Revision: April 29, 2021, 9:05 a.m.
Sen. Bradley, Dist 3
Sen. Whitley, Dist 15
Sen. Gray, Dist 6
Sen. Sherman, Dist 24
Sen. Avard, Dist 12
April 29, 2021
2021-1242s
04/10
Amendment to HB 187
Amend the title of the bill by replacing it with the following:
AN ACT relative to the emergency powers of the commissioner of health and human services, relative to membership of the oversight committee on health and human services, and establishing a license and requirements for licensed social workers.
Amend the bill by replacing all after section 3 with the following:
4 Mental Health Practice; Fees. Amend RSA 330-A:12, I to read as follows:
I. The board shall establish fees pursuant to RSA 541-A for supervisory agreements; applications for licensed pastoral psychotherapist, independent clinical social worker, school social worker, licensed social worker, licensed social worker associate, clinical mental health counselor, and marriage and family therapist and conditional licenses; renewal of license; renewal of dual license; reinstatement of license; inactive license status; reactivation of an inactive license; examination of applicants; transcribing and transferring records; and other services, including investigations and hearings conducted under this chapter.
5 New Sections; Mental Health Practice; Licensed Social Worker. Amend RSA 330-A by inserting after section 18-a the following new sections:
330-A:18-b Licensed Social Workers: Initial License.
I. An applicant for an initial license as a licensed social worker shall comply with the following requirements:
(a) Graduate with a bachelor's degree in social work from a college or university approved by the Council on Social Work Education.
(b) Complete 300 hours of social work or mental health education within the degree-granting program or separately.
(c) Complete 4,000 hours of supervised work experience.
(d) Complete 300 hours of supervised practical training within the degree-granting program, as part of the supervised work experience or separately.
(e) Pass a national proctored examination approved by the board.
(f) Meet other criteria as established by the board.
II. The scope of practice of a licensed social worker shall be the screening, assessment, treatment planning, and treatment of mental health conditions as defined in this section as follows:
(a) The performance of clinical evaluation including the screening and assessment of mental health disorders, the assessment and identification of symptoms of co-occurring mental health disorders and differential diagnosis indicators, and the development of preliminary mental health disorder diagnoses for further assessment and confirmation by an appropriate professional. This includes severity assessment and assessment of dangerousness to self or others.
(b) The performance of treatment planning and case management referrals including co-occurring substance use disorders and medical conditions, case management and service coordination including implementation of treatment plans, consultation, coordination of care with mental health, substance use treatment and other community providers, ongoing assessment of progress and needs, and client advocacy, education, and documentation.
(c) The performance of counseling, including:
(1) Individual, group, family, and significant other counseling; and
(2) Crisis prevention and intervention to include enlisting the support of trained personnel to manage risk of harm to self or others.
(d) Adherence to professional and ethical responsibilities as determined by the board.
III. During the first 2 years of licensure, a licensed social worker may engage in practice only under clinical supervision of a licensed clinical social worker, a licensed mental health counselor, a master licensed drug and
alcohol counselor, a psychiatric APRN, or a licensed mental health provider approved by the board.
330-A:18-c Licensed Social Work Associate: Initial License.
I. An applicant for an initial license as a licensed social work associate shall comply with the following requirements:
(a)(1) Graduate with a bachelor's degree in clinical mental health, social work, psychology, behavioral health counseling, human services discipline, or equivalent program from an accredited college or university.
(2) Complete 300 hours of social work or mental health education within the degree-granting program or separately.
(3) Complete 4,000 hours of supervised work experience.
(4) Complete 300 hours of supervised practical training within the degree-granting program, as part of the supervised work experience or separately.
(5) Pass a national proctored examination approved by the board.
(6) Meet other criteria as established by the board; or
(b)(1) Graduate with an associate’s degree in clinical mental health, social work, psychology, behavioral health counseling, human services discipline, or equivalent program.
(2) Complete 300 hours of social work or mental health education within the degree-granting program or separately.
(3) Complete 6,000 hours of supervised work experience.
(4) Complete 300 hours of supervised practical training within the degree-granting program, as part of the supervised work experience or separately.
(5) Pass a national proctored examination approved by the board.
(6) Meet other criteria as established by the board.
II. The scope of practice of a licensed social work associate shall be the screening, assessment, treatment planning, and treatment of mental health conditions under clinical supervision as defined in this section as follows:
(a) The performance of clinical evaluation including the screening and assessment of mental health disorders, the assessment and identification of symptoms of co-occurring mental health disorders and differential diagnosis indicators, and the development of preliminary mental health disorder diagnoses for further assessment and confirmation by an appropriate professional. This includes severity assessment and assessment of dangerousness to self or others.
(b) The performance of treatment planning and case management referrals including co-occurring substance use disorders and medical conditions, case management and service coordination including implementation of treatment plans, consultation, coordination of care with mental health, substance use treatment and other community providers, ongoing assessment of progress and needs, and client advocacy, education, and documentation.
(c) The performance of counseling, including:
(1) Individual, group, family, and significant other counseling; and
(2) Crisis prevention and intervention to include enlisting the support of trained personnel to manage risk of harm to self or others.
(d) Adherence to professional and ethical responsibilities as determined by the board.
III. A licensed social work associate may engage in practice only under clinical supervision of a licensed clinical social worker, a licensed mental health counselor, a master licensed drug and alcohol counselor, a psychiatric APRN, or a licensed mental health provider approved by the board.
330-A:18-d Social Work; Conditional License.
I. Applicants for licensure under this section may apply to the board for conditional licensure. To receive a conditional license, applicants shall comply with the following requirements:
(a) Clinical Social Worker:
(1) Hold a master’s or doctoral degree in social work or social welfare from a CSWE approved program.
(2) Obtain a board approved supervisory agreement, with documented intent to pursue licensure as a clinical social worker under this chapter.
(3) Meet other criteria as reasonably established by the board.
(b) Licensed Social Worker:
(1) Hold a bachelor’s degree in social work or social welfare from a CSWE approved program.
(2) Obtain a board approved supervisory agreement, with documented intent to pursue licensure as a licensed social worker under this chapter.
(3) Meet other criteria as reasonably established by the board.
(c) Licensed Social Work Associate:
(1) Hold an associate’s or bachelor’s degree in clinical mental health, social work, psychology, behavioral health counseling, human services discipline, or equivalent program from an accredited college or university.
(2) Complete 300 hours of social work or mental health education within the degree-granting program or separately.
(3) Complete 300 hours of supervised practical training within the degree-granting program, as part of the supervised work experience or separately.
(4) Obtain a board approved supervisory agreement, with documented intent to pursue licensure as a licensed social work associate under this chapter.
(5) Meet other criteria as reasonably established by the board.
II. Conditional licenses issued under this section shall be valid for a period of 2 years from the date of issuance. Applicants in good standing with the board may apply for a one-time renewal of a conditional license.
6 Mental Health Practice; Unlawful Practice. Amend RSA 330-A:23, I-II to read as follows:
I. Except as provided in RSA 330-A:34, it shall be unlawful for any person to be engaged in mental health practice unless that person is licensed by the board, working as a candidate under the direct supervision of a person licensed by the board, conditionally licensed by the board, or engaged in the practice of other mental health services as an alternative provider as defined in RSA 330-A:2, I. The license or the registration of such person shall be current and valid. It shall be unlawful for any person to practice as or to refer to oneself as a pastoral psychotherapist, a clinical social worker, a licensed social worker, a licensed social work associate, a clinical mental health counselor, or a marriage and family therapist, or use the word "psychotherapist," or any variation thereof, in such person's title unless that person is licensed or conditionally licensed by the board or working as a candidate under the direct supervision of a person licensed by the board. Psychiatrists licensed under RSA 329 and psychiatric nurse practitioners licensed under RSA 326-B:18 may refer to themselves as psychotherapists.
II. Except as otherwise provided in this chapter, any person who violates paragraph I or paragraph III of this section or who violates any of the other provisions of this chapter relating to pastoral psychotherapy, clinical social work, licensed social work, clinical mental health counseling, or marriage and family therapy, or, having had his or her license suspended or revoked, shall continue to represent himself or herself as a licensed pastoral psychotherapist, clinical social worker, licensed social work, licensed social work associate, clinical mental health counselor, or marriage and family therapist, or as a psychotherapist, shall be guilty of a class A misdemeanor if a natural person, and a felony if any other person, and each violation shall be deemed a separate offense.
7 Managed Care Law; Definitions. Amend RSA 420-J:3, XVII to read as follows:
XVII. "Facility" means an institution providing health care services or a health care setting, including but not limited to hospitals and other licensed inpatient centers, ambulatory surgical or treatment centers, skilled nursing centers, residential treatment centers, community mental health programs as defined under RSA 135-C:7, community substance use disorder treatment programs as defined under RSA 172:2-c, community health centers, diagnostic, laboratory and imaging centers, and rehabilitation and other therapeutic health settings.
8 New Section; Managed Care Law; Credentialing Verification Procedures. Amend RSA 420-J by inserting after section 4 the following new section:
420-J:4-a Facility Credentialing.
I. Health carriers shall, whenever possible, credential qualified entities as facilities when paneling and enrolling participating providers.
II. Nothing in this section shall be construed to require a health carrier to select or enroll a specific facility as a participating provider.
I. Sections 4-6 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.
2021-1242s
AMENDED ANALYSIS
This bill:
I. Makes various changes to the powers of the commissioner of the department of health and human services during a public health emergency.
II. Authorizes the joint legislative oversight committee on health and human services to review, and rescind by a 2/3 vote, emergency orders issued by the commissioner.
III. Gives a person subject to a treatment order for a communicable disease a right to a hearing on the order.
IV. Amends the membership and duties of the ethics oversight advisory committee.
V. Amends the house membership on the health and human services oversight committee.
VI. Establishes a license and requirements for licensed social workers.