CHAPTER 189
HB 1633-FN – FINAL VERSION
05Mar2008… 0677h
21May2008… 1893eba
2008 SESSION
10/03
HOUSE BILL 1633-FN
AN ACT relative to the regulation of licensed alcohol and drug use counselors.
SPONSORS: Rep. Harding, Graf 11; Rep. MacKay, Merr 11; Rep. Butynski, Ches 4; Rep. L. Hammond, Graf 11; Rep. Harvey, Hills 21
COMMITTEE: Executive Departments and Administration
This bill revises and recodifies the regulation of alcohol and drug use counselors by the board of licensing of alcohol and other drug use counselors.
The bill is a request of the study committee established in 2007, 144.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0677h
21May2008… 1893eba
08-2888
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the regulation of licensed alcohol and drug use counselors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
189:1 Alcohol and Other Drug Use Professionals. RSA 330-C is repealed and reenacted to read as follows:
CHAPTER 330-C
ALCOHOL AND OTHER DRUG USE PROFESSIONALS
330-C:1 Purpose. In New Hampshire, alcohol and drug use counselors have been the primary providers of addiction services. The purpose of this chapter is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to obtain a license and to promote competency in alcohol and other drug use prevention, intervention, and treatment services.
330-C:2 Definitions.
I. “Advertise” means, but is not limited to, the attempt by a visual, oral, or written publication, dissemination, solicitation, or circulation to induce any person to do business with a licensed alcohol or drug counselor.
II. “Alcohol and drug use” means the use of alcohol or other drugs, or both, to the extent or frequency that it impairs or endangers one’s health, social or economic function, or the health and welfare of others, and can be used interchangeably with “substance use.”
III. “Board” means the board of licensing for alcohol and other drug use professionals.
IV. “Certified recovery support worker,” or CRSW, means an individual certified by the board to provide recovery support to persons with substance use disorders, who meets the qualifications in this chapter.
V. “Clergy” means any minister, priest, rabbi, Christian Science practitioner, or any other similar religious counselor.
VI. “Clinical supervision” means an ongoing, regularly occurring process of examination, critique, and improvement of a counselor’s skills, directed by the counselor’s designated clinical supervisor, and is typically one-to-one or small group in structure, and utilizes the methods of intensive case review and discussion, and direct and indirect observation of clinical practice.
VII. “Clinically supervised” or “supervised practical training” means experiential activities monitored by one or more clinical supervisors who provide timely feedback to assist the counselor in the learning process, and which are designed to provide training of specific knowledge and skills necessary to competently perform the tasks inherent in the performance domains of alcohol and drug counseling.
VIII. “Continuing education” means research and training programs, college and university courses, in-service training programs, or seminars and conferences designed to maintain and enhance the skills of counselors licensed under this chapter and which are recognized by the licensing board.
IX. “Continuum of care network” means public and private substance use care agencies such as detoxification centers, emergency rooms, hospitals, treatment centers, outpatient and day treatment clinics, and community residences for substance users.
X. “Co-occurring disorders” means a diagnosis that includes both a mental illness and substance use disorder.
XI. “Core functions and practice dimensions of addiction counseling” means the following 12 activities an alcohol and drug counselor performs in the role of counselor: screening, intake, orientation, assessment, treatment planning, counseling (individual, group, and significant others), case management, crisis intervention, client education, referral, reports and record keeping, and consultation with other professionals in regard to client treatment and services.
XII. “Facility” means an alcohol and other drug use prevention, intervention, or treatment agency which is publicly or privately owned, for-profit or not-for-profit, and which is licensed or certified, or required to be licensed or certified by the state, or is under contract to a state agency.
XIII. “Licensed alcohol and drug counselor,” or LADC, means an individual licensed by the board to practice substance use counseling who meets the qualifications set forth in this chapter.
XIV. “Licensed clinical supervisor,” or LCS, means an individual licensed by the board to practice and supervise substance use counseling, who meets the qualifications set forth in this chapter.
XV. “Master licensed alcohol and drug counselor,” or MLADC, means an individual licensed by the board to practice substance use counseling who meets the qualifications set forth in this chapter.
XVI. “Mental health disorder” or “mental illness” means any mental disorder, including a disorder of thought, mood, or behavior that causes distress and results in a reduced ability to function psychologically, socially, occupationally, or interpersonally, as set forth in the current version of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.
XVII. “Peer collaboration” means ongoing regularly occurring clinical consultation with, or small group meetings among, LADCs or mental health, nursing or other medical professionals with expertise in alcohol and drug treatment at which clinical issues and/or cases are discussed.
XVIII. “Practice of substance use counseling” means the rendering or offering to render professional service for any documented fee or other consideration to individuals, families, or groups. Those professional services include the application of the specific knowledge, skills, counseling theory, and application of techniques to assess, diagnose, define goals, and develop a treatment plan of action aimed toward prevention, education, or treatment in the recovery process of substance use within the continuum of care network. The practice further includes, but is not limited to, networking and making referrals to medical, social services, mental health services, psychiatric, or legal resources when so indicated.
