NHLA Bill Review: HB1408 (2024) Detail

HB1408 (2024) Detail

Relative to the merger of and reorganization of various occupational boards.

HB 1408 - AS INTRODUCED

2024 SESSION

24-2687

09/10

HOUSE BILL 1408

AN ACT relative to the merger of and reorganization of various occupational boards.

SPONSORS: Rep. T. Lekas, Hills. 38; Rep. Osborne, Rock. 2

COMMITTEE: Executive Departments and Administration

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ANALYSIS

This bill:

1. Merges the board of architects with the board of landscape architects, and makes other amendments to implement this merger.

2. Merges the board of mental health practice, the board of psychologists, and the board of licensing for alcohol and other drug use professionals, and makes other amendments to implement this merger.

3. Makes amendments to the organization of the board of accountancy; the board of barbering, cosmetology, and esthetics; the board of dental examiners; the board of licensing for foresters; the board of natural scientists; the pharmacy board; and the board of veterinary medicine.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2687

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to the merger of and reorganization of various occupational boards.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Architects and Landscape Architects. RSA 310-A:28 through 310-A:52 is repealed and reenacted to read as follows:

310-A:28 Definitions. As used in this subdivision:

I. "Architect" means a person who, by reason of having acquired through professional education and practical experience an advanced training in building construction and architectural design and an extensive knowledge of building standards created to safeguard the public from hazards such as fire, panic, structural failure, and unsanitary conditions, is technically and legally qualified to practice architecture and who is licensed by the board or otherwise authorized by this subdivision to engage in the practice of architecture.

II. "Architecture" means any professional service or creative work requiring the application of advanced knowledge of architectural design, building construction and standards, and involving the constant exercise of discretion and judgment in such activities as consultation, investigation, evaluation, planning, design, or responsible supervision of construction in connection with any public or private buildings, wherein the safeguarding of life, health, or property is concerned.

III. "Board" means the board of architects and landscape architects.

IV. "Business organization" means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization, organized for gain or profit, carrying on any business activity within the state.

V. "Landscape architect" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of landscape architecture as attested by licensing as a landscape architect.

VI. "Landscape architectural practice" means the performance of professional services in connection with the development of land areas where, and to the extent that the dominant purpose of such services is the preservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the setting, approaches, or environment for structures of other improvements, natural drainage and the consideration and determination of inherent problems of the land relating to erosion, wear and tear, blight, or other hazards, to the extent that such services protect public health, safety, and welfare. The practice of landscape architecture shall include the location, design, and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this paragraph, but shall not include the design, assessment, analysis, or evaluation of structures or facilities with separate and self-contained purposes, streets or highways, utilities, storm and sanitary sewer systems and appurtenant structures, and water and sewage treatment facilities such as are exclusive to the practice of professional engineers, natural scientists, or architects as defined in this chapter. Furthermore, this practice shall not include the making of land surveys or final land plats for official approval or recording, the official mapping of soils, or the analysis, testing, and reporting of soil and bedrock conditions, delineation of wetlands or determination of soil, surface, or groundwater related to hazardous waste contamination. The practice of landscape architecture shall include:

(a) Production of graphic and written material for use in the planning and design of land development programs including:

(1) Preparation, review, and analysis of master plans and land development plans incidental to the practice of landscape architecture.

(2) Reconnaissance, planning, construction documents and specifications, and construction supervision incidental to the practice of landscape architecture.

(3) Providing professional services for feasibility studies and site selection incidental to the practice of landscape architecture.

(4) Providing professional advice on land preservation, restoration, conservation, reclamation, rehabilitation, management, and development incidental to the practice of landscape architecture.

(b) Consultation, research, stewardship, analysis, investigation, reconnaissance, and construction overview.

310-A:29 Board of Architects and Landscape Architects; Establishment; Criteria; Terms; Compensation and Expenses; Meetings; Records and Reports; Roster.

I. A board of architects and landscape architects is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, 2 of whom shall be architects, 2 of whom shall be landscape architects, and one public member. The public member of the board shall be a person who is not, and never was, a member of the architectural or landscape architectural professions or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of architectural or landscape architectural services or an activity directly related to architecture or landscape architecture, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.

II. Each member of the board shall be a citizen of the United States and a resident of this state. Each architect member shall have actively practiced architecture for the chief means of livelihood for at least 10 years prior to appointment and shall have held a responsible position in charge of such work for at least 5 years prior to appointment, which may include the teaching of architecture. Each landscape architect member shall have actively practiced landscape architecture for the chief means of livelihood for at least 10 years prior to appointment and shall have held a responsible position in charge of such work for at least 5 years prior to appointment, which may include the teaching of landscape architecture.

III. Members shall be appointed for 5-year terms, except that no more than one appointed member's term may expire in any one calendar year. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.

IV. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.

310-A:30 Rulemaking Authority.

I. The board shall adopt rules, pursuant to RSA 541-A, relative to:

(a) The eligibility criteria for initial licensure, including examination requirements;

(b) The criteria for a license to be renewed or reinstated, including any requirements for continuing education;

(c) Ethical and professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards; and

(d) The design of an official seal required by RSA 310-A:37.

II. In adopting any rule under this section, the board shall consult with the office of professional licensure and certification established under RSA 310.

310-A:31 Licensure Required.

I. No person shall practice architecture in this state, except as permitted in RSA 310-A:32, without an architect's license issued under this subdivision.

II. No person shall practice landscape architecture in this state, except as permitted in RSA 310-A:33, without a landscape architect’s license issued under this subdivision.

310-A:32 Eligibility Requirements for Licensure as an Architect.

I. The following eligibility requirements shall be considered as minimum evidence that an applicant is qualified for licensure to practice architecture in this state:

(a) Applicant shall be at least 21 years of age and shall have graduated from high school or its equivalent; and

(b) Applicant shall hold a professional degree in architecture from an accredited school and have had such diversified practical experience, including academic training, as the board shall deem appropriate and as established in rule pursuant to RSA 541-A; or

(c) In lieu of a professional degree in architecture, the board may accept evidence of additional diversified practical experience, including academic training, as the board shall deem appropriate and as established in rule pursuant to RSA 541-A.

II. Upon complying with the eligibility requirements set forth in this section, the applicant shall, in order to become licensed, pass written examinations as provided in RSA 310-A:36, except as otherwise provided in RSA 310-A:41.

III. The satisfactory completion of each year of an approved curriculum in architecture in a school or college approved by the board, without graduation, shall be considered as equivalent to a year of experience under RSA 310-A:32, I(c). Graduation in a curriculum other than architecture from a college or university of recognized standing may be considered as equivalent to 2 years of experience under RSA 310-A:32, I(c). No applicant shall receive credit for more than 4 years of experience because of undergraduate educational qualifications.

IV. In considering the qualifications of applicants, architectural teaching may be construed as architectural experience.

V. The mere execution, as a contractor, of work designed by an architect or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be experience in architecture.

310-A:33 Eligibility Requirements for Licensure as a Landscape Architect.

I. Each applicant for licensure as a landscape architect shall meet one of the following requirements:

(a) Possession of an accredited 4-year landscape architecture degree or equivalent, and 3 years professional experience under the direct supervision of a licensed landscape architect; or

(b) Possession of a non-accredited 4-year landscape architecture degree or a 4-year degree in a related field and 5 years professional experience, 3 of which shall be under the direct supervision of a licensed landscape architect.

II. Upon complying with the preliminary requirements set forth in this section, the applicant shall, in order to become licensed, pass written examinations as provided in RSA 310-A:36 except as otherwise provided in RSA 310-A:42.

III. In considering the qualifications of applicants, landscape architectural teaching may be construed as landscape architectural experience.

IV. The mere execution, as a contractor, of work designed by a landscape architect or the supervision of the construction of such work as a foreman or superintendent shall not be deemed to be experience in landscape architecture.

310-A:34 Applications. Applications for licensure shall be on forms prescribed by the board, and shall contain statements made under oath showing the applicant's education and a detailed summary of the applicant's technical work.

310-A:35 Certificates for Architecture Business Organizations.

I. The practice of, or offer to practice, architecture for others by individual architects, licensed under this subdivision, through a business organization as officers, partners, associates, employees, or agents is permitted, subject to the provisions of this subdivision; provided that:

(a) One or more of the corporate officers of a corporation or one or more general partners or associates is designated as being responsible for the architectural activities and architectural decisions of the business organization and is a licensed architect under this subdivision.

(b) All personnel of the business organization who act in its behalf as architects are licensed under this subdivision.

(c) The business organization has been issued a certificate of authorization by the office of professional licensure and certification, as provided in this section.

II. The requirements of this subdivision shall not affect a business organization or its employees in performing services for such business organization or its subsidiary or affiliated business organizations. All final drawings, specifications, plans, reports, or other architectural papers or documents involving the practice of architecture, when issued or filed for public record, shall be dated and bear the signature and seal of the architect who prepared them or under whose direct supervisory control they were prepared.

III. A business organization desiring a certificate of authorization shall file an application with the office of professional licensure and certification, using a form provided by the office, listing the names and addresses of all officers and board members, general and limited partners, associates, and any individuals duly licensed to practice architecture in this state who shall be in responsible charge of the practice of architecture in this state through the business organization, and any other information required by the board. The same form, giving the same information, shall be part of any required renewal application. If there is a change in any of these persons during the year, such change shall be designated on the same form and filed with the office within 30 days after the effective date of such change. If all requirements of this section are met, the office shall issue a certificate of authorization to such business organization, and such business organization shall be authorized to contract for and to collect fees for furnishing architectural services.

