CHAPTER 168
HB 688-FN – FINAL VERSION
04Jan2006… 0171h
11May2006… 2074eba
2006 SESSION
10/03
HOUSE BILL 688-FN
AN ACT relative to the regulation of mental health practitioners and the procedures of the board of mental health.
COMMITTEE: Executive Departments and Administration
This bill makes various changes to the procedures for complaints, investigations, and hearings of the board of mental health and adds 2 public members to the board.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04Jan2006… 0171h
11May2006… 2074eba
05-0726
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the regulation of mental health practitioners and the procedures of the board of mental health.
Be it Enacted by the Senate and House of Representatives in General Court convened:
168:1 Board; Public Members Added. Amend RSA 330-A:3, I to read as follows:
I. There shall be a board of mental health practice composed of the following members: one licensed psychologist, one licensed pastoral psychotherapist, one licensed clinical social worker, one licensed marriage and family therapist, one licensed clinical mental health counselor, and [2] 3 public members. The members shall be appointed to a term of 3 years by the governor with the approval of the council. The members of the board shall elect a chairperson on an annual basis. No discipline’s representative and no public member shall serve as chairperson for consecutive terms.
168:2 Advisory Committees. Amend RSA 330-A:4 to read as follows:
330-A:4 Advisory Committees Established; Duties.
I. The board shall [have the authority to] create an advisory [committees] committee for each mental health discipline it licenses for the purpose of assisting the board in its responsibilities under RSA 330-A:10, II, and [VI-XIV] RSA 330-A:10, VI-XVI. The board member of each mental health discipline shall serve as the chair of that advisory committee. The balance of the membership of each of the advisory committees shall be composed of [members nominated by the New Hampshire Psychological Association, the New Hampshire Pastoral Psychotherapists Association, the New Hampshire Chapter of the National Association of Social Workers, the New Hampshire Association for Marriage and Family Therapists, and the New Hampshire Clinical Mental Health Counselors Association] at least 2 persons and no more than 4 persons licensed in the mental health discipline of that committee.
II. [The advisory committees shall be composed of at least 3 persons and no more than 5 persons, including the chair, all of whom shall be licensed in their applicable professions. No] Advisory committee [member shall serve more than 2 consecutive 3-year terms] members other than the chair shall be appointed by the board and shall serve at the pleasure of the board for no more than 3 consecutive, 2-year terms.
III. The board shall not form any standing committees other than those specified in this chapter.
168:3 New Paragraph; Administrative Members. Amend RSA 330-A:6 by inserting after paragraph I the following new paragraph:
I-a. Each non-public member of the board and all licensed mental health professionals performing board-related duties otherwise immune from civil action pursuant to RSA 330-A:27, IV shall comply with and be subject to all provisions of this chapter and that licensee’s professional ethical code in performing board-related duties.
168:4 Compensation. Amend RSA 330-A:7 to read as follows:
330-A:7 Compensation; Expenses. Members of the board [shall serve without compensation, but] and members of the advisory committees shall receive a per diem compensation of $100, for a meeting or any other board or committee activity requiring 2 or more hours in a 24-hour period, and shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this chapter.
168:5 Meetings Quorum. Amend RSA 330-A:9 to read as follows:
330-A:9 Organization and Meetings.
I. The board shall hold regular annual meetings. Other meetings of the board shall be held at such times and upon such notice as the rules of the board provide. [A majority of the board] Five members shall constitute a quorum.
II. When a quorum is not available for just and timely resolution of a specific matter, former board members or advisory committee members may be appointed by the board to serve as acting board members for purposes of obtaining the minimum quorum in the resolution of that specific matter.
168:6 New Paragraph; Rulemaking; Other States. Amend RSA 330-A:10 by inserting after paragraph I the following new paragraph:
I-a. Procedures for expedited licensure for applicants from other states who qualify under RSA 330-A:26.
168:7 New Paragraph; Rulemaking; Disclosure. Amend RSA 330-A:10 by inserting after paragraph XXII the following new paragraph:
XXIII. Procedures relative to the disclosure to the public of the existence and status of complaints, and the final disciplinary actions by the board, including those actions that occur without holding a public hearing. The rules shall provide that such disclosure shall take place within 3 business days of the initiation of an investigation of a complaint, update of investigation status, and final disciplinary action by the board.
168:8 Records. Amend RSA 330-A:13, I to read as follows:
I. The board shall keep records of its proceedings and [a register] separate registers of all applications for licensure and all complaints filed against licensees. Such records shall show information relative to the [applicant and the applicant’s licensure or rejection] application or complaint and the board’s response to the application or complaint, without disclosing the identity of those involved, as the rules of the board may prescribe. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary investigations and records otherwise exempt from disclosure under RSA 91-A or other applicable statutes.
168:9 Investigations. Amend RSA 330-A:28, I and II to read as follows:
I. The board [may] shall investigate possible misconduct by licensees and other matters within the scope of this chapter. Investigations may be conducted formally, after issuance of a board order setting forth the general scope of the investigation, or informally, after a board vote to seek additional information, without such an order. In either case, [board investigations and the] information gathered [in] subsequent to the initiation of and during such investigations shall be exempt from the public disclosure provisions of RSA 91-A, except to the extent such information may later become the subject of a public disciplinary hearing. The existence of a complaint and status of the investigation, without disclosing the identity of those involved, shall be subject to the disclosure provisions of RSA 91-A. The board may disclose information acquired in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders. A licensee under this chapter shall be promptly informed of the nature and scope of any pending investigation.
II. After determining the nature and scope of an investigation or hearing, the board may employ or retain hearing officers, legal counsel, medical advisors, mental health advisors, or investigators to assist with [any] that investigation [and with the conduct of hearings] or hearing. Members of the board are not eligible for retention.
168:10 Complaints. Amend RSA 330-A:28, VII to read as follows:
VII. [On its own motion, with just cause, or in response to a complaint received by one of the advisory committees] Except for good cause shown, upon its determination that a formal or informal investigation shall be conducted, the board shall [informally] mail a copy of a complaint to any licensee who is the subject of the complaint, and require the licensee to provide a detailed and good faith written response to [the] allegations identified by the board. The licensee shall provide complete copies of the licensee’s office records concerning any [patient] client identified in the complaint. The licensee shall respond to such request within a reasonable time period of not less than [15] 30 days, as the board shall specify in its written request. The detailed complaint and licensee’s response shall be exempt from disclosure under RSA 91-A unless the licensee successfully petitions the board to make them available pursuant to RSA 91-A:4.
168:11 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 24, 2006
Effective: July 23, 2006