reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-C - Interstate Medical Licensure Compact › Section 329-C:21 - Withdrawal.

329-C:21 Withdrawal. –
I. Once effective, the compact shall continue in force and remain binding upon each and every member state; provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
II. Withdrawal from the compact shall be by the enactment of a statute repealing the same, but shall not take effect until one year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.
III. The withdrawing state shall immediately notify the chairperson of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state.
IV. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notice provided under paragraph III.
V. The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extend beyond the effective date of withdrawal.
VI. Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.
VII. The interstate commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.
Source.
2016, 70:1, eff. July 4, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-C - Interstate Medical Licensure Compact › Section 329-C:22 - Dissolution.

329-C:22 Dissolution. –
I. The compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
II. Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
Source.
2016, 70:1, eff. July 4, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-C - Interstate Medical Licensure Compact › Section 329-C:23 - Severability and Construction.

329-C:23 Severability and Construction. –
I. The provisions of the compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
II. The provisions of the compact shall be liberally construed to effectuate its purposes.
III. Nothing in the compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.
Source.
2016, 70:1, eff. July 4, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 329-C - Interstate Medical Licensure Compact › Section 329-C:24 - Binding Effect of Compact and Other Laws.

329-C:24 Binding Effect of Compact and Other Laws. –
I. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the compact.
II. All laws in a member state in conflict with the compact are superseded to the extent of the conflict.
III. All lawful actions of the interstate commission, including all rules and bylaws promulgated by the commission, are binding upon the member states.
IV. All agreements between the interstate commission and the member states are binding in accordance with their terms.
V. In the event any provision of the compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Source.
2016, 70:1, eff. July 4, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330 - Plumbers › Section 330:1 - to 330:6 Repealed by 1977, 562:3, eff. July 1, 1977

330:1 to 330:6 Repealed by 1977, 562:3, eff. July 1, 1977 –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330 - Plumbers › Section 330:8, 330:9 - Repealed by 1977, 562:3, eff. July 1, 1977

330:8, 330:9 Repealed by 1977, 562:3, eff. July 1, 1977 –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330 - Plumbers › Section 330:11 - to 330:15 Repealed by 1985, 286:4, IV, eff. Aug. 10, 1985

330:11 to 330:15 Repealed by 1985, 286:4, IV, eff. Aug. 10, 1985 –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:1 - Purpose; Application.

330-A:1 Purpose;  Application. –
I. The purpose of this chapter is to regulate mental health practice by practitioners in the state to assure that the services provided are effective and of a quality consistent with the standard of care within each profession, and to safeguard the public against harm which may be caused by untrained, unskilled, or unlicensed practitioners. Specifically, this chapter applies to practitioners providing mental health services to persons with a diagnosis 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. This chapter shall assure that all consumers of mental health services shall receive an individual mental health diagnosis and, according to this diagnosis, shall receive consultation from a specific and appropriate mental health practitioner.
II. This chapter shall not be construed to prevent or restrict the traditional right of ministers and clergy to give individual or group counseling.
Source.
1998, 234:1, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:3 - Board.

330-A:3 Board. –
I. There shall be a board of mental health practice composed of the following members: one licensed pastoral psychotherapist, one licensed clinical social worker, one licensed school social worker, one licensed marriage and family therapist, one licensed clinical mental health counselor, one member from a community mental health center, one member from a community health center, and 3 public members. 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.
II. The board members shall not serve more than 2 consecutive 3-year terms.
Source.
1998, 234:1. 2006, 168:1. 2010, 244:3. 2012, 233:3, eff. July 1, 2013. 2019, 228:1, eff. Sept. 10, 2019. 2020, 6:33, eff. Mar. 9, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:4 - Committees Established; Duties.

