Revision: Jan. 25, 2018, 10:34 a.m.
SB 589-FN - AS INTRODUCED
2018 SESSION
18-2926
10/03
SENATE BILL 589-FN
AN ACT relative to regulation of certified recovery support workers.
SPONSORS: Sen. Reagan, Dist 17; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Rep. Sytek, Rock. 8; Rep. McGuire, Merr. 29; Rep. Knirk, Carr. 3
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill establishes the certification of recovery support workers in alcohol and drug use disorders and removes the regulation of such persons from 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2926
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to regulation of certified recovery support workers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Certified Recovery Support Workers. Amend RSA by inserting after chapter 330-C the following new chapter:
CHAPTER 330-D
CERTIFIED RECOVERY SUPPORT WORKERS
330-D:1 Definitions. In this chapter:
I. "Advertise'' means, but is not limited to, the attempt by a visual, oral, or written publication, dissemination, solicitation, or circulation to induce any person to do business with a certified recovery support worker.
II. "Alcohol and drug use'' means the use of alcohol or other drugs, or both, to the extent or frequency that it impairs or endangers one's health or social or economic function, or the health and welfare of others, and can be used interchangeably with "substance use.''
III. "Board'' means the advisory board of certified recovery support workers.
IV. "Certified recovery support worker,'' or "CRSW," means an individual certified by the executive director to provide recovery support to persons with substance use disorders, who meets the qualifications in this chapter.
V. "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 persons certified under this chapter and which are recognized by the board.
VI. “Executive director” means the executive director of the office of professional licensure and certification.
330-D:2 Scope of Practice. The scope of practice for recovery support workers certified pursuant to this chapter shall be established by administrative rule adopted pursuant to RSA 541-A by the executive director of the office of professional licensing and certification, with the advice of the board.
330-D:3 Certification Required; Fees.
I. It shall be unlawful for any person to practice as a CRSW unless such person is certified under this chapter or exempt under RSA 330-D:5.
II. The fee for an initial certification and a renewal certification as a CRSW shall be established in rules adopted by the executive director. The certification shall be renewed biennially on the last day of the certificate holder's birth month in odd-numbered years upon payment of the renewal fee.
III. Certificates shall be issued to any person who:
(a) Makes application on a form prescribed by the executive director.
(b) Makes payment of fees required under RSA 330-D:7, II.
(c) Meets the educational and experience requirements set by the executive director with the advice of the board pursuant to RSA 330-D:7, I.
330-D:4 Applicants From Other States.
I. The executive director may issue a certification to any applicant who is licensed or certified in any other state, provided the other state's requirements are substantially equivalent to or more stringent than those of this state.
II. An applicant whose state licensure meets the requirements in paragraph I shall be deemed able to practice in this state not more than 60 days after the application is received by the executive director pending final approval or denial for other reason by the executive director. The executive director shall adopt rules under RSA 541-A to ensure the timely review and approval of applications under this section.
330-D:5 Exemptions.
I. This chapter shall not apply to:
(a) Qualified members of other professions or occupations, including without limitation those licensed by the board of mental health practice, the board of medicine, and the board of nursing who provide treatment for substance use disorders and co-occurring disorders within the authorized scope of practice of their profession or occupation and who do not represent themselves as "certified recovery support workers.''
(b) Students or counselors engaged in entry-level internships in a licensed or certified facility and counselors working toward certification 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 certified recovery support worker.
330-D:6 Renewal of Certificate; Continuing Education Requirement. Renewal of certificates shall be contingent upon the certificate holder's completion of continuing education related to the practice of peer support. The amount of such continuing education shall be established in rules adopted by the executive director with the advice of the board, pursuant to RSA 330-D:7, VI.
330-D:7 Rulemaking. The executive director shall, with the advice of the board, adopt rules pursuant to RSA 541-A relative to the practice of certified recovery support work. Such rules shall include:
I. Training requirements and other criteria for the issuance of certification, renewal of certification, and reinstatement of certification for certified recovery support workers (CRSW), certified recovery support worker supervisors (CRSW-S), peer recovery support specialists (PRSS), peer recovery support level 3 (PRS-3), peer recovery support level 2 (PRS-2), and peer recovery support level 1 (PRS-1).
