Professional License Complaints

The New Hampshire Mental Health Board has sent me a “communication of alleged misconduct.” What happens now?
After you receive a communication of alleged misconduct, you will likely be asked for a preliminary response. It is usually best to speak with counsel before sending your preliminary response. Counsel will assist you in preparing the response and understanding the nature of the allegations. There are time constraints involved with your response, so reach out to counsel swiftly.

Your preliminary response gets reviewed by the Board and it either gets dismissed or investigated. The communication of alleged misconduct becomes a formal complaint if sent to the investigation stage. Just because it is a formal complaint does not mean that the Board has determined the allegations are true. To become a formal complaint, the Board considers whether, if true, the allegations would support a violation of applicable law or ethics. If a formal complaint, the Board determines the scope of the investigation and an investigator is assigned. An attorney can provide you with assistance through the investigative process.

After the investigation, a Report of Investigation (ROI) is prepared. The ROI is an outline of the facts of the case, including a legal analysis of whether or not the investigation has sustained the violations cited by the Board. The Board Investigator reviews the ROI to ensure the impartiality and accuracy of the investigation. Following the Board Investigator’s review of the ROI, it is given to the Board for its review and consideration.

A number of outcomes arise from the Board’s review of the ROI. The Board might…

1. Dismiss the case with no further action (Dismissal);
2. Issue a non-disciplinary Confidential Letter of Concern to the licensee (Non-
   reportable);
3. Refer the case to the APU for resolution (Settlement); or,
4. Issue a Notice of Hearing (Adjudication).

Adjudicatory hearings are open to the public. Complainants may be allowed to intervene as a party. At the hearing, the Board hears oral testimony and evidence presented by both parties. After the hearing, the Board deliberates in non-public session and issues a written Adjudicatory Order stating whether a violation has occurred and what discipline is imposed. The Board order may also dismiss the case as unfounded. The Board’s Order is a public document.

The Board may impose the following types of sanctions:

• License restriction of practice;
• Supervision of practice by another professional;
• Supplemental continuing education unit (CEU) requirements;
• Personal therapy and/or psychological evaluation;
• Administrative fines;
• License suspension for a certain period of time; and/or
• License Revocation.

If you have received a communication of alleged misconduct, contact us today for a free initial consultation.