330-A:4 Committees Established;  Duties. –
I. The board may create an advisory committee for each mental health discipline it licenses for the purpose of assisting the board in its responsibilities under RSA 330-A:10, II, and RSA 330-A:10, VII-XV. The board member of each mental health discipline shall serve as the chair of that advisory committee. The balance of the membership of each of the advisory committees shall be composed of at least 2 persons and no more than 4 persons licensed in the mental health discipline of that committee.
I-a. The board may create a professional conduct investigation committee for the purpose of assisting the board in its responsibilities under RSA 330-A:28 and RSA 330-A:29. A board investigator, appointed by the chairperson of the board with the advice of the board, shall serve as the chair of the professional conduct investigation committee. The balance of the membership of the professional conduct investigation committee shall be composed of one licensed clinical social worker, one licensed clinical mental health counselor, and additional members from the professions licensed by the board to a maximum of 12 members.
II. Committee members other than the chair shall be appointed by the board and shall serve at the pleasure of the board for no more than 2 consecutive, 3-year terms.
III. The board shall not form any standing committees other than those specified in this chapter.
Source.
1998, 234:1. 2006, 168:2. 2010, 244:4. 2012, 233:4, eff. July 1, 2013. 2021, 197:79, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:5 - Repealed by 2015, 276:108, XIII, eff. July 1, 2015.

330-A:5 Repealed by 2015, 276:108, XIII, eff. July 1, 2015. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:6 - Qualifications; Administrative Members.

330-A:6 Qualifications;  Administrative Members. –
I. Each non-public member of the board and the advisory committees shall be a resident of this state and licensed under the provisions of this chapter.
I-a. Each non-public member of the board and all licensed mental health professionals performing board-related duties otherwise immune from civil action pursuant to RSA 330-A:27, IV shall comply with and be subject to all provisions of this chapter and that licensee's professional ethical code in performing board-related duties.
II. Each 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.
Source.
1998, 234:1. 2006, 168:3, eff. July 23, 2006.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:7 - Repealed by 2021, 197:84, I, eff. July 1, 2021.

330-A:7 Repealed by 2021, 197:84, I, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:8 - Removal of Members; Vacancies.

330-A:8 Removal of Members;  Vacancies. –
The governor and council may remove any member of the board for misconduct, incompetence, neglect of duty, or other sufficient cause after the member has been given a written statement of the charges and an opportunity to be heard regarding such charges. Any vacancy in the membership of the board occurring otherwise than by expiration of a member's term shall be promptly filled for the unexpired term.
Source.
1998, 234:1, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:9 - Organization and Meetings.

330-A:9 Organization and Meetings. –
I. The board shall hold regular annual meetings. Other meetings of the board shall be held at such times and upon such notice as the rules of the board provide. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
II. When a quorum is not available for just and timely resolution of a specific matter, former board members or advisory committee members may be appointed by the board to serve as acting board members for purposes of obtaining the minimum quorum in the resolution of that specific matter or when a particular profession cannot be represented in an adjudicatory hearing.
Source.
1998, 234:1. 2006, 168:5. 2010, 244:6; 368:29. 2011, 231:6. 2015, 76:1, eff. Aug. 1, 2015. 2019, 228:2, eff. Sept. 10, 2019. 2021, 197:80, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:10-a - Completion of Survey; Rulemaking.

330-A:10-a Completion of Survey;  Rulemaking. –
The board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.
Source.
2017, 131:10, eff. June 16, 2017. 2019, 254:12, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:11 - Receipts and Disbursements.

330-A:11 Receipts and Disbursements. –
All monies derived from the provisions of this chapter shall be received and accounted for by the office of professional licensure and certification and shall be deposited in the state treasury.
Source.
1998, 234:1. 2015, 276:82, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:12 - Fees.

330-A:12 Fees. –
I. The office of professional licensure and certification shall establish fees pursuant to RSA 541-A for applications for conditional licensure and supervisory agreements; applications for licensed pastoral psychotherapist, independent clinical social worker, school social worker, licensed social worker, licensed social work associate, clinical mental health counselor, marriage and family therapist, and conditional licenses; renewal of license; renewal of dual license; reinstatement of license; inactive license status; reactivation of an inactive license; examination of applicants; transcribing and transferring records; and other services, including investigations and hearings conducted under this chapter.
II. [Repealed.]
Source.
1998, 234:1. 2010, 244:9. 2012, 233:5, eff. July 1, 2013. 2017, 192:16, eff. July 1, 2017. 2020, 6:35, eff. Mar. 9, 2020. 2021, 183:6, eff. Oct. 9, 2021. 2023, 224:3, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:13 - Repealed by 2021, 197:84, II, eff. July 1, 2021.

330-A:13 Repealed by 2021, 197:84, II, eff. July 1, 2021. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:14 - Information on Sexual Misconduct.

