CHAPTER 74
HB 113 - FINAL VERSION
14Feb2019... 0059h
2019 SESSION
19-0024
10/01
HOUSE BILL 113
AN ACT relative to qualifications for and exceptions from licensure for mental health practice.
SPONSORS: Rep. McGuire, Merr. 29; Rep. S. Beaudoin, Straf. 9; Sen. Reagan, Dist 17; Rep. Horn, Merr. 2
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill allows experience as a master licensed alcohol and drug counselor to qualify as experience for licensure as a clinical social worker, clinical mental health counselor, or marriage and family therapist. The bill also clarifies the mental health license exemption for psychotherapy activities and services of psychologists and master licensed alcohol and drug counselors.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
14Feb2019... 0059h 19-0024
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to qualifications for and exceptions from licensure for mental health practice.
Be it Enacted by the Senate and House of Representatives in General Court convened:
74:1 Mental Health Practice; Clinical Social Workers; Experience. 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. A current master licensed alcohol and drug counselor (MLADC) license issued by the board of licensing for alcohol and other drug use professionals under RSA 330-C may be substituted for up to 1,500 hours of the required 3,000 hours of supervised clinical experience. Where substitution of the full 1,500 hours is denied by the board, the MLADC applicant shall be provided the rationale for the board’s denial. The board shall not deny the substitution of hours solely based on the MLADC applicant’s clinical supervisor holding an MLADC license.
74:2 Clinical Mental Health Counselors; Experience. 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. A current master licensed alcohol and drug counselor (MLADC) license issued by the board of licensing for alcohol and other drug use professionals under RSA 330-C may be substituted for up to 1,500 hours of the required 3,000 hours of supervised clinical experience. Where substitution of the full 1,500 hours is denied by the board, the MLADC applicant shall be provided the rationale for the board’s denial. The board shall not deny the substitution of hours solely based on the MLADC applicant’s clinical supervisor holding an MLADC license.
74:3 Mental Health Practice; Marriage and Family Therapists, Experience. Amend RSA 330-A:21, III to read as follows:
III. Has completed a minimum of 2 years of post-master's experience in a mental health counseling setting, including completion of a minimum of [1,000] 3,000 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. A current master licensed alcohol and drug counselor (MLADC) license issued by the board of licensing for alcohol and other drug use professionals under RSA 330-C may be substituted for up to 1,500 hours of the required 3,000 hours of supervised clinical experience. Where substitution of the full 1,500 hours is denied by the board, the MLADC applicant shall be provided the rationale for the board’s denial. The board shall not deny the substitution of hours solely based on the MLADC applicant’s clinical supervisor holding an MLADC license.
74:4 Candidates for Mental Health Licensure; Independent or Private Practice. Amend RSA 330-A:22, V to read as follows:
V. No candidate shall engage in independent or private mental health practice or offer to render, or render services, except as provided in this section, or as otherwise licensed by the state of New Hampshire.
74:5 Mental Health Practice; Person Exempted. Amend RSA 330-A:34, I(e) to read as follows:
(e) The psychotherapy activities and services of physicians licensed under RSA 329, [and] advanced registered nurse practitioners[,] licensed under RSA 326-B:18, psychologists licensed under RSA 329-B, and master licensed alcohol and drug counselors licensed under RSA 330-C:16.
74:6 Alcohol and Other Drug Use Professionals; Master Licensed Alcohol and Drug Counselor. Amend RSA 330-C:16, I - III to read as follows:
I.(a) Have graduated with a minimum graduate degree of a 60-hour masters degree or advanced standing masters degree in clinical mental health, clinical psychology, substance use treatment, social work, or human services or equivalent, with clinical course work and internship requirements, from an accredited college or university, 300 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.
(b) Have graduated with a masters degree of less than 60 hours in a discipline described in subparagraph (a) and has completed the necessary additional hours of masters level course work as determined by the board pursuant to RSA 330-C:9, I(d).