IV. No business organization shall be relieved of responsibility for the conduct or acts of its agents, employees, officers, or partners, by reason of its compliance with the provisions of this section, nor shall any individual practicing architecture be relieved of responsibility for architectural services performed by reason of such individual's employment by or relationship with such business organization.

V. The secretary of state shall not issue a certificate of incorporation to an applicant for incorporation or for registration as a foreign business organization which includes the words architect, architectural, or architecture or any modification or derivative thereof in its corporate or business name or which includes the practice of architecture among the objects for which it is established unless the office shall have issued, with respect to such applicant, a certificate of authorization or eligibility for authorization, a copy of which shall have been presented to the secretary of state. Similarly, the secretary of state, after a reasonable transition period, shall decline to register any trade name or service mark which includes such words or modifications or derivatives thereof in its firm or business name except to partnerships, sole proprietorships, and associations holding certificates of authorization issued under the provisions of this subdivision, a copy of which shall have been presented to the secretary of state.

VI. An architect who renders occasional, part-time, or consulting architectural services to or for a business organization may not, for the purposes of this section, be designated as being responsible for the architectural activities and decisions of such business organization.

VII. This subdivision shall not apply to business organizations that provide only landscape architect services.

310-A:36 Examinations.

I. The board shall prescribe the scope of the examination for licensure as an architect, which shall include the following subjects: pre-design, general structures, lateral forces, mechanical and electrical systems, materials and methods, construction documents and services, site planning, building planning, and building technology.

II. The board shall prescribe the scope of the examination required for licensure as a landscape architect.

310-A:37 Certificates; Seals. The office of professional licensure and certification shall issue a license upon payment of the registration fee established by the office to any applicant who has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license by the office shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed architect or landscape architect, as applicable, while the license remains valid. Each licensee shall upon licensure obtain a seal of the design authorized by the board, bearing the registrant's name and the legend, "licensed architect" or “licensed landscape architect”, as applicable. All papers or documents involving the practice of a profession under this subdivision, when issued or filed for public record, shall be dated and bear the signature and seal of the licensed professional who prepared or had responsibility for and approved them. It shall be a class B misdemeanor for the licensee to stamp or seal any documents with such seal after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.

310-A:38 Continuing Education Required.

I. Any person holding an architect license shall be required to complete 12 units of continuing education each year in accordance with rules established by the board pursuant to RSA 541-A. Each person shall be responsible for maintaining evidence of his or her continuing education units and shall submit such evidence of continuing education units to the office of professional licensure and certification biennially upon renewal of his or her license.

II. Any person holding a landscape architect license shall be required to complete a minimum of 30 hours of continuing education in accordance with rules established by the board pursuant to RSA 541-A. Each person shall be responsible for maintaining evidence of his or her continuing education units and shall submit such evidence of continuing education units to the office of professional licensure and certification biennially upon renewal of his or her license.

310-A:39 Professional Misconduct. Misconduct sufficient to support disciplinary proceedings under this section shall include:

I. The practice of fraud or deceit in procuring or attempting to procure or renew a certificate to practice under this subdivision.

II. Conviction of a felony or any offense involving moral turpitude.

III. Any unprofessional conduct or dishonorable conduct unworthy of, and affecting the practice of the profession.

IV. Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee.

V. Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision.

VI. Mental incompetency to practice under this subdivision.

VII. Willful or repeated violation of the provisions of this subdivision.

VIII. Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.

IX. Violations of the rules of professional conduct for architects or landscape architects, as applicable, or any other rule adopted by the board or the office of professional licensure and certification.

X. Providing false testimony before the board.

XI. Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision.

XII. Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of architecture or landscape architecture, as applicable.

310-A:40 Reissuance of Licenses. The office of professional licensure and certification, for reasons the board may deem sufficient, may reissue a license to any person whose license has been suspended or revoked. A new license may be issued, subject to the rules of the board, and a fee, established by the office of professional licensure and certification, shall be paid for such issuance.

310-A:41 Exemptions Applicable to Architecture. The seal of a licensed architect shall be required for all buildings or structures covered by the New Hampshire building code under RSA 155-A, with the following exemptions:

I. The preparation of drawings and specifications for and the supervision of the construction or alteration of a single-family or 2-family residence or of any building used for farm purposes.

II. The alteration of an existing building not involving any of the following:

(a) A change in the primary structural frame or bearing wall; or

(b) A change in use or occupancy to one of a higher hazard classification.

III. The practice of architecture by officers and employees of the United States while engaged within the state in the practice of architecture for the federal government.

IV. The preparation of drawings and specifications for, and the supervision of any new or reconstructed structure meeting all of the following conditions:

(a) The primary structural frame is not reinforced concrete or structural steel;

(b) The building height is 2 1/2 stories or less;

(d) The occupancy classification is not a group A, E, H, I, or R-4.

310-A:42 Exemptions Applicable to Landscape Architecture. Nothing in this subdivision shall be construed to prevent or affect:

I. The preparation of details and shop drawings by persons, other than landscape architects, for use in connection with the execution of their work.

II. The preparation of plans, drawings, and specifications for and the supervision of the construction or alteration of landscape design associated with farms, residences, or institutional or commercial uses, where the client or reviewing governmental entity does not require the stamp of a licensed landscape architect.

III. Supervision by builders, or superintendents employed by such builders, of the installation of landscape projects.

IV. Business conducted in this state by any agriculturist, horticulturist, tree expert, arborist, forester, wetland scientist, certified professional in erosion and sediment control, natural scientist, soil scientist, nurseryman or landscape nurseryman, gardener, landscape gardener, landscape designer, landscape contractor, irrigation contractor, irrigation designer, garden or lawn caretaker, or grader or cultivator of land, as these terms are generally used, except that no such person shall use the designation "landscape architect", "landscape architectural", or "landscape architecture" unless licensed as a landscape architect under this subdivision.

V. The practice of architecture by an architect licensed in this state, or the practice of professional engineering or land surveying by a professional engineer or land surveyor licensed in this state, or the preparation of wetland mitigation plans by a wetland scientist, natural scientist, or soil scientist, provided that no such architect, professional engineer, wetland scientist, natural scientist, soil scientist, or land surveyor shall use the designation "landscape architect", "landscape architectural", or "landscape architecture" unless licensed as a landscape architect in this state.

VI. The practice of landscape architecture by officers and employees of the United States while engaged within the state in the practice of landscape architecture for the federal government.

VII. Professional engineers, when engaged in the lawful practice of engineering under RSA 310-A, from performing engineering work which could be defined in this subdivision as within the practice of the profession of landscape architecture.

2 New Hampshire Building Code; State Building Code Review Board. Amend RSA 155-A:10, I(a) to read as follows:

(a) One architect licensed in this state for a minimum of 5 years, nominated by the board of architects and landscape architects established in RSA 310-A:29.

3 Office of Professional Licensure and Certification; Definitions; Establishment. Amend RSA 310:2, II(j) to read as follows:

(j) Board of architects and landscape architects under RSA 310-A:29.

4 Repeal. The following are repealed:

I. RSA 310-A:140 through 310-A:160, relative to licensing landscape architects.

II. RSA 310:2, II(s), relative to board of landscape architects.

5 Mental Health Practice. RSA 330-A is repealed and reenacted to read as follows:

330-A:1 Mental Health Practice; Purpose. 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 clinical mental health counselor, a clinical social worker, a licensed alcohol and drug counselor, a licensed social worker, a marriage and family therapist, a master licensed alcohol and drug counselor, a school social worker, a school psychologist, a social work associate, a pastoral psychotherapist, or a psychologist, and to promote competency in the provision of services provided by professionals licensed under this chapter.

330-A:2 Mental Health Practice; Definitions.

I. "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, social or economic function, or the health and welfare of others, and can be used interchangeably with "substance use".

II. "Board" means the board of mental health practice.

III. "Certified recovery support worker" or "CRSW", means an individual certified by the office of professional licensure and certification to provide recovery support to persons with substance use disorders, who meets the qualifications in this chapter.

IV. “Clergy" means any minister, priest, rabbi, Christian Science practitioner, or any other similar religious counselor.

V. “Client” or "patient" means a person who seeks or obtains mental health services, psychotherapy, or substance use counseling.

VI. "Clinical supervision" means an ongoing, regularly occurring process of examination, critique, and improvement of a counselor's skills, directed by the counselor's designated clinical supervisor, and is typically one-to-one or small group in structure, and utilizes the methods of intensive case review and discussion, and direct and indirect observation of clinical practice.

VII. "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 individuals certified or licensed under this chapter and which are recognized by the board.

VIII. "Continuum of care network" means public and private substance use care agencies such as detoxification centers, emergency rooms, hospitals, treatment centers, outpatient and day treatment clinics, and community residences for substance users.

IX. "Co-occurring disorders" means a diagnosis that includes both a mental illness and substance use disorder.

X. "Core functions and practice dimensions of addiction counseling" means the following 12 activities an alcohol and drug counselor performs in the role of counselor: screening, intake, orientation, assessment, treatment planning, counseling (individual, group, and significant others), case management, crisis intervention, client education, referral, reports and record keeping, and consultation with other professionals in regard to client treatment and services.

