2009 SESSION
10/04
HOUSE BILL 410
AN ACT relative to the licensing of alcohol and drug counselors.
SPONSORS: Rep. Harding, Graf 11; Rep. Butynski, Ches 4; Rep. Millham, Belk 5; Rep. Taylor, Graf 2
COMMITTEE: Executive Departments and Administration
This bill authorizes qualified master licensed alcohol and drug use counselors to practice co-occurring disorder counseling and makes various technical changes to the regulation of alcohol and drug counselors by the board of licensing for alcohol and other drug use professionals.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0564
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to the licensing of alcohol and drug counselors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition; Continuing Education. Amend RSA 330-C:2, VIII to read as follows:
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.
2 Definition; Master Licensed Alcohol and Drug Counselor. Amend RSA 330-C:2, VIII to read as follows:
XV. “Master licensed alcohol and drug counselor,” or MLADC, means an individual licensed by the board to practice substance use and co-occurring disorder counseling who meets the qualifications set forth in this chapter.
3 Definitions; Peer Collaboration; Practice of Substance Use Counseling. Amend RSA 330-C:2, XVII and XVIII to read as follows:
XVII. “Peer collaboration” means ongoing regularly occurring clinical consultation with, or small group meetings among, MLADCs, LADCs or [mental health, nursing or other medical professionals with expertise in alcohol and drug treatment] licensees of the board of nursing, the board of mental health practice, or the board of medicine, with expertise in substance use and co-occurring disorder counseling, 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 disorders 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.
4 Definition; Supervised Practical Training. RSA 330-C:2, XX is repealed and reenacted to read as follows:
XX. “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 substance use counseling.
5 Definition; Work Experience. Amend RSA 330-C:2, XXI to read as follows:
XXI. “Work experience” means paid or voluntary experience under clinical supervision with a primary focus on utilizing alcohol and other drug use treatment[,] or intervention[, or prevention] theories, techniques, or methodologies.
6 Powers and Duties of the Board. Amend RSA 330-C:5, I to read as follows:
I. Examine applicants for licensure, license, and renew licenses of duly qualified individuals, and issue and renew certifications for individuals duly qualified to be recovery support workers.
7 Fees; Late Renewal. Amend RSA 330-C:8, I to read as follows:
I. The board shall charge fees for the application, issuance, renewal, late 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.
8 Rulemaking. Amend RSA 330-C:9 to read as follows:
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 without limitation:
(a) The issuance of [such] LADC licenses to applicants holding a currently valid license or other authorization to practice substance use counseling in another jurisdiction;
(b) The issuance of MLADC licenses to applicants holding a currently valid license or other authorization to practice substance use counseling and co-occurring disorder counseling in another jurisdiction;
(c) The issuance of such licenses to applicants holding a current license issued by the board of nursing or the board of medicine; and
(d) The issuance of an MLADC license under RSA 330-C:16.
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 the issuance of certification, renewal of certification, and reinstatement 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.
V-a. The process for approval of individuals engaged in clinical supervision.
V-b. The requirements for clinical supervision and the documentation of clinical supervision hours.
VI. The administration of examinations authorized by this chapter, and, if rules on the topic are determined by the board to be necessary, 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] substance use counseling and co-occurring disorder 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. If rules on the topic are determined by the board to be necessary, testing procedures to be used by the board.
XIII. The requirements for peer collaboration and the documentation of peer collaboration hours.
XIV. Standards for the waiver of a felony conviction by the board under 330-C:27, III(f), and for determinations of whether an applicant has made sufficient restitution or been rehabilitated under RSA 330-C:15, I(e).
XV. If rules on the topic are determined by the board to be necessary, determinations of equivalent academic fields for initial MLADC licensure or initial LADC licensure.
9 Master Licensed Alcohol and Drug Counselors; Scope of Practice; Co-Occurring Disorders. RSA 330-C:10 is repealed and reenacted to read as follows:
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 co-occurring disorders only within the context of addressing substance use disorders. The practice of alcohol and drug counseling and co-occurring disorder counseling includes the following performance areas which encompass the 12 core functions and practice dimensions of addiction counseling:
(a) The performance of clinical evaluations including the screening, assessment, and diagnosis of substance use disorders and mental health disorders when they are co-occurring with a substance use disorder, and the performance of differential diagnoses;
(b) The performance of treatment planning, case management, consultation, education, documentation, and client advocacy;
(c) The performance of counseling including:
(1) Individual, group, family, and significant other counseling;
(2) Crisis prevention and intervention;
(3) Co-occurring disorder counseling with the use of integrated models of assessment, intervention, and counseling techniques within the context or treatment of a substance use disorder.
(d) Adherence to professional and ethical standards as determined by the board.
II. A MLADC may engage in independent practice within the scope of practice in this section only with clinical supervision or peer collaboration.
III. A MLADC shall provide services only within the boundaries of his or her competence, based upon education, training, clinically supervised work experience, consultation, study, or professional experience.
10 Title. Amend RSA 330-C:14, I to read as follows:
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.
