CHAPTER Alc
100 ORGANIZATIONAL RULES
PART Alc
101 PURPOSE
Alc 101.01 Purpose of the Rules. These rules implement the statutory responsibilities
of the board of licensing for alcohol and other drug use professionals. Their
purpose is to protect and benefit the public through regulation of such
professionals.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
PART Alc
102 DEFINITIONS
Alc 102.01 “Board” means the board of licensing for
alcohol and other drug use professionals established by RSA 330-C:3.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 102.03)
Alc 102.02 “Certified recovery support worker (CRSW)” means,
pursuant to RSA 330-C:2, IV, an individual certified by the board to provide
recovery support to persons with substance use disorders.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc 102.03 “Licensed alcohol and drug counselor (LADC)”
means, pursuant to RSA 330-C:2, XIII, an individual licensed by the board to
practice substance use counseling who meets the initial licensing
qualifications set forth in RSA 330-C:17.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 102.02)
Alc 102.04 “Licensed clinical supervisor (LCS)” means,
pursuant to RSA 330-C:2, XIV, an individual licensed by the board to practice
and supervise substance use counseling who meets the initial licensing
qualifications set forth in RSA 330-C:18.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 102.05)
Alc 102.05 “Master licensed alcohol and drug counselor
(MLADC)” means, pursuant to RSA 330-C:2, XV, an individual licensed by the
board to practice substance use counseling who meets the initial licensing
qualifications set forth in RSA 330-C:16.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
PART Alc
103 DESCRIPTION OF THE AGENCY
Alc 103.01 Composition of the Board. The board consists of 7 members appointed and
limited in accordance with RSA 330-C:3, I through VI, sitting for no more than
2 consecutive 3-year terms.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc 103.02 Responsibilities of the Board. The board’s responsibilities include:
(a) The issuance, reinstatement and renewal of licenses to applicants
qualified under RSA 330-C and the board’s rules to be licensed alcohol and drug
counselors;
(b) The issuance, reinstatement and renewal of licenses to applicants
qualified under RSA 330-C and the board’s rules to be licensed clinical
supervisors;
(c) The issuance of
certificates to applicants qualified under RSA 330-C and the board’s rules to
be certified recovery support workers;
(d) The approval of
continuing education programs and providers of such programs;
(e) The
investigation of possible misconduct by licensees and certificate holders; and
(f) Disciplinary
proceedings and disciplinary actions against licensees and certificate holders.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc 103.03 Chairperson; Liaison to the Board of
Mental Health Practice.
(a) The board elects
a chairperson from its membership on an annual basis.
(b) One board member
is designated to be liaison to the board of mental health practice.
(c) The board has
the authority under RSA 330-C:6 to establish an advisory committee composed of
3 to 5 licensees, to advise on each of these topics:
(1) Applications for licensure and certification;
(2) Examinations; and
(3) Continuing education and peer collaboration.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc 103.04 Meetings and Quorum.
(a) The board shall meet
no fewer than 6 times a year, and at such additional times as the board chair
or a majority of the board shall designate.
(b) The time and
place of the meetings shall be noticed to the public in accordance with RSA
91-A:2, II.
(c) Nonpublic
sessions of a board meeting shall be governed by RSA 91-A:3.
(d) A quorum shall
be 4 members.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc 103.05 Records of Board Actions.
(a) Minutes shall be
kept of board meetings and of official actions taken by the board.
(b) The minutes
shall record the members who participate in each vote and shall separately
record the position of members who choose to dissent, abstain or concur.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 103.06)
Alc 103.06 Public Access to Minutes.
(a) Minutes of board
actions which are not exempt from disclosure under RSA 91-A:3, III or RSA
91-A:5 shall be public records.
(b) The minutes shall
be available for inspection during the board’s ordinary office hours at the
times specified by RSA 91-A:2, II and RSA 91-A:3, III.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 103.07)
PART Alc
104 PUBLIC INFORMATION
Alc 104.01 Office Location, Mailing Address,
Telephone and Fax Numbers.
(a) The board’s
office location and mailing address is:
Board of Licensing for
Alcohol and Other Drug Use Professionals
Philbrook Building
121 South Fruit Street
Concord, NH 03301
(b) The board’s
telephone number is 603-271-6761.
(c) The board’s fax
number is 603-271-6116.
(d) Access for in-state
TTY/TDD users is through Relay New Hampshire by dialing 711 or by dialing
1-800-735-2964.
(e) Correspondence, filings and other communications intended for the board
shall be mailed to the attention of the license administrator at the address in
paragraph (a) or faxed to the attention of the license administrator at the
number in paragraph (c).
(f) Information can
be obtained by using the telephone numbers stated in paragraphs (b) and (d).
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc 104.02 Inspection and Copies of Records.
(a) The board shall make
available, upon request, those records which are subject to public inspection
under RSA 91-A.
(b) Persons desiring
to inspect or obtain copies of board records shall identify as specifically as
possible the information being sought.
(c) Persons desiring
copies of board records shall pay the actual costs of copying.
(d) If records are
requested which contain both public information and information exempt from
disclosure pursuant to RSA 91-A or other law, the board shall delete the
information exempt from disclosure and provide the remaining information.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
CHAPTER Alc
200 PROCEDURAL RULES
PART Alc
201 DEFINITIONS
Alc 201.01 Definitions.
(a) “Adjudicative proceeding” means “adjudicative
proceeding” as defined in RSA 541-A:1, I, namely “the procedure to be followed
in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”
(b) “Appearance” means a written notification to
the board that a party, an intervenor or the representative of a party or
intervenor intends to actively participate in an adjudicative proceeding.
(c) “Board” means “board” as defined in RSA
330-C:2, III, namely, "the board of licensing for alcohol and other drug
use professionals."
(d) “Contested case” means “contested case” as
defined in RSA 541-A:1, IV namely, “a proceeding in which the legal rights,
duties, or privileges of a party are required by law to be determined by an
agency after notice and an opportunity for hearing.”
(e) “Declaratory ruling” means "declaratory
ruling" as defined in RSA 541-A:1, V, namely, "an agency ruling as to
the specific applicability of any statutory provision or of any rule or order
of the agency."