XI. “Former client" or "former patient" means a person who was given mental health services within the previous 7 years.

XII. "Licensed alcohol and drug counselor" or "LADC", means an individual licensed under this chapter to practice substance use counseling who meets the qualifications set forth in this chapter.

XIII. "Licensed clinical supervisor" or "LCS", means an individual licensed under this chapter to practice and supervise substance use counseling, who meets the qualifications set forth in this chapter.

XIV. “Licensed school psychologist” means any person licensed under this chapter to practice school psychology.

XV. "Office” means the office of professional licensure and certification.

XVI. "Master licensed alcohol and drug counselor" or "MLADC", means an individual licensed under this chapter to practice substance use and co-occurring disorder counseling who meets the qualifications set forth in this chapter.

XVII. "Mental health disorder" or "mental illness" means any mental disorder, including a disorder of thought, mood, or behavior that causes distress and results in a reduced ability to function psychologically, socially, occupationally, or interpersonally, as set forth in the current version of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

XVIII. “Mental health discipline" means the disciplines of those licensed as a clinical mental health counselor, a clinical social worker, a licensed social worker, a marriage and family therapist, a master licensed alcohol and drug counselor, a school social worker, a school psychologist, a social work associate, a pastoral psychotherapist, or a psychologist.

XIX. "Mental health practice" means the observation, description, evaluation, interpretation, diagnosis, and modification of human behavior by the application of psychological and systems principles, methods, and procedures for the purpose of preventing or eliminating symptomatic, maladapted, or undesirable behavior and of enhancing interpersonal relationships, work and life adjustments, personal effectiveness, behavioral health, and mental health, as well as the diagnosis and treatment of the psychological and social aspects of physical illness, accident, injury, or disability. Mental health practice may include, but shall not be limited to, those services based on diagnosis and treatment of mental and emotional disorders and psycho-educational or consultative techniques integral to the treatment of such disorders when diagnosis is specified in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, or an equivalent of such manual as determined by the board. Notwithstanding any other provision to the contrary, no person licensed or registered under this chapter shall assess the need for medications, prescribe medications, or otherwise practice medicine as defined in RSA 329.

XX. "Mental health practitioner" means persons licensed under this chapter as a clinical mental health counselor, a clinical social worker, a licensed social worker, a marriage and family therapist, a master licensed alcohol and drug counselor, a school social worker, a school psychologist, a social work associate, a pastoral psychotherapist, or a psychologist. For purposes of this chapter, the term clinical social worker shall include independent clinical social worker.

XXI. "Peer collaboration" means ongoing regularly occurring clinical consultation with, or small group meetings among, mental health practitioners, substance use counselors, or licensees of the board of nursing or the board of medicine with expertise in substance use and co-occurring disorder counseling, at which clinical issues and/or cases are discussed.

XXII. "Practice of substance use counseling" means the rendering or offering to render professional service for any documented fee or other consideration to individuals, families, or groups. Those professional services include the application of the specific knowledge, skills, counseling theory, and application of techniques to assess, diagnose, define goals, and develop a treatment plan of action aimed toward prevention, education, or treatment in the recovery process of substance use disorders within the continuum of care network. The practice further includes, but is not limited to, networking and making referrals to medical, social services, mental health services, psychiatric, or legal resources when so indicated.

XXIII. “Privilege" is the right of a patient for privacy of his or her mental health and substance use disorder records, which belong to the patient, and which shall not be abridged except by court order or other exception under state or federal law.

XXIV. "Psychology practice by a licensed psychologist" means:

(a) The observation, description, evaluation, interpretation, prediction, and modification of human behavior by the application of psychological principles, methods, and procedures, for the purposes of:

(1) Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior;

(2) Evaluating, assessing, or facilitating the enhancement of individual, group, or organizational effectiveness, including personal effectiveness, adaptive behavior, interpersonal relationships, work and life adjustment, health, and individual, group, or organizational performance; or

(3) Assisting in legal decision-making.

(b) Psychological testing and the evaluation or assessment of personal characteristics, such as intelligence; personality; cognitive, physical, and emotional abilities; skills; interests; aptitudes; and neuropsychological functioning;

(d) Diagnosis, treatment, and management of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, and the psychological and behavioral aspects of medical/physical illness, accident, injury, or disability;

(e) Psycho-educational evaluation, therapy, and remediation;

(f) Consultation and coordination with other psychologists, physicians, other health care professionals, and patients regarding all available treatment options, including medication, with respect to provision of care for a specific client or patient or group;

(g) Provision of direct services to individuals or groups for the purpose of enhancing individual and organizational effectiveness, or using psychological principles, methods, or procedures to assess and evaluate individuals on personal characteristics for individual development or behavior change, or for making decisions about the individual, such as selection;

(h) Provision of any of these services or activities by any means, including electronic or telephonic; and

(i) The supervision, ordering, referring, and prescribing of any of these services or activities.

The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.

XXV. "Psychology services by a licensed psychologist" means the observation, description, evaluation, interpretation, diagnosis, and modification of human behavior by the application of psychological and systems principles, methods, and procedures for the purpose of preventing or eliminating symptomatic, maladapted, or undesirable behavior and of enhancing interpersonal relationships, work and life adjustments, personal effectiveness, behavioral health, and mental health, as well as the diagnosis and treatment of the psychological and social aspects of physical illness, accident, injury, or disability. Psychology services may include, but shall not be limited to, those services based on diagnosis and treatment of mental and emotional disorders and psycho-educational or consultative techniques integral to the treatment of such disorders when diagnosis is specified in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, The International Classification of Disease Manual (ICD), or an equivalent of such manual as determined by the board. Psychological services may be rendered to individuals, families, groups, systems, or organizations.

XXVI. “Psychologist" means any person licensed as a psychologist under this chapter.

XXVII. "Psychology intern, resident, or fellow" means a person in training as a psychologist, subject to the provisions of this chapter and regulation by the board.

XXVIII. "Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.

XXIX. "Psychotherapist" means a clinical mental health counselor, a clinical social worker, a licensed social worker, a marriage and family therapist, a master licensed alcohol and drug counselor, a school social worker, a school psychologist, a social work associate, a pastoral psychotherapist, or a psychologist licensed under this chapter who performs or purports to perform psychotherapy. This definition shall include psychiatrists licensed as physicians under RSA 329 and advanced registered nurse practitioners licensed under RSA 326-B:18 as psychiatric nurse practitioners.

XXX. "School psychology practice" by a licensed school psychologist means:

(a) Practices that permeate all aspects of service delivery through:

(1) Data-based decision making and accountability; and

(2) Consultation, coordination, and collaboration.

(b) Direct and indirect services for children, families, and schools which include:

(1) Student-level services including:

(A) Conducting, interpreting, and communicating the findings of assessments of students, including but not limited to their:

(i) Intellectual ability.

(ii) Cognitive processing.

(iii) Academic achievement.

(iv) Behavior.

(v) Social and emotional functioning.

(vi) Learning environments.

(vii) Adaptive functioning.

(B) Designing, implementing, monitoring, and adapting instructional and behavioral supports and interventions; and

(C) Creating, implementing, evaluating, ordering, referring, and prescribing mental health interventions and direct services to develop social/emotional and life skills.

(2) Systems-level services including:

(A) Interacting effectively in a school setting by understanding systems, roles, curriculum, instruction, and assessment to promote socialization, learning, and mental health; and

(B) Implementing and evaluating school wide practices that promote learning.

(3) Preventative and responsive services including:

(A) Applying principles of resilience and risk factors in learning and mental health;

(B) Promoting multi-tiered systems of support; and

(4) Foundations of professional school psychological services which include:

(A) Understanding and analyzing the diversity in human development and learning including culture, context, and individual differences;

(B) Explaining typical and atypical psychological and educational development in children and youth;

(C) Synthesizing, evaluating, and applying theories and models of research, empirical findings, and techniques related to student learning;

(D) Utilizing research design, statistics, measurement, and varied data collection and analysis techniques;

(E) Designing and implementing program evaluation to support evidence-based practices at the individual, group, and/or systems levels;

(F) Integrating the history and foundations of psychology into a professional identity and practice as a school psychologist; and

(G) Adhering to ethical, legal, and professional standards including:

(i) Ethical and professional decision making; and

(ii) Professional work characteristics and disposition that reflect personal integrity.

XXXI. "School psychology services" by a licensed school psychologist means the provision of services related only to functioning at school and transition to post-secondary goals, including: the observation, description, evaluation, interpretation, diagnosis, and modification of human behavior by the application of psychological and systems principles, methods, and procedures for the purpose of preventing or eliminating symptomatic, maladapted, or undesirable behavior and of enhancing interpersonal relationships, school and life adjustments, personal effectiveness, behavioral health, and mental health, as well as the diagnosis and treatment of the psychological and social aspects of physical illness, accident, injury, or disability. School psychology services may include, but shall not be limited to, those services based on diagnosis and treatment of mental and emotional disorders and psycho-educational or consultative techniques integral to the treatment of such disorders when diagnosis is specified in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, The International Classification of Disease Manual (ICD), or an equivalent of such manual as determined by the board. School psychological services may be rendered to individuals, families, groups, systems, or organizations within school settings and other locations as provided in this chapter.

XXXII. "Sexual relations" means the intentional touching of any part of the client or patient's body or any verbal or nonverbal communication for the purpose of sexual arousal or gratification of either party.

