TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 329-B
PSYCHOLOGISTS

Section 329-B:1

    329-B:1 Purpose; Application. – The purpose of this chapter is to regulate the practice of psychology by practitioners in New Hampshire to assure that the services provided are of a quality consistent with the standard of care within the 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 psychological services and psychology practice to persons as defined under RSA 329-B:2, VII and VIII.

Source. 2012, 233:1, eff. July 1, 2013.

Section 329-B:2

    329-B:2 Definitions. –
In this chapter:
I. "Board" means the board of psychologists.
II. "Board investigator" means the psychologist board member appointed by the board to oversee the professional conduct investigation committee and serve as a liaison between the board and that committee.
III. "Client" or "patient" means a person who seeks or obtains psychological services.
III-a. "Communication of alleged misconduct" or "allegation" means a written statement received by the board describing a claim of professional misconduct of a licensee under this chapter. The term "allegation" shall include but not be limited to, such uses as "allegation of professional misconduct," "letter of alleged misconduct," "statement of alleged misconduct," and "submission of allegation of misconduct."
III-b. "Complaint" means a communication of alleged misconduct containing information that, as the board shall determine, if true, could violate ethical codes, administrative rules, or the law. A matter is considered a complaint when the board orders the change of status from allegation to complaint.
IV. "Former client" or "former patient" means a person who was given psychological services within the previous 7 years.
IV-a. "Licensed school psychologist-doctoral" means any person licensed as a licensed school psychologist-doctoral under RSA 329-B:15-a.
IV-b. "Licensed school psychologist-specialist" means any person licensed as a licensed school psychologist-specialist under RSA 329-B:15-a.
V. "Privilege" is the right of a patient for privacy of his or her psychological records, which belong to the patient and which shall not be abridged except by court order or other exception under state or federal law.
VI. "Professional conduct investigator" means a trained psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist licensed by the board who acts as the agent of the board under the guidance of the board investigator and is authorized to discover facts and make reports to the board.
VII. "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;
(c) Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy;
(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.
VIII. "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.
IX. "Psychologist" means any person licensed as a psychologist under RSA 329-B:15.
X. "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.
XI. "Psychotherapist" means a psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist licensed under this chapter who performs or purports to perform psychotherapy.
XII. "Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
XII-a. "School psychology practice" by a licensed school psychologist-doctoral or licensed school psychologist-specialist" 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;
(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; and
(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
(C) Formulating evidence-based strategies for effective crisis preparation, response, and recovery; 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.
XII-b. "School psychology services" by a licensed school psychologist-doctoral or licensed psychologist-specialist" 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 RSA 329-B:15-a, V.
XIII. "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.

Source. 2012, 233:1, eff. July 1, 2013. 2017, 192:1-3, eff. July 1, 2017. 2020, 6:6-8, eff. Mar. 9, 2020.

Section 329-B:3

    329-B:3 Board of Psychologists. –
I. There shall be a board of psychologists composed of 5 licensed psychologists, one licensed school psychologist-doctoral or licensed school psychologist-specialist, 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. Chairperson terms shall alternate between licensees and public members.
II. The board members shall not serve more than 2 consecutive 3-year terms.
III. Members shall serve terms for the initial board appointment period staggered across the following terms: 2-year, 3-year, and 4-year lengths. Distribution of appointees for each term length shall be one public board member serving in each term length and 2 professionals serving the 2-year and 3-year term lengths and one professional serving the 4-year term length. All subsequent appointments shall be for 3-year terms.
IV. On occasions when the licensed school psychologist board member is recused on a matter, inquiry, or case concerning a licensed school psychologist-doctoral, licensed school psychologist-specialist, or application for such before the board, then a licensed school psychologist-doctoral or licensed school psychologist-specialist from the school psychologist advisory committee shall be allowed to stand in to address the board business for the licensed school psychologist-doctoral or licensed school psychologist-specialist board member for that matter only.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:9, 10, eff. Mar. 9, 2020.

