Revision: Dec. 20, 2017, 1:24 p.m.
SB 487 - AS INTRODUCED
2018 SESSION
18-2945
10/05
SENATE BILL 487
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2945
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act shall be known as the behavioral health workforce development act of 2018.
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
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 work towards the prevention of, and assist in the control of, alcohol and drug [abuse] use 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. 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 disorder 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.
4 New Section; Community Substance Use Disorder Treatment Programs. Amend RSA 172 by inserting after section 2-a the following new section:
172:2-b Community Substance Use Disorder Treatment Programs. Any city, county, town, or nonprofit corporation may establish and administer a community substance use disorder treatment program for the purpose of providing substance use disorder treatment services to individuals 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.
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, 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 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 under the provisions of this chapter or the spouse of a licensee 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.
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 LICSW, MLADC, or LCMHC supervisor. The board shall adopt rules pursuant to RSA 330-A:10, establishing criteria for supervisor approval.
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 LCMH, MLADC, or LICSW supervisor. The board shall adopt rules pursuant to RSA 330-A:10, establishing criteria for supervisor approval.
8 Marriage and Family Therapist; Licensure. Amend RSA 330-A:21, III to read as follows:
III. Has completed a minimum of [2 years] 3,000 hours of post-master's experience in a mental health counseling setting, including completion of a minimum of 1,000 hours of supervised practice of marriage and family therapy under supervision approved by the American Association of Marriage and Family Therapy or the board, and has completed 200 hours of face-to-face supervision by a supervisor approved by the American Association of Marriage and Family Therapy or the board. Supervision standards shall be equivalent to an American Association of Marriage and Family Therapy approved supervisor, or approved alternate supervision as defined by the American Association of Marriage and Family Therapy Commission on Supervision.
9 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 may be eligible for Medicaid reimbursement, to the extent not already eligible in effective rules.
I. Section 6-9 of this act shall take effect 90 days after its passage.
II. The remainder of this act shall take effect upon its passage.