XIX. “Substance use disorder” means a disorder related to the taking of a drug, including alcohol.
XX. “Supervision” means no less than one hour per week of individual or group supervision with a clinician licensed in substance use counseling with education, supervisory experience, and ethics approved by the board.
XXI. “Work experience” means paid or voluntary experience under supervision with a primary focus utilizing alcohol and other drug use treatment, intervention, or prevention theories, techniques, or methodologies.
330-C:3 Board Established.
I. There is established a board of licensing for alcohol and other drug use professionals. The board shall comprise 7 members to be appointed by the governor with the consent of the council. The members of the board shall be citizens of the United States and shall include 4 master licensed alcohol and drug counselors, one licensed alcohol and drug counselor, and 2 members of the general public.
II. Each MLADC member of the board shall be a resident of this state, licensed in good standing under the provisions of this chapter, and currently engaged in the practice of the profession, and shall have no fewer than 5 years of experience as a MLADC, at least 3 of which shall have immediately preceded appointment.
III. The LADC member shall be a resident of this state, licensed in good standing under the provisions of this chapter, and currently engaged in the practice of the profession, and shall have no fewer than 5 years of experience as a LADC, at least 3 of which shall have immediately preceded appointment.
IV. The public members shall have been residents of this state for at least one year who are not, and never have been, licensed under the provisions of this chapter or the spouse of a licensee under this chapter. The public members shall not have, and shall never have had, a material financial interest in either the provision of alcohol and other drug use professional services or an activity directly related to the provisions of such services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
V. No more than one board member shall be associated with, employed by, or in a contractual relationship with a particular agency, corporation, or other enterprise or subsidiary at one time.
VI. No board member shall participate in clinical supervision or any other professional relationship with another board member in which one board member has a subordinate role to the other. In addition, no 2 board members shall be family members. For the purposes of this paragraph, persons are “family members” if they are related, live in the same domicile, and share a common economic interest in the expenses of daily living and shall include, but not be limited to, a spouse, child, parents, or parties that have entered into a civil union.
VII. No board member shall participate in any matter before the board in which the member has a pecuniary or personal interest or other conflict of interest.
VIII. The board shall elect a chairperson annually from among its membership. Four members of the board shall constitute a quorum.
IX. The board shall hold no fewer than 6 meetings per year. Board meetings shall be open to the public. In accordance with RSA 91-A:3, the board may conduct part of a meeting in nonpublic session.
X. Board members shall be reimbursed for actual and necessary expenses incurred in the discharge of official duties, including travel at the state employee mileage rate.
XI. The term of office shall be 3 years. Any person appointed to fill a vacancy shall fill the unexpired term of office. Upon expiration of the term of office, a member shall continue to serve until a successor has been appointed and qualified. No person shall be appointed for more than 2 consecutive 3-year terms.
XII. The governor may remove any member from the board for neglect of any duty under RSA 330-C:5 or for incompetence, or unprofessional or dishonorable conduct. Any person may file a complaint against a board member or board members with the commissioner of the department of health and human services. Upon receipt of a complaint, the commissioner shall conduct an investigation and take any appropriate action and report his or her findings to the complainant. The provisions of RSA 4:1 controlling the removal of public officials from office shall be followed in dismissing board members.
XIII. In accordance with RSA 20-B:1, the chairman shall ensure that every new member of the board receives orientation information which may include the business procedures of the board, the mailing address and phone number of the office, a list of the members and staff, the customary meeting schedule, and any other pertinent information.
XIV. The board shall designate one of its members who will serve as a liaison with the board of mental health practice to collaborate on issues of mutual interest.
XV. All members of the board and its agents or employees shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members, agents, or employees, as long as they are not acting in a wanton or reckless manner.
330-C:4 Administrative Attachment. The board shall be administratively attached, under RSA 21-G:10, to the department of health and human services.
330-C:5 Powers and Duties of the Board. The board shall:
I. Examine applicants for licensure, license, and renew licenses of duly qualified individuals, and issue certifications for duly qualified recovery support workers.
II. Have the authority to establish advisory committees in the areas identified in RSA 330-C:6.
III. Gather and report to the public statistical information regarding, but not limited to, the education and licensure of alcohol and other drug use professionals.
IV. Conduct investigations, hearings, and proceedings concerning alleged violations of this chapter or of rules adopted under this chapter.
V. Subpoena witnesses, records, and documents, as needed, and administer oaths to those testifying at hearings.
VI. Determine and enforce appropriate disciplinary action against licensees and certificate holders found guilty of violating this chapter or the rules adopted under this chapter.
VII. Approve or deny or withdraw approval of providers of continuing education programs and individual continuing education programs.
