Bill Details - SB487 (2018)

CHAPTER 364

SB 487 - FINAL VERSION

 

03/21/2018   1098s

2May2018... 1750h

05/23/2018   1978CofC

05/23/2018   2111EBA

 

2018 SESSION

18-2945

10/05

 

SENATE BILL 487

 

AN ACT relative to requirements for certain alcohol and other drug use professionals and establishing a state substance use disorder treatment services program.

 

SPONSORS: Sen. Feltes, Dist 15; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Cavanaugh, Dist 16; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Lasky, Dist 13; Sen. Watters, Dist 4; Rep. M. MacKay, Hills. 30

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill establishes a state substance use disorder treatment services program in the department of health and human services,  adds a certified recovery support worker on the board of licensing for alcohol and other drug use professionals, and modifies the requirements for licensure as a clinical social worker, clinical mental health counselor, or  marriage and family therapist.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/21/2018   1098s

2May2018... 1750h

05/23/2018   1978CofC

05/23/2018   2111EBA 18-2945

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to requirements for certain alcohol and other drug use professionals and establishing a state substance use disorder treatment services program.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

364:1  Short Title.  This act shall be known as the behavioral health workforce development act of 2018.

364:2  Chapter Title; New Hampshire Substance Use Disorder Services System.  Amend the chapter title of RSA 172 to read as follows:

CHAPTER 172

[STUDY, TREATMENT AND CARE OF INEBRIATES]

NEW HAMPSHIRE SUBSTANCE USE DISORDER SERVICES SYSTEM

364:3  State Services System Established.  Amend RSA 172:2-a to read as follows:

172:2-a  [Program Established] State Substance Use Disorder Services System Established.  The commissioner shall provide for the scientific care, treatment, and rehabilitation of [alcohol and drug abusers] individuals with substance use disorders and their families, and work towards the prevention of, and assist in the control of, alcohol and drug [abuse] misuse within the state through education, treatment, community organization, and research.  The department shall establish, maintain, implement, and coordinate a system of substance use disorder treatment services under this chapter.  This system shall be supervised by the commissioner.  With the exception of a youth drug treatment center required to be operated by a non-governmental entity at the Sununu youth services center, at the discretion of the commissioner, the department may directly operate and administer any program or facility which provides, or which may be established to provide, services to persons with substance use disorders or may enter into a contract with any individual, partnership, association, public or private, for profit or nonprofit, agency or corporation for the operation and administration of any such program or facility.

364:4  New Section; Community Substance Use Disorder Treatment Programs.  Amend RSA 172 by inserting after section 2-b the following new section:

172:2-c  Community Substance Use Disorder Treatment Programs.  Any city, county, town, or any individual, partnership, association, public or private, for profit or nonprofit, agency or corporation may establish and administer a community substance use disorder treatment program for the purpose of providing substance use disorder treatment services to individuals, families, and organizations in the area.  Every program shall, at a minimum, provide substance use disorder screening and evaluation, case management, and outpatient counseling services.  The department may contract with a community substance use disorder treatment program, pursuant to RSA 172:2-a, for the operation and administration of any services that are part of the state substance use disorder treatment system.  In the event that the commissioner decides to enter into a contract for the operation and administration of any services which are part of the state substance use disorder treatment system, the contract shall contain standards designed to measure the performance of the contractor in achieving positive consumer outcomes, maintaining fiscal integrity, and providing quality services.  The commissioner shall adopt rules, pursuant to RSA 172:8-b, to establish criteria for designating substance use disorder treatment programs under this chapter.

364:5  Board of Licensing for Alcohol and Other Drug Use Professionals.  Amend RSA 330-C:3 to read as follows:

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, one certified recovery support worker, and [2 members] one member 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 CRSW member shall be a resident of this state, certified in good standing under the provisions of this chapter, and currently engaged in the practice of the profession, and shall have no fewer than 3 years of experience as a CRSW, at least 2 of which shall have immediately preceded appointment.

[ IV.] V.  The public [members shall have been residents] member shall be a resident of this state for at least one year who [are] has not, and has never [have] been, licensed or certified under the provisions of this chapter or the spouse of a licensee or certificate holder under this chapter.  The public [members] member 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.] VI. 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.] VII.  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.] VIII. 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.] IX.  The board shall elect a chairperson annually from among its membership.  Four members of the board shall constitute a quorum.

[IX.] X.  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.] XI.  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.] XII. 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.] XIII.  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 executive director of the office of professional licensure and certification.  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.] XIV.  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.] XV.  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.] XVI.  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.

364:6  Clinical Social Worker; Licensure.  Amend RSA 330-A:18, III to read as follows:

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 by a board approved  licensed independent clinical social worker or licensed clinical mental health counselor supervisor, or any other supervisor based on reasonable and specific criteria established in rules adopted under RSA 330-A:10.

364:7  Clinical Mental Health Counselor; Licensure.  Amend RSA 330-A:19, III to read as follows:

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 by a board approved licensed independent clinical social worker or licensed clinical mental health counselor supervisor, or any other supervisor based on reasonable and specific criteria established in rules adopted under RSA 330-A:10.