(f) “Intervenor” means a person without the
status of a party but participating in an adjudicative proceeding to the extent
permitted by the presiding officer acting pursuant to RSA 541-A:32.
(g) “Motion” means a request to the presiding
officer for an order or ruling directing some act to be done in favor of the
proponent of the motion, including a statement of justification or reasons for
the request.
(h) “Order” means, pursuant to RSA 541-A:1, XI,
the whole or part of the board’s final disposition of a matter other than a
rule, but not including the board’s decision to initiate, postpone, investigate or process any matter, or to issue a complaint
or citation.
(i) “Party” means
“party” as defined by RSA 541-A:1, XII, namely, “each person or agency named or
admitted as a party, or properly seeking and entitled as a right to be admitted
as a party.”
(j) “Person” means any individual, partnership,
corporation, association, governmental subdivision or public or private
organization of any character other than the board.
(k) “Presiding officer” means that individual to
whom the board has delegated in accordance with RSA 330-C:29, I the authority
to preside over a proceeding, if any; otherwise it means the chair of the
board.
(l) “Proof by a preponderance of the evidence”
means a demonstration by admissible evidence that a fact or legal conclusion is
more probably true than not.
(m) “Public comment hearing” means a proceeding
held pursuant to RSA 541-A:11.
(n) “Record” means, in a contested case, the
materials set forth in RSA 541-A:31, VI.
(o) “Rulemaking petition” means a petition made
pursuant to RSA 541-A:4, I.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
PART Alc
202 DISPUTE RESOLUTION AND CONSTRUCTION
OF RULES
Alc 202.01 Principles of Dispute Resolution. The board shall resolve by agreement or by a
decision all disputes about non-criminal matters within the scope of RSA 330-C
and the administrative rules implementing that statute.
Source. #8170,
eff 9-21-04
Alc 202.02 Construction of Rules. Parts Alc 204 - Alc 213 shall be construed to secure the just, accurate and
efficient resolution of all disputes.
Source. #8170,
eff 9-21-04
Alc 202.03 Right to A Hearing. Any person having a dispute with the board
shall be entitled to a hearing of the dispute if:
(a) The legal
rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and
(b) Constitutional, statutory or case law requires the board to hold a hearing
before determination of those rights, duties or privileges.
Source. #8170,
eff 9-21-04
PART Alc
203 COMPLAINTS OF MISCONDUCT
Alc 203.01 Procedures
for Submission and Processing of Complaints of Misconduct by Licensees and
Certificate Holders.
(a) Persons wishing to complain of misconduct by
a licensee or certificate holder shall submit to the board a written complaint
including the information described in (b) below, using mail or any electronic
means.
(b) The complaint shall include:
(1) The name
and address of the complainant;
(2) If the complaint
is made on behalf of another person, the name of that person and the
relationship of that person to the complainant;
(3) The date of
the complaint;
(4) The name of
the licensee or certificate holder complained against;
(5) If known,
the business address and telephone number of the licensee or certificate holder
complained against;
(6) A brief
description of the treatment, action, or event complained about;
(7) The
beginning and ending dates of the treatment, action, or event being complained
about; and
(8) If desired
by the complainant, copies, but not originals, of any documents which relate to
the complaint.
(c) The board shall investigate complaints of
misconduct as directed by RSA 330-C:28, I through VII and in accordance with
(d) below.
(d) If in the course of its investigation the
board receives, in response to a subpoena or otherwise, the medical record of
any individual who is not the licensee or certificate holder under
investigation or receives any other material protected as confidential by RSA
91-A:5, IV, the board shall protect and maintain the confidentiality of such
record or material in accordance with RSA 91-A and other applicable by laws.
Source. #8171, eff 9-21-04; ss by #9419, eff 3-14-09,
EXPIRED: 3-14-17
New. #13501, eff 12-9-22
PART Alc
204 CONDUCT OF HEARINGS BY PRESIDING
OFFICER; WAIVER OF RULES; APPEARANCES
Alc 204.01 Presiding
Officer.
(a) Hearings shall be conducted by a presiding
officer designated by the board in accordance with RSA 330-C:29, I.
(b) The presiding officer shall as necessary:
(1) Regulate
and control the course of the hearing;
(2) Facilitate
settlement of the dispute that is the subject of the hearing;
(3) Administer
oaths and affirmations;
(4) Request
that the board issue and serve subpoenas under the circumstances permitted by
and complying with RSA 330-C:28, IV and V to compel the attendance of witnesses
or the production of documents or things;
(5) Receive
relevant evidence and exclude irrelevant, immaterial
or unduly repetitious evidence;
(6) Rule on
procedural requests at the request of a party or intervenor or on the presiding
officer’s own motion;
(7) Question
anyone who testifies to the extent required to make a full and fair record;
(8) Arrange for
recording the hearing as specified in RSA 541-A:31, VII; and
(9) Take any
other action consistent with applicable statutes, rules
and case law necessary to conduct the hearing and complete the record in a fair
and timely manner.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc 204.02 Withdrawal of Presiding Officer.
(a) Upon his or her own
initiative or upon the motion of any party or intervenor, the presiding officer
shall withdraw from any adjudicative proceeding for good cause.
(b) Good cause shall
exist if the presiding officer:
(1) Has a direct interest in the outcome of the
matter, including but not limited to, a financial or family relationship with
any party or intervenor;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of the case.
(c) Mere knowledge
of the issues or acquaintance with any party, intervenor or witness shall not
constitute good cause for withdrawal.
Source. #8170,
eff 9-21-04
Alc 204.03 Waiver or Suspension of Rules by Presiding
Officer. The presiding officer, upon
the motion of any party or intervenor, or on his or her own initiative, shall
suspend or waive any requirement or limitation imposed by this chapter when the
suspension or waiver:
(a) Appears to be
lawful; and
(b) Is more likely
to promote the just, accurate and efficient resolution of the pending dispute
than would adherence to the particular requirement or
procedure.
Source. #8170,
eff 9-21-04
Alc 204.04 Appearances.
(a) An appearance
shall be filed by:
(1) Each party or the party's representative, if
any; and
(2) Each intervenor or the intervenor's
representative, if any.