11 Applicant Requirements. Amend RSA 330-C:15, I to read as follows:
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, or complaints made to or dispositions made by licensing or certification boards;
(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;] Have committed none of the following, unless the board finds that the applicant has made sufficient restitution or been rehabilitated:
(1) Fraud or deceit in procuring or attempting to procure a license, certification, or other authorization to practice substance use counseling or treatment in this or another state or territory of the United States;
(2) Sexual relations with, solicitation of sexual relations with, or sexual abuse of, a client or past client;
(3) Failure to remain free from the use of a controlled substance or alcohol to the extent that use impairs the ability to conduct with safety to the public the practices authorized by this chapter;
(4) Conviction of a felony not waived by the board;
(5) An act or omission causing another state or territory of the United States to revoke or suspend a license, certification, or other authorization to practice substance use counseling or treatment or to discipline the person authorized to practice by placing him or her on probation;
(6) Failure to maintain confidentiality as described in RSA 330-C:26; and
(7) False or misleading advertising;
(f) Have no mental disability that affects professional ability or judgment to the extent that it impairs the ability to conduct with safety to the public the practices authorized by this chapter, unless the board finds that measures have been taken to control the effects of the disability;
[(f)] (g) Meet education requirements for new applicants and continuing education requirements for renewals and reinstatements, as established by the board; and
[(g)] (h) Meet other criteria as established by the board.
12 Master Licensed Alcohol and Drug Counselor. Amend RSA 330-C:16, I-III to read as follows:
I. Have graduated with a minimum graduate degree of a 60-hour masters degree 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. An applicant who graduated with a masters degree in a discipline described in this paragraph but whose degree is less than 60 hours may fulfill the requirement by completing the necessary additional hours of masters level course work as determined by the board pursuant to RSA 330-C:9, I(c).
II. Either hold a current LADC license or pass the testing procedures required under RSA 330-C:17, II.
II-a. Either hold a current license issued by the board of mental health practice or pass the examination approved by the board of licensing for alcohol and other drug use professionals to demonstrate competence to provide co-occurring disorder counseling within the context of substance use counseling.
III. Complete [4,000] 3,000 hours of clinically supervised post-masters degree work experience in [alcohol and other drug disorders] the treatment of substance use and co-occurring disorders. Up to [1,000] 1,500 hours of clinically supervised [hours of] work 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] 3,000 hours. A current license issued by the board of mental health practice may be substituted for [2,000] 1,500 hours of the required 3,000 hours of clinically supervised work experience.
13 Licensed Alcohol and Drug Counselor. RSA 330-C:17, I is repealed and reenacted to read as follows:
I.(a) Have graduated with an associate’s degree in substance use counseling, addiction studies, or equivalent program, obtained 270 hours of alcohol and drug use education within the degree-granting program or separately, completed 6,000 hours of supervised work experience, and completed 300 hours of supervised practical training within the degree-granting program, as part of the supervised work experience or separately; 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, obtained 270 hours of alcohol and drug use education within the degree-granting program or separately, completed 4,000 hours of supervised work experience, and completed 300 hours of supervised practical training within the degree-granting program, as part of the supervised work experience or separately.
14 Licensed Clinical Supervisor. Amend RSA 330-C:18, III and IV to read as follows:
III. Have 4,000 hours of experience as a clinical supervisor supervising professionals providing alcohol and drug counseling, which hours [my] may be accumulated by the applicant as part of the experience requirements in paragraph II;
IV. Have received 200 hours of face-to-face clinical supervision;
15 Applicants from Other States. Amend RSA 330-C:21 to read as follows:
330-C:21 Applicants From Other States. The board may license or issue a certification to any applicant who is licensed or certified in any other state, provided the other state’s [licensure] requirements are substantially equivalent to or more stringent than those of this state.
16 Renewals. Amend RSA 330-C:22, III and IV to read as follows:
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. If a suspended 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.
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.]
17 Continuing Education Requirements. Amend RSA 330-C:24, II to read as follows:
II. The continuing education [requirement] requirements for renewal shall be:
(a) For master licensed alcohol and drug [counselor] counselors and licensed alcohol and drug [counselor] counselors, 48 hours of approved continuing education in the 24 months subsequent to the date of licensure or re-licensure.
(b) For licensed clinical [supervisor] supervisors, 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.
18 Disciplinary Action; Misconduct. Amend RSA 330-C:27, III and IV to read as follows:
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] procure a license [or], certification [under this chapter], or other authorization to practice substance use counseling or treatment in this or another state or territory of the United States.
(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)] (e) 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)] (f) Conviction of a felony which has not been waived by the board.
[(h)] (g) [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.] An act or omission causing another state or territory of the United States to revoke or suspend a license, certification or other authorization to practice substance use counseling or treatment or to discipline the person authorized to practice by placing him or her on probation.
[(i)] (h) Failing to maintain confidentiality pursuant to RSA 330-C:26.
[(j)] (i) Engaging in false or misleading advertising.
[(k)] (j) Having a mental disability which significantly impairs professional ability or judgment [and which is independently verified to the board] to the extent that it impairs the ability to conduct with safety to the public the practices authorized by this chapter, unless the board finds that measures have been taken to control the effects of the disability.
[(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 as 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.
19 Unlawful Acts. Amend RSA 330-C:31, I to read as follows:
I. Practice as a licensee or certificate holder without a license or certification, as applicable, or when the license or certification to do so has been revoked or suspended or when the license or certification to do so has lapsed.
20 Exemptions. Amend RSA 330-C:33 to read as follows:
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,” or “certified recovery support workers.”
(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, or a certified recovery support worker.
21 Repeal. RSA 330-C:2, VII, relative to the definition of clinically supervised, is repealed.
22 Effective Date. This act shall take effect 60 days after its passage.