XXXIII. "Substance use disorder" means a disorder related to the taking of a drug, including alcohol.

XXXIV. "Supervised practical training" means experiential activities monitored by one or more clinical supervisors who provide timely feedback to assist the counselor in the learning process, and which are designed to provide training of specific knowledge and skills necessary to competently perform the tasks inherent in the performance domains of substance use counseling. The supervision shall be at a location mutually convenient to both the supervisor and the candidate for licensure.

XXXV. "Work experience" means paid or voluntary experience under clinical supervision with a primary focus on utilizing alcohol and other drug use treatment or intervention theories, techniques, or methodologies.

330-A:3 Mental Health Practice; Board.

I. There shall be a board of mental health practice composed of the following 7 members: one psychologist, one school psychologist, one master licensed alcohol and other drug use counselor, one clinical social worker, one mental health counselor, one marriage and family therapist, and one public member. The members shall be appointed to a term of 3 years by the governor with the approval of the council. The members of the board shall elect a chairperson on an annual basis. No discipline's representative and no individual public member shall serve as chairperson for more than 2 years consecutively. The public member of the board shall be a person who is not, and never was, a member of the mental health profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of mental health services, a health insurance company, health maintenance organization, or an activity directly related to mental health practice, including representation of the boards or profession for a fee, at any time during the 5 years preceding appointment.

II. The board members shall not serve more than 2 consecutive 3-year terms.

330-A:4 Mental Health Practice; Rulemaking Authority. The board shall adopt rules, pursuant to RSA 541-A, relative to:

I. The eligibility requirements for licensure or certification for initial, renewal, and reinstatement of licensure.

II. Ethical standards required to be met by each profession licensed or certified under this chapter.

III. Compliance with the mental health client bill of rights.

IV. Establishment of the scope of practice for each mental health discipline licensed or certified under this chapter.

V. Continuing education requirements for each mental health discipline licensed or certified under this chapter.

VI. Requirements to be met by licensees or certified individuals relative to the disclosure of information to patients and the general public concerning the nature of mental health care and the responsibilities of mental health practitioners to clients.

VII. Standards for clinical supervision or peer collaboration and documentation of clinical supervision or peer collaboration.

VIII. Completion of a survey or opt out form provided by the office of rural health, department of health and human services, during the license renewal process.

330-A:5 Mental Health Practice; Information on Sexual Misconduct. The board, through the office of professional licensure and certification, shall inform all applicants for licensure under this chapter that the board deems sexual misconduct to be unethical, unprofessional, and dishonorable conduct subject to disciplinary action by the board.

330-A:6 Mental Health Practice; Mental Health Client Bill of Rights. The board shall adopt rules under RSA 541-A for the provision of informed consent for client or patient rights, based on the professional codes of ethics as they apply in the variety of settings in which licensed mental health providers practice. When addressing the client or patient rights, reasonable accommodations shall be made for those persons who cannot read or who have communication impairments and those who do not understand English.

330-A:7 Mental Health Practice; Criminal History Record Check.

I. Every applicant for initial licensure shall submit to the office a criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the office.

II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

III. The office shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the office. The office shall maintain the confidentiality of all criminal history records information received pursuant to this section.

IV. The applicant shall bear the cost of a criminal history record check.

330-A:8 Mental Health Practice; Certified Recovery Support Worker.

I. The office shall issue a certification to practice as a certified recovery support worker to applicants who:

(a) Have a high school diploma or its equivalent; and

(b) Have completed training requirements established by the board.

II. The scope of practice of a certified recovery support worker includes:

(a) The provision of basic screening of persons with substance use and co-occurring mental health disorders to determine whether referral for further assessment and formal diagnosis is needed and the making of appropriate referrals.

(b) The provision of monitoring of clients' health and safety including basic recognition of signs and symptoms of addiction, intoxication, and withdrawal, and the implementation of structured interventions to ensure the immediate safety of clients demonstrating such symptoms.

(c) The provision of recovery support including practical support, mentoring, and education about addiction, community peer support, role of medication and co-occurring disorders in addiction.

(d) Adherence to the ethical standards of the substance use treatment profession as determined by the board.

330-A:9 Mental Health Practice; Provisional License.

I. Applicants for licensure under this section may apply to the office for provisional licensure. To receive a provisional 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 supervisory agreement, with documented intent to pursue licensure as a clinical social worker under this chapter.

(b) School Social Worker:

(1) Hold a master's or doctoral degree in social work or social welfare from a CSWE approved program.

(2) Obtain a supervisory agreement, with documented intent to pursue licensure as a clinical social worker under this chapter.

(1) Hold a bachelor's degree in social work or social welfare from a CSWE approved program.

(2) Obtain a supervisory agreement, with documented intent to pursue licensure as a licensed social worker under this chapter.

(d) 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 supervisory agreement, with a documented intent to pursue licensure as a licensed social work associate under this chapter.

(e) Clinical Mental Health Counselor:

(1) Hold a master's or doctoral degree in clinical mental health counseling from a CACREP accredited institution or its equivalent which has received regional accreditation from the Association of Secondary Schools and Colleges.

(2) Obtain a supervisory agreement with documented intent to pursue licensure as a clinical mental health counselor under this chapter.

(f) Marriage and Family Therapist:

(1) Hold a master's or doctoral degree in family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education or has a master's degree or doctorate degree with a concentration in the field of marriage and family therapy from a regionally accredited institution or has a clinical membership in the American Association for Marriage and Family Therapy.

(2) Obtain a supervisory agreement, with documented intent to pursue licensure as a marriage and family therapist under this chapter.

II. Provisional licenses issued under this section shall be valid in accordance with RSA 310:8, except that licensees shall not be permitted to renew their provisional license more than once.

330-A:10 Mental Health Practice; Clinical Mental Health Counselors. The office shall issue a clinical mental health counselor license to any person who meets all of the following requirements or their equivalent:

I. Has a 60-credit master's or doctoral degree in clinical mental health counseling from a Council for Accreditation of Counseling and Related Educational Programs (CACREP) accredited institution or its equivalent which has received regional accreditation from the Association of Secondary Schools and Colleges.

II. Has passed the clinical mental health counselor's proctored examination of the National Board for Certified Counselors, Inc.

III. Has completed a minimum of 2 years and 3,000 hours of post-master's clinical experience supervised by an individual qualified to provide such supervision, as set forth in rules established by the board pursuant to RSA 541-A. A current master licensed alcohol and drug counselor (MLADC) license shall be eligible to substitute 1,500 hours of the required 3,000 hours of supervised clinical experience.

330-A:11 Mental Health Practice; Clinical Social Workers. The office shall issue a clinical social worker license to any person who meets all the following requirements or their equivalent:

I. Has received a college undergraduate degree.

II. Has received a 2-year master's degree or doctorate degree in social work from a school approved by the Council on Social Work Education.

IV. Has passed a national proctored examination approved by the board.

330-A:12 Mental Health Practice; Licensed Alcohol and Drug Counselor; Initial License.

I. The office shall issue a license for a licensed alcohol and drug counselor to an applicant who:

(a) Has completed one of the following:

(1) Has graduated with an associate's degree in substance use counseling, addiction studies, or equivalent program, obtained 300 hours of alcohol and drug use education within the degree-granting program or separately, completed 6,000 hours of supervised work experience by a licensed clinical supervisor, and completed 300 hours of supervised practical training within the degree-granting program, as part of the supervised work experience or separately; or

(2) Has graduated with a bachelor's degree in a clinical mental health, social work, psychology, substance use counseling, addiction studies, human services discipline, or equivalent program from an accredited college or university, obtained 300 hours of alcohol and drug use education within the degree-granting program or separately, completed 4,000 hours of supervised work experience by a licensed clinical supervisor, and completed 300 hours of supervised practical training within the degree-granting program, as part of the supervised work experience or separately; and

(b) Has passed a nationally recognized examination approved by the board.

II. The scope of practice of the LADC is the screening, assessment, diagnosis, treatment planning, and treatment of substance use disorders and the screening and referral of mental health disorders under clinical supervision as defined in this chapter. The scope does not include the treatment of co-occurring disorders, unless the LADC is in an academic internship as part of a master's program in a mental health field or employed as a LADC and working toward mental health licensure under RSA 330-A or RSA 326-B. The practice of alcohol and drug counseling includes the following performance areas which encompass the 12 core functions and practice dimensions of addiction counseling:

(a) The performance of clinical evaluation including the screening, assessment, and diagnosis of alcohol and other drug use 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; referrals including co-occurring mental health and medical conditions; case management and service coordination including implementation of treatment plans, consultation, coordination of care with mental health and other community providers, ongoing assessment of progress and needs, and client advocacy; education; and documentation;

(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; and

(d) Adherence to professional and ethical responsibilities as determined by the board.

III. A LADC may engage in practice only under clinical supervision of an MLADC, LCS, LADC, psychiatric APRN, psychiatrist, or licensed mental health provider approved by the board.

330-A:13 Mental Health Practice; Licensed Clinical Supervisor.

I. The office shall issue a license to practice as a licensed clinical supervisor to applicants who:

II. Hold a current license as a MLADC or LADC;

III. Have 10,000 hours of experience as an alcohol and drug counselor;

IV. Have 4,000 hours of experience as a clinical supervisor supervising professionals providing alcohol and drug counseling, which hours may be accumulated by the applicant as part of the experience requirements in paragraph II;

V. Have received 200 hours of face-to-face clinical supervision;

VI. Have completed 30 hours of training in clinical supervision covering assessment, evaluation, counselor development, management, administration, and professional responsibility; and

VII. Pass a nationally recognized examination approved by the board.

VIII. The scope of practice of a licensed clinical supervisor is based on knowledge in the core functions and performance domains to supervise alcohol and drug counselors. This includes administrative, evaluative, clinical, and supportive oversight of the practice of alcohol and drug counselors licensed under this chapter and persons seeking licensure.