Section 329-B:4

    329-B:4 Repealed by 2021, 197:118, I, eff. July 1, 2021. –

Section 329-B:5

    329-B:5 Repealed by 2015, 276:108, XXXIV, eff. July 1, 2015. –

Section 329-B:6

    329-B:6 Qualifications; Administrative Members. –
I. Each nonpublic member of the board and the advisory committee shall be a resident of this state and licensed under the provisions of this chapter.
II. Each nonpublic member of the board and all licensed professionals performing board-related duties otherwise immune from civil action pursuant to RSA 329-B:21, V shall comply with and be subject to all provisions of this chapter and the licensee's professional ethical code in performing board-related duties.
III. 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.
IV. Each public member of the board and the advisory committees shall be a resident of this state.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:12, eff. Mar. 9, 2020.

Section 329-B:7

    329-B:7 Repealed by 2021, 197:118, II, eff. July 1, 2021. –

Section 329-B:8

    329-B: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, after which the replacement board member shall be eligible for one additional consecutive term if reappointed. The replacement board member shall be of the same qualification and appointed by the governor and council.

Source. 2012, 233:1, eff. July 1, 2013.

Section 329-B:9

    329-B: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 members of the advisory committees 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 in an adjudicatory hearing. Advisory committee members shall have the same qualification as the missing or recused board member.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:13, eff. Mar. 9, 2020.

Section 329-B:10

    329-B:10 Board; Responsibilities and Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. [Repealed.]
II. Procedures for expedited licensure for applicants from other states who qualify under RSA 329-B:20.
III. The qualifications of applicants in addition to those required by statute.
IV. [Repealed.]
V. How an applicant shall be examined, including:
(a) Time and place of examination.
(b) The subjects to be tested.
(c) Passing grade.
(d) Disposition of examination papers.
VI. [Repealed.]
VII. (a) Ethical standards, as promulgated by the American Psychological Association, required to be met by each psychologist licensed under this chapter, and how a psychologist license may be revoked for violation of these standards.
(b) Ethical standards, as promulgated by the National Association of School Psychologists, required to be met by each licensed school psychologist-doctoral and licensed school psychologist-specialist licensed under this chapter, and how a licensed school psychologist-doctoral or licensed school psychologist-specialist license may be revoked for violation of these standards.
(c) Competence standards for licensees under this chapter.
VIII. Procedures, standards, and supervision requirements for candidates for licensure, consistent with the standards established by the advisory committee and the board. All candidates for licensure shall be documented with the board.
IX. Establishment of the scope of practice for psychologists, licensed school psychologist-doctoral, and licensed school psychologist-specialist.
X. Procedures for assuring the continuing competence of psychologists, licensed school psychologists-doctoral, and licensed school psychologists-specialist licensed under this chapter including, but not limited to, continuing education requirements, and the professional's health program.
XI. How licensees shall provide evidence of good professional character and reliability to satisfy the board that they shall faithfully and conscientiously avoid professional misconduct and otherwise adhere to the requirements of this chapter.
XII. [Repealed.]
XIII. The content of the materials and information to be distributed under RSA 329-B:14.
XIV. Requirements to be met by licensees relative to the disclosure of information to clients, patients and the general public concerning the nature of psychological and school psychological services and the responsibilities of psychologists, licensed school psychologists-doctoral, and licensed school psychologists-specialist to clients or patients in RSA 329-B:32.
XV. Procedures for receiving and addressing complaints against licensees who have had a personal or professional relationship with a board member.
XVI. [Repealed.]
XVII. Standards of care for the practice of telemedicine or tele-health.
XVIII. Guidance for providing informed consent under RSA 329-B:32.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:14-16, eff. Mar. 9, 2020. 2021, 197:118, III, eff. July 1, 2021. 2023, 212:34, I, eff. Oct. 3, 2023.

Section 329-B:10-a

    329-B: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, 131:9, eff. June 16, 2017. 2019, 254:11, eff. July 1, 2019.