364:8  New Paragraph; Mental Health Practice; Applicants from Other States.  Amend RSA 330-A:26 by inserting after paragraph II the following new paragraph:

III.  The board shall waive provisions of this chapter requiring supervised work experience and practical training and grant a license as a clinical social worker, clinical mental health counselor, marriage and family therapist, or pastoral psychotherapist to any applicant who presents proof of active licensed practice, in good standing, in another jurisdiction of the United States for a period of 5 years or more.

364:9  Alcohol and Other Drug Use Professionals; Applicants from Other States.  Amend RSA 330-C:21, IV to read as follows:

IV.  The board [may] shall waive provisions of this chapter requiring supervised work experience and practical training and grant a license as a licensed alcohol and drug counselor or master licensed alcohol and drug counselor to any applicant who presents proof of active licensed practice, in good standing, in another jurisdiction of the United States for a period of [10] 5 years or more.

364:10  Rulemaking; CRSW Supervisors.  Amend RSA 330-C:9, III to read as follows:

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 and certified recovery support worker supervisors.

364:11  Rulemaking Required.  The commissioner of the department of health and human services shall undertake rulemaking ensuring hours completed pursuant to RSA 330-A:18, III and RSA 330-A:19, III shall be eligible for Medicaid reimbursement, to the extent not already eligible in effective rules.

364:12  Effective Date.

I.  Section 6-11 of this act shall take effect 90 days after its passage.

II.  The remainder of this act shall take effect upon its passage.

 

Approved: July 02, 2018

Effective Date:

I. Sections 6-11 shall take effect September 30, 2018.

II. Remainder shall take effect July 2, 2018.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Health and Human Services; SJ 1
Jan. 25, 2018 Hearing: 01/25/2018, Room 101, LOB, 09:15 am; SC 4
March 21, 2018 Committee Report: Ought to Pass with Amendment # 2018-1098s, 03/21/2018; SC 13
March 22, 2018 Committee Report: Ought to Pass with Amendment # 2018-1098s, 03/22/2018; SC 13
March 21, 2018 Committee Amendment # 2018-1098s, AA, VV; 03/21/2018; SJ 9
March 21, 2018 Ought to Pass with Amendment 2018-1098s, RC 22Y-0N, MA; OT3rdg; 03/21/2018; SJ 9
March 22, 2018 Introduced 03/22/2018 and referred to Executive Departments and Administration HJ 10 P. 53
April 11, 2018 Public Hearing: 04/11/2018 02:15 PM LOB 306
April 17, 2018 Subcommittee Work Session: 04/17/2018 09:00 AM LOB 308
April 24, 2018 Subcommittee Work Session: 04/24/2018 09:30 AM LOB 306
April 24, 2018 Executive Session: 04/24/2018 LOB 306
May 2, 2018 Committee Report: Ought to Pass with Amendment # 2018-1750h (NT) for 05/02/2018 (Vote 19-0; CC) HC 17 P. 6
Committee Report: Ought to Pass with Amendment # 2018-1750h (NT) (Vote 19-0; CC)
May 2, 2018 Amendment # 2018-1750h: AA VV 05/02/2018
May 2, 2018 Ought to Pass with Amendment 1750h: MA VV 05/02/2018
May 10, 2018 Sen. Bradley Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 05/10/2018; SJ 17
May 10, 2018 President Appoints: Senators Bradley, Gray, Feltes; 05/10/2018; SJ 17
May 10, 2018 House Accedes to Senate Request for CofC (Rep. McGuire): MA VV 05/10/2018
May 10, 2018 Speaker Appoints: Reps. Beaudoin, Schultz, Sytek, Hansen 05/10/2018
May 14, 2018 Committee of Conference Meeting: 05/14/2018, 01:00 pm, Room 100, SH
May 17, 2018 Conference Committee Report # 2018-1978c Filed 05/17/2018; House Amendment + New Amendment
May 23, 2018 Conference Committee Report 1978c: Adopted, VV 05/23/2018
May 23, 2018 Conference Committee Report # 2018-1978c, Adopted, VV; 05/23/2018; SJ 18
May 23, 2018 Enrolled Bill Amendment # 2018-2111e: AA VV 05/23/2018
May 23, 2018 Enrolled Bill Amendment # 2018-2111e Adopted, VV, (In recess of 05/23/2018); SJ 18
May 23, 2018 Enrolled 05/23/2018
May 23, 2018 Enrolled (In recess 05/23/2018); SJ 18
July 2, 2018 Signed by the Governor on 07/02/2018; Chapter 0364
Sept. 30, 2018 I. Section 6-11 Effective 09/30/2018
July 2, 2018 II. Remainder shall take effect 07/02/2018

Action Dates

Date Body Type
Jan. 25, 2018 Senate Hearing
March 22, 2018 Senate Floor Vote
March 21, 2018 Senate Floor Vote
April 11, 2018 House Hearing
April 24, 2018 House Exec Session
House Floor Vote
May 2, 2018 House Floor Vote
May 17, 2018 House Floor Vote
May 23, 2018 House Floor Vote
May 23, 2018 Senate Floor Vote

Bill Text Revisions

SB487 Revision: 2813 Date: Dec. 20, 2017, 1:24 p.m.
SB487 Revision: 3316 Date: March 22, 2018, 1:20 p.m.
SB487 Revision: 3663 Date: May 2, 2018, 11:35 a.m.
SB487 Revision: 3943 Date: June 6, 2018, 12:30 p.m.
SB487 Revision: 4293 Date: July 5, 2018, 8:49 a.m.