II. The establishment of certificate application, late renewal, and reinstatement fees required under this chapter.
III. 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 supervision.
IV. The approval and 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 examinations may be disclosed, solicited, or compiled.
V. Ethical standards for the practice of substance use counseling that are generally in keeping with standards established by NAADAC: The Association for Addiction Professionals, or its successor organization.
VI. Continuing education requirements for renewal of certification.
VII. The determination of disciplinary sanctions authorized by this chapter, including the assessment of administrative fines.
330-D:8 Privileged Communications Between Certificate Holders and Their Clients. A person certified under this chapter or an employee of such person, shall not disclose any confidential information that the certificate holder or employee may have acquired while performing substance use counseling services for a patient unless in accordance with the federal regulation regarding the confidentiality of alcohol and drug abuse patient records pursuant to 42 C.F.R. section 2.1 et seq.
330-D:9 Title; Display of Certification.
I. Only persons certified under this chapter may use the title "certified recovery support worker'' and the abbreviation "CRSW.''
II. Any person who has been issued a certificate under this chapter shall conspicuously display such certificate in the principal place of business for which the certificate is issued.
330-D:10 Duty to Warn of Violent Acts of Client; Civil Liability.
I. Any person certified under this chapter has a duty to warn of, or to take reasonable precautions to provide protection from, a client's violent behavior when the client has communicated to such person a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property.
II. The duty may be discharged by, and no monetary liability or cause of action shall arise against, any person certified under this chapter if the person makes reasonable efforts to communicate the threat to the victim or victims, notifies the police department closest to the client's or potential victim's residence, or obtains civil commitment of the client to the state mental health system.
III. No monetary liability and no cause of action may arise concerning client privacy or confidentiality against any person certified under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II.
330-D:11 Unlawful Acts. It shall be unlawful for any person or entity to:
I. Practice as a certificate holder without a certification, as applicable, or when the certification to do so has been revoked or suspended or when the certification to do so has lapsed.
II. Represent oneself in any way or use, in connection with the individual's name, any designation tending to imply certification as a recovery support worker unless so certified.
III. Represent or imply that the person or entity is conducting a recovery support education program which has been approved by the board when the program has not been so approved.
IV. Disclose, solicit, or compile information regarding the contents of any examinations relative to this chapter, except as authorized by the executive director.
330-D:12 Certification Revocation or Suspension.
I. The executive director may undertake investigations and disciplinary proceedings with the advice of the board:
(a) Upon his or her own initiative.
(b) Upon written complaint of any person which charges that a person has committed any acts of misconduct under this section and which specifies the grounds for such complaint.
II. All written complaints received by the executive director shall be recorded and contain the following information:
(a) Certificate holder's name.
(b) Name of the complaining party.
(c) Date of complaint.
(d) Brief statement of complaint.
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 executive director.
(b) Engaging in the practice of substance use counseling in a manner harmful or dangerous to the client or public.
(c) Fraud or deceit in procuring or attempting to procure a certification or other authorization to practice substance use counseling in this or another state or territory of the United States.
(d) 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.
(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 certificate holder to conduct with safety to the public the practices authorized by this chapter.
(f) An act or omission causing another state or territory of the United States to revoke or suspend a certification or other authorization to practice substance use counseling or to discipline the person authorized to practice by placing him or her on probation.
(g) Failing to maintain client confidentiality.
(h) Engaging in false or misleading advertising.
IV. The executive director, after notice and a public hearing, or as part of a settlement, may take disciplinary action against a certificate holder in any one or more of the following ways:
(a) Revocation of certificate.
(b) Suspension of certificate for a period of time determined as reasonable by the executive director.
(c) Censure.
(d) Issuance of a letter of reprimand.
(e) Placement on probationary status. The executive director may require the person to submit to any of the following:
(1) Regular reporting 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 executive director.
(4) Practicing under the direct supervision of another certificate holder for a period of time specified by the executive director.
(f) Refusal to renew a certification.
(g) Revocation of probation which has been granted by the executive director 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 under RSA 330-D:13.
V. The executive director may reinstate any person to good standing under this chapter if, after hearing, he or she is satisfied that reinstatement is in the public interest.