Section 329-B:11

    329-B:11 Receipts and Disbursements. – The board shall receive and account for all fees under the provisions of this chapter, and shall pay such moneys to be deposited in the office of professional licensure and certification fund.

Source. 2012, 233:1, eff. July 1, 2013. 2017, 192:4, eff. July 1, 2017. 2018, 330:10, eff. July 1, 2018.

Section 329-B:12

    329-B:12 Establishment of Fees. –
I. There shall be a fee for an initial license. The license shall be renewed biennially on or before June 30 upon payment of a renewal fee.
II. The board shall establish fees applicable to psychologists for review of applicants; 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.

Source. 2012, 233:1. 2014, 167:45. 2015, 229:16, eff. July 1, 2015. 2017, 192:5, eff. July 1, 2017. 2022, 314:15, eff. July 1, 2022.

Section 329-B:13

    329-B:13 Records and Reports. – The board shall keep records of its proceedings and separate registers of all applications for licensure and all complaints filed against licensees in accordance with the retention policy established by the office of professional licensure and certification. Such records shall show information relative to the application or complaint and the board's response to the application or complaint, without disclosing the identity of those involved, as the rules of the board may prescribe. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary investigations and records otherwise exempt from disclosure under RSA 91-A or other applicable statutes.

Source. 2012, 233:1, eff. July 1, 2013. 2021, 197:115, eff. July 1, 2021.

Section 329-B:14

    329-B: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 329-B:30 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. 2012, 233:1, eff. July 1, 2013.

Section 329-B:14-a

    329-B:14-a Criminal History Record Checks. –
I. Every applicant for initial permanent licensure or reinstatement shall submit to the board a criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.
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 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.
III. 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.
IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.

Source. 2017, 192:12, eff. July 1, 2017. 2018, 318:24, eff. Aug. 24, 2018.

Section 329-B:15

    329-B:15 Psychologist License. –
I. The board shall issue a psychologist license to any person who:
(a) Has passed a satisfactory examination in psychology.
(b) Has received the 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.
(c) Has had at least 2 years of satisfactory, supervised experience in the field of psychology.
(d) Is of good professional character.
(e) Has paid all fees established and collected by the board.
(f) Has submitted a complete set of fingerprints and a criminal history records release form in accordance with RSA 329-B:14-a.
II. Examinations for applicants under this chapter shall be held by the board at least once each year. The board shall determine the subject and scope of the examination, which may be written, oral, or both. If an applicant fails the first examination, the applicant may be admitted to a subsequent examination upon the payment of an additional fee in the amount established by the board.

Source. 2012, 233:1, eff. July 1, 2013. 2017, 192:6, eff. July 1, 2017. 2018, 318:25, eff. Aug. 24, 2018.