330-A:14 Information on Sexual Misconduct. –
The board shall inform all applicants for licensure under this chapter that the board deems sexual misconduct as provided in RSA 330-A:36 to be unethical, unprofessional, and dishonorable conduct subject to disciplinary action by the board. The board shall make available to all licensees, or persons applying for licensure, under this chapter information and materials, as determined by the board, pursuant to rules adopted under RSA 541-A, regarding such sexual misconduct.
Source.
1998, 234:1, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:15 - Mental Health Client Bill of Rights.

330-A:15 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.
Source.
1998, 234:1. 2012, 269:1, eff. Jan. 1, 2013.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:15-a - Processing License Applications; Criminal History Record Check.

330-A:15-a Processing License Applications;  Criminal History Record Check. –
I. License applications shall be processed as follows:
(a) The board shall either request additional information or documentation within 15 days or act on an application for licensure as a mental health practitioner within 30 days of receipt of a completed application.
(b) The board shall review complete applications received at least 10 days prior to a regularly scheduled meeting at its next regularly scheduled meeting.
II. Every applicant for initial licensure shall submit to the board 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 board.
III. 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 board 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.
IV. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a 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 board. The board shall maintain the confidentiality of all criminal history records information received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
Source.
2019, 228:3, eff. Sept. 10, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:15-b - Telemedicine.

330-A:15-b Telemedicine. –
Persons licensed by the board shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
Source.
2020, 27:26, eff. July 21, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:16 - Repealed by 2012, 233:12, II, eff. July 1, 2013.

330-A:16 Repealed by 2012, 233:12, II, eff. July 1, 2013. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:17 - Pastoral Psychotherapists.

330-A:17 Pastoral Psychotherapists. –
The board 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;
(c) An ability to perform a leadership role in the context of the religious community; and
(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.
Source.
1998, 234:1. 2010, 244:11, eff. July 1, 2010.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:18 - Clinical Social Workers.

330-A:18 Clinical Social Workers. –
The board shall issue a clinical social worker license to any person who meets 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-masters experience including completion of a minimum of 3,000 hours of post-masters, supervised clinical experience by a board approved licensed independent clinical social worker or licensed clinical mental health counselor supervisor, or any other supervisor based on reasonable and specific criteria established in rules adopted under RSA 330-A:10. A current master licensed alcohol and drug counselor (MLADC) license issued by the board of licensing for alcohol and other drug use professionals under RSA 330-C may be substituted for up to 1,500 hours of the required 3,000 hours of supervised clinical experience. Where substitution of the full 1,500 hours is denied by the board, the MLADC applicant shall be provided the rationale for the board's denial. The board shall not deny the substitution of hours solely based on the MLADC applicant's clinical supervisor holding an MLADC license.
IV. Has passed a national proctored examination approved by the board.
Source.
1998, 234:1. 2010, 244:12, 13, eff. July 1, 2010. 2018, 364:6, eff. Sept. 30, 2018. 2019, 74:1, eff. Aug. 17, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:18-a - School Social Workers.

330-A:18-a School Social Workers. –
I. The board shall issue a school social worker license to any person who:
(a) Is currently certified as a school social worker by the department of education, bureau of credentialing, and was certified as of the effective date of this section; or
(b) Has completed all of the following requirements or their equivalent:
(1) Has received a college undergraduate degree.
(2) 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.
(3) Has completed a minimum of 2 years of post-masters experience including completion of a minimum of 3,000 hours of post-masters, 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:10.
(4) Has passed a national proctored examination approved by the board.
II. Any school social worker who chooses to seek licensure under RSA 330-A:18-a, I, shall notify the office of licensure and certification in writing of his or her intent to be licensed. The office of licensure and certification shall grant licenses under RSA 330-A:18-a, I, within 10 days of receipt of notification.
III. The office of licensure and certification shall exempt licensees licensed in accordance with paragraph II from fees for the initial license period which shall extend beyond that individual's certification as a school social worker by 3 months and shall include an additional year for those whose certifications from the department of education would expire prior to July 1, 2020. Following that time, that individual shall be eligible for renewal under the rules established by the board and upon payment of the applicable fee.
Source.
2020, 6:28, eff. Mar. 9, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:18-b - Licensed Social Workers: Initial License.