330-D:13 Administrative Fines. The executive director, after notice and hearing pursuant to rules adopted under RSA 541-A, may impose fines upon any person who violates any provision of this chapter or rules adopted pursuant to this chapter, in an amount not to exceed $2,000 or in the case of a continuing offense, $250 for each day the violation continues. Rehearings and appeals from a decision of the executive director shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative fines under this chapter.
330-D:14 Actions by the Executive Director. The executive director may, in accordance with applicable law, maintain an action in the name of the state against any person, partnership, association, or corporation for practicing recovery support within the meaning of this chapter without first obtaining a certificate. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, practice without having a certificate to do so, without averring any further or more particular facts concerning the same.
330-D:15 Violations; Penalty.
I. Any person who shall practice or attempt to practice as a certified recovery support worker without a certificate shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.
II. Any person who violates any other provision of this chapter, or rules adopted pursuant to this chapter, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, for a first offense. A person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, for any subsequent offense. Each day of violation after the first day of violation shall be considered a subsequent violation.
330-D:16 Advisory Board of Recovery Support Workers. The executive director shall establish the advisory board of recovery support workers. The board shall consist of 3 recovery support workers who are certificate holders in the state of New Hampshire. Each member shall be appointed to a term of 3 years. No member shall serve more than 2 consecutive full terms. Each member of the advisory board shall receive as compensation the sum of $45 for each day actually devoted to the work of the advisory board and shall be reimbursed for necessary traveling expenses incurred in the discharge of such duty. The advisory board shall:
I. Review the qualifications and requirements of applicants for certification.
II. Review the continuing education requirements for certification.
III. Advise the executive director regarding the implementation of this chapter.
2 Reference Removed; Alcohol and Other Drug Use Professionals. Amend RSA 330-C:1 to read as follows:
330-C:1 Purpose. In New Hampshire, alcohol and drug use counselors have been the primary providers of addiction services. The purpose of this chapter is to protect and benefit the public by setting standards of qualifications, education, training, and experience for those who seek to obtain a [certificate as a certified recovery support worker or a] license as a licensed alcohol and drug counselor or a master licensed alcohol and drug counselor and to promote competency in alcohol and other drug use prevention, intervention, and treatment services and in co-occurring disorder treatment services.
3 Reference Removed. 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].
4 Reference Removed. Amend RSA 330-C:5, VI to read as follows:
VI. Determine and enforce appropriate disciplinary action against licensees [and certificate holders] found guilty of violating this chapter or the rules adopted under this chapter.
5 Reference Removed. Amend RSA 330-C:6, II(a) to read as follows:
(a) Application advisory committee, if established, shall review applications for licensure[,] and reinstatement[, and certification] and make recommendations to the board concerning such applications;
6 References Removed. Amend RSA 330-C:7, II to read as follows:
II. The board shall maintain a current list of the names and business addresses of all persons licensed [or certified] under this chapter. In addition, the board shall make available to the public a list of all persons whose licenses [or certification] have been revoked or suspended for a violation of RSA 330-C:27, III by the board within the preceding 12 months. The list shall identify any revocation or suspension that is under appeal.
7 References Removed. Amend RSA 330-C:8 to read as follows:
330-C:8 Fees; Charges.
I. The board shall charge licensed alcohol and drug counselors[,] and licensed clinical supervisors[, and certified recovery support workers] a $110 fee for the issuance of an initial license [or certificate], and $110 for the renewal of a license [or certificate] under this chapter. The fee for a master licensed alcohol and drug counselor shall be $240 and the renewal fee shall be $240. All licenses shall be renewed biennially on or before June 30 upon payment of the license renewal fee. In addition the board shall establish by rule fees for license [and certificate] applications, late renewal, and reinstatement of all licenses [and certifications] authorized by this chapter.
II. The board may provide the following services and make administrative charges for:
(a) The administration of examinations required by this chapter.
(b) The transcription and copying of records.
(c) The actual costs of a criminal conviction record check required pursuant to RSA 330-C:20.
(d) The sale of a list of licensees [and certification holders] who have given their written authorization to have their names included on such list. Such list shall be updated at least monthly.
(e) The approval of continuing education programs and program providers.
(f) The verification of license status or educational credentials.
8 Reference Removed. Amend RSA 330-C:9, IV to read as follows:
IV. The establishment of license [and certificate] application, late renewal, and reinstatement fees required under this chapter.