VIII. Maintain records of proceedings as required by the laws of New Hampshire.
IX. Obtain employees and assistants as may be necessary, in the opinion of the board, to administer and enforce the provisions of this chapter.
X. Establish and collect fees required in this chapter.
XI. Submit an annual report to the commissioner of the department of health and human services summarizing the board’s proceedings and activities.
XII. Select nationally recognized examinations that meet the requirements of this chapter.
330-C:6 Advisory Committees.
I. The board shall have the authority to create advisory committees. Each committee shall be composed of at least 3 but not more than 5 persons licensed by the board. Advisory committee members shall be appointed by the board and shall serve at the pleasure of the board for no more than 3 consecutive 2-year terms.
II. The advisory committees may be assigned the following duties:
(a) Application advisory committee, if established, shall review applications for licensure, reinstatement, and certification and make recommendations to the board concerning such applications;
(b) Testing and examination advisory committee, if established, shall carry out the testing requirements of this chapter and review and evaluate the appropriate standards to be used for selecting examinations;
(c) Continuing education and collaboration advisory committee, if established, shall advise the board on continuing education requirements and procedures to be adopted for documenting peer collaboration hours.
III. Members of any advisory committee may serve as investigators, upon the request of the board. No committee member may act as an investigator without completing appropriate training provided by the department of justice.
IV. The board may appoint additional committees to advise the board on issues relevant to this chapter.
330-C:7 Records; Meetings; List of Licensees.
I. A true record of all of the board’s official acts shall be made and preserved by the board. 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.
II. The board shall maintain a current list of the names and business addresses of all persons licensed or certified under this chapter. In addition, the board shall make available to the public a list of all persons whose licenses or certification have been revoked or suspended for a violation of RSA 330-C:27, III by the board within the preceding 12 months. The list shall identify any revocation or suspension that is under appeal.
330-C:8 Fees; Charges.
I. The board shall charge fees for the application, issuance, renewal, and reinstatement of all licenses and certifications authorized by this chapter, including fees for temporary licenses and the reinstatement of inactive licenses. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses for the board for the previous fiscal year.
II. The board may provide the following services and make administrative charges for:
(a) The administration of examinations required by this chapter.
(b) The transcription and copying of records.
(c) The actual costs of a criminal conviction record check required pursuant to RSA 330-C:20.
(d) The sale of a list of licensees and certification holders who have given their written authorization to have their names included on such list. Such list shall be updated at least monthly.
(e) The approval of continuing education programs and program providers.
(f) The verification of license status or educational credentials.
330-C:9 Rulemaking Authority. The board shall adopt rules, in accordance with RSA 541-A, relative to the following:
I. Application procedures and eligibility requirements for the issuance of all initial, temporary, and renewal licenses issued by the board, including the issuance of such licenses to applicants holding a currently valid license or other authorization to practice in another jurisdiction.
II. Application procedures and eligibility requirements for the reinstatement of licenses after lapse and after disciplinary action.
III. Application procedures, training requirements, and other criteria for issuance of certification for certified recovery support workers.
IV. The establishment of fees required under this chapter.
V. The process for approval of education programs for the continuing education requirements of this chapter and providers of such programs, and the process for approval of providers engaged in clinical supervision.
VI. The administration of examinations authorized by this chapter, and the manner in which information regarding the contents of any licensing examinations may be disclosed, solicited, or compiled.
VII. Ethical standards for the practice of alcohol and drug use counseling and clinical supervision that are generally in keeping with standards established by NAADAC: The Association for Addiction Professionals, or its successor organization.
VIII. Continuing education requirements for license renewal and continuing education requirements for renewal of certification.
IX. Procedures for the conduct of hearings consistent with the requirements of due process.
X. The determination of disciplinary sanctions authorized by this chapter, including the assessment of administrative fines.
XI. The examinations approved by the board.
XII. Testing procedures to be used by the board.
XIII. The requirements for peer collaboration and the documentation of peer collaboration hours.
330-C:10 Master Licensed Alcohol and Drug Counselor; Scope of Practice.
I. The scope of practice of the MLADC is the screening, assessment, diagnosis, treatment planning, and treatment of substance use disorders and the screening and referral of mental health disorders. The scope does not include the treatment of co-occurring disorders, unless the MLADC is in an academic internship as part of a master’s program in a mental health field or employed as a MLADC and working toward mental health licensure under RSA 330-A, RSA 329, or RSA 326-B. The practice of alcohol and drug counseling includes the following performance areas which encompass the 12 core functions and practice dimensions of addiction counseling:
(a) The performance of clinical evaluation including the screening, assessment, and diagnosis of alcohol and other drug use disorders, the assessment and identification of symptoms of co-occurring mental health disorders and differential diagnosis indicators and the development of preliminary mental health disorder diagnoses for further assessment and confirmation by an appropriate professional. This includes severity assessment and assessment of dangerousness to self or others;
(b) The performance of treatment planning; referrals including co–occurring mental health and medical conditions; case management and service coordination including implementation of treatment plans, consultation, coordination of care with mental health and other community providers, ongoing assessment of progress and needs, and client advocacy; education; and documentation;
(c) The performance of counseling including:
(1) Individual, group, family, and significant other counseling;
(2) Crisis prevention and intervention to include enlisting the support of trained personnel to manage risk of harm to self or others;
(d) Adherence to professional and ethical responsibilities as determined by the board.