330-A:18-b Licensed Social Workers:  Initial License. –
I. An applicant for an initial license as a licensed social worker shall comply with the following requirements:
(a) Graduate with a bachelor's degree in social work from a college or university approved by the Council on Social Work Education.
(b) Complete 300 hours of social work or mental health education within the degree-granting program or separately.
(c) Complete 4,000 hours of supervised work experience.
(d) Complete 300 hours of supervised practical training within the degree-granting program, as part of the supervised work experience or separately.
(e) Pass a national proctored examination approved by the board.
(f) Meet other criteria as established by the board.
II. The scope of practice of a licensed social worker shall be the screening, assessment, treatment planning, and treatment of mental health conditions as defined in this section as follows:
(a) The performance of clinical evaluation including the screening and assessment of mental health disorders, the assessment and identification of symptoms of co-occurring mental health disorders and differential diagnosis indicators, and the development of preliminary mental health disorder diagnoses for further assessment and confirmation by an appropriate professional. This includes severity assessment and assessment of dangerousness to self or others.
(b) The performance of treatment planning and case management referrals including co-occurring substance use disorders and medical conditions, case management and service coordination including implementation of treatment plans, consultation, coordination of care with mental health and other community providers, ongoing assessment of progress and needs, and client advocacy, education, and documentation.
(c) The performance of counseling, including:
(1) Individual, group, family, and significant other counseling; and
(2) Crisis prevention and intervention to include enlisting the support of trained personnel to manage risk of harm to self or others.
(d) Adherence to professional and ethical responsibilities as determined by the board.
III. During the first 2 years of licensure, a licensed social worker may engage in practice only under clinical supervision of a licensed clinical social worker, a licensed mental health counselor, a master licensed drug and alcohol counselor, a psychiatric APRN, or a licensed mental health provider approved by the board. The supervising clinician shall sign off on any clinical diagnostic assessment and treatment plan established by a licensed social worker.
Source.
2021, 183:7, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:19 - Clinical Mental Health Counselors.

330-A:19 Clinical Mental Health Counselors. –
The board 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 of post-masters experience including completion of a minimum of 3,000 hours of post-masters, supervised clinical experience by a board approved licensed independent clinical social worker or licensed clinical mental health counselor supervisor, or any other supervisor based on reasonable and specific criteria established in rules adopted under RSA 330-A:10. A current master licensed alcohol and drug counselor (MLADC) license issued by the board of licensing for alcohol and other drug use professionals under RSA 330-C may be substituted for up to 1,500 hours of the required 3,000 hours of supervised clinical experience. Where substitution of the full 1,500 hours is denied by the board, the MLADC applicant shall be provided the rationale for the board's denial. The board shall not deny the substitution of hours solely based on the MLADC applicant's clinical supervisor holding an MLADC license.
IV. To receive a conditional license for a clinical mental health counselor, an applicant shall comply with the following requirements:
(a) 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.
(b) Obtain a board approved supervisory agreement with documented intent to pursue licensure as a clinical mental health counselor under this chapter.
(c) Meet other criteria as reasonably established by the board.
(d) Upon approval of the supervision agreement, the board shall issue a conditional license.
(e) Conditional licensees are subject to the jurisdiction of the board.
V. Conditional licenses issued under this section shall be valid for a period not to exceed 2 years from the date of issuance. Applicants in good standing with the board may apply for a one-time renewal of a conditional license.
Source.
1998, 234:1. 2010, 244:14, eff. July 1, 2010. 2018, 364:7, eff. Sept. 30, 2018. 2019, 74:2, eff. Aug. 17, 2019. 2023, 224:5, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:22 - Candidates for Mental Health Licensure.

330-A:22 Candidates for Mental Health Licensure. –
I. [Repealed.]
II. The supervision of a candidate for mental health licensure by a person licensed under this chapter shall include the following:
(a) Regular meetings shall be held between the supervisor and the candidate at locations mutually convenient to both the supervisor and the candidate.
(b) The supervisor shall assume professional responsibility for the candidate in a written agreement on record with the board. The supervisor must assume both professional and legal responsibility in the agreement.
III. If the supervisor ceases to supervise and assume professional responsibility for the candidate, the licensing board shall be notified in writing.
IV. Each supervisor's agreement shall be approved by the licensing board before becoming effective, and shall remain in effect only as long as the supervisor accepts responsibility for the candidate.
V. No candidate shall engage in independent or private mental health practice or offer to render, or render services, except as provided in this section, or as otherwise licensed by the state of New Hampshire.
Source.
1998, 234:1. 2010, 368:28, VI, eff. Dec. 31, 2010. 2019, 74:4, eff. Aug. 17, 2019; 207:2, eff. Sept. 10, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:23 - Unlawful Practice; Penalty.