Section 329-B:15-a

    329-B:15-a Licensed School Psychologist-Doctoral and Licensed School Psychologist-Specialist. –
I. The board shall issue a license for the title of licensed school psychologist-doctoral to any person who has a doctoral degree in psychology and:
(a) Is certified as a school psychologist by the New Hampshire department of education, bureau of credentialing; and
(b) Has completed all of the following requirements:
(1) Has passed a satisfactory examination in psychology as determined by the board including a national school psychologists' examination.
(2) Has met education and other requirements determined by the board.
(3) Is of good professional character.
(4) Has submitted a complete set of fingerprints and a criminal history records release form in accordance with RSA 329-B:14-a.
(5) Has paid all fees established by the office of professional licensure and certification established under RSA 310-A:1-a and collected by the board.
II. The board shall issue a license for the title of licensed school psychologist-specialist to any person who does not have a doctoral degree and:
(a) Is certified as a school psychologist by the New Hampshire department of education, bureau of credentialing; and
(b) Has completed all of the following requirements:
(1) Has passed a satisfactory examination in psychology as determined by the board including a national school psychologists' examination.
(2) Has met education and other requirements determined by the board.
(3) Is of good professional character.
(4) Has submitted a complete set of fingerprints and a criminal history records release form in accordance with RSA 329-B:14-a.
(5) Has paid all fees established by the office of professional licensure and certification established under RSA 310-A:1-a and collected by the board.
III. The following shall apply to those school psychologists who are certified by the department of education on the effective date of this section:
(a) Each certified school psychologist in good standing who holds a doctoral degree in psychology shall be licensed as licensed school psychologist-doctoral.
(b) Each certified school psychologist in good standing who does not hold a doctoral degree in psychology shall be licensed as licensed school psychologist-specialist.
(c) Those certified school psychologists who are subject to discipline or are under review, or who are under investigation shall be reviewed by the board which shall grant, deny, or issue a license with conditions as determined by the board.
(d) Those school psychologists granted licenses under this paragraph shall be exempt from fees for the initial license period which shall extend beyond that individual's certification in school psychology by 3 months and shall include an additional year for those whose certifications from the department of education would expire in June of 2020. Following that time, such individual shall be eligible for renewal under the rules established by the board and upon payment of the applicable fee.
IV. Examinations for applicants under this section shall be held by the board at least once each year. The board shall determine the subject and scope of the examination, which may be written, oral, or both. If an applicant fails the examination, the board shall deny the license or specify conditions under which the applicant may be admitted to a future examination according to board rules.
V. Unless otherwise licensed under another provision, a licensed school psychologist-doctoral or licensed school psychologist-specialist licensure is for services provided in those settings that are provided in an educational institution. No persons licensed under this section may provide services outside such settings if the services are directly related to the client's improvement of school functioning including but not limited to learning, development, social and emotional functioning, and behavior, but any services provided outside of the school shall relate to such person's students and his or her employment in a school. No persons licensed under this section shall hold themselves out as psychologists, psychological examiners, or by any business name incorporating variations of those titles other than school psychologists or nationally certified school psychologists unless they are otherwise licensed under another provision.
VI. The board shall provide materials and information concerning licensed school psychologists-doctoral and licensed school psychologists-specialist to the department of education bureau of credentialing that will further the proper administration of the credentials of each department.

Source. 2020, 6:5, eff. Mar. 9, 2020.

Section 329-B:16

    329-B:16 Electronic Practice of Psychology, Telehealth, Telemedicine. –
I. Telepsychology, telehealth, and telemedicine services, as provided by psychologists, include those psychology services that utilize electronic means, including audio, video, or other electronic media, to engage in visual or virtual presence in contemporaneous time. A New Hampshire tele-pass license shall be required for provision of such care to people in New Hampshire. Contacts that are exempt from this requirement are:
(a) Persons exempted by 329-B:28.
(b) Screenings for inclusion in voluntary research projects that have been properly approved by a New Hampshire based institutional review board.
(c) Psychologists licensed by the board, who may provide tele-psychology services to a person within the state of New Hampshire without acquiring a tele-pass psychology license.
(d) Persons exempted by RSA 329-D.
II. A doctoral level psychologist who is not licensed in New Hampshire shall be eligible to provide telepsychology services to a person in New Hampshire pursuant to RSA 329-D, or providing that the psychologist:
(a) Is licensed in one of the jurisdictions in the United States or Canada;
(b) Is in good standing in all license jurisdictions in the United States and Canada;
(c) Has satisfied conditions determined in rules adopted by the board; and
(d) Has applied for and obtained a valid New Hampshire tele-pass psychology license in accordance with board rules and payment of license fees with effective dates that cover the dates of services provided.
III. The tele-pass psychology licensee shall agree to conditions including, but not limited to, conditions stipulated by the board that the licensee shall:
(a) Conform to all New Hampshire statutes and rules.
(b) Agree that electronic attendance for appearances shall be deemed adequate for regulatory enforcement purposes and that in-person appearances by the licensee are optional and such associated costs for in-person attendance are the full responsibility of the tele-pass psychology licensee.
(c) Understand that false statements or failure to comply with official requests and official orders shall constitute sufficient cause for revocation of the tele-pass psychology license.
(d) Understand that all conditions of tele-pass psychology license to practice and enforcement shall be pursuant to New Hampshire law.
(e) Grant the New Hampshire board of psychologists and its investigators authority to disclose to law enforcement and related regulatory authorities, at their discretion, information including but not limited to status of application, actions and information pertinent to investigations and enforcement of the laws and rules pertaining to the licensee's conduct.
(f) Not conduct face-to-face in-person psychological services in New Hampshire.
IV. The board shall adopt rules pursuant to RSA 541-A for:
(a) The application procedure for a New Hampshire tele-pass psychology license;
(b) Additional requirements for a psychologist licensed in another state of Canada to acquire a tele-pass psychology license, including attestations;
(c) The standards of care for telemedicine practice of psychology and their enforcement; and
(d) Procedures for investigation and discipline pursuant to all means authorized in this chapter, including but not limited to suspension or revocation of a tele-pass psychology license.
V. Persons who have been granted emergency licenses to practice psychology under the Covid 19 emergency pursuant to the Governor's Emergency Order #29 shall be granted a tele-pass license upon application to the board.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 27:25, eff. July 21, 2020. 2021, 205:2, Pt. IX, Sec. 1, eff. Aug. 10, 2021.