9 Reference Removed. Amend RSA 330-C:9, VIII to read as follows:
VIII. Continuing education requirements for license renewal [and continuing education requirements for renewal of certification].
10 References Removed. Amend RSA 330-C:14 to read as follows:
330-C:14 Title; Display of License [or Certification].
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.
II. [Only persons certified under this chapter may use the title "certified recovery support worker'' and the abbreviation "CRSW.''
III.] Any person who has been issued a license under this chapter shall conspicuously display such license in the principal place of business for which the license is issued.
11 References Removed. Amend the section heading of RSA 330-C:15 and the introductory paragraph of RSA 330-C:15, I to read as follows:
330-C:15 Licensure [and Certification]; Applicants.
I. All applicants for licensure [and certification] shall:
12 Reference Removed. Amend RSA 330-C:20, I to read as follows:
I. Every applicant for initial licensure [or certification] or reinstatement shall submit to the board a notarized criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.
13 References Removed. Amend RSA 330-C:21 to read as follows:
330-C:21 Applicants From Other States.
I. 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 requirements are substantially equivalent to or more stringent than those of this state.
I-a. An applicant whose state licensure meets the requirements in paragraph I shall be deemed able to practice in this state not more than 60 days after the application is received by the board pending final approval or denial for other reason by the board. The board shall adopt rules under RSA 541-A to ensure the timely review and approval of applications under this section.
II. The board may license [or issue a certification to] any applicant who is licensed or certified in any other state if the other state's requirements are not substantially equivalent to those of this state solely because the applicant has obtained a master's degree in a discipline described in RSA 330-C:16, I(a) which is less than a 60-hour degree. An individual licensed under this paragraph shall:
(a) Complete the necessary additional hours of course work in co-occurring disorders pursuant to standards established by the board within 5 years from the effective date of licensure [or certification];
(b) Have completed 3,000 hours of clinically supervised work experience in the treatment of substance use and co-occurring disorders. These hours may be completed after the applicant has been issued the master's degree. Up to 1,500 hours of clinically supervised work experience accumulated by the applicant during his or her practice as a LADC may be counted toward the required 3,000 hours. In addition, a current license issued by the board of mental health practice may be substituted for 1,500 hours of the required 3,000 hours of clinically supervised work experience;
(c) Conduct his or her practice as an MLADC in full compliance with RSA 330-C:10; and
(d) Notify the board in writing that he or she has completed the requirements in subparagraph (a).
III. If an individual licensed under paragraph II does not satisfy the requirements of subparagraph II(a) within 5 years of initial licensure [or certification], the board shall not renew the individual's MLADC license but shall, if the individual meets all the requirements for licensure as a LADC, issue a LADC license to the individual.
IV. The board may 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 another jurisdiction of the United States for a period of 10 years or more.
14 References Removed. Amend RSA 330-C:22 through RSA 330-C:28 to read as follows:
330-C:22 Renewals.
I. Licenses [and certifications] shall be renewed every 24 months after initial licensure [or certification] upon payment of a fee and presentation of satisfactory proof of completion of continuing education requirements pursuant to RSA 330-C:24.
II. Licensees [and certification holders] shall have a grace period of 30 days after expiration in which to renew retroactively if they otherwise are entitled to have their licenses [or certifications] renewed and pay to the board the renewal fee and any late fee set by the board under rules adopted pursuant to RSA 541-A.
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 may not be renewed.
V. Upon the request of a licensee [or certificate holder] who is a member of the armed forces of the United States, a member of any reserve component of the armed forces, or a member of the national guard, the board is authorized to place the person's license [or certification] on inactive status whenever such person is called to active military duty. The board is authorized to return to active status any license [or certification] placed on inactive status at any time within the 2 years following the release from active military duty of the licensee [or certificate holder], upon a written request accompanied by the payment of renewal fee if the license [or certificate] has expired, and accompanied by proof of completion of the current continuing education requirements.
330-C:23 Reinstatement.
I. An individual whose license [or certification] has lapsed by failure to renew under RSA 330-C:22 by the end of the 30-day grace period, may apply for reinstatement by meeting all requirements for renewal, or satisfying the following conditions:
(a) An individual who applies for reinstatement who does not meet the continuing education requirements shall demonstrate current alcohol and other drug use professional knowledge and skill, as defined in rules adopted by the board under RSA 541-A.
