HB165 (2021) Compare Changes


The Bill Text indicates a new section is being inserted. This situation is not handled right now, and the new text is displayed in both the changed and unchanged versions.

Unchanged Version

Text to be removed highlighted in red.

1 New Section; Mental Health Practice; Contract Restrictions Unenforceable. Amend RSA 330-A by inserting after section 22 the following new section:

330-A:22-a Certain Contract Restrictions Upon Mental Health Professionals Unenforceable. Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a pastoral psychotherapist, clinical social worker, clinical mental health counselor, or marriage and family therapist licensed by the board to practice in this state, which includes any restriction to the right of such licensed mental health professional to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement. The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

2 New Section; Psychologists; Contract Restrictions Unenforceable. Amend RSA 329-B by inserting after section 16 the following new section:

329-B:16-a Certain Contract Restrictions Upon Psychologists Unenforceable. Any contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a psychologist licensed by the board to practice in this state, which includes any restriction to the right of such psychologist to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement. The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

3 Effective Date. This act shall take effect January 1, 2022.

Changed Version

Text to be added highlighted in green.

1 New Section; Mental Health Practice; Contract Restrictions Unenforceable. Amend RSA 330-A by inserting after section 22 the following new section:

330-A:22-a Certain Contract Restrictions Upon Mental Health Professionals Unenforceable. Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a pastoral psychotherapist, clinical social worker, clinical mental health counselor, or marriage and family therapist licensed by the board to practice in this state, which includes any restriction to the right of such licensed mental health professional to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement. The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

2 New Section; Psychologists; Contract Restrictions Unenforceable. Amend RSA 329-B by inserting after section 16 the following new section:

329-B:16-a Certain Contract Restrictions Upon Psychologists Unenforceable. Any contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a psychologist licensed by the board to practice in this state, which includes any restriction to the right of such psychologist to also practice in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement. The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

3 Effective Date. This act shall take effect January 1, 2022.