Revision: Feb. 19, 2010, midnight
02/10/10 0459s
02/17/10 0617s
2010 SESSION
10/05
SENATE BILL 463-FN
AN ACT relative to regulation of mental health practitioners by the board of mental health practice.
SPONSORS: Sen. Sgambati, Dist 4; Rep. Merry, Belk 2
COMMITTEE: Health and Human Services
AMENDED ANALYSIS
This bill makes changes to the regulation of mental health practice, including the experience required for clinical mental health counselors and clinical social workers, the reinstatement of expired licenses, placement of licenses on inactive status, and the creation of a professional conduct investigator committee.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/17/10 0617s
02/10/10 0459s
10-2825
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to regulation of mental health practitioners by the board of mental health practice.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Board of Mental Health Practice; Chairperson. 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 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] more than 2 years consecutively.
2 Advisory Committees. Amend RSA 330-A:4 to read as follows:
330-A:4 [Advisory] Committees Established; Duties.
I. The board shall create an advisory 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 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 at least 2 persons and no more than 4 persons licensed in the mental health discipline of that committee.
I-a. The board shall create a professional conduct investigator committee for the purpose of assisting the board in its responsibilities under RSA 330-A:28 and RSA 330-A:29. The board investigator shall serve as the chair of the professional conduct investigator committee. The balance of the membership of the professional conduct investigator committee shall be composed of at least one person from each profession licensed by the board.
II. [Advisory] Committee 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] 2 consecutive, [2-year] 3-year terms.
III. The board shall not form any standing committees other than those specified in this chapter.
3 Compensation. Amend RSA 330-A:7 to read as follows:
330-A:7 Compensation; Expenses. Members of the board 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.
4 Organization and Meetings; Acting Board members. Amend RSA 330-A:9, II to read as follows:
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 or when a particular profession cannot be represented in an adjudicatory hearing.
5 Rulemaking; Reinstatements and Inactive Status. Amend RSA 330-A:10, V to read as follows:
V. How a license shall be renewed, reinstated, or placed on inactive status.
6 Mental Health Practice; Fees. RSA 330-A:12 is repealed and reenacted to read as follows:
330-A:12 Fees. The board shall establish fees pursuant to RSA 541-A for review of applicants for licensure; supervisory agreements; applications for licensed psychologist, pastoral psychotherapist, independent clinical social worker, clinical mental health counselor, and marriage and family therapist; renewal of license; renewal of dual license; reinstatement of license; inactive license status; reactivation of an inactive license; examination of applicants; transcribing and transferring records; and other services, including investigations and hearings conducted under this chapter.
7 Clinical Social Workers; Experience. Amend RSA 330-A:18, III to read as follows:
III. Has [had 2 years or] completed a minimum of 2 years of post-masters experience including completion of a minimum of 3,000 hours of [paid,] post-masters, supervised clinical experience.
8 Mental Health Practice; Clinical Mental Health Counselors. RSA 330-A:19 is repealed and reenacted to read as follows:
330-A:19 Clinical Mental Health Counselors. The board shall issue a clinical mental health counselor license to any person who meets all of the following requirements or their equivalent:
I. Has a 60 credit master’s or doctoral degree in clinical mental health counseling from a Council for Accreditation of Counseling and Related Educational Programs (CACREP) accredited institution or its equivalent and which has received regional accreditation from the Association of Secondary Schools and Colleges.
II. Has passed the clinical mental health counselor’s examination of the National Board of Certified Counselors, Inc.
III. Has completed a minimum of 2 years of post-masters experience including completion of a minimum of 3,000 hours of post-masters, supervised clinical experience.
9 Licenses; Reinstatement and Inactive Status Added. Amend RSA 330-A:31 to read as follows:
330-A:31 Expirations [and], Renewals, Reinstatements, and Inactive Status. Licenses shall be valid for a period of 2 years and shall become invalid on the expiration date unless renewed. It shall be the duty of the board to notify every person licensed by the board under this chapter of the date of expiration of the license and the amount of the fee that shall be required for its renewal for 2 years. Such notice shall be mailed at least 2 months in advance of the date of expiration of such license. Renewal shall be conditional upon filing a timely and complete renewal application and payment of the fee as set by the board. If a license is not renewed it may be reinstated not later than 6 months after the date of license expiration upon payment of the fee and compliance with rules adopted by the board. A license may be placed on inactive status pursuant to rules adopted by the board.
10 Effective Date. This act shall take effect July 1, 2010.
LBAO
10-2825
12/28/09
SB 463-FN - FISCAL NOTE
AN ACT relative to regulation of mental health practitioners by the board of mental health practice.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2010 through 2014.