(b) Appearances
shall be filed:
(1) In the case of a hearing not related to the
board's emergency suspension of a license, within 15 days of receipt of the
notice required by Alc 208.01(a); and
(2) In the case of a hearing related to the board's
emergency suspension of a license, within 5 days of receipt of such notice.
(c) The appearance
shall contain the following information:
(1) The docket number assigned by the board or a
brief identification of the case;
(2) The daytime address and telephone number of
the person filing the appearance; and
(3) If applicable, the daytime address and
telephone number of the party or intervenor represented by the person filing
the appearance.
Source. #9420,
eff 3-14-09
PART Alc
205 TIME PERIODS
Alc 205.01 Computation of Time.
(a) Unless otherwise
specified, the unit of time for time periods referenced in this chapter shall
be calendar days.
(b) Computation of
any period of time referred to in this chapter shall begin with the day after
the action which sets the time period in motion, and
shall include the last day of the period so computed.
(c) If the last day
of the period so computed falls on a Saturday, Sunday
or a legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #8170,
eff 9-21-04
PART Alc
206 FILING, FORMAT AND DELIVERY OF
DOCUMENTS
Alc 206.01 Date of Issuance or Filing.
(a) All written documents
governed by this chapter shall be rebuttably presumed to have been issued on
the date noted on the document.
(b) All written documents
governed by this chapter shall be rebuttably presumed to have been filed with
the board on the date of receipt, as evidenced by a date stamp placed on the
document by the board or its staff in the normal course of business.
Source. # 8170,
eff 9-21-04
Alc 206.02 Format of Documents.
(a) All
correspondence, pleadings, motions or other documents
filed shall:
(1) Include the title and docket number of the
case, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the proponent of the document, or,
if the proponent appears by a representative, by the representative; and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties and intervenors in compliance
with Alc 206.03.
(b) The signature of
a party or intervenor or the representative of the party or the intervenor on a
document filed with the board shall constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds
to support it; and
(4) The document has not been filed for purposes
of delay.
Source. # 8170,
eff 9-21-04
Alc 206.03 Delivery of Documents.
(a) Copies of all
motions, exhibits, memoranda, or other documents filed by any party or intervenor
shall be delivered by that party or intervenor to the board and to all other
parties and intervenors.
(b) All notices,
orders, decisions or other documents issued by the
presiding officer or the board shall be delivered to all parties and
intervenors.
(c) Delivery of
documents relating to a proceeding but not issued by the presiding officer or
the board shall be made either in hand or by depositing into the United States
mail a copy of the document in an envelope bearing:
(1) The name of the person intended to receive
the document;
(2) The full address, including zip code, last
provided to the board by such person; and
(3) Prepaid first class postage.
(d) Delivery of documents
relating to a proceeding and issued by the presiding officer or the board shall
be by mailing them in accordance with (c) above and also
by mailing them using certified mail with return receipt requested.
(e) When a party or
intervenor appears by a representative, delivery of a document to the party’s
or intervenor’s representative either in hand or at the address stated on the
appearance filed by the representative shall constitute delivery to the party
or intervenor.
Source. #8170,
eff 9-21-04
PART Alc
207 MOTIONS AND OBJECTIONS
Alc 207.01 Motions; Objections to Motions; Ruling on
Motions.
(a) Motions shall be
in written form and filed with the presiding officer, unless made in response
to a matter asserted for the first time at a hearing or based on information
that was not received in time to prepare a written motion.
(b) Oral motions and
any oral objections to such motions shall be recorded in full in the record of
the hearing. If the presiding officer
finds that the motion requires additional information in
order to be fully and fairly considered, the presiding officer shall
direct the proponent to submit the motion in writing and provide supporting
information.
(c) Except as
otherwise provided in this chapter, objections to written motions shall be
filed within 10 calendar days of the date of the motion.
(d) Failure by an
opposing party or an intervenor to object to a motion shall not in and of
itself constitute grounds for granting the motion.
(e) When necessary
to obtain information or clarify an issue relating to the proceedings, the
presiding officer shall hold a hearing on the motion.
(f) The presiding
officer shall rule upon a motion after full consideration of all objections and
applicable law.
Source. # 8170,
eff 9-21-04
PART Alc
208 COMMENCEMENT OF ADJUDICATIVE
PROCEEDINGS; APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING
Alc 208.01 Commencement
of Adjudicative Proceedings.
(a) An adjudicative proceeding shall be commenced
by:
(1) The board's
issuance of the notice described in (b) below:
a. To all parties
and to the individual, if any, whose written complaint to the board about
misconduct initiated the proceeding;
b. By certified
mail, return receipt requested; and
c. At least 15
days before the hearing; and
(2) In the case
of a proceeding relating to the board’s emergency suspension of a license or
certificate, the board's issuance of the notice specified in (b) below together
with the order issued pursuant to Alc 208.02 (a).
(b) The notice of hearing shall contain:
(1) The names
and addresses of the parties;
(2) A statement
of the nature of the hearing;
(3) The time
and place of the hearing and of any pre-hearing conference;
(4) A statement
of the legal authority under which the hearing is to be held;
(5) A reference
to the applicable statutes and rules;
(6) A short and
plain statement of the issues presented;
(7) A statement
that each party has the right to have representation by an attorney at the
party’s own expense;
(8) The name of
the presiding officer, if known;
(9) In the case
of a disciplinary hearing, a statement indicating whether the proceeding has
been initiated by a written complaint about misconduct, on the board's own
initiative or both;
(10) In the
case of a disciplinary hearing initiated by a written complaint about
misconduct, a statement that the complainant has the right to petition to
intervene in the proceeding;
(11) In the case
of a hearing not related to the board’s emergency suspension of a license or
certificate, the statement that:
a. The licensee
or certificate holder has the right to have the board provide a certified
shorthand court reporter at the expense of the licensee or certificate holder;
and
b. The request
for a certified shorthand court reporter shall be submitted in writing at least
10 days before the beginning of the hearing; and
(12) In the
case of a hearing related to the board’s emergency suspension of a license or
certificate pursuant to Alc 208.02, the statement
that the board shall provide a certified shorthand court reporter at the
board’s expense.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc 208.02 Procedure
for Emergency Suspension of Licenses and Certificates. Pursuant to RSA 541-A:30, III, the board
shall use the following procedures when suspending licenses and certificates on
an emergency basis:
(a) Upon a finding that public health, safety or welfare requires emergency action, the board shall
immediately and prior to a hearing suspend a license or certificate by issuing
a written order of suspension incorporating the finding;
(b) The board shall commence a hearing no later
than 10 working days after the issuance of an order pursuant to (a) above;
(c) Unless the 10-day deadline in (b) above is expressly
waived by the licensee, the failure of the board to meet the deadline shall
result in the automatic vacating of the order of suspension;
(d) After the vacating of the order pursuant to
(c) above, the board shall not again suspend the license or certificate on the basis of the same conduct which formed the basis for
the vacated order without giving the licensee or certificate holder prior
notice and the opportunity for a hearing; and
(e) The recording of a hearing on the emergency
suspension of a license or certificate shall be made by a certified shorthand
court reporter provided and paid for by the board.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc 208.03 Appearances.