Section 329-B:17

    329-B:17 Unlawful Practice; Penalty. –
I. Except as provided in RSA 329-B:20 and RSA 329-B:28, it shall be unlawful for any person to be engaged in psychology, licensed school psychology-doctoral, or licensed school psychology-specialist practice unless that person is licensed by the board or working under the direct supervision of a person licensed by the board. The license 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 psychologist, licensed school psychology-doctoral, or licensed school psychology-specialist or use the word "psychology" or "psychological" in such person's title or in the title of such person's work products unless that person is licensed by the board or working under the direct supervision of a person licensed by the board.
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 psychology, or, having had his or her license suspended or revoked, shall continue to represent himself or herself as a licensed psychologist, licensed school psychology-doctoral, or licensed school psychology-specialist, 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 329-B:21 or sexual misconduct under RSA 329-B:30 shall not engage in psychology, licensed school psychology-doctoral, or licensed school psychology-specialist practice as defined in RSA 329-B:2, VII and VIII unless and until the suspension or revocation of the license has been lifted.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:17, eff. Mar. 9, 2020.

Section 329-B:18

    329-B:18 Injunction. – The board may request the attorney general to commence an action to enjoin the operation of any person engaged in practicing unlicensed psychology, licensed school psychology-doctoral, or licensed school psychology-specialist in violation of this chapter. Said action shall be filed in the superior court.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:18, eff. Mar. 9, 2020.

Section 329-B:19

    329-B:19 Civil Claims. – Any person injured by the actions of a person engaged in the practice of unlicensed psychology, licensed school psychology-doctoral, or licensed school psychology-specialist 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. 2012, 233:1, eff. July 1, 2013. 2020, 6:19, eff. Mar. 9, 2020.