IX. The licensed clinical supervisor shall:

(a) Exercise responsibility over alcohol and drug counselors concerning all activities, including but not limited to, alcohol and drug counselor development, skill assessment and performance evaluation, staff management and administration, and professional responsibility.

(b) Not permit a supervisee to engage in any practice that the supervisee is not competent to perform.

(d) Be available or make appropriate provision for emergency consultation and intervention.

(e) Interrupt or stop the supervisee from practicing in given cases, or recommend to the supervisee's employer that the employer interrupt or stop the supervisee from practicing in given cases, and to terminate the supervised relationship, if necessary.

(f) Provide supervision at locations mutually convenient to both the supervisor and the supervisee.

330-A:14 Mental Health Practice; Licensed Social Workers.

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.

(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.

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 and other community providers, ongoing assessment of progress and needs, and client advocacy, education, and documentation.

(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, a psychiatrist, or a licensed mental health provider approved by the board. The supervising clinician shall sign off on any clinical diagnostic assessment and treatment plan established by a licensed social worker.

330-A:15 Mental Health Practice; Marriage and Family Therapists. The office shall issue a marriage and family therapist license to any person who meets all of the following requirements or their equivalent:

I. Has a master's degree or a doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, or has a master's degree or a doctorate degree with a concentration in the field of marriage and family therapy from a regionally accredited institution, or has clinical membership in the American Association for Marriage and Family Therapy.

II. Has passed the national proctored examination of the Association of Marital and Family Therapy Regulatory Boards.

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 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 office, 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 office. 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 shall be permitted as a substitute for 1,500 hours of the required 3,000 hours of supervised clinical experience.

330-A:16 Mental Health Practice; Master Licensed Alcohol and Drug Counselor; Scope of Practice.

I. The office shall issue a master licensed alcohol and drug counselor initial license to applicants who:

(a) Have graduated with a minimum graduate degree of a 60-hour master's degree or advanced standing master's 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; or, have graduated with a master's degree of less than 60 hours in a discipline described in this subparagraph and has completed the necessary additional hours of master's level course work as determined by the board.

(b) Either hold a current LADC license or pass the examination required for licensure as a LADC;

(c) Either hold a current license as a marriage and family therapist, a clinical social worker, a mental health counselor, or pastoral psychotherapist or pass the examination approved by the board to demonstrate competence to provide co-occurring disorder counseling within the context of substance use counseling.

(d) Complete 3,000 hours of clinically supervised post-master's 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 as a marriage and family therapist, a clinical social worker, a mental health counselor, or pastoral psychotherapist shall be eligible to be substituted for 1,500 hours of the required 3,000 hours of clinically supervised work experience.

II. The scope of practice of the MLADC is the screening, assessment, diagnosis, treatment planning, and treatment of substance use disorders and co-occurring disorders only within the context of addressing substance use disorders. The practice of alcohol and drug counseling and co-occurring disorder counseling includes the following performance areas which encompass the 12 core functions and practice dimensions of addiction counseling:

(a) The performance of clinical evaluations including the screening, assessment, and diagnosis of substance use disorders and mental health disorders when they are co-occurring with a substance use disorder, and the performance of differential diagnoses;

(b) The performance of treatment planning, case management, consultation, education, documentation, and client advocacy;

(1) Individual, group, family, and significant other counseling;

(2) Crisis prevention and intervention; and

(3) Co-occurring disorder counseling with the use of integrated models of assessment, intervention, and counseling techniques within the context or treatment of a substance use disorder; and

(d) Adherence to professional and ethical standards as determined by the board.

III. A MLADC may engage in independent practice within the scope of practice in this section only with clinical supervision or peer collaboration.

IV. A MLADC shall provide services only within the boundaries of his or her competence, based upon education, training, clinically supervised work experience, consultation, study, or professional experience.

330-A:17 Mental Health Practice; School Psychologist. The office shall issue a license to practice school psychology to any person who:

I. Has passed a satisfactory examination in psychology as determined by the board including a national school psychologists' examination.

II. Has completed one of the following:

(a) Any state board of education approved doctoral certificate of advanced graduate study or master’s level program in school psychologist; or

(b) Satisfaction of the following requirements:

(1) Completion of at least 60 semester hours or the equivalent of graduate study culminating in at least a master’s degree, of which at least 54 hours are exclusive of credit for the supervised internship experience described below; and

(2) Experience in a supervised internship in a general school setting for 1,200 clock hours, full-time over one year or half time over 2 consecutive years in a general school setting, provided that if additional experiences are provided in mental health clinics, psychiatric hospitals, and other institutions for children, such experiences shall not replace the supervised internship in a general school setting for more than 600 of the 1,200 hours.

III. Has submitted a complete set of fingerprints and a criminal history records release form to the department of safety; and

IV. Has paid all fees;

330-A:18 Mental Health Practice; School Social Workers. The office shall issue a school social worker license to any person who has completed all of the following requirements or their equivalent:

I. Has received a college undergraduate degree.

II. Has received a 2-year master's degree or doctorate degree in social work from a school approved by the Council on Social Work Education.

III. Has completed a minimum of 2 years of post-master's experience including completion of a minimum of 3,000 hours of post-master's, supervised school social work experience by a board approved licensed independent school 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:4.

IV. Has passed a national proctored examination approved by the board.

330-A:19 Mental Health Practice; Social Work Associates.

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; 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.

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:

(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.

(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 advanced practice registered nurse, or a licensed mental health provider approved by the board. The supervising clinician shall sign off on any clinical diagnostic assessment and treatment plan established by a licensed social work associate.

318-A:20 Mental Health Practice; Pastoral Psychotherapist. The office shall issue a pastoral psychotherapist license to any person who satisfactorily meets all of the following requirements or their equivalent:

I. Has passed a satisfactory proctored examination in pastoral counseling. The examination shall be set and defined by the board.

II. Has a baccalaureate degree from an accredited college.

III. Has a master of divinity degree, or an equivalent, from a school of theology accredited by the Association of Theological Schools.

IV. Has been authorized by a denomination or faith group through ordination, consecration, or equivalent means to exercise specific religious leadership and service within and on behalf of the denomination or faith group.

V. Has completed one unit of full-time clinical pastoral education or its equivalent.

VI. Has given evidence of serving at least 3 years as a clergy person, demonstrating growing maturity in one's identity and role as a professional religious leader.

VII. Has received a doctoral degree in pastoral psychotherapy based on a program the content of which was primarily psychology, pastoral psychotherapy, and clinical studies, or its equivalent in both subject matter and extent of training.

VIII. Has done at least 1,375 hours of pastoral counseling while receiving at least 250 hours of interdisciplinary supervision of that counseling, dealing with the theological and psychological dimensions of human development.

IX. Has given evidence of having undergone sufficient theological and psychotherapeutic investigation of one's own intrapsychic and interpersonal processes so that one is able to protect the client from the pastoral psychotherapist's problems and to deploy oneself to the maximum benefit of the client.

X. Has given evidence of:

(a) An understanding of the counseling and psychotherapeutic process;

(b) An ability to develop the counseling or psychotherapeutic relationship;

(d) An ability to integrate one's professional role and personal identity.

XI. Has attained the level of Fellow in the American Association of Pastoral Counselors or an equivalent organization.

330-A:21 Mental Health Practice; Psychologist. The office shall issue a psychologist license to any person who:

I. Has passed a satisfactory examination in psychology.

II. Has received a doctoral degree based on a program of studies, the content of which was primarily psychological, from a regionally accredited educational institution having a graduate program, or its substantial equivalent in both subject matter and extent of training.

III. Has had at least 2 years of satisfactory, supervised experience in the field of psychology.

IV. Has paid all fees.

V. Has submitted a complete set of fingerprints and a criminal history records release form to the department of safety as set forth in RSA 310.

330-A:22 Mental Health Practice; Privileged Communications. The confidential relations and communications between any person licensed under provisions of this chapter and such licensee's client are placed on the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communications to be disclosed, unless such disclosure is required by a court order or allowed by federal law pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or 42 C.F.R. Part 2. Confidential relations and communications between a client and any person working under the supervision of a person licensed under this chapter which are necessary and customary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with the supervising person licensed under this chapter, unless such disclosure is required by a court order. This section shall not apply to hearings conducted pursuant to RSA 135-C:27-54 or RSA 464-A.

330-A:23 Mental Health Practice; Persons Exempted.

I. Nothing in this chapter shall be construed to limit:

(a) The psychotherapy activities, services, or use of official title of a person in the employ of a federal, state, county, or municipal agency, other political subdivision, or duly chartered educational institution, insofar as such activities and services are a part of the duties of such person in that salaried position.

(b) The psychotherapy activities and services of a student, intern, or resident in a mental health discipline regulated by the board, who is pursuing a course of study approved by a regionally accredited degree-granting institution or at another training site approved as providing qualifying training and experience constituting a part of the supervised course of study, provided the student is designated as such by titles clearly indicating training status.

(c) The counseling activities and services of rabbis, priests, ministers, Christian Science practitioners, clergy, or members of religious orders when their counseling activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices or sponsorship of an established and legally recognized church or denomination.

