2002 SESSION

02-3012

01/09

SENATE BILL 389

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes levels of licensure of alcohol and drug counselors.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02-3012

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

1 Levels of Licensure; Alcohol and Drug Counselor License. RSA 330-C:9 is repealed and reenacted to read as follows:

330-C:9 Licenses.

I. The board shall issue a clinical supervisor license or an alcohol and drug counselor license, whichever is appropriate, to an applicant who files an application, pays the required fee, and meets the qualifications established under RSA 330-C:8.

II. An applicant shall prove to the board's satisfaction all of the following:

(a) For licensure as an alcohol and drug counselor level I who shall be licensed to conduct an independent practice of alcohol and drug counseling:

(1) 6,000 hours or 3 years of supervised alcohol and drug counseling practice of which at least 2 years or 4,000 hours shall be post master's degree award.

(2) A master's degree in behavioral sciences, including a supervised counseling practicum which meets the requirements of the board or such equivalent educational credits as may be established by the board.

(3) Passing of written and/or oral tests as required by the board.

(b) For licensure as an alcohol and drug counselor level II who shall be licensed to practice alcohol and drug counseling under clinical supervision:

(1) 6,000 hours or 3 years of supervised alcohol and drug counseling practice.

(2) 270 hours of training and education in alcohol and drug counseling as specified by the board.

(3) 300 hours of supervised practical training, which may be included as part of the requirements under subparagraph (b)(1).

(4) Completion of an approved program of education, including a supervised counseling practicum which meets the requirements of the board.

(5) Passing of written and/or oral tests as required by the board.

(c) For licensure as a clinical supervisor (LCS) who shall be licensed to provide clinical supervision for level I and level II alcohol and drug counselors:

(1) A master's degree in behavioral sciences, including a supervised counseling practicum which meets the requirements of the board.

(2) Current license as a licensed alcohol and drug counselor.

(3) 10,000 hours' experience as a licensed alcohol and drug counselor.

(4) 4,000 hours of experience as a clinical supervisor in alcohol and drug specialty, which may be included as part of the experience requirements under subparagraph (c)(3).

(5) 30 hours of training/education in clinical supervision covering assessment, evaluation, counselor development, management, administration, ethics and professional responsibility.

(6) Completion of a minimum of 200 hours face-to-face clinical supervision by a LCS.

(7) Passing of written test as required by the board.

(d) The board shall establish mandatory face-to-face clinical supervision as defined in RSA 330-C:3, VI for licensed alcohol and drug counselors level I and level II, as well as LCS.

(e) The board may establish other reasonable classifications for alcohol and drug counselors, as it finds necessary and appropriate, taking into consideration different levels of education, training, work and supervisory experience.

(f) United States citizenship or status as a legal resident alien.

(g) Absence of a sanction from NAADAC The Association of Addictions Professionals, or from a state agency for a violation of a code of ethics, or other related state board sanctions which shall be waived by the board upon presentation of satisfactory evidence that such sanction does not impair the availability of the person to conduct with safety to the public the practice authorized by this chapter. The applicant shall bear the burden of proving that the sanction does not impair the applicant's ability to conduct with safety to the public the practices authorized by this chapter.

(h) That the applicant has not been convicted of a felony in any jurisdiction. A person may be licensed in spite of a felony conviction if the board, upon presentation of satisfactory evidence, finds that such conviction does not impair the ability of the person to conduct with safety to the public the practice authorized by this chapter. The applicant shall bear the burden of proving that the conviction does not impair the applicant's ability to conduct with safety to the public the practices authorized by this chapter.

(i) That the applicant has not been declared mentally incompetent by any court, or, if so declared, that there has been a subsequent court determination that the applicant is competent.

(j) Freedom from the use of any controlled substance or any alcoholic beverage to the extent that the use impairs the ability of the applicant to conduct with safety to the public the practices authorized by this chapter. The applicant shall bear the burden of proving that the applicant is free from use of any controlled substance or any alcoholic beverage that impairs the applicant's ability to conduct with safety to the public the practices authorized by this chapter.

III. The board shall license any applicant who is similarly in another state, provided that other state's licensing requirements are substantially equivalent to or greater that those of this state.

2 Rulemaking; "Commissioner" Changed to "Board." Amend the introductory paragraph of RSA 330-C:8, I to read as follows:

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

3 Applicability.

I. Upon the effective date of this act, all currently licensed alcohol and drug counselors who do not meet the minimum requirements for a level I counselor shall hold a "provisional license" as a level II counselor for a period of no more than 5 years from the effective date of this act in order to obtain the necessary credits with an approved program of education, including a supervised counseling practicum which meets the requirements of the board.

II. Upon the effective date of this act, persons who are currently licensed clinical supervisors who do not have a master's degree shall hold a "provisional license" as a level II counselor for a period of no more than 5 years from the effective date of this act in order to obtain the necessary credits with a recognized master degree program in behavioral science.

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