(b) For those persons applying for reinstatement following disciplinary action, compliance with all board requirements as well as any specific requirements set forth in the board's discipline order.
II. Application for reinstatement of a license [or certification] which has lapsed shall include payment of a reinstatement fee and be made, and granted or denied, in accordance with rules adopted by the board pursuant to RSA 541-A.
330-C:24 Continuing Education.
I. As a prerequisite to renewal of licensure [or certification], a licensee [or certificate holder] shall present satisfactory evidence to the board of having met the continuing education requirements of this chapter.
II. The continuing education requirements for renewal shall be:
(a) For master licensed alcohol and drug counselors and licensed alcohol and drug counselors, 48 hours of approved continuing education in the 24 months subsequent to the date of licensure or re-licensure.
(b) For licensed clinical 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.]
330-C:25 Duty to Warn of Violent Acts of Client; Civil Liability.
I. Any person licensed [or certified] under this chapter has a duty to warn of, or to take reasonable precautions to provide protection from, a client's violent behavior when the client has communicated to such person a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property.
II. The duty may be discharged by, and no monetary liability or cause of action shall arise against, any person licensed [or certified] under this chapter if the person makes reasonable efforts to communicate the threat to the victim or victims, notifies the police department closest to the client's or potential victim's residence, or obtains civil commitment of the client to the state mental health system.
III. No monetary liability and no cause of action may arise concerning client privacy or confidentiality against any person licensed [or certified] under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II.
330-C:26 Privileged Communications Between Licensees and Certificate Holders and Their Clients. A person licensed [or certified] under this chapter or an employee of such person, shall not disclose any confidential information that the licensee[, certificate holder,] or employee may have acquired while performing substance use counseling services for a patient unless in accordance with the federal regulation regarding the Confidentiality of Alcohol and Drug Abuse Patient Records pursuant to 42 C.F.R. section 2.1 et seq.
330-C:27 Disciplinary Action; Misconduct.
I. The board may undertake investigations and disciplinary proceedings:
(a) Upon its own initiative.
(b) Upon written complaint of any person which charges that a person has committed any acts of misconduct under this section and which specifies the grounds for such complaint.
II. All written complaints received by the board shall be recorded and contain the following information:
(a) Licensee's [or certificate holder's] name.
(b) Name of the complaining party.
(c) Date of complaint.
(d) Brief statement of complaint.
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, co-occurring disorders counseling, or supervision in a manner harmful or dangerous to the client or public.
(c) Fraud or deceit in procuring or attempting to procure a license, certification, or other authorization to practice substance use counseling or co-occurring disorders counseling in this or another state or territory of the United States.
(d) 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.
(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.
(f) Conviction of a felony which has not been waived by the board.
(g) 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 co-occurring disorders counseling or to discipline the person authorized to practice by placing him or her on probation.
(h) Failing to maintain confidentiality pursuant to RSA 330-C:26.
(i) Engaging in false or misleading advertising.
(j) Having a mental disability which significantly impairs 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.
IV. The board, after notice and a public hearing, or as part of a settlement, 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 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.
V. The board may reinstate any person to good standing under this chapter if, after hearing, the board is satisfied that reinstatement is in the public interest.
VI. Upon the suspension or revocation of a license [or certification] issued under this chapter, a licensee [or certificate holder] shall surrender the license [or certificate] to the board.
330-C:28 Investigations and Hearings.
I. The board may investigate possible misconduct by licensees [and certificate holders] and other matters within the scope of this chapter. Investigations may be conducted formally, after issuance of a board order setting forth the general scope of the investigation, or informally, without such an order. In either case, board investigations and the information gathered in such investigations shall be exempt from the public disclosure provisions of RSA 91-A, except to the extent such information may later become the subject of a public disciplinary hearing. The board may disclose information acquired in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders.
II. The board may retain legal counsel, expert witnesses, special advisors, or other qualified persons to assist with any investigation or adjudicative proceeding.
III. The form taken by an investigation is a matter reserved to the discretion of the board. The board may conduct investigations on an ex parte basis.