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 3,000 hours of clinically supervised post-masters degree work experience in the treatment of substance use and co-occurring disorders. Up to 1,500 hours of clinically supervised work experience accumulated by the applicant during his or her practice as an LADC may be counted toward the required 3,000 hours. A current license issued by the board of mental health practice under RSA 330-A may be substituted for up to 1,500 hours of the required 3,000 hours of clinically supervised work experience. Where substitution of the full 1,500 hours is denied by the board, the applicant shall be provided the rationale for the board’s denial. The board shall not deny the substitution of hours solely based on the applicant's clinical supervisor holding a license issued by the board of mental health practice.
74:7 Repeal. RSA 330-A:20, relative to an obsolete provision for provisional clinical mental health counselor licenses, is repealed.
74:8 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 18, 2019
Effective Date: August 17, 2019
| Date | Body | Type |
|---|---|---|
| Jan. 15, 2019 | House | Hearing |
| Jan. 22, 2019 | House | Hearing |
| Jan. 29, 2019 | House | Exec Session |
| House | Floor Vote | |
| Feb. 14, 2019 | House | Floor Vote |
| March 6, 2019 | House | Hearing |
| March 20, 2019 | House | Exec Session |
| April 4, 2019 | House | Floor Vote |
| May 15, 2019 | Senate | Hearing |
| May 16, 2019 | Senate | Hearing |
| May 23, 2019 | Senate | Floor Vote |
| Date | Status | |
|---|---|---|
| Jan. 2, 2019 | Introduced 01/02/2019 and referred to Health, Human Services and Elderly Affairs HJ 2 P. 38 | |
| Jan. 15, 2019 | ==RECESSED== Public Hearing: 01/15/2019 11:30 am LOB 303 | |
| Jan. 22, 2019 | ==CONTINUED== Public Hearing: 01/22/2019 01:00 pm LOB 205 | |
| Jan. 29, 2019 | Division I Subcommittee Work Session: 01/29/2019 10:30 am LOB 104 | |
| Jan. 29, 2019 | Executive Session: 01/29/2019 01:00 pm LOB 205 | |
| Committee Report: Ought to Pass with Amendment # 2019-0059h (Vote 20-0; CC) | ||
| Feb. 14, 2019 | Committee Report: Ought to Pass with Amendment # 2019-0059h for 02/14/2019 (Vote 20-0; CC) HC 11 P. 7 | |
| Feb. 14, 2019 | Amendment # 2019-0059h: AA VV 02/14/2019 HJ 5 P. 13 | |
| Feb. 14, 2019 | Ought to Pass with Amendment 2019-0059h: MA VV 02/14/2019 HJ 5 P. 13 | |
| Feb. 14, 2019 | Referred to Executive Departments and Administration 02/14/2019 HJ 5 P. 15 | |
| March 6, 2019 | Public Hearing: 03/06/2019 10:30 am LOB 306 | |
| March 20, 2019 | Executive Session: 03/20/2019 12:15 pm LOB 306 | |
| April 4, 2019 | Committee Report: Ought to Pass for 04/04/2019 (Vote 17-0; CC) HC 18 P. 3 | |
| Committee Report: Ought to Pass (Vote 17-0; CC) | ||
| April 4, 2019 | Ought to Pass: MA VV 04/04/2019 HJ 12 P. 2 | |
| April 11, 2019 | Introduced 04/11/2019 and Referred to Executive Departments and Administration; SJ 13 | |
| May 15, 2019 | ==CANCELLED== Hearing: 05/15/2019, Room 101, LOB, 09:00 am; SC 20 | |
| May 16, 2019 | ==RESCHEDULED== Hearing: 05/16/2019, Room 101, LOB, 09:00 am; SC 21 | |
| May 23, 2019 | Committee Report: Ought to Pass, 05/23/2019; Vote 5-0; CC SC 23 | |
| May 23, 2019 | Ought to Pass: MA, VV; OT3rdg; 05/23/2019; SJ 17 | |
| June 6, 2019 | Enrolled (In recess 06/06/2019); SJ 20 | |
| June 6, 2019 | Enrolled 06/06/2019 HJ 18 P. 47 | |
| June 18, 2019 | Signed by Governor Sununu 06/18/2019; Chapter 74; Eff: 08/17/2019 |