II. An MLADC may engage in practice only with peer collaboration.
330-C:11 Licensed Alcohol and Drug Counselor; Scope of Practice.
I. The scope of practice of the LADC is the screening, assessment, diagnosis, treatment planning, and treatment of substance use disorders and the screening and referral of mental health disorders under clinical supervision as defined in this chapter. The scope does not include the treatment of co-occurring disorders, unless the LADC is in an academic internship as part of a master’s program in a mental health field or employed as a LADC and working toward mental health licensure under RSA 330-A, RSA 329, or RSA 326-B. The practice of alcohol and drug counseling includes the following performance areas which encompass the 12 core functions and practice dimensions of addiction counseling:
(a) The performance of clinical evaluation including the screening, assessment, and diagnosis of alcohol and other drug use disorders, the assessment and identification of symptoms of co-occurring mental health disorders and differential diagnosis indicators and the development of preliminary mental health disorder diagnoses for further assessment and confirmation by an appropriate professional. This includes severity assessment and assessment of dangerousness to self or others;
(b) The performance of treatment planning; referrals including co–occurring mental health and medical conditions; case management and service coordination including implementation of treatment plans, consultation, coordination of care with mental health and other community providers, ongoing assessment of progress and needs, and client advocacy; education; and documentation;
(c) The performance of counseling, including:
(1) Individual, group, family, and significant other counseling; and
(2) Crisis prevention and intervention to include enlisting the support of trained personnel to manage risk of harm to self or others;
(d) Adherence to professional and ethical responsibilities as determined by the board.
II. An LADC may engage in practice only under clinical supervision of an MLADC, LCS, LADC, psychiatric ARNP, or licensed mental health provider approved by the board.
330-C:12 Licensed Clinical Supervisor; Scope of Practice.
I. The scope of practice of a licensed clinical supervisor is based on knowledge in the core functions and performance domains to supervise alcohol and drug counselors. This includes administrative, evaluative, clinical, and supportive oversight of the practice of alcohol and drug counselors licensed under this chapter and persons seeking licensure.
II. The licensed clinical supervisor shall:
(a) Exercise responsibility over alcohol and drug counselors concerning all activities, including but not limited to, alcohol and drug counselor development, skill assessment and performance evaluation, staff management and administration, and professional responsibility.
(b) Not permit a supervisee to engage in any practice that the supervisee is not competent to perform.
(c) Be legally and ethically responsible for the supervised activities of the counselors he or she supervises.
(d) Be available or make appropriate provision for emergency consultation and intervention.
(e) Interrupt or stop the supervisee from practicing in given cases, or recommend to the supervisee’s employer that the employer interrupt or stop the supervisee from practicing in given cases, and to terminate the supervised relationship, if necessary.
330-C:13 Certified Recovery Support Worker; Scope of Practice. The scope of practice of a certified recovery support worker includes:
I. The provision of basic screening of persons with substance use and co-occurring mental health disorders to determine whether referral for further assessment and formal diagnosis is needed and the making of appropriate referrals.
II. The provision of monitoring of clients’ health and safety including basic recognition of signs and symptoms of addiction, intoxication, and withdrawal, and the implementation of structured interventions to ensure the immediate safety of clients demonstrating such symptoms.
III. The provision of recovery support including practical support, mentoring, and education about addiction, community peer support, role of medication and co-occurring disorders in addiction.
IV. Adherence to the ethical standards of the substance use treatment profession as determined by the board.
330-C:14 Title; Display of License or Certification.
I. Only persons licensed under this chapter may use the title “master licensed alcohol and drug counselor” and the abbreviation “MLADC,” the title “licensed alcohol and drug counselor” and the abbreviation “LADC,” or the title “licensed clinical supervisor” and the abbreviation “LCS” provided that the title and abbreviation correspond to the license held pursuant to this chapter.
II. Only persons certified under this chapter may use the title “certified recovery support worker” and the abbreviation “CRSW.”
III. Any person who has been issued a license under this chapter shall conspicuously display such license in the principal place of business for which the license is issued.
330-C:15 Licensure and Certification; Applicants.
I. All applicants for licensure and certification shall:
(a) Submit a completed application and pay fees established by the board;
(b) Have the ability to read and write in the English language;
(c) Report any pending criminal charges, criminal convictions, or plea agreements in lieu of convictions;
(d) Submit a complete set of fingerprints and a notarized criminal history record release form pursuant to RSA 330-C:20;
(e) Have committed no acts or omissions which are grounds for disciplinary action as set forth in this chapter, or, if such acts have been committed and would be grounds for disciplinary action, the board has found, after investigation, that sufficient restitution has been made;
(f) Meet education requirements for new applicants and continuing education requirements for renewals and reinstatements, as established by the board; and
(g) Meet other criteria as established by the board.