Section 329-B:20

    329-B:20 Temporary and Emergency Applicants From Other States. –
Any psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist practicing pursuant to this section shall conform his or her practice to the mandates of this chapter and the rules of the board. Any psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist seeking to practice under this section shall register with the board in a manner determined by the board.
I. An individual licensed to practice psychology or school psychology in another jurisdiction may practice psychology, licensed school psychology-doctoral, or licensed school psychology-specialist in accordance with this chapter in New Hampshire by applying for a license, if:
(a) The psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist limits her or his practice in New Hampshire to no more than 30 days per year; and
(b) The psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist is not the subject of a past or pending disciplinary action in another jurisdiction; and
(c) At least one of the following is true:
(1) The psychologist is the holder of one of the following credentials:
(A) The Association of State and Provincial Psychology Boards (ASPPB) Certificate of Professional Qualification in Psychology (CPQ);
(B) The ASPPB Interjurisdictional Practice Certificate (IPC);
(C) The American Board of Professional Psychology (ABPP) certification;
(D) The National Register of Health Providers in Psychology certification; or
(E) Other equivalent qualifications determined by the board.
(2) The school psychologist is:
(A) The holder of the Nationally Certified School Psychologist (NCSP), credentialed by the National Association of School Psychologists, or other equivalent qualifications determined by the board; and
(B) Approved by the board to be knowledgeable in state practice as determined by the board.
(d) An individual licensed to practice psychology in another jurisdiction seeking to perform an evaluation under a court order may be allowed a temporary license for no more than 30 days which may be non-consecutive during a 12 month period, providing he or she qualifies under subparagraphs (b) and (c)(1).
(e) An individual seeking temporary licensure shall submit the application and pay the fee determined by the office of professional licensure and certification.
II. An individual licensed to practice psychology or school psychology in another jurisdiction who is providing services in response to a declared disaster, under the American Red Cross or the American Psychological Association's Disaster Response Network, or other such agency so designated by the board, may practice psychology in New Hampshire for no more than 60 days per year without applying for a state license. Any psychologist practicing pursuant to this paragraph shall conform his or her practice to the mandates of this chapter and rules of the board. Any psychologist seeking to practice under this paragraph shall register with the board or cause said organization to make such registration in a manner determined by the board.
III. The board may issue a temporary license to practice for not more than 90 days in a 12-month period to a psychologist who is licensed in another jurisdiction and who has applied for a temporary license to practice psychology in New Hampshire, provided that:
(a) The requirements for licensure in the licensing jurisdiction are equal to or exceed the requirements for licensure in New Hampshire;
(b) The applying psychologist meets the requirements for admission to the examination process in New Hampshire;
(c) The psychologist is not the subject of a past or pending disciplinary action in another jurisdiction and
(d) The individual submits an application and pays the fee determined by the office of professional licensure and certification.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:20, eff. Mar. 9, 2020.

Section 329-B:21

    329-B:21 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 329-B:30.
(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, egregious, 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, rules, or ethical requirements applicable at the time of the alleged misconduct.
III. [Repealed.]
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]

Source. 2012, 233:1, eff. July 1, 2013. 2017, 192:7, 8, eff. July 1, 2017. 2023, 212:34, II, eff. Oct. 3, 2023.

Section 329-B:22

    329-B:22 Repealed by 2023, 212:34, III, eff. Oct. 3, 2023. –

Section 329-B:23

    329-B:23 Repealed by 2023, 212:34, IV, eff. Oct. 3, 2023. –

Section 329-B:24

    329-B:24 Repealed by 2023, 212:34, V, eff. Oct. 3, 2023. –

Section 329-B:25

    329-B:25 Expirations, Renewals, Reinstatements, and Inactive Status. –
I. 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 period. 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 renewal fee.
(a) Psychologist licenses shall be valid for a period of 2 years and shall become invalid on the expiration date unless renewed or reinstated, which shall be for a 2-year period.
(b) Licensed school psychologist-doctoral and licensed school psychologist-specialist licenses shall be valid for a period of 3 years and shall become invalid on the expiration date unless renewed or reinstated, which shall be for a 3-year period.
II. If a license is not renewed it may be reinstated not later than 6 months after the date of license expiration upon compliance with rules adopted by the board and payment of the reinstatement fee. 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 duty by application to the board of psychologists providing that no more than 4 years has passed since the change to inactive status.

Source. 2012, 233:1, eff. July 1, 2013. 2017, 192:15, eff. July 1, 2017. 2020, 6:22, eff. Mar. 9, 2020.

Section 329-B:26

    329-B:26 Privileged Communications. – The confidential relations and communications between any person licensed under provisions of this chapter and such licensee's client or patient 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. Confidential relations and communications between a client or patient 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 through 135-C:54 or RSA 464-A.

Source. 2012, 233:1, eff. July 1, 2013.

