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OPLC general counsel reports progress on investigations backlog; subcommittee moves ITL on Senate Bill 185
Summary
Nicholas Frey, general counsel for the Office of Professional Licensure and Certification, briefed the subcommittee on steps OPLC has taken to reduce an investigations backlog and improve transparency. Following the update, the subcommittee moved ITL on Senate Bill 185 and asked for a further progress report in January.
Nicholas Frey, general counsel for the Office of Professional Licensure and Certification (OPLC), briefed the House Executive Departments and Administration subcommittee on steps the office has taken to address a backlog in investigations, improve communication with complainants, and standardize peer (expert) review.
Frey said the division director implemented a three-part approach upon taking office: improve public communication (including automated email responses and updated FAQ content on the website); make progress on the backlog through an audit and outreach letters to complainants and licensees; and standardize subject-matter expert review by consulting practices in roughly 19–20 other states. He said OPLC is piloting a team approach for complaint intake, has established a preliminary-investigation protocol (including subpoenaing documents immediately when appropriate), and created a process for referring potential criminal matters to law enforcement.
Frey told the committee a procurement for case-management software was before the governor’s office and the Division of Procurement (G&C) at the time of the briefing; he said the software would further help automation and tracking. He also said the director is meeting regularly with boards and sending monthly reports to improve transparency.
Representative Schmidt asked whether the boards had signed off on the proposed operational changes; Frey said the director had briefed boards, collected feedback, and that he was not aware of formal objections from any board. Committee members asked about how criminal convictions discovered by background checks are handled; Frey explained there are two pathways: (1) discipline under the disciplinary statute (referred to in the meeting as "3 10 12") where conviction-based discipline would proceed through legal-viability review and then to the board; or (2) the licensing application background-check process, which can prompt licensing hearings applying the standard referenced as RSA 3:32-g:10 (clear-and-convincing standard and substantial relationship test) for disqualification.
After discussion, the subcommittee moved ITL on Senate Bill 185; Representative Groverick moved ITL and Representative Schmidt seconded. The clerk recorded the roll as 15–0. Committee members asked OPLC to return with a further progress update in January.
Action recorded: OPLC update; subcommittee moved ITL on SB 185 and requested an update in January.