II. The board shall make no final decision concerning the qualifications of a new or reinstatement applicant until it has received the results of all required examinations, criminal history record checks, and all third-party certifications required to be submitted with the application, and the time periods specified by RSA 541-A:29 shall be calculated from the date the last of the required documents is received by the board.
330-C:16 Master Licensed Alcohol and Drug Counselor; Initial License. An applicant for initial MLADC licensure shall:
I. Have graduated with a minimum graduate degree of a 60-hour masters in a clinical mental health, clinical psychology, substance use treatment, social work, or human services discipline or equivalent from an accredited college or university, 270 hours of alcohol and drug use education, which may be included in the coursework of the master’s program, and 300 hours of supervised practical training.
II. Either hold a current LADC license or pass the testing procedures required under RSA 330-C:17, II.
III. Complete 4,000 hours of clinically supervised experience in alcohol and other drug disorders treatment. Up to 1,000 hours of clinically supervised hours of experience accumulated by the applicant during graduate degree internship may be counted toward the required 4,000 hours. Up to 2,000 hours of clinically supervised experience accumulated by the applicant during his or her practice as an LADC may be counted toward the required 4,000 hours. A current license issued by the board of mental health practice may be substituted for 2,000 hours of clinically supervised experience.
IV. Meet other criteria as established by the board.
V. If the applicant does not meet the requirements of paragraphs I-IV, the board shall not issue a MLADC license but shall, if the individual meets all requirements for licensure as a LADC, issue a LADC license to the individual.
330-C:17 Licensed Alcohol and Drug Counselor; Initial License. An applicant for initial LADC licensure shall:
I.(a) Have graduated with an associate’s degree in substance use counseling, addiction studies, or equivalent program and completed 6,000 hours of supervised work experience, which may include 270 hours of alcohol and drug use education and 300 hours of supervised practical training; or
(b) Have graduated with a bachelor’s degree in a clinical mental health, social work, psychology, substance use counseling, addiction studies, human services discipline, or equivalent program from an accredited college or university and completed 4,000 hours of supervised work experience, which may include 270 hours of alcohol and drug use education and 300 hours of supervised practical training.
II. Pass testing procedures of a nationally recognized credentialing entity specified by the board. Such procedures shall be based on the core functions and practice dimensions of addiction counseling.
III. Meet other criteria as established by the board.
330-C:18 Licensed Clinical Supervisor; Initial License. An applicant for initial LCS licensure shall:
I. Hold a current license as a MLADC or LADC;
II. Have 10,000 hours of experience as an alcohol and drug counselor;
III. Have 4,000 hours of experience as a clinical supervisor supervising professionals providing alcohol and drug counseling, which hours my be accumulated by the applicant as part of the experience requirements in paragraph II;
IV. Have received 200 hours of face-to-face supervision;
V. Have completed 30 hours of training in clinical supervision covering assessment, evaluation, counselor development, management, administration, and professional responsibility;
VI. Pass testing procedures of a nationally recognized credentialing entity specified by the board; and
VII. Meet other criteria as established by the board.
330-C:19 Certified Recovery Support Worker; Initial Certification. An applicant for initial certification as a CRSW shall:
I. Submit a completed application and fees established by the board;
II. Have the ability to read and write in the English language;
III. Have a high school diploma or its equivalent;
IV. Have completed training requirements established by the board; and
V. Meet other criteria as established by the board.
330-C:20 Criminal Record Checks.
I. Every applicant for initial licensure or certification or reinstatement shall submit to the board a notarized criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. If the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history record check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history record release form and fingerprint form to the division of state police which shall conduct a criminal history record check through its records and through the Federal Bureau of Investigation. Upon completion of the record check, the division of state police shall release copies of the criminal history record to the board.
IV. The board shall review the criminal history record information prior to making a decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
330-C:21 Applicants From Other States. The board may license any applicant who is licensed in any other state, provided the other state’s licensure requirements are substantially equivalent to or more stringent than those of this state.
330-C:22 Renewals.
I. Licenses and certifications shall be renewed every 24 months after initial licensure or certification upon payment of a fee and presentation of satisfactory proof of completion of continuing education requirements pursuant to RSA 330-C:24.
II. Licensees and certification holders shall have a grace period of 30 days after expiration in which to renew retroactively if they otherwise are entitled to have their licenses or certifications renewed and pay to the board the renewal fee and any late fee set by the board under rules adopted pursuant to RSA 541-A.
III. A suspended license or certification shall be subject to expiration and may be renewed as provided in this chapter, but such renewal shall not entitle the person, while the license or certification remains suspended and until it is reinstated, to engage in the activity, or in any other conduct or activity in violation of the order under which the license or certification was suspended.
