§ 151:6 — Investigations and Consultations

I. The department of health and human services may investigate, in response to a complaint alleging a violation of this chapter or when it has good reason to believe that the provisions of this chapter or rules adopted under this chapter have been violated by any facility licensed under this chapter or agency required to be licensed in accordance with RSA 151:2, I or any facility providing services beyond room and board to 2 or more individuals unrelated to the owner or manager. Such investigations shall be conducted in accordance with rules adopted by the commissioner of the department of health and human services under RSA 151:9. The commissioner of the department of health and human services shall, when necessary, seek the assistance of local and state law enforcement authorities in order to complete its investigation. Investigation results shall be provided as a written report that identifies any noncompliance with this chapter and applicable rules adopted under this chapter. The results of investigations shall be posted on the department's website in the manner determined by the commissioner of the department of health and human services. The results so posted shall indicate the facilities and services investigated and the results for each such facility or service. Investigation results shall not be subject to RSA 151:13.
II. The department of health and human services may require by rule that any licensee or prospective applicant desiring to make specified types of alterations or additions to its facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit plans and specifications therefor to the department of safety, division of fire safety for preliminary inspection and approval or recommendations.
III. The department of health and human services shall make consultation services available, which shall include visits to the facility, to individuals seeking licensure or who are uncertain if a license is required for their facilities.
IV. Notwithstanding the provisions of this section, when the state fire marshal has approved a plan for construction, renovation, alteration, or other addition or structural change submitted by a licensee or prospective applicant, the department shall take no action inconsistent with a determination made by the state fire marshal.

Legislative History

1947, 216:1, par. 6. RSA 151:6. 1983, 291:1, I. 1985, 190:82. 1991, 365:5. 1995, 310:181, 182, eff. Nov. 1, 1995. 2012, 162:3, eff. June 7, 2012. 2023, 79:205, eff. July 1, 2023. 2025, 287:7, eff. Sept. 30, 2025.