(d) The psychotherapy activities and services of any other person providing mental health services as an employee of or consultant to an institution, facility, or nonprofit institution or agency which provides clinical mental health services and which provides clinical supervision of its staff and which assumes professional, ethical, and legal responsibility for such mental health services.

(e) The psychotherapy activities and services of physicians licensed under RSA 329, and advanced registered nurse practitioners licensed under RSA 326-B:18.

II. This chapter shall not be construed to prevent or restrict the mental health practice or substance use counseling activities of individuals who volunteer their services to non-profit charitable organizations and receive no remuneration for their services.

III. Nothing in this chapter shall be construed to prevent the New Hampshire department of education from credentialing individuals with the title certified school psychologist or certified associate school psychologists to provide school psychological services in those settings that are under the purview of the New Hampshire department of education. In addition, nothing in this chapter shall be construed to limit the ability of an educator in the field of psychology in a duly chartered educational institution to use his or her appropriate title.

330-A:24 Civil Liability; Duty to Warn.

I. Any person licensed 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 licensee 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 under this chapter if the licensee 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 under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II.

330-A:25 Mental Health Practice; Sexual Misconduct. Sexual relations with a client or a former client shall be considered sexual misconduct and shall be subject to disciplinary action under RSA 330-A and the duty to inform established in RSA 330-A:24.

330-A:26 Mental Health Practice; Sexual Misconduct; Duty to Inform.

I. If, during the course of mental health therapy a client alleges that a person licensed under this chapter has engaged with the client in sexual misconduct as defined in RSA 330-A:25, the person licensed under this chapter shall have a duty to inform the client in the manner provided for in paragraph II.

II. The duty may be discharged by, and no monetary liability or cause of action may arise against, any person licensed under this chapter, if the licensee informs the client of the unethical, unprofessional, and dishonorable conduct of the previous psychotherapist's actions. Any person licensed under this chapter shall also advise the client that such sexual misconduct is cause for disciplinary action by the board.

III. No civil or criminal liability shall arise concerning client privacy or confidentiality against a person licensed under this chapter for information disclosed to the board or any other statutorily created medical occupational licensing board conducting disciplinary proceedings in discharging the responsibilities established under this subdivision, provided that such information is disclosed in good faith.

IV. No civil action shall be maintained against any board member, the board, or its agents or employees, or against any organization or its members, including, but not limited to, any member of a professional standards review organization listed in RSA 507:8-c, I, or against any other person for or by reason of any statement, report, communication, or testimony to the board, or determination by the board in relation to disciplinary proceedings under this section provided that such statement, report, communication, or determination is made in good faith.

V. If the client decides to report such sexual misconduct to the board, the person licensed under this chapter shall provide, either directly or indirectly through referral, support and advocacy to such client in reporting the incident to the board.

6 Department of Health and Human Services; Commissioner of Health and Human Services. Amend RSA 126-A:5, XVIII-a(a) to read as follows:

(a) The state office of rural health (SORH) established in paragraph XVIII shall receive and collect data regarding surveys completed by participating licensees pursuant to RSA 317-A:12-a, RSA 318:5-b, RSA 326-B:9-a, RSA 328-D:10-a, RSA 328-F:11-a, RSA 329:9-f, [RSA 329-B:10-a] and RSA 330-A:4 [, RSA 330-A:10-a, and RSA 330-C:9-a].

7 New Hampshire Mental Health Services System; Regulation of State Services; Site Visits. Amend RSA 135-C:5, II to read as follows:

II. The commissioner or designees may conduct site visits and may otherwise audit and monitor all aspects of the administration, fiscal operations, and services of the program providing the service to determine compliance with the rules authorized under RSA 135-C:61. Auditing and monitoring may include review of the individual records of persons with severe mental disabilities, persons who receive emergency services, and/or persons whose services are paid for, in whole or in part, by state funds or federal funds in the state mental health services system, notwithstanding the provisions of RSA 329:26, [RSA 330-A:32] RSA 330-A:22, or any other law.

8 New Hampshire Mental Health Services System; Disclosure of Certain Information. Amend RSA 135-C:19-a to read as follows:

135-C:19-a Disclosure of Certain Information.

I. Notwithstanding RSA 329:26 and [RSA 330-A:32] RSA 330-A:22, a community mental health center or state facility providing services to seriously or chronically mentally ill clients may disclose information regarding diagnosis, admission to or discharge from a treatment facility, functional assessment, the name of the medicine prescribed, the side effects of any medication prescribed, behavioral or physical manifestations which would result from failure of the client to take such prescribed medication, treatment plans and goals and behavioral management strategies to a family member or other person, if such family member or person lives with the client or provides direct care to the client. The mental health center or facility shall provide a written notice to the client which shall include the name of the person requesting the information, the specific information requested and the reason for the request. Prior to the disclosure, the mental health center or facility shall request in writing the consent of the client. If consent cannot be obtained, the client shall be informed of the reason for the intended disclosure, the specific information to be released and the person or persons to whom the disclosure is to be made.

II. Notwithstanding RSA 329:26 and [RSA 330-A:32] RSA 330-A:22, when the medical director or designee determines that obtaining information is essential to the care or treatment of a person admitted pursuant to RSA 135-C:27-54, a designated receiving facility may request, and any health care provider which previously provided services to any person involuntarily admitted to the facility may provide, information about such person limited to medications prescribed, known medication allergies or other information essential to the medical or psychiatric care of the person admitted. Prior to requesting such information, the facility shall in writing request the person's consent for such request for information. If the consent cannot be obtained, the facility shall inform the person in writing of the care providers who have been requested to provide information to the facility pursuant to this section. The facility may disclose such information as is necessary to identify the person and the facility which is requesting the information. No care provider who discloses otherwise confidential information to a designated receiving facility following a request made pursuant to this section shall be held civilly or criminally liable for disclosing such information.

II-a. Notwithstanding RSA 329:26 and [RSA 330-A:32] RSA 330-A:22, when the medical director, or designee, determines that obtaining information is essential to the care and treatment of a person admitted pursuant to RSA 135-C:27-RSA 135-C:54 and the consent of the person admitted cannot be obtained, the designated receiving facility may request and any community mental health program which has previously provided services to such person shall immediately provide information about the person including medications prescribed, known medication allergies, services provided and other information essential to the medical and psychiatric care of the person admitted. The facility may disclose information necessary to identify the person and the facility which is requesting the information. No community mental health program which discloses otherwise confidential information to a designated receiving facility following a request made pursuant to this program shall be civilly or criminally liable for disclosing such information.

III. Notwithstanding RSA 329:26 and [RSA 330-A:32] RSA 330-A:22, a community mental health program or state facility may disclose to an interdisciplinary committee designated by the governor to review child fatalities, information which is relevant to a case of suicide or traumatic fatal injury under review by such committee. Information to be disclosed pursuant to this paragraph shall be limited to the diagnosis and course of treatment of the child or of the person who caused the fatality. Information disclosed pursuant to this paragraph shall remain confidential and shall not be subject to discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Any person who willfully rediscloses confidential information provided to a committee designated by the governor to review child fatalities shall be guilty of a violation.

9 Involuntary Civil Commitment of Sexually Violent Predators; Rules of Procedure and Evidence. Amend RSA 135-E:10, I to read as follows:

I. The rules of evidence, the doctor-patient privilege under RSA 329:26, privileged communications pursuant to [RSA 330-A:32] RSA 330-A:22, or other similar statutes or rules shall not apply in proceedings under this chapter.

10 Involuntary Civil Commitment of Sexually Violent Predators; Release of Records. Amend RSA 135-E:15, I to read as follows:

I. In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the county attorney or attorney general for the purpose of meeting the notice requirements of this chapter and determining whether a person is or continues to be a sexually violent predator. Restrictions on confidential or privileged communications pursuant to RSA 329:26, [RSA 330-A:32] RSA 330-A:22, [RSA 329-B,] or any other statute establishing similar restrictions on confidential or privileged communications shall not apply to releases made under this chapter. A person, agency, or entity receiving information under this section which is confidential shall maintain the confidentiality of that information. Such information does not lose its confidential status due to its release under this section.

11 Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children; Medicaid to Schools for Medical Services Program. Amend RSA 167:3-k, III to read as follows:

III. Any provider who orders, refers, prescribes, renders, or provides services under this section shall do so in accordance with the relevant health professional practice act and regulations, including, but not limited to, RSA 137-F, 317-A, 326-B, 326-C, 326-E, 326-F, 326-H, 327, 328-A, 328-D, 328-F, 329, [329-B,] and 330-A[, and 330-C].

12 Public Assistance to Blind, Aged, or Disabled Persons, and to Dependent Children; Medicaid Coverage of Telehealth Services. Amend RSA 167:4-d, III(f) to read as follows:

(f) Medical providers below shall be allowed to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media. Medical providers include, but are not limited to, the following:

(1) Physicians and physician assistants, governed by RSA 329 and RSA 328-D;

(2) Advanced practice nurses, governed by RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b;

(3) Midwives, governed by RSA 326-D;

(4) Psychologists, governed by [RSA 329-B] RSA 330-A;

(5) Allied health professionals, governed by RSA 328-F;

(6) Dentists, governed by RSA 317-A;

(7) Mental health practitioners governed by RSA 330-A;

(8) Community mental health providers employed by community mental health programs pursuant to RSA 135-C:7;

(9) Alcohol and other drug use professionals, governed by [RSA 330-C] RSA 330-A;

(10) Dietitians, governed by RSA 326-H; and

(11) Professionals certified by the national behavior analyst certification board or persons performing services under the supervision of a person certified by the national behavior analyst certification board.