(a) An appearance
shall be filed by:
(1) Each party or the party’s representative, if
any; and
(2) Each intervenor or the intervenor’s
representative, if any.
(b) The appearance
shall contain the following information:
(1) The docket number assigned by the board or a
brief identification of the case;
(2) The daytime address and telephone number of
the person filing the appearance; and
(3) If applicable, the daytime address and
telephone number of the party or intervenor represented by the person filing
the appearance.
Source. #8170,
eff 9-21-04
Alc 208.04 Pre-hearing Conference.
(a) A pre-hearing
conference shall be scheduled on the request of any party or intervenor or on
the initiative of the board or the presiding officer if to do so would
facilitate the proceedings or encourage resolution of the dispute.
(b) A pre-hearing
conference shall address one or more of the following:
(1) Offers of settlement;
(2) Simplification of the issues;
(3) Stipulations or admissions as to issues of
fact or proof;
(4) Limitations on the number of witnesses;
(5) Changes to standard hearing procedures;
(6) Consolidation of examination of witnesses;
and
(7) Any other matters that advance the efficiency
of the proceedings.
Source.
#8170, eff 9-21-04
Alc 208.05 Recording
the Hearing.
(a) Except in the circumstances described in (b)
below, the presiding officer shall record the hearing by electronic recording
or any other method that will provide a verbatim record.
(b) A hearing on the immediate suspension of a
license or certificate pursuant to RSA 541-A:30, III shall be recorded by a
certified shorthand court reporter provided by the board.
(c) If any person requests a transcript of the
electronic recording of a hearing, the board shall:
(1) Cause a transcript
to be prepared; and
(2) Upon
receipt of payment for the cost of the transcription, provide a copy of the
transcript to the person making the request.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
PART Alc
209 INTERVENTION; ROLES OF COMPLAINANTS
AND BOARD STAFF
Alc 209.01 Intervention Procedure.
(a) Petitions for intervention
in a hearing shall:
(1) Describe the petitioner’s interest in the
subject matter of the proceedings; and
(2) Be submitted in writing to the presiding
officer.
(b) A copy of a petition
submitted pursuant to (a) above shall be mailed to the board and to all persons
identified in the notice commencing the adjudicative proceeding.
(c) A petition for
intervention shall be granted by the presiding officer if:
(1) The petitioner complied with (a) and (b)
above at least 3 days before the hearing and the presiding officer determines
that:
a. The petition states facts demonstrating that
the petitioner’s rights, duties, privileges, immunities or other substantial
interests might be affected by the proceedings or the petitioner qualifies as
an intervenor under law; and
b. The intervention sought would not impair the
interests of justice and the orderly and prompt conduct of the proceedings; or
(2) The petitioner complied with (a) and (b)
above at any time and the presiding officer determines that the intervention
sought would be in the interests of justice and would not impair the orderly
and prompt conduct of the proceedings.
Source. #8170,
eff 9-21-04
Alc 209.02 Effect of Intervention and Rights of an
Intervenor.
(a) Approval of
intervention by the presiding officer shall apply only to the proceeding in
which the petition for intervention was granted.
(b) Notwithstanding
the provisions of this chapter, an intervenor’s right to participate in an
adjudicative proceeding shall be subject to any limitations or conditions
imposed by the presiding officer pursuant to RSA 541-A:32, III.
(c) An intervenor
shall take the proceedings as he or she finds them and no portion of the
proceeding shall be repeated because of the fact of intervention.
Source. # 8170,
eff 9-21-04
Alc 209.03 Role of Complainants in Disciplinary
Hearings. A complainant complying
with Alc 203.01 shall have no role in the
disciplinary hearing of the licensee complained against other than that of
witness unless the complainant petitions for, and is granted, the right to
intervene.
Source. #8170,
eff 9-21-04
Alc 209.04 Role of Board Staff in Hearings. Unless called as witnesses, board staff shall
have no role in hearings.
Source. #8170,
eff 9-21-04
PART Alc
210 CONTINUANCES AND FAILURE TO ATTEND
HEARING
Alc 210.01 Continuances.
(a) Any party or
intervenor may make an oral or written motion that a hearing be delayed or
continued to a later date or time.
(b) A motion for a
delay or a continuance shall be granted if the presiding officer determines
that a delay or continuance would assist in resolving the case fairly.
(c) If the later
date, time and place are known when the hearing is being delayed or continued,
the information shall be stated on the record.
If the later date, time and place are not known at that time, the
presiding officer shall as soon as practicable issue a written scheduling order
stating the date, time and place of the delayed or continued hearing.
Source. #8170,
eff 9-21-04
Alc 210.02 Failure of a Party to Attend or
Participate in the Hearing.
(a) A party shall be
in default if the party:
(1) Has the overall burden of proof;
(2) Has been given notice in accordance with Alc 208.01; and
(3) Fails to attend the hearing.
(b) If a party is in
default under (a) above, the case shall be dismissed.
(c) If a party who does
not have the overall burden of proof fails to attend a hearing after having
been given notice in accordance with Alc 208.01, the
testimony and evidence of any other parties or intervenors shall be received
and evaluated.
(d) If a party who
has the overall burden of proof attends a hearing but fails to participate by
presenting evidence or argument, a decision shall be entered against that
party.