IV. A license or certification revoked on disciplinary grounds shall be subject to expiration as provided in this chapter, and it may not be renewed. If such license or certification is reinstated after its expiration, the person, as a condition of reinstatement, shall pay a reinstatement fee that shall equal the renewal fee in effect on the last regular renewal date immediately preceding the date of reinstatement, plus any late fee set by the board.
V. If a license or certification expires or lapses as a result of the person being ordered to active duty with the armed services, the person shall have 90 days from the date of discharge or release from the armed service to apply for renewal and all late fees shall be waived.
330-C:23 Reinstatement.
I. An individual whose license or certification has lapsed by failure to renew under RSA 330-C:22 by the end of the 30-day grace period, may apply for reinstatement by meeting all requirements for renewal, or satisfying the following conditions:
(a) An individual who applies for reinstatement who does not meet the continuing education requirements shall demonstrate current alcohol and other drug use professional knowledge and skill, as defined in rules adopted by the board under RSA 541-A.
(b) For those persons applying for reinstatement following disciplinary action, compliance with all board requirements as well as any specific requirements set forth in the board’s discipline order.
II. Application for reinstatement of a license or certification which has lapsed shall include payment of a reinstatement fee and be made, and granted or denied, in accordance with rules adopted by the board pursuant to RSA 541-A.
330-C:24 Continuing Education.
I. As a prerequisite to renewal of licensure or certification, a licensee or certificate holder shall present satisfactory evidence to the board of having met the continuing education requirements of this chapter.
II. The continuing education requirement for renewal shall be:
(a) For master licensed alcohol and drug counselor and licensed alcohol and drug counselor, 48 hours of approved continuing education in the 24 months subsequent to the date of licensure or re-licensure.
(b) For licensed clinical supervisor, 6 hours of training in clinical supervision which may be incorporated into the hours needed for LADC re-licensure in the 24 months subsequent to the date of licensure or re-licensure.
(c) For certified recovery support workers, 12 hours of approved continuing education in the 24 months subsequent to the date of certification or re-certification.
330-C:25 Duty to Warn of Violent Acts of Client; Civil Liability.
I. Any person licensed or certified under this chapter has a duty to warn of, or to take reasonable precautions to provide protection from, a client’s violent behavior when the client has communicated to such person a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property.
II. The duty may be discharged by, and no monetary liability or cause of action shall arise against, any person licensed or certified under this chapter if the person makes reasonable efforts to communicate the threat to the victim or victims, notifies the police department closest to the client’s or potential victim’s residence, or obtains civil commitment of the client to the state mental health system.
III. No monetary liability and no cause of action may arise concerning client privacy or confidentiality against any person licensed or certified under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II.
330-C:26 Privileged Communications Between Licensees and Certificate Holders and Their Clients. A person licensed or certified under this chapter or an employee of such person, shall not disclose any confidential information that the licensee, certificate holder, or employee may have acquired while performing substance use counseling services for a patient unless in accordance with the federal regulation regarding the Confidentiality of Alcohol and Drug Abuse Patient Records pursuant to 42 C.F.R. section 2.1 et seq.
330-C:27 Disciplinary Action; Misconduct.
I. The board may undertake investigations and disciplinary proceedings:
(a) Upon its own initiative.
(b) Upon written complaint of any person which charges that a person has committed any acts of misconduct under this section and which specifies the grounds for such complaint.
II. All written complaints received by the board shall be recorded and contain the following information:
(a) Licensee’s or certificate holder’s name.
(b) Name of the complaining party.
(c) Date of complaint.
(d) Brief statement of complaint.
III. Misconduct sufficient to support disciplinary proceedings under this section includes:
(a) Violating any provision of this chapter or any substantive rule adopted under this chapter or order issued by the board.
(b) Engaging in the practice of substance use counseling or supervision in a manner harmful or dangerous to the client or public.
(c) The practice of fraud or deceit in procuring or attempting to obtain a license or certification under this chapter.
(d) Failing to obtain the continuing education credits necessary for renewal.
(e) Engaging in sexual relations, soliciting sexual relations, or committing an act of sexual abuse or sexual misconduct with a current client or with a person who was a client.
(f) Failing to remain free from the use of any controlled substance or any alcoholic beverage to the extent that the use impairs the ability of the licensee or certificate holder to conduct with safety to the public the practices authorized by this chapter.
(g) Conviction of a felony which has not been waived by the board.
(h) Having a disciplinary action pending in another state or territory of the United States or having a license in another state or territory of the United States under revocation, suspension, or probation.
(i) Failing to maintain confidentiality pursuant to RSA 330-C:26.
(j) Engaging in false or misleading advertising.
(k) Having a mental disability which significantly impairs professional ability or judgment and which is independently verified to the board.
(l) Failing to submit or adhere to a plan for compliance with the clinical supervision requirement for LADCs within the required timeframe.