IV.(a) The board may administer oaths or affirmations, preserve testimony, and, after consultation with an attorney employed by the state of New Hampshire, issue subpoenas for witnesses and for documents and things only in a formal investigation or an adjudicative hearing, except that subpoenas for medical records and pharmacy records, as provided in paragraph V, may be issued at any time.
(b) The board may serve a subpoena on any licensee [or certificate holder] of the board by certified mail, but shall serve a subpoena on any other person in accordance with the procedures and fee schedules required in 42 C.F.R. part 2.
(c) Persons licensed [or certified] by the board shall not be entitled to a witness fee or mileage expenses for travel within the state, which are necessary to respond to a subpoena issued by the board.
(d) Any board-issued subpoena related to a board hearing or investigation shall be valid if annotated "Fees Guaranteed by the New Hampshire Board of Licensing for Alcohol and Other Drug Use Professionals.''
(e) A minimum of 48 hours' notice shall be given for compliance with a subpoena issued under this chapter.
V. The board may at any time subpoena client records from its licensees[ or certificate holders], or other health care providers, or health care facilities licensed or certified in this state to the extent that the records sought are relevant to matters within the board's regulatory authority. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the respondent's current license [or certificate], and shall require no witness or other fee. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this paragraph.
VI. Complaints of misconduct shall be in writing and shall be treated as petitions for the commencement of a disciplinary hearing. The board shall determine whether a complaint alleges misconduct sufficient to support disciplinary proceedings. If the board determines that it does, the board shall forward a copy of the complaint to the person complained against within 5 business days of its determination. If the board determines that it does not, the board shall send the complainant a written notice of dismissal of the complaint. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement, the board may settle the allegations against the licensee [or certificate holder] without the consent of a complainant, provided that material facts are not in dispute.
VII. At any time during an investigation of a complaint, and without issuing a subpoena, the board may mail a copy of a complaint to the person named in the complaint, and may require in a written request that the licensee [or certificate holder] and his or her employer provide detailed and good faith written responses to allegations identified by the board and also provide copies of all records concerning any client identified in the complaint. The licensee [or certificate holder] and others receiving inquiries from the board shall respond within a reasonable time period of not less than 15 days as the board may specify. This procedure may also be used in connection with matters the board has undertaken to investigate on its own motion.
15 Reference Removed. Amend RSA 330-C:30, I to read as follows:
I. Any person who has been refused a license [or certification] by the board or has been disciplined by the board shall have the right to petition for a rehearing within 30 days after the original decision.
16 References Removed. Amend RSA 330-C:31, I and II 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.
II. Represent oneself in any way or use, in connection with the individual's name, any designation tending to imply licensure as an alcohol and drug counselor or clinical supervisor [or certification as a recovery support worker] unless so licensed [or certified].
17 References Removed. 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 without limitation those licensed by the board of mental health practice, the board of medicine, and the board of nursing who provide treatment for substance use disorders and co-occurring disorders within the authorized scope of practice of their profession or occupation and who do not represent themselves as "licensed alcohol and drug counselors,'' "master 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].
18 New Subparagraph; Office of Professional Licensure and Certification; CRSW Added. Amend RSA 310-A:1-a, II by inserting after subparagraph (z) the following new subparagraph:
(aa) Certified recovery support workers under RSA 330-D.
19 Repeal. The following are repealed:
I. RSA 330-C:2, IV, relative to the definition of certified recovery support worker.
II. RSA 330-C:9, III, relative to rules for CRSW.
III. RSA 330-C:13, relative to scope of practice of CRSW.
IV. RSA 330-C:19, relative to initial certification of CRSW.
20 Validity of Current Certification. Persons certified by the board of licensing for alcohol and other drug use professionals on the effective date of this act shall continue to be certified and subject to regulation under the provisions of RSA 330-D as inserted by this act.
21 Transfer of Rules. Existing administrative rules for certified recovery support workers adopted by the board of licensing for alcohol and other drug use professionals shall continue in effect until repealed or amended in accordance with applicable law.
22 Effective Date. This act shall take effect July 1, 2018.
18-2926
1/22/18
SB 589-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to regulation of certified recovery support workers.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2019 through 2022.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification, Judicial Branch, and Department of Justice