(e) The board shall
not dismiss the case under (b) above if the failure to attend results from
circumstances that are beyond the control of the party.
Source. #8170,
eff 9-21-04
PART Alc
211 REQUESTS FOR INFORMATION AND
DOCUMENTS
Alc 211.01 Voluntary Production of Information.
(a) Each party and
intervenor shall attempt in good faith to make complete and timely response to
requests for the voluntary production of information and documents relevant to
the hearing.
(b) When a dispute
arises concerning a request for the voluntary production of information or
documents, any party or intervenor may file a motion under Alc
211.02 to compel the production of the requested information or documents.
Source. #8170,
eff 9-21-04
Alc 211.02 Motions to Compel Production of
Information and Documents.
(a) Any party or
intervenor may make a motion seeking an order for compliance with an
information or document request. The
motion shall be filed at least 30 days before the date scheduled for the
hearing, or as soon as possible after receiving the notice of the hearing if
such notice is issued less than 30 days in advance of the hearing.
(b) The motion to
compel shall:
(1) Set forth in detail those facts which justify
the request for information or documents; and
(2) List with specificity the information or
documents being sought.
(c) The party or
intervenor challenging the information or document request may object to the
motion to compel.
(d) The presiding
officer shall grant the motion to compel if its proponent has demonstrated that
an order for compliance is necessary for a full and fair presentation of
evidence at the hearing.
Source. #8170,
eff 9-21-04
Alc 211.03 Mandatory Pre-Hearing Disclosure of
Witnesses and Exhibits. At least 5 days
before the hearing, the parties and intervenors shall provide to the other
parties and intervenors:
(a) A list of all
witnesses to be called at the hearing containing the names of the witnesses,
their addresses and their telephone numbers;
(b) Brief summaries
of the testimony of the witnesses to be called;
(c) A list of
documents and exhibits to be offered as evidence at the hearing;
(d) A copy of each
document to be offered as evidence at the hearing; and
(e) An offer to
allow the inspection of non-documentary exhibits to be offered as evidence at
the hearing at times and places of convenience to the parties and intervernors.
Source. #8170,
eff 9-21-04
PART Alc
212 HEARING PROCEDURE
Alc 212.01 Standard and Burden of Proof. The party or intervenor asserting a
proposition shall bear the burden of proving the truth of the proposition by a
preponderance of the evidence.
Source.
#8170, eff 9-21-04
Alc 212.02 Order of Testimony; Cross-Examination.
(a) Any individual
offering testimony, evidence or arguments shall state for the record his or her
name and role in the hearing. If the
individual is representing another person, the person being represented shall
also be identified.
(b) Testimony on
behalf of the parties shall be offered in the following order:
(1) The testimony of the party or parties bearing
the overall burden of proof and such witnesses as such party or parties may
call; and
(2) Thereafter, the testimony of the party or parties
opposing the party who bears the overall burden of proof and such witnesses as
such party or parties may call.
(c) The testimony of
intervenors and such witnesses as such intervenors may be allowed to call shall
be offered at the time directed by the presiding officer.
(d) Each party may
cross-examine any witnesses offered against that party.
(e) The presiding officer
shall call witnesses not called by the parties if their testimony is required
for a full and fair adjudication of the issues.
(f) The right of an
intervenor to cross-examine witnesses shall be determined by the presiding
officer.
Source.
#8170, eff 9-21-04
Alc 212.03 Evidence.
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A:33.
(b) All rules of privilege recognized under the
laws of the state of New Hampshire shall apply in proceedings before the board.
(c) All documents, materials and objects offered
as exhibits shall be admitted into evidence unless excluded by the presiding
officer as irrelevant, immaterial, unduly repetitious or legally privileged.
(d) All objections to the admissibility of
evidence shall be stated as early as possible in the hearing, but not later
than the time when the evidence is offered.
(e) The
presiding officer shall exclude from evidence testimony and documents about the
medical history or status of any individual who is not the subject of the
hearing, and all other testimony and documents about matters protected as
confidential by RSA 91-A:5, IV, unless the presiding officer determines that:
(1) Their
receipt into evidence is necessary for the determination of the issues;
(2) Their confidentiality
can be protected by one or more of the following methods:
a. With respect
to a document:
1. Ordering redaction of personally identifying
information in the document;
2. Obtaining from the individual described in
the document a waiver of objection to its admission into evidence; and
3. If the hearing is attended solely by hearing
participants, admitting the document into evidence and ordering the hearing
participants to sign non-re-disclosure agreements with respect to the
confidential information contained in it; and
b. With respect
to testimony:
1. Before
receiving the testimony, ordering that those intending to testify not include
personally identifying information;
2. Before receiving the testimony, obtaining
from the individual whose confidential information will be testified about a
waiver of objection to the testimony; and
3. Closing part
of the hearing to everyone except the person testifying, the individual who is
the subject of the hearing and anyone who has entered an appearance for that
individual, and ordering the participants in the closed part of the hearing to
sign non-re-disclosure agreements with respect to the confidential information;
and
(3) Due process
of law will not be denied to any party by the exclusion of the testimony and
documents or by their protection as set forth in (2) above.
(f) Transcripts of testimony as well as documents,
materials and objects admitted into evidence shall be public records unless the
presiding officer determines that all or part of them is exempt from disclosure
under RSA 91-A:5, IV, or applicable case law.
Source.
#8170, eff 9-21-04; ss by #9418, eff 3-14-09
Alc 212.04 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party or intervenor may submit proposed
findings of fact and conclusions of law.
(b) The presiding officer shall require the
submission of proposed findings of fact and rulings of law and specify a
deadline after the close of the hearing for their submission when:
(1) Any party or
intervenor has requested such action;
(2) The
presiding officer is required by Alc 212.07(d)(3) to
submit findings of fact and rulings of law to the board; or
(3) The
presiding officer determines that proposed findings of fact and rulings of law
would clarify the issues presented at the hearing.
Source.
#8170, eff 9-21-04; ss by #9418, eff 3-14-09
Alc 212.05 Closing the Record. After the conclusion of the hearing and the
filing of such post-hearing submissions as may be ordered by the presiding
officer, the record shall be closed and no additional evidence shall be
received into the record except as allowed by Alc
212.06.