IV. The board, after notice and a public hearing, or as part of a settlement hearing, may take disciplinary action against a licensee or certificate holder in any one or more of the following ways:
(a) Revocation of license or certificate.
(b) Suspension of license or certificate for a period of time as determined reasonable by the board.
(c) Censure.
(d) Issuance of a letter of reprimand.
(e) Placement on probationary status. The board may require the person to submit to any of the following:
(1) Regular reporting to the board concerning the matters which are the basis of the probation.
(2) Continuing professional education until a satisfactory degree of skill has been achieved in those areas which are the basis of probation.
(3) Submitting to the care, counseling, or treatment of a physician, counseling service, health care facility, professional assistance program, or any comparable person or facility approved by the board.
(4) Practicing under the direct supervision of another licensee for a period of time specified by the board.
(f) Refusal to renew a license or certification.
(g) Revocation of probation which has been granted by the board and imposition of any other discipline provided in this section if the requirements of probation have not been fulfilled or have been violated.
(h) Assessing administrative fines in amounts established by the board which shall not exceed $2,000 per offense, or in the case of a continuing offense, $250 for each day the violation continues.
V. The board may reinstate any person to good standing under this chapter if, after hearing, the board is satisfied that reinstatement is in the public interest.
VI. Upon the suspension or revocation of a license or certification issued under this chapter, a licensee or certificate holder shall surrender the license or certificate to the board.
330-C:28 Investigations and Hearings.
I. The board may investigate possible misconduct by licensees and certificate holders 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, without such an order. In either case, board investigations and the information gathered in 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 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.
II. The board may retain legal counsel, expert witnesses, special advisors, or other qualified persons to assist with any investigation or adjudicative proceeding.
III. The form taken by an investigation is a matter reserved to the discretion of the board. The board may conduct investigations on an ex parte basis.
IV.(a) The board may administer oaths or affirmations, preserve testimony, and, after consultation with an attorney employed by the state of New Hampshire, issue subpoenas for witnesses and for documents and things only in a formal investigation or an adjudicative hearing, except that subpoenas for medical records and pharmacy records, as provided in paragraph V, may be issued at any time.
(b) The board may serve a subpoena on any licensee or certificate holder of the board by certified mail, but shall serve a subpoena on any other person in accordance with the procedures and fee schedules required in 42 C.F.R. Part 2.
(c) Persons licensed or certified by the board shall not be entitled to a witness fee or mileage expenses for travel within the state, which are necessary to respond to a subpoena issued by the board.
(d) Any board-issued subpoena related to a board hearing or investigation shall be valid if annotated “Fees Guaranteed by the New Hampshire Board of Licensing for Alcohol and Other Drug Use Professionals.”
(e) A minimum of 48 hours’ notice shall be given for compliance with a subpoena issued under this chapter.
V. The board may at any time subpoena client records from its licensees or certificate holders, or other health care providers, or health care facilities licensed or certified in this state to the extent that the records sought are relevant to matters within the board’s regulatory authority. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the respondent’s current license or certificate, and shall require no witness or other fee. A minimum of 15 days’ advance notice shall be allowed for complying with a subpoena duces tecum issued under this paragraph.
VI. Complaints of misconduct shall be in writing and shall be treated as petitions for the commencement of a disciplinary hearing. The board shall determine whether a complaint alleges misconduct sufficient to support disciplinary proceedings. If the board determines that it does, the board shall forward a copy of the complaint to the person complained against within 5 business days of its determination. If the board determines that it does not, the board shall send the complainant a written notice of dismissal of the complaint. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement, the board may settle the allegations against the licensee or certificate holder without the consent of a complainant, provided that material facts are not in dispute.
VII. At any time during an investigation of a complaint, and without issuing a subpoena, the board may mail a copy of a complaint to the person named in the complaint, and may require in a written request that the licensee or certificate holder and his or her employer provide detailed and good faith written responses to allegations identified by the board and also provide copies of all records concerning any client identified in the complaint. The licensee or certificate holder and others receiving inquiries from the board shall respond within a reasonable time period of not less than 15 days as the board may specify. This procedure may also be used in connection with matters the board has undertaken to investigate on its own motion.
330-C:29 Hearings.
I. The board may hold adjudicative hearings concerning allegations of misconduct or other matters within the scope of this chapter. Such hearings shall be public proceedings. Any member of the board other than the public members, or any other qualified person appointed by the board, shall have authority to preside at such a hearing and to issue oaths or affirmations to witnesses.
II. The board shall give the respondent and the complainant, if any, at least 15 days’ written notice of the date, time, and place of a hearing, except as otherwise provided in this chapter. Such notice shall comply with RSA 541-A and include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written complaint or upon the board’s own motion, or both. If a written complaint is involved, the notice shall provide the complainant with a reasonable opportunity to intervene as a party. Such notice shall be sent by certified mail, return receipt requested, to the complainant and to the respondent at the address provided by the respondent currently on file at the board offices. Notice mailed in compliance with this section shall be deemed served.
