SB 348-FN – AS AMENDED BY THE SENATE
02/21/08 0594s
2008 SESSION
08/05
SENATE BILL 348-FN
COMMITTEE: Executive Departments and Administration
This bill:
I. Establishes a state board of forensic counselors.
II. Establishes a voluntary certification program for certified counselors and clinically certified forensic counselors.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/21/08 0594s
08-2825
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the certification of forensic counselors by the board of forensic counselors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Forensic Counselors. Amend RSA by inserting after chapter 611-B the following new chapter:
CHAPTER 611-C
FORENSIC COUNSELORS
611-C:1 Definitions. In this chapter:
I. “Certified forensic counselor” means any person certified under this chapter who offers assessment, evaluation, and counseling services, in return for compensation, to any person who is arrested or convicted of a felony or misdemeanor.
II. “Consulting” means interpreting or reporting scientific fact or theory in counseling and providing assistance to the criminal justice system, legal profession, corrections, individuals, groups, or organizations in solving problems related to criminal behaviors.
III. “Forensic counseling” means:
(a) Applying scientific principles to questions and issues relating to law, the legal system, and the adversary process through assessment, consultation, diagnosis, treatment planning, and counseling;
(b) Developing an understanding of criminals, criminal behavioral problems, and chronic criminal offenses;
(c) Preventing, diagnosing, and treating developmental, emotional, or behavioral problems, which cause criminal behavior;
(d) Conducting assessment and diagnoses for the purpose of establishing treatment, treatment goals, and objectives for offenders; and
(e) Planning, implementing, or evaluating treatment plans using professional counseling treatment interventions.
IV. “Supervised work experience” means voluntary or paid work experience in which counseling or education services are provided to offenders preferably under the supervision of a clinically certified forensic counselor or a licensed professional in the department of health and human services.
611-C:2 Board.
I. There is hereby established a board of forensic counselors, consisting of the following members:
(a) Four members appointed by the governor with the consent of the council, who shall be members of the board of the New Hampshire chapter of the American Board of Forensic Counselors.
(b) One member of the public, appointed by the governor with the consent of the council.
II. The board shall elect its own chairperson every 2 years by a majority vote.
611-C:3 Fees. The board may establish fees under RSA 541-A for applications, certification, conditional certification, renewal of certification, temporary renewal of certification, and reinstatement of certification.
611-C:4 Certified Forensic Counselors.
I. Any person who practices and specializes in forensic counseling and provides services to criminal offenders may obtain certification as a certified forensic counselor (CFC) or clinically certified forensic counselor.
(a) To qualify as a certified forensic counselor a person shall either:
(1) Hold a bachelor’s degree and meet the credentialing requirements set by National Association of Forensic Counselors; or
(2) Hold a high school diploma and currently have 5 years experience working in the field of forensic counseling and meet the requirements of RSA 611-C:5, I(c) and (d).
(b) To qualify as a clinically certified forensic counselor a person shall hold a master’s degree or be licensed in a behavioral science or related field and meet the credentialing requirements set by the National Association of Forensic Counselors.
(c) Both a certified forensic counselor and a clinically certified forensic counselor shall pass a written examination based on national standards established by the National Association of Forensic Counselors and its certification commission, the American College of Certified Forensic Counselors.
(d) A certified forensic counselor and a clinically certified forensic counselor shall:
(1) Provide 3 letters of recommendation from licensed professionals attesting to forensic counseling competence, ethics, and character. One of those letters shall be from a past or present supervisor.
(2) Complete both a state and a national criminal background check. If the applicant has previously been convicted of a sexual or violent offense, the New Hampshire board of forensic counselors shall conduct a review and determine the suitability of the applicant.
(3) Have completed at least 2 years or 4,000 hours, of full-time supervised work experience with criminal offenders within the past 5 years.
(4) Have successfully completed at least 290 hours of education related to forensic counseling, and its theory, practice, or research.
(5) Have successfully completed at least 500 hours of supervised experience and practicum in treating criminal offenders.
(6) Have successfully completed 270 hours of alcohol and drug abuse education.
(7) Have successfully completed 24 hours of education in legal issues and ethics pertaining to criminal justice and correctional clients.
(8) Have completed 50 hours of education or completed the department of health and human services, division of public health services STD/HIV prevention program in recognizing and working with clients who are at risk for HIV/AIDS and sexually transmitted diseases.
(e) A person working with criminal offenders in a defined capacity without receiving the appropriate certification from the state board may continue to do so, but shall not:
(1) Represent himself or herself by the title “certified forensic counselor” or “clinically certified forensic counselor”;
(2) Use the title “certified forensic counselor” or “clinically certified forensic counselor” or any other name, style, or description denoting that the person is certified as a forensic counselor;
(3) Advertise or otherwise offer to perform forensic counseling or related forensic services as a certified forensic counselor or clinically certified forensic counselor.
II. Failure to renew a certification shall result in the forfeiture of the rights and privileges granted by the certification.
III. A person presently practicing as a National Association of Forensic Counselors certified forensic counselor or clinically certified forensic counselor shall be awarded a state certification upon the effective date of this act.
2 Effective Date. This act shall take effect July 1, 2008.
LBAO
08-2825
Amended 03/10/08
SB 348 FISCAL NOTE
AN ACT relative to the certification of forensic counselors by the board of forensic counselors.
FISCAL IMPACT:
The Department of Health and Human Services, and Department of Justice state this bill, as amended by the Senate (Amendment #2008-0594s), will have no fiscal impact on state, county, and local revenue or expenditures.
METHODOLOGY:
The bill establishes a state board of forensic counselors which would consist of four members of the board of the New Hampshire chapter of the American Board of Forensic Counselors, and one member of the public. All members would be appointed by the Governor with the consent of the Executive Council. The bill would establish a voluntary certification program for certified counselors and clinically certified forensic counselors, and grant the board authority to establish fees through rulemaking. The bill does not mention compensation for the board, appropriate funds, or establish new positions. To the extent the board establishes fees, and receives applicants for voluntary certification, it can be assumed that state general fund revenue would increase. However, any such revenue would be the result of rules adopted through the administrative rules process, and not directly result from passage of this bill. Both the Department of Health and Human Services, and the Department of Justice state this bill would have no fiscal impact on their Departments.