Source.
#8170, eff 9-21-04
Alc 212.06 Reopening the Record.
(a) If no written
proposal for decision pursuant to Alc 212.07 (d) or decision
pursuant to Alc 212.07 (a) has been issued, any party
or intervenor may move to reopen the record for the inclusion in the record of
specified evidence or claims of law.
(b) A motion
pursuant to (a) above shall be granted if there no objection from any other
party or intervenor and:
(1) The evidence sought to be included in the
record was not available at the time of the hearing or the claim of law was
inadvertently omitted; and
(2) The presiding officer determines that the
evidence or claim of law is relevant, material and non-duplicative and its
inclusion in the record is necessary to a full and fair consideration of the
issues to be decided.
(c) If there is an
objection from a party or intervenor to a motion made pursuant to (a) above,
the hearing shall be reopened for the purpose of receiving evidence, permitting
cross-examination and permitting argument on the issue of reopening the record.
(d) The presiding
officer shall grant a motion made pursuant to (a) above if, after the reopened
hearing described in (c) above, the presiding officer determines that the
evidence sought to be included in the record was not available at the time of
the hearing or the claim of law was inadvertently omitted and the evidence or
claim of law is relevant, material and non-duplicative and its inclusion in the
record is necessary to a full and fair consideration of the issues to be
decided.
(e) If the presiding
officer permits the reopening of the record for the admission of specified
evidence or claim of law, the presiding officer shall extend the hearing
reopened pursuant to (c) for the purpose of receiving evidence, permitting
cross-examination and permitting argument on the substance of the evidence or
on the claim of law.
Source.
#8170, eff 9-21-04
Alc 212.07 Disposition.
(a) The board shall issue a decision or order, whether
or not the record has been reopened pursuant to Alc
212.06, based on:
(1) A hearing
attended by a quorum of the board;
(2) A written
proposal for disposition meeting the requirements of (c) below; or
(3) A hearing
held pursuant to (e)(2) below.
(b) The board’s order or decision:
(1) Shall:
a. Be in
writing and dated; and
b. Include
findings of fact and rulings of law; and
(2) Shall not include
references to information exempt from disclosure under RSA 91-A:5, IV.
(c) A board member shall not participate in the board’s
disposition if he or she has not personally heard all of the testimony in the
case, unless the disposition does not depend on the credibility of any witness
and the record provides a reasonable basis for evaluating the testimony.
(d) If a presiding officer has
been delegated the authority to conduct the hearing in the absence of a quorum
of the board, the presiding officer shall submit to the board a written
proposal for disposition containing:
(1) The
disposition proposed by the presiding officer;
(2) A statement
of the reasons for the proposed disposition; and
(3) Findings of
fact and rulings of law necessary to the proposed disposition.
(e) If a proposed disposition submitted pursuant
to (d) above is adverse to a party or an intervenor, the board shall:
(1) Serve a
copy of it on each party and intervenor; and
(2) Provide an
opportunity to file objections and present briefs and oral arguments to the
board.
(f) The board shall keep a final decision in its
records for at least 5 years following its date of issuance, unless the
director of the division of archives and records management of the department
of state sets a different retention period.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc 212.08 Rehearing.
(a) Within 30 calendar
days of a decision or order any party or person directly affected may request
rehearing of any matter determined in the proceeding or covered by the decision
or order by submitting a written motion specifying:
(1) The issues to be considered at the rehearing;
and
(2) Every ground on which it is claimed that the
decision or order is unlawful or unreasonable.
(b) The board shall
mail a copy of the motion for rehearing to all parties and intervenors.
(c) An objection to
a motion for rehearing shall be submitted within 20 calendar days of the
date of submission of the motion.
(d) Within 10
calendar days of submission of the motion for rehearing, the board, if it has
received either an objection or a notice of no objection, shall employ the
standards in (g) below to grant or deny the motion for rehearing.
(e) Within 10
calendar days of submission of the motion for rehearing, if it has not
received an objection or notice of no objection, the board shall, pending the
denial of the motion for rehearing or the completion of the rehearing, suspend
the decision or order complained of.
(f) When the time specified
in (c) above for submitting an objection has expired, the board shall employ
the standards in (g) below to either grant or deny the motion for rehearing.
(g) The board shall grant
the motion for rehearing if it determines that, in the original hearing, it:
(1) Incorrectly assessed the relevant evidence;
(2) Incorrectly applied the relevant law; or
(3) Failed substantially to comply with this
chapter.
Source. #8170,
eff 9-21-04
Alc 213.01 Settlement
of Some or All Issues in a Dispute.
(a) Any licensee or certificate holder who has a
disciplinary or other dispute with the board shall have the opportunity at any
time to reach an agreement to settle some or all of the issues if there are no
material facts in dispute.
(b) To be effective, an agreement to settle shall
be:
(1) In writing;
(2) Signed by
the licensee or certificate holder; and
(3) After the
signing by the licensee or certificate holder, finalized as an order issued by
the board.
(c) The signing by the licensee or certificate
holder of an agreement to settle shall constitute a waiver of the licensee's or
certificate holder's right to a hearing of the issues resolved by the
agreement.
Source. #8171, eff 9-21-04; ss by #9419, eff 3-14-09,
EXPIRED: 3-14-17
New. #13501, eff 12-9-22
PART Alc
214 RULEMAKING
Alc 214.01 Petitions for Rulemaking.
(a) Any person may seek
the adoption, amendment or repeal of a rule by submitting to the board a
petition pursuant to RSA 541-A:4.
(b) Each petition
for rulemaking shall contain:
(1) The name and address of the individual petitioner
or, if the request is that of an organization or other entity, the identity of
such organization or entity and the name and address of the representative
authorized by the entity to file the petition;
(2) A statement of the purpose of the petition,
whether the adoption, amendment or repeal of a rule;
(3) If amendment or adoption of a rule is sought,
the text proposed;
(4) If amendment or repeal of a rule is sought,
identification of the current rule sought to be amended or repealed;
(5) Reference to the statutory provision that
authorizes or supports the rulemaking petition; and
(6) Information or argument useful to the board
when deciding whether to begin the rulemaking process.