13 Special Education; Medicaid to Schools Program; Medicaid to Schools Program Established. Amend RSA 186-C:25, III-a to read as follows:

III-a. Any provider who orders, refers, prescribes, renders, or provides services under this section shall do so in accordance with the relevant health professional practice act and regulations including, but not limited to, RSA 137-F, RSA 317-A, RSA 326-B, RSA 326-C, RSA 326-E, RSA 326-F, RSA 326-H, RSA 327, RSA 328-A, RSA 328-D, RSA 328-F, RSA 329, [RSA 329-B,] and RSA 330-A[, and RSA 330-C].

14 Professional Corporations; Definition; Professional Service; Professional Corporations. Amend RSA 294-A:1, VI to read as follows:

VI. "Professional service" means any service which may lawfully be rendered only by certified public accountants, public accountants, architects, attorneys, podiatrists, chiropractors, dentists, pharmacists, professional engineers, land surveyors, registered professional nurses, optometrists, physicians and surgeons, physician assistants, psychologists, veterinarians, and all other professionals licensed, registered, certified, or otherwise authorized and permitted to practice independently under the provisions of RSA 309-B, 310-A, 311, 315, 316-A, 317-A, 318, 326-B, 327, 328-D, 329, [329-B,] 330-A, or 332-B and which may not lawfully be rendered by a corporation organized under the law of this state applicable to business corporations.

15 Uniform Partnership Act; Preliminary Provisions; Definition of Terms. Amend RSA 304-A:2, IX to read as follows:

IX. "Professional service" means any service which may lawfully be rendered only by certified public accountants, public accountants, architects, attorneys, podiatrists, chiropractors, dentists, pharmacists, professional engineers, land surveyors, registered professional nurses, optometrists, physicians and surgeons, physician assistants, psychologists, and veterinarians licensed, registered, certified, or otherwise authorized under the provisions of RSA 309-B, 310-A, 311, 315, 316-A, 317-A, 318, 326-B, 327, 328-D, 329, [329-B,] 330-A, or 332-B.

16 Professional Limited Liability Companies; Definition; Professional Service; Professional Limited Liability Companies. Amend RSA 304-D:1, VI to read as follows:

VI. "Professional service" means any service which may lawfully be rendered only by certified public accountants, public accountants, architects, attorneys, podiatrists, chiropractors, dentists, pharmacists, professional engineers, land surveyors, registered professional nurses, optometrists, physicians and surgeons, psychologists, veterinarians, and all other professionals licensed, registered, certified, or otherwise authorized and permitted to practice independently under the provisions of RSA 309-B, 310-A, 311, 315, 316-A, 317-A, 318, 326-B, 327, 329, [329-B,] 330-A, or 332-B.

17 Office of Professional Licensure and Certification; Telemedicine and Telehealth Services. Amend RSA 310:7, II to read as follows:

II. Individuals licensed, certified, or registered pursuant to RSA 137-F; RSA 151-A; RSA 315; RSA 316-A; RSA 317-A; RSA 326-B; RSA 326-D; RSA 326-H; RSA 327; RSA 328-D; RSA 328-E; RSA 328-F; RSA 328-G; [RSA 329-B;] RSA 330-A; [RSA 330-C;] RSA 327-A; RSA 329; RSA 326-B; RSA 318; RSA 328-I; RSA 328-J; or RSA 332-B may provide services through telemedicine or telehealth, provided the services rendered are authorized by scope of practice. Nothing in this provision shall be construed to expand the scope of practice for individuals regulated under this chapter.

18 Office of Professional Licensure and Certification; Telemedicine and Telehealth Services. Amend RSA 310:7, VI to read as follows:

VI. Physicians and physician assistants, governed by RSA 329 and RSA 328-D; advanced practice nurses, governed by RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b; midwives, governed by RSA 326-D; psychologists, governed by [RSA 329-B] RSA 330-A; naturopathic doctors, governed by RSA 328-E; allied health professionals, governed by RSA 328-F; dentists, governed by RSA 317-A; mental health practitioners governed by RSA 330-A; community mental health providers employed by community mental health programs pursuant to RSA 135-C:7; alcohol and other drug use professionals, governed by [RSA 330-C] RSA 330-A; and dietitians, governed by RSA 326-H shall be authorized to provide consultation services or follow-up care via telehealth to a patient who previously received services from the provider in the state where the provider is licensed.

19 Office of Professional Licensure and Certification; Complaints and Investigations. Amend the introductory paragraph in RSA 310:9, VII to read as follows:

VII. Subject to the limitations of [RSA 329-B:26 and RSA 330-A:32] RSA 330-A:22, the office shall obtain, handle, archive, and destroy mental health and psychological records as follows:

20 Prohibiting Conversion Therapy on Minors; Prohibition; Violations and Enforcement. Amend RSA 332-L:2, I to read as follows:

332-L:2 Prohibition; Violations and Enforcement. A person who is licensed to provide professional counseling under RSA 326-B, RSA 328-D, RSA 329, [RSA 329-B], or RSA 330-A; [RSA 330-A:16, RSA 330-A:18, RSA 330-A:19, RSA 330-A:20, RSA 330-A:21, or RSA 330-C,] including, but not limited to, a nurse, physician assistant, physician, psychologist, clinical social worker, clinical mental health counselor, marriage and family therapist, or licensed alcohol and drug counselor, or a person who performs counseling as part of the person's professional training for any of these professions, shall not engage in conversion therapy with a person under 18 years of age.

21 Accident and Health Insurance; Coverage for Mental or Nervous Conditions and Treatment for Chemical Dependency Required. Amend RSA 415:18-a, V to read as follows:

V. In this section:

(a) "Psychiatrist" means a licensed physician who is board-certified or board-eligible according to the most recently promulgated regulations of the American Board of Psychiatry and Neurology.

(b) "Psychologist" means a person who:

(1) Is licensed under [RSA 329-B] RSA 330-A as a psychologist;

(2) Is certified or licensed under a statute in another state which meets or exceeds the standards under [RSA 329-B] RSA 330-A; or

(3) Is certified or licensed in another state and is listed in the National Register of Health Service Providers in Psychology.

(c) "Licensed pastoral psychotherapist" means an individual who is licensed as a pastoral psychotherapist under RSA 330-A and is a fellow or diplomat in the American Association of Pastoral Counselors.

(d) "Psychiatric/mental health advanced practice registered nurse" means an individual who is licensed as an advanced practice registered nurse in psychiatric mental health nursing under RSA 326-B:18, who is defined by and whose scope of practice is described under the rules adopted pursuant to RSA 326-B, and who is a licensed registered nurse, educationally prepared in nursing at a minimum of the master's level, and certified in the specialty by a recognized national certifying agency, such as the American Nurses Credentialing Center.

(e) "Licensed clinical social worker" means an individual who is licensed as a clinical social worker under [RSA 330-A:18] RSA 330-A:11.

(f) "Licensed clinical mental health counselor" means an individual who is licensed as a clinical mental health counselor under [RSA 330-A:19] RSA 330-A:10.

(g) "Licensed marriage and family therapist" means an individual who is licensed as a marriage and family therapist under [RSA 330-A:21] RSA 330-A:15.

(h) "Licensed alcohol and drug counselor" means an individual who is licensed as an alcohol and drug counselor under [RSA 330-C] RSA 330-A and is practicing solely within the scope of practice of a licensed alcohol and drug counselor.

(i) "Mental or nervous conditions" or "mental illness and emotional disorders" means mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders" (DSM), excluding those disorders designated by a "V Code" and those disorders designated as criteria sets and axes provided for further study in the DSM. This term shall not include chemical dependency, including alcoholism.

(j) "Licensed, psychiatrist supervised physician assistant" means an individual who is licensed as a physician assistant under RSA 328-D whose supervising physician is a licensed psychiatrist.

22 New Hampshire Telemedicine Act; Coverage for Telemedicine Services. Amend RSA 415-J:3, XII to read as follows:

XII. The following medical providers shall be allowed to perform health care services through the use of all modes of telehealth, including video and audio, audio-only, or other electronic media. Medical providers include, but are not limited to:

(a) Physicians and physician assistants, under RSA 329 and RSA 328-D;

(b) Advanced practice nurses, under RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b;

(d) Psychologists, under [RSA 329-B] RSA 330-A;

(e) Allied health professionals, under RSA 328-F;

(f) Dentists, under RSA 317-A;

(g) Mental health practitioners governed by RSA 330-A;

(h) Community mental health providers employed by community mental health programs pursuant to RSA 135-C:7;

(i) Alcohol and other drug use professionals, governed by [RSA 330-C] RSA 330-A;

(j) Dietitians, governed by RSA 326-H; and

(k) Professionals certified by the national behavior analyst certification board or persons performing services under the supervision of a person certified by the national behavior analyst certification board as required by RSA 417-E:2.

23 Managed Care Law; Reimbursement for Providers Waiting for Health Carrier Credentialing Verification. Amend RSA 420-J:8-c, II to read as follows:

II. For purposes of RSA 420-J:4 and this section, a health care provider having a valid license shall include all:

(a) Mental health practitioners licensed under RSA 330-A[ and applicants for mental health practice licensure from other states who are permitted to practice in this state pursuant to RSA 330-A:26, II].

