CHAPTER 203

SB 44-FN - FINAL VERSION

02/22/2023 0578s

18May2023... 1453h

06/15/2023 2234EBA

2023 SESSION

23-0855

09/10

SENATE BILL 44-FN

AN ACT relative to license requirements for certain alcohol and other drug use professionals.

SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3

COMMITTEE: Executive Departments and Administration

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ANALYSIS

This bill adjusts the licensing requirements for alcohol and other drug use professionals.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/22/2023 0578s

18May2023... 1453h

06/15/2023 2234EBA 23-0855

09/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to license requirements for certain alcohol and other drug use professionals.

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

203:1 Alcohol and Other Drug Use Professionals; Definitions. Amend RSA 330-C:2, I to read as follows:

I. "Advertise" means, but is not limited to, the attempt by a visual, oral, or written publication, dissemination, solicitation, or circulation to induce any person to do business with a licensed alcohol and drug counselor, [or] a master licensed alcohol and drug counselor or a certified recovery support worker.

203:2 Alcohol and Other Drug Use Professionals; Definitions. Amend RSA 330-C:2, IX and X to read as follows:

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

X. "Co-occurring disorders " means a diagnosis that includes both a [mental illness] mental health disorder and substance use disorder.

203:3 Alcohol and Other Drug Use Professionals. Amend RSA 330-C:2, XII to read as follows:

XII. "Facility" means an alcohol and other drug use prevention, intervention, recovery, or treatment agency which is publicly or privately owned, for-profit or not-for-profit, and which is licensed, [or] certified, or [required to be licensed or certified] otherwise overseen or approved by the state, or is under contract to a state agency.

203:4 Alcohol and Other Drug Use Professionals. Amend RSA 330-C:2, XV to read as follows:

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

203:5 Alcohol and Other Drug Use Professionals. Amend RSA 330-C:2, XVII to read as follows:

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

203:6 Alcohol and Other Drug Use Professionals. Amend RSA 330-C:2, XIX to read as follows:

XIX. "Substance use disorder" means a disorder related to the taking of a drug, including alcohol to the extent or frequency that it causes distress and results in a reduced ability to function psychologically, socially, occupationally, or interpersonally, as set forth in the current version of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association.

203:7 Alcohol and Other Drug Use Professionals. Amend RSA 330-C:10, I to read as follows:

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

(a) The performance of clinical evaluations including the screening, assessment, and diagnosis of substance use disorders, [and] mental health disorders [when they are] and co-occurring [with a substance abuse disorder] disorders, and the performance of diagnosis and differential [diagnoses] diagnosis. This includes severity assessment and assessment of dangerousness to self or others;

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

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

(2) Crisis prevention and intervention to include enlisting the support of trained personnel to manage risk of harm to self or others;

(3) Co-occurring disorder counseling with the use of integrated models of assessment, intervention, and counseling techniques [within] with and without the context or treatment of a substance use disorder;

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

203:8 Alcohol and Other Drug Use Professionals. Amend RSA 330:C-16, I through II-a to read as follows:

I.(a) Have graduated with a minimum [graduate degree] of a 60-hour masters degree or advanced standing masters degree in clinical mental health, clinical psychology, substance use treatment, social work, [or human services] or equivalent[,] with clinical internship and course work in assessment, diagnosis, and treatment of substance use and mental health disorders, [with clinical course work and internship requirements], from an accredited college or university, 300 hours of alcohol and drug use education, which may be included in the coursework of the master's program, and 300 hours of supervised practical training.

(b) Have graduated with a masters degree of less than 60 hours in a discipline described in subparagraph (a) and has completed the necessary additional hours of masters level course work as determined by the board pursuant to RSA 330-C:9, I(d).

II. [Either hold a current LADC license or pass the testing procedures required under RSA 330-C:17, II.] Pass testing procedures of a nationally recognized credentialing entity specified by the board. Such procedures shall be based on the core functions and practice dimensions of substance use and co-occurring disorders counseling.

[II-a. Either hold a current license issued by the board of mental health practice or pass the examination approved by the board of licensing for alcohol and other drug use professionals to demonstrate competence to provide co-occurring disorder counseling within the context of substance use counseling.]

203:9 Alcohol and Other Drug Use Professionals. Amend RSA 330:C-17, I(b) to read as follows:

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

203:10 Alcohol and Other Drug Use Professionals. Amend RSA 330:C-24, II(c) to read as follows:

(c) For certified recovery support workers, [12] 24 hours of approved continuing education in the 24 months subsequent to the date of certification or re-certification.

203:11 Effective Date. This act shall take effect 60 days after its passage.

Approved: August 04, 2023

Effective Date: October 03, 2023