in this chapter:
- (a) “Administrative Prosecutions Unit” (APU) means the administrative prosecutions unit of the New Hampshire attorney general’s office;
- (b) “Allegation” or “communication of alleged misconduct” means information received by the board, in any format, suggesting that a licensee might have engaged in professional misconduct that comes within the jurisdiction of the board and meeting the criteria specified in Psyc 503.01(c);
- (c) “Board” means the board of psychologists created pursuant to RSA 329-B;
- (d) “Board investigator” means “board investigator” as defined in RSA 329-B:2, II;
- (e) "Complaint" means a communication of alleged misconduct containing information that, if true, could violate ethical rules, administrative rules, or the law. A matter is considered a complaint when the board orders the change of status from allegation to complaint;
- (f) “Consent decree” means an agreement or settlement to resolve a complaint following the issuance of a notice of hearing;
- (g) "Corrective action" means a written agreement between the board and a licensee to resolve a formal complaint whereby the licensee agrees to make certain changes in his or her practice, to accept clinical supervision, and/or to take some recommended program of study to resolve a complaint of misconduct presented to the board pursuant to RSA 329-B:21, III;
- (h) “Corrective supervision” means the board mandated professional supervision of a licensee to remediate faulty professional practices;
- (i) “Corrective supervisor” means a board licensed psychologist with prior experience in clinical supervision, training supervision, and mandated therapy, who provides supervision to a licensee pursuant to the board’s direction in order to remediate faulty professional practices;
(j) “Data” means all information relevant to an investigation, including but not limited to:
- (1) Oral or written statements;
- (2) Reports;
- (3) Maps;
- (4) Charts;
- (5) Drawings;
- (6) Photographs;
- (7) Audio or video recordings;
- (8) Computer programs;
- (9) Electronic documentation; or
- (10) Telephonic, oral, written, or electronic communications;
- (k) "Disciplinary proceeding" means an adjudicative proceeding commenced by the board for the purpose of examining alleged misconduct by a licensee;
- (l) “Investigation” means a gathering of data by the board of psychologists concerning matters within its jurisdiction;
(m) "Order" means a document issued by the board:
- (1) Establishing procedures to be followed in an adjudicative or nonadjudicative proceeding;
- (2) Granting or denying a petition or motion;
- (3) Requiring a person to do, or to abstain from doing something; or
- (4) Determining a person's rights to a license or other privilege established by RSA 329-B;
- (n) “Report of investigation (ROI)” means report of information, facts and data gathered for the board of psychologists pursuant to RSA 329-B; and
- (o) "Settlement agreement" means a written order of the board acknowledging consent of the licensee to enter stipulated facts and impose disciplinary action to resolve certain allegations of misconduct, made prior to the issuance of a notice of hearing.
- (p) “Summary of investigation” means the report of investigation with any legal analysis or legal recommendations removed.
Source. #12035-A, eff 11-4-16; ss by #13089-A, eff 8-8-20