Source. #8170,
eff 9-21-04
Alc 214.02 Disposition of Petitions for Rulemaking.
(a) The board shall request
additional information or argument from the petitioner for rulemaking or from
others if such additional information or argument is required to reach a
decision.
(b) The board shall
grant the petition for rulemaking if the adoption, amendment or repeal sought
would not result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules one
with another; or
(5) Excessive burden upon the board in terms of
cost or a reduction in efficiency or effectiveness.
(c) Within 30 days
of receipt of a sufficient petition the board shall dispose of it in the
following manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that the
petition is denied and the reasons for its denial.
(d) The denial of a
petition for rulemaking shall not entitle the petitioner to a hearing.
Source. #8170,
eff 9-21-04
PART Alc
215 PUBLIC COMMENT HEARINGS
Alc 215.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #8170,
eff 9-21-04
Alc 215.02 Public Access and Participation.
(a) Public comment
hearings shall be open to the public, and members of the public shall be
entitled to testify, subject to the limitations of Alc
215.03.
(b) People who wish to
testify shall be asked to write on the speaker’s list:
(1) Their full names and addresses; and
(2) The names and addresses of organizations,
entities or other persons whom they represent, if any.
(c) Written
comments, which may be submitted in lieu of or in addition to oral testimony,
shall be accepted for 10 days after the adjournment of a hearing or after the
adjournment of a postponed or continued hearing.
Source. #8170,
eff 9-21-04
Alc 215.03 Limitations on Public Participation. The board’s chair or other person designated
by the board to preside over a hearing shall:
(a) Refuse to recognize
for speaking or revoke the recognition of any person who:
(1) Speaks or acts in an abusive or disruptive
manner;
(2) Fails to keep comments relevant to the
proposed rules that are the subject matter of the hearing; or
(3) Restates more than once what he or she has
already stated; and
(b) Limit
presentations on behalf of the same organization or entity to no more than 3,
provided that all those representing such organization or entity may enter
their names and addresses into the record as supporting the position of the
organization or entity.
Source. #8170,
eff 9-21-04
Alc 215.04 Media Access. Public comment hearings shall be open to
print and electronic media, subject to the following limitations when such
limitations are necessary to allow a hearing to go forward:
(a) Limitation of
the number of media representatives when their number together with the number
of members of the public present exceeds the capacity of the hearing room;
(b) Limitation on
the placement of cameras to specific locations within the hearing room; and
(c) Prohibition of
interviews conducted within the hearing room before or during the hearing.
Source. #8170,
eff 9-21-04
Alc 215.05 Conduct
of Rulemaking Public Comment Hearings.
(a) Rulemaking public comment hearings shall be
attended by a quorum of the board.
(b) Rulemaking public comment hearings shall be
presided over by the board chair or a board member knowledgeable in the subject
area of the proposed rules who has been designated by the board to preside over
the hearing.
(c) The chair or other person presiding over a
hearing shall:
(1) Call the
hearing to order;
(2) Identify
the proposed rules that are the subject matter of the hearing and provide
copies of them upon request;
(3) Cause a
recording of the hearing to be made;
(4) Recognize those
who wish to be heard;
(5) If
necessary, establish limits pursuant to Alc 215.03
and Alc 215.04;
(6) If
necessary to permit the hearing to go forward in an orderly manner, effect the
removal of a person who speaks or acts in a manner that is personally abusive
or otherwise disrupts the hearing;
(7) If
necessary, postpone or move the hearing; and
(8) Adjourn or
continue the hearing.
(d) A hearing shall be postponed in accordance
with RSA 541-A:11, IV when:
(1) The weather
is so inclement that it is reasonable to conclude that people wishing to attend
the hearing will be unable to do so;
(2) The board
chair or other person designated by the board to preside over the hearing is
ill or unavoidably absent; or
(3)
Postponement will facilitate greater participation by the public.
(e) A hearing shall be moved to another location
in accordance with RSA 541-A:11, V when the original location is not able to
accommodate the number of people who wish to attend the hearing.
(f) A hearing shall be continued past the
scheduled time or to another date in accordance with RSA 541-A:11, III when:
(1) The time
available is not sufficient to give each person who wishes to speak a
reasonable opportunity to do so; or
(2) The
capacity of the room in which the hearing is to be held does not accommodate
the number of people who wish to attend and it is not possible to move the
hearing to another location.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
PART Alc
216 DECLARATORY RULINGS
Alc 216.01 Requests for Declaratory Rulings.
(a) Any person directly affected by RSA 330-C or by any rule of the board may
request a declaratory ruling concerning the applicability of a provision of RSA
330-C or a rule of the board to a specific set of circumstances.
(b) The request shall:
(1) Be addressed
to the board and signed by the person making the request;
(2) Describe the specific set of circumstances to
which the law inquired about might be applicable;
(3) Quote the
law inquired about; and
(4) Explain why
its applicability is unclear to the described specific set of circumstances.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc 216.02 Issuance
of Declaratory Rulings.
(a) The board
shall respond within 120 days to a request for a declaratory ruling in a letter
signed by a board member stating:
(1) That the law
inquired about applies to the specific set of circumstances described and how
it applies;
(2) That the
law inquired about does not apply to the specific set of circumstances
described and why it does not; or
(3) That the
board does not have jurisdiction over the law inquired about.
(b) A declaratory ruling shall have no value as a
precedent in any case heard by the board, including any case involving the
person requesting the declaratory ruling or involving circumstances like those
described in the request.
(c) A declaratory ruling shall be filed on the
day of issuance with the director of legislative services in accordance with
RSA 541-A:16, II(b).
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
(from Alc 216.04)
PART Alc
217 EXPLANATION OF ADOPTED RULES
Alc
217.01 Requests for Explanation of
Adopted Rules. Any interested person
may, within 30 days of the final adoption of a rule, request a written
explanation of that rule by making a written request to the board including:
(a)
The name and address of the person making the request; or
(b)
If the request is that of an organization or other entity, the name and
address of such organization or entity and the name and address of the
representative authorized by the organization or entity to make the request.