Section 329-B:27

    329-B:27 Prior Licensure and Jurisdiction. –
I. Any psychologist who was licensed under the provisions of RSA 330-A on June 30, 2012, shall continue to be licensed and shall be under the jurisdiction of the board under RSA 329-B.
II. All complaints in process pertaining to psychologists or their trainees under board consideration, investigation, supervision, discipline, settlement, consent decree, and all other matters under RSA 330-A on June 30, 2012 shall be under the jurisdiction of the board under RSA 329-B.
III. All supervision agreements and license applications and renewals, pertaining to psychologists and psychology students in effect or under consideration under RSA 330-A on June 30, 2012 shall be under the jurisdiction of the board under RSA 329-B.
IV. [Repealed.]
V. Any psychologist or public member who served on the board established under RSA 330-A prior to June 30, 2012 shall be considered a former member of the board established under this chapter.
VI. All complaints in process pertaining to school psychologists or their trainees under certificate consideration, investigation, supervision, discipline, settlement, consent decree, and all other like matters under RSA 21-N on the effective date of this paragraph shall be communicated to the board under this chapter.
VII. All corrective supervision agreements pertaining to school psychologists, associate school psychologists, and school psychology students in effect or under consideration under RSA 21-N on effective date of this paragraph shall be communicated to the board under this chapter.
VIII. Any doctoral level school psychologist who served on the board established under RSA 21-N prior to the effective date of this paragraph shall be considered a former member of the board established under this chapter.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:23, 24, eff. Mar. 9, 2020. 2021, 197:118, IV, eff. July 1, 2021.

Section 329-B:28

    329-B:28 Persons Exempted. –
I. Nothing in this chapter shall be construed to limit:
(a) The activities of any person licensed or permitted under RSA 330-A.
(b) The psychotherapy activities or services of a person in the employ of a 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.
(c) 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.
(d) 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.
(e) 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.
(f) The psychotherapy activities of individuals who volunteer their services to nonprofit charitable organizations and receive no remuneration for their services.
(g) The psychotherapy activities and services of physicians licensed under RSA 329, and advanced registered nurse practitioners, licensed under RSA 326-B:18.
II. 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.
III. Nothing in this chapter shall be construed to limit the psychotherapy activities, services, or use of official title of a person in the employ of a federal agency or institution insofar as such activities and services are a part of the duties of such person in that salaried position.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:25, eff. Mar. 9, 2020.

Section 329-B:29

    329-B:29 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 or patient's violent behavior when the client or patient 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 to warn 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/patient's or potential victim's residence, or obtains civil commitment of the client or patient 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. 2012, 233:1, eff. July 1, 2013.

Section 329-B:30

    329-B:30 Sexual Misconduct Subject to Disciplinary Action. – Sexual relations with a client or patient or a former client or patient shall be considered sexual misconduct and shall be subject to disciplinary action under RSA 329-B:21 and the duty to inform established in RSA 329-B:31.

Source. 2012, 233:1, eff. July 1, 2013.

Section 329-B:31

    329-B:31 Sexual Misconduct; Duty to Inform. –
I. If, during the course of psychological therapy a client or patient alleges that a person licensed under this chapter or in the licensed psychotherapy professionals listed in RSA 329-B:28 has engaged with the client or patient in sexual misconduct as described in RSA 329-B:2 and RSA 329-B:30, the person licensed under this chapter shall have a duty to inform the client or patient in the manner provided for in paragraph II.
II. The duty to inform 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 or patient of the unethical, unprofessional, and dishonorable conduct of the previous psychotherapist's actions. Any person licensed under this chapter shall also advise the client or patient that such sexual misconduct is cause for disciplinary action by the board applicable to that profession.
III. No civil or criminal liability shall arise concerning client or patient 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 section, 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 or patient reports 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 or patient in reporting the incident to the board.

Source. 2012, 233:1, eff. July 1, 2013.

Section 329-B:32

    329-B:32 Psychology Client-Patient Bill of Rights. – The board shall provide guidance 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 psychologists, licensed school psychologist-doctoral, or licensed school psychologist-specialists practice. When addressing the patient or client 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. 2012, 233:1, eff. July 1, 2013. 2020, 6:26, eff. Mar. 9, 2020.