(b) Psychologists licensed under [RSA 329-B] RSA 330-A [and psychologists licensed in another jurisdiction issued a temporary license to practice under RSA 329-B:20, III].

24 Secure Psychiatric Unit; Medical Records. Amend RSA 622:47 to read as follows:

622:47 Medical Records. Notwithstanding the provisions of RSA 329:26 and [RSA 330-A:32] RSA 330-A:22, medical and mental health records concerning current patients shall be exchanged between other state medical and mental health facilities and the unit to facilitate treatment.

25 Repeal. The following are repealed:

I. RSA 329-B, relative to psychologists.

II. RSA 330-C, relative to alcohol and other drug use professionals.

III. RSA 310:2, II(dd), relative to board of psychologists.

IV. RSA 310:2, II(u), relative to board of licensing for alcohol and other drug use professionals.

26 New Hampshire Accountancy Act; Board of Accountancy; Appointment; Disposition of Fees; Rulemaking. Amend RSA 309-B:4, I(a) to read as follows:

(a) There is hereby created the New Hampshire board of accountancy, which shall have responsibility for the administration and enforcement of this chapter. The board shall consist of [7] 5 members, all of whom shall be residents of this state appointed by the governor with the approval of council. [Five] Four members shall be holders of certificates under RSA 309-B:5 or corresponding provisions of prior law, and [2] 1 member [members] shall be a public [members] member, who [are] is not, and never [were] was, a member [members] of the accounting profession, or the spouses of such persons, but who [have] has, or [have] has had, professional or practical experience in the use of accounting services and financial statements so as to be qualified to make judgments about the qualifications and conduct of persons and firms subject to regulation under this chapter.

27 Barbering, Cosmetology, and Esthetics; Board. Amend RSA 313-A:2, I to read as follows:

I. There shall be a board of barbering, cosmetology, and esthetics consisting of [7] 5 members as follows: one licensed barber, one licensed cosmetologist, one licensed esthetician, one licensed manicurist, [one owner of a licensed barbering, cosmetology, esthetics, or manicuring school who shall be a resident of New Hampshire or a designee of such owner who shall be a licensee and a resident of New Hampshire, one owner of a registered tanning facility] and one public member; each to be appointed by the governor with the consent of the council to a term of 5 years. No board member shall be appointed to more than 2 consecutive terms. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. Time served in filling an unexpired term shall not affect an appointee's eligibility to serve 2 consecutive full terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.

28 Dentists and Dentistry; Examining Board; Board; Appointment; Term; Compensation. Amend RSA 317-A:2, I to read as follows:

I. There shall be a board of dental examiners consisting of [9] 5 members; including [6] 2 dentists, 2 dental hygienists, and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years. One dentist member shall have a current permit to administer general anesthesia and deep sedation. No member of the board shall be appointed to more than 2 consecutive terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.

29 Office of Professional Licensure and Certification; Licensing Foresters; Board of Foresters; Establishment; Expenses. Amend RSA 310-A:100, I to read as follows:

I. A board of licensing for foresters is established to administer the provisions of this subdivision. The board shall consist of [7] 5 persons appointed by the governor and council, 4 of whom shall be foresters as defined in RSA 310-A:99, I, and [3] one public [members] member. Of the forester members, one shall be the director, division of forests and lands, one shall be an industrial forester, one shall be a private forester, and one shall be a forester from the public sector. A public member of the board shall be a person who is not, and never was, a member of the forestry profession or the spouse of any such person, and who does not have and never has had, a material financial interest in either the provision of forestry services or an activity directly related to forestry. [Two of the public members shall be forest landowners actively engaged in forest management, but not otherwise connected with the forestry profession.]

30 Office of Professional Licensure and Certification; Natural Scientists; Board of Natural Scientists; Establishment; Criteria; Terms; Expenses; Meetings; Records and Reports; Roster. Amend RSA 310-A:81 to read as follows:

310-A:81 Board of Natural Scientists; Establishment; Criteria; Terms; Expenses; Meetings; Records and Reports; Roster.

I. A board of natural scientists is established to administer the provisions of this subdivision. The board shall consist of [7] 5 persons appointed by the governor and council, 2 of whom shall be soil scientists, 2 of whom shall be wetland scientists who are not also soil scientists, and [3] one of whom shall be a public [members] member. The initial professional board members shall meet the educational requirements of RSA 310-A:84, I(a) or II-a, respectively. The public [members] member of the board shall be [persons] a person who [are] is not, and never [were] was, a member [members] of the soil science profession, [members] a member of the wetland science profession, or the spouse of any such person, and who do not have and never have had, a material financial interest in either the provision of soil science or wetland science services or an activity directly related to soil science or wetland science, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.

II.(a) Each member of the board [shall be a citizen of the United States and] shall have been a resident of this state for at least one year immediately preceding appointment.

(b) Each soil scientist member shall have actively practiced soil science for at least 6 years prior to appointment and shall have held a responsible position in charge of such work for at least 2 years prior to appointment, which may include the teaching of soil science.

(c) Each wetland scientist member shall have actively practiced wetland science for at least 6 years prior to appointment and shall have held a responsible position in charge of such work for at least 2 years prior to appointment, which may include the teaching of wetland science.

III. Members shall be appointed for 5-year terms[, except that no more than one appointed member's term may expire in any one calendar year]. Appointments for terms of less than 5 years may be made in order to comply with this limitation. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. The successor's term shall be 5 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. A board member may be removed for cause by the governor and council under RSA 4:1.

IV. Members of the board shall be reimbursed for mileage at the state employee rate.

V. [The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide.] The board shall biennially elect or appoint a chairperson[, vice-chairperson, and secretary]. A quorum of the board shall consist of a majority of the members of the board who have been approved by the governor and council.

[VI.(a) The board shall keep a record of its proceedings in accordance with the retention policy established by the office of professional licensure and certification.

(b) The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced.

VII. [Repealed.]]

31 Pharmacists and Pharmacies; Pharmacy Board; Board. Amend RSA 318:2 to read as follows:

318:2 Board. There shall be a pharmacy board consisting of 5 members; including 4 practicing pharmacists, [at least one] 2 of whom shall be [a] full-time hospital [pharmacist] pharmacists, and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member shall be appointed to more than 2 consecutive terms and no member shall serve for more than 10 consecutive years. Only board members provided for in this section shall have the authority to vote in board determinations. The public member shall be a resident of the state of New Hampshire who is not, and never has been, a member of the pharmacy profession or the spouse of any such person. The public member shall not have, and shall never have had, a material financial interest in either the provision of pharmaceutical services or an activity directly related to pharmaceutical services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment. The board shall have a president, who shall be elected from among their number annually in the month of September.

32 New Hampshire Veterinary Practice Act; Board; Compensation. Amend RSA 332-B:3 to read as follows:

332-B:3 Board; Compensation.

I. There shall be a board of veterinary medicine consisting of [7] 5 members: [5] 3 veterinarians, the state veterinarian, and one public member. The members, other than the state veterinarian, shall be appointed by the governor, with the approval of the council, to a term of 5 years, and until a successor is appointed. No appointed member of the board shall be appointed to 2 consecutive 5-year terms. Vacancies shall be filled for the remainder of the term and in the same manner as the original appointment. Any appointed member of the board may be removed by the governor after a hearing by the board determines cause for removal. The state veterinarian shall serve as an ex officio member, provided any duties of the state veterinarian relative to this chapter shall be agreed upon in writing by the board and the commissioner of agriculture, markets, and food and which agreement may include:

(a) Recording and producing meeting minutes for regular board meetings;

(b) Representing the board on the advisory council established in RSA 126-A:96;

(d) Participation in complaint investigations.

II. [When a vacancy has occurred, or is due to occur in a veterinary position on the board, the New Hampshire Veterinary Medical Association shall nominate 3 qualified persons and forward the nominations to the governor. The governor may make appointments from those nominated by the association, but shall not be required to appoint one of those so nominated.] Annually, the board shall organize by electing a president and such other officers as may be prescribed by rule. Officers of the board serve for terms of one year and until a successor is elected, without limitation on the number of terms an officer may serve.

III. [Repealed.]

IV. [Repealed.]

V. The public member shall be a resident of the state of New Hampshire who is not, and never has been, a member of the veterinary profession or the spouse of any such person. The public member shall not have, and shall never have had, a material financial interest in either the provision of veterinary services or an activity directly related to veterinary practice, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.

33 Effective Date. This act shall take effect 60 days after its passage.

Action Dates Show/hide past dates

Date	Body	Type
Jan. 31, 2024	House	Hearing
March 6, 2024	House	Exec Session

Bill Text Revisions

HB1408 Revision: 39961 Date: Dec. 6, 2023, 1:50 p.m.

Docket

March 21, 2024: Refer for Interim Study: MA VV 03/21/2024 HJ 9

March 11, 2024: Committee Report: Refer for Interim Study 03/06/2024 (Vote 20-0; CC)

Feb. 28, 2024: Executive Session: 03/06/2024 01:30 pm LOB 306-308

Feb. 12, 2024: Subcommittee Work Session: 02/20/2024 01:00 pm LOB 307

Jan. 17, 2024: Public Hearing: 01/31/2024 01:15 pm LOB 306-308

Dec. 6, 2023: Introduced 01/03/2024 and referred to Executive Departments and Administration HJ 1

HB1408 (2024) Detail

Relative to the merger of and reorganization of various occupational boards.

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Bill Text Revisions

Docket