Source. #8171, eff 9-21-04, EXPIRED: 9-21-12,
EXPIRED: 9-21-12
New. #13501, eff 12-9-22
Alc
217.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Alc 217.01, provide a
written response which:
(a)
Concisely states the meaning of the rule adopted;
(b)
Concisely states the principal reasons for and against the adoption of
the rule in its final form; and
(c)
States, if the board did so, why the board overruled any arguments and
considerations presented against the rule.
Source. #8171, eff 9-21-04, EXPIRED: 9-21-12,
EXPIRED: 9-21-12
New. #13501, eff 12-9-22
CHAPTER Alc 300 INITIAL CERTIFICATIONS AND LICENSES
PART Alc
301 DEFINITIONS
Alc 301.01 Definitions.
(a) “Board” means the
board of licensing for alcohol and other drug use professionals established
pursuant to RSA 330-C:3.
(b) “Certified
recovery support worker (CRSW)” means “certified recovery support worker” as
defined in RSA 330-C:2, IV.
(c) “Clinical
supervision” means “clinical supervision” as defined in RSA 330-C:2, VI.
(d) “Commission on
Institutions of Higher Education of the New England Association of Schools and
Colleges” means the regional accreditation agency for colleges and universities
in the 6 New England states, consisting of faculty and administrators from
affiliated institutions and public members.
(e) “Council for
Higher Education Accreditation” means that umbrella organization for more than
81 academic accrediting organizations, including the Commission on Institutions
of Higher Education of the New England Association of Schools and Colleges.
(f) “Four domains” means the four performance
domains identified in the IC&RC peer recovery examination:
(1) Advocacy;
(2) Ethical responsibility;
(3) Mentoring and education; and
(4) Recovery and wellness support.
(g)
“International Certification and Reciprocity Consortium (IC&RC)”
means a non-profit membership organization of certifying and licensing agencies
which sets standards of practice in addiction counseling, addiction prevention,
and clinical supervision of counselors and other recovery professionals through
testing and credentialing of addiction professionals located at 298 South
Progress Ave, Harrisburg, PA 17109; Phone: +1-717-540-4457, and www.
internationalcredentialing.org.
(h) “Licensed
alcohol and drug counselor (LADC)” means “licensed alcohol and drug counselor”
as defined in RSA 330-C:2, XIII.
(i) “Licensed clinical supervisor (LCS)” means
“licensed clinical supervisor” as defined in RSA 330-C:2, XIV.
(j) “Master licensed
alcohol and drug counselor (MLADC)” means “master licensed alcohol and drug
counselor” as defined in RSA 330-C:2, XV.
(k) “New Hampshire
Alcohol and Drug Abuse Counselors Association (NHADACA)” means the New
Hampshire membership organization of addiction counselors, educators and other
addiction-focused health care professionals located at 130 Pembroke Rd #100,
Concord, NH 03301 with a phone number of (603) 225-7060; website
www.nhadaca.org.
(l) "NAADAC:
The Association for Addiction Professionals (NAADAC)" means a nationwide
membership organization of addiction counselors, educators and other
addiction-focused health care professionals in the United States located at
1001 N. Fairfax St. Suite 201, Alexandria, VA 22314; Phone 703.741.7686 or
800.548.0497; Fax 703.741.7698 or 800.377.1136; E-mail naadac@naadac.org.
(m) “New England Institute of Addiction Studies” means a
non-profit organization providing education for professionals, volunteers and
the public about issues of alcohol and drug prevention and treatment located at
P.O. Box 742, Augusta, Maine 04432 and www.neias.org.
(n) “New Hampshire
Center for Excellence” means a non-profit agency funded in part by the New
Hampshire Department of Health and Human Services that provides training and
technical assistance to providers and others relative to alcohol and other drug
services located at Community Health Institute, 501 South Street, 2nd Floor,
Bow, NH 03304; Phone: 603.573.3311 and www.nhcenterforexcellence.org.
(o) “NHTI –
Concord’s Community College (NHTI)” means a college of the New Hampshire community
college system located at 31 College Drive, Concord, NH 03301.
(p) New Hampshire
Training Institute on Addictive Disorders” means the branch of NHADACA which
provides training to alcohol and drug use professionals.
(q) “Practice of
substance use counseling" means “practice of substance abuse counseling”
as defined in RSA 330-C:2, XVIII.
(r) “Substance use
disorder” means “substance use disorder” as defined in RSA 330-C:2, XIX.
(s) “Twelve core
functions” means “core functions and practice dimensions of addiction
counseling” as defined in RSA 330-C:2, XI.
(t) “Work
experience” means “work experience” as defined in RSA 330-C:2, XXI.
Source. #12001, eff
10-13-16
PART Alc
302 REQUIREMENTS FOR ALL APPLICANTS
Alc 302.01 Eligibility.
(a) All applicants
for licensure and certification shall:
(1) Be a person of at least 18 years of age;
(2) Have the ability to read and write in the
English language;
(3) Have committed none of the following acts;
a. Fraud or deceit in procuring or attempting to
procure a license, certification, or other authorization to practice substance
use counseling or treatment in this or another state or territory of the United
States;
b. Sexual relations with, solicitation of sexual
relations with, or sexual abuse of, a client or past client;
c. Failure to remain free from the use of a
controlled substance or alcohol to the extent that use impairs the ability to
conduct with safety to the public the practices authorized by RSA 330-C;
d. Conviction of a felony;
e. An act or omission causing another state or territory
of the United States to revoke or suspend a license, certification, or other
authorization to practice substance use counseling or treatment or to
discipline the person authorized to practice by placing him or her on
probation;
f. Failure to maintain confidentiality as
described in RSA 330-C:26; and
g. False or misleading advertising.
(4) Have no mental disability that currently
affects the applicant’s professional judgment or ability to offer the services
described in RSA 330-C.
(b) An applicant
shall not be disqualified for certification or licensure for an act described
in Alc 302.01(a)(3) if the board finds that the
applicant has made sufficient restitution or has been rehabilitated in
accordance with the following criteria:
(1) The facts of the act or omission have been
determined in an investigation conducted pursuant to RSA 330-C:28, I;
(2) The applicant is in compliance with
disciplinary action taken by the board or by a regulatory or licensