Revision: Dec. 29, 2022, 4:12 p.m.
2023 SESSION
23-0417.0
09/05
HOUSE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill removes certain requirements for license reciprocity for out of state applicants already licensed in the fields of psychology, mental healthcare, and alcohol and drug counseling.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0417.0
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Mental Health Practice; Applicants From Other States. Amend RSA 330-A:26, II to read as follows:
II. An applicant whose state licensure meets the requirements in paragraph I shall be allowed to practice in this state. [not more than 30 days after the application is received by the board, pending final approval or denial of the license for other reason by the board. The board shall adopt rules under RSA 330-A:10, I relative to procedures for expedited licensure for applicants from other states.] A license shall be granted to said applicant not more than 30 days after the application is received by the board so long as:
(a) The applicant is not the subject of a past or pending disciplinary action in another jurisdiction; and
(b) The applicant's prior criminal record history is satisfactory to the board after a criminal history record check is conducted on the applicant.
2 Psychologists; Applicants From Other States. Amend RSA 329-B:20 to read as follows:
329-B:20 [Temporary and Emergency] Applicants From Other States. Any psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist practicing pursuant to this section shall conform his or her practice to the mandates of this chapter and the rules of the board. Any psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist seeking to practice under this section shall register with the board in a manner determined by the board.
I. An individual licensed to practice psychology or school psychology in another jurisdiction may practice psychology, licensed school psychology-doctoral, or licensed school psychology-specialist in accordance with this chapter in New Hampshire by applying for a license, if:
[(a) The psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist limits her or his practice in New Hampshire to no more than 30 days per year; and
(b)] (a) The psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist is not the subject of a past or pending disciplinary action in another jurisdiction; and
(b) The psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist's prior criminal record history is satisfactory to the board after a criminal history record check is conducted on the applicant.
[(c) At least one of the following is true:
(1) The psychologist is the holder of one of the following credentials:
(A) The Association of State and Provincial Psychology Boards (ASPPB) Certificate of Professional Qualification in Psychology (CPQ);
(B) The ASPPB Interjurisdictional Practice Certificate (IPC);
(C) The American Board of Professional Psychology (ABPP) certification;
(D) The National Register of Health Providers in Psychology certification; or
(E) Other equivalent qualifications determined by the board.
(2) The school psychologist is:
(A) The holder of the Nationally Certified School Psychologist (NCSP), credentialed by the National Association of School Psychologists, or other equivalent qualifications determined by the board; and
(B) Approved by the board to be knowledgeable in state practice as determined by the board.
(d) An individual licensed to practice psychology in another jurisdiction seeking to perform an evaluation under a court order may be allowed a temporary license for no more than 30 days which may be non-consecutive during a 12 month period, providing he or she qualifies under subparagraphs (b) and (c)(1).
(e) An individual seeking temporary licensure shall submit the application and pay the fee determined by the office of professional licensure and certification.
II. An individual licensed to practice psychology or school psychology in another jurisdiction who is providing services in response to a declared disaster, under the American Red Cross or the American Psychological Association's Disaster Response Network, or other such agency so designated by the board, may practice psychology in New Hampshire for no more than 60 days per year without applying for a state license. Any psychologist practicing pursuant to this paragraph shall conform his or her practice to the mandates of this chapter and rules of the board. Any psychologist seeking to practice under this paragraph shall register with the board or cause said organization to make such registration in a manner determined by the board.
III. The board may issue a temporary license to practice for not more than 90 days in a 12-month period to a psychologist who is licensed in another jurisdiction and who has applied for a temporary license to practice psychology in New Hampshire, provided that:
(a) The requirements for licensure in the licensing jurisdiction are equal to or exceed the requirements for licensure in New Hampshire;
(b) The applying psychologist meets the requirements for admission to the examination process in New Hampshire;
(c) The psychologist is not the subject of a past or pending disciplinary action in another jurisdiction and
(d) The individual submits an application and pays the fee determined by the office of professional licensure and certification.]
II. The board shall waive provisions of this chapter requiring supervised work experience and practical training and grant a license as a psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist to any applicant who presents proof of active licensed practice, in good standing, in another jurisdiction of the United States for a period of 5 years or more.
3 Alcohol And Other Drug Use Professionals; Applicants From Other States. Amend RSA 330-C:21 to read as follows:
330-C:21 Applicants From Other States.
I. The board [may] shall 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.] 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 board pending final approval or denial for other reason by the board.] so long as:
(a) The applicant is not the subject of a past or pending disciplinary action in another jurisdiction; and
(b) The applicant's prior criminal record history is satisfactory to the board after a criminal history record check is conducted on the applicant.
[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.] III. The board shall 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 good standing, in another jurisdiction of the United States for a period of 5 years or more.
4 New Paragraph; General Administration of Regulatory Boards and Commissions; Reciprocity Information. Amend RSA 332-G:12 by inserting after paragraph II the following new paragraph:
III. The boards of psychology, mental health practice, and alcohol and drug use professionals shall issue reciprocal licenses in accordance with the requirements listed in RSA 330-A:26, 329-B:20 and 330-C:21.
5 Effective Date. This act shall take effect 60 days after its passage.