III. The board may at any time dispose of allegations in a complaint, investigation, or disciplinary hearing by settlement, default, or consent order, by issuing an order of dismissal for failing to state a proper basis for disciplinary action, or by summary judgment order based upon undisputed material facts. In disciplinary hearings, the board may hold prehearing conferences which shall be exempt from the provisions of RSA 91-A, but any final disciplinary action or decision which occurs without holding a public hearing shall be publicly released at the time it is served upon the parties.
IV. Final disciplinary actions and other adjudicative decisions made by the board shall be in writing and served upon the parties. Such decisions shall not be released to the public until they are served upon the parties.
V. Any person appearing at a board hearing or investigation may be represented by legal counsel or other representative, but the board shall have no obligation or authority to appoint or provide such representation.
VI. The board shall hear any complaint not resolved at or prior to a prehearing conference.
VII. In the case of sanctions for discipline in another jurisdiction, the decision of the other jurisdiction’s disciplinary authority may not be collaterally attacked and the board may impose any of the sanctions set forth in this chapter, but shall provide notice and an opportunity to be heard if it intends to impose sanctions above those imposed by the other jurisdiction.
330-C:30 Rehearing; Appeals.
I. Any person who has been refused a license or certification by the board or has been disciplined by the board shall have the right to petition for a rehearing within 30 days after the original decision.
II. Appeals from a decision on rehearing shall be by appeal pursuant to RSA 541.
III. No sanction shall be stayed by the board during an appeal.
330-C:31 Unlawful Acts. It shall be unlawful for any person or entity to:
I. Practice as a licensee without a license or when the license to do so has been revoked or suspended or when the license to do so has lapsed.
II. Represent oneself in any way or use, in connection with the individual’s name, any designation tending to imply licensure as an alcohol and drug counselor or clinical supervisor or certification as a recovery support worker unless so licensed or certified.
III. Represent or imply that the person or entity is conducting an alcohol and drug use counseling education program which has been approved by the board when the program has not been so approved.
IV. Disclose, solicit, or compile information regarding the contents of any licensing examinations relative to this chapter, except as authorized by the board.
330-C:32 Penalty. Any person convicted of violating RSA 330-C:31 shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.
330-C:33 Exemptions.
I. The provisions of this chapter shall not apply to the following individuals:
(a) Qualified members of other professions or occupations, including those currently licensed under RSA 330-A, including psychologists, clinical social workers, mental health counselors, marriage and family therapists, and pastoral counselors, and also including school guidance counselors, engaging in practices similar in nature to substance use counseling provided that they are authorized by the laws of this state to engage in such practices and do not represent themselves as “licensed alcohol and drug counselors” or “licensed clinical supervisors.”
(b) Students or counselors engaged in entry-level internships in a licensed or certified facility and counselors working toward licensure in a licensed or certified facility, provided that the student or counselor is practicing as part of supervised work or course of study and designated by such titles as “counselor intern,” “counselor,” or other title clearly indicating training status.
II. Nothing in this section shall be construed to prevent members of the clergy, or peer groups or self-help groups from performing peer counseling or self-help activities which may be, wholly or in part, included as a defined professional service. However, no members of a peer group or self-help group shall use a title stating or implying that they are a licensed alcohol and drug counselor or a licensed clinical supervisor.
189:2 Status of Current Licensees.
I. Any person who on the effective date of this act holds a license as a licensed alcohol and drug counselor, and a master’s degree with any number of hours in an appropriate field, and meets all other requirements for licensure as a master licensed alcohol and drug use counselor, shall be eligible for licensure by the board as a master licensed alcohol and drug use counselor.
II. Any person who on the effective date of this act holds a license as a licensed alcohol and drug counselor, and is engaged in independent practice, shall be permitted to continue to engage in such practice upon participating in peer collaboration requirements as required by the board in addition to all continuing education requirements for licensure as a licensed alcohol and drug use counselor.
189:3 Transition; Board Membership; Rules.
I. Board of licensing for alcohol and other drug abuse professionals members serving immediately prior to the effective date of this act shall continue to serve until the expiration of their appointed term. Upon any vacancy, subsequent appointments shall comply with the requirements of RSA 330-C as enacted by this act.
II. During the first 5 years after the effective date of this act, licensees who held licensed alcohol and drug counselor licenses and had a master’s degree in one of the fields of study designated in RSA 330-C:16, I, shall be eligible for appointment as a master licensed alcohol and drug use counselor member of the board.
III. All rules adopted by the board of licensing for alcohol and other drug abuse professionals and in effect on the effective date of this act shall remain in effect until repealed, amended, expired, or superceded.
189:4 Effective Date. This act shall take effect July 1, 2008.
Approved: June 11, 2008
Effective Date: July 1, 2008