330-A:23 Unlawful Practice;  Penalty. –
I. Except as provided in RSA 330-A:34, it shall be unlawful for any person to be engaged in mental health practice unless that person is licensed by the board, working as a candidate under the direct supervision of a person licensed by the board, conditionally licensed by the board, or engaged in the practice of other mental health services as an alternative provider as defined in RSA 330-A:2, I. The license or the registration of such person shall be current and valid. It shall be unlawful for any person to practice as or to refer to oneself as a pastoral psychotherapist, a clinical social worker, a school social worker, a licensed social worker, a licensed social work associate, a clinical mental health counselor, or a marriage and family therapist, or use the word "psychotherapist," or any variation thereof, in such person's title unless that person is licensed by the board or working as a candidate under the direct supervision of a person licensed or conditionally licensed by the board. Psychiatrists licensed under RSA 329 and psychiatric nurse practitioners licensed under RSA 326-B:18 may refer to themselves as psychotherapists.
II. Except as otherwise provided in this chapter, any person who violates paragraph I or paragraph III of this section or who violates any of the other provisions of this chapter relating to pastoral psychotherapy, clinical social work, licensed social work, clinical mental health counseling, or marriage and family therapy, or, having had his or her license suspended or revoked, shall continue to represent himself or herself as a licensed pastoral psychotherapist, clinical social worker, school social worker, licensed social worker, licensed social work associate, clinical mental health counselor, or marriage and family therapist, or as a psychotherapist, shall be guilty of a class A misdemeanor if a natural person, and a felony if any other person, and each violation shall be deemed a separate offense.
III. Any person whose license under this chapter has been suspended or revoked by the board for disciplinary action under RSA 330-A:27 or sexual misconduct under RSA 330-A:36 shall not engage in mental health practice as defined in RSA 330-A:2, VI unless and until the suspension or revocation of the license has been lifted.
Source.
1998, 234:1. 2005, 293:11. 2006, 76:19. 2012, 233:6, eff. July 1, 2013. 2021, 183:8, eff. Oct. 9, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:24 - Injunction.

330-A:24 Injunction. –
The board may request the attorney general to commence an action to enjoin the operation of any person engaged in practicing unlicensed therapy in violation of this chapter. Said action shall be filed in the superior court.
Source.
1998, 234:1, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:25 - Civil Claims.

330-A:25 Civil Claims. –
Any person injured by the actions of a person engaged in the practice of unlicensed therapy in violation of any of the provisions of this chapter may bring a civil action to recover damages suffered by reason of the violations.
Source.
1998, 234:1, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:26 - Applicants From Other States.

330-A:26 Applicants From Other States. –
I. The board shall license any applicant who is licensed in any other state, provided the other state's licensure requirements are substantially equivalent to or higher than those of this state.
II. An applicant whose state licensure meets the requirements in paragraph I shall be allowed to practice in this state not more than 30 days after the application is received by the board, pending final approval or denial of the license for other reason by the board. The board shall adopt rules under RSA 330-A:10, I relative to procedures for expedited licensure for applicants from other states.
III. The board shall waive provisions of this chapter requiring supervised work experience and practical training and grant a license as a clinical social worker, clinical mental health counselor, marriage and family therapist, or pastoral psychotherapist to any applicant who presents proof of active licensed practice, in good standing, in another jurisdiction of the United States for a period of 5 years or more.
Source.
1998, 234:1, eff. Oct. 31, 1998. 2017, 220:1, eff. Sept. 8, 2017. 2018, 364:8, eff. Sept. 30, 2018. 2019, 228:4, eff. Sept. 10, 2019. 2021, 197:82, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:26-a - Repealed by 2019, 234:2, eff. Nov. 1, 2020.

330-A:26-a Repealed by 2019, 234:2, eff. Nov. 1, 2020. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:27 - Disciplinary Action.

330-A:27 Disciplinary Action. –
I. [Repealed.]
II. Misconduct sufficient to support disciplinary proceedings under this section shall include any allegations of:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct or dishonorable conduct, unworthy of and affecting the practice of the profession, including sexual misconduct as provided in RSA 330-A:36.
(d) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this chapter.
(f) Mental or physical incapacity to practice under this chapter, as established by an independent medical or psychiatric evaluation.
(g) Willful or repeated violation of the provisions of this chapter.
(h) Suspension or revocation of a license or registration, similar to one issued under this chapter, in another jurisdiction and not reinstated.
(i) Any misconduct according to the law, rule, or ethical requirements applicable at the time of the alleged misconduct.
III. [Repealed.]
IV. No civil action shall be maintained against the board or any member of the board or its agents or employees with regard to any action or activity taken in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any organization or its members or against any other person for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter. Agents of the board granted immunity from civil action shall include persons assigned by the board to supervise disciplined licensees under board-imposed disciplinary requirements. Agents granted civil immunity shall not include supervisors of candidates for licensure. Any member of the board, employee, or agent shall comply with the ethical standards of his or her profession.
V. [Repealed.]
Source.
1998, 234:1. 2005, 151:2. 2012, 269:5, 6, eff. Jan. 1, 2013. 2023, 212:21, II, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:28 - Repealed by 2023, 212:21, III, eff. Oct. 3, 2023.

330-A:28 Repealed by 2023, 212:21, III, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:29 - Repealed by 2023, 212:21, IV, eff. Oct. 3, 2023.

330-A:29 Repealed by 2023, 212:21, IV, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:30 - Repealed by 2023, 212:21, V, eff. Oct. 3, 2023.

330-A:30 Repealed by 2023, 212:21, V, eff. Oct. 3, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:31 - Expirations, Renewals, Reinstatements, and Inactive Status.

330-A:31 Expirations, Renewals, Reinstatements, and Inactive Status. –
I. Licenses shall be valid for a period of 2 years and shall become invalid on the expiration date unless renewed. It shall be the duty of the board to notify every person licensed by the board under this chapter of the date of expiration of the license and the amount of the fee that shall be required for its renewal for 2 years. Such notice shall be mailed at least 2 months in advance of the date of expiration of such license. Renewal shall be conditional upon filing a timely and complete renewal application and payment of the fee as set by the board.
II. If a license is not renewed it may be reinstated not later than 6 months after the date of license expiration upon payment of the fee and compliance with rules adopted by the board. A license may be placed on inactive status pursuant to rules adopted by the board.
III. Upon the request of a person licensed by the board who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty, the board shall place such person's license on inactive status. The license may be reactivated, after notification to the board, within one year of the person's release from active status by payment of the renewal fee and with proof of completion of the most current continuing education requirement unless still within the renewal period.
Source.
1998, 234:1. 2005, 151:4. 2010, 244:16. 2012, 269:3. 2015, 76:2, eff. Aug. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:32 - Privileged Communications.

330-A:32 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.
Source.
1998, 234:1, eff. Oct. 31, 1998. 2019, 200:1, eff. Sept. 8, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:33 - Prior Certification.

330-A:33 Prior Certification. –
Any psychologist, pastoral psychotherapist, clinical social worker, marriage and family therapist, or clinical mental health counselor who was certified on July 1, 1998, under the provisions of former RSA 330-A, shall be issued a license in the respective discipline by the board.
Source.
1998, 234:1, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:34 - Persons Exempted.

330-A:34 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.
(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, advanced registered nurse practitioners licensed under RSA 326-B:18, psychologists licensed under RSA 329-B, and master licensed alcohol and drug counselors licensed under RSA 330-C:16.
II. This chapter shall not be construed to prevent or restrict the mental health practice activities of individuals who volunteer their services to non-profit charitable organizations and receive no remuneration for their services.
Source.
1998, 234:1. 2005, 293:12, eff. July 1, 2005 at 12:01 a.m. 2019, 74:5, eff. Aug. 17, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:35 - Civil Liability; Duty to Warn.

330-A:35 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.
Source.
1998, 234:1, eff. Oct. 31, 1998.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 330-A - Mental Health Practice › Section 330-A:36 - Sexual Misconduct Subject to Disciplinary Action.

330-A:36 Sexual Misconduct Subject to Disciplinary Action. –
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:37.
Source.
1998, 234:1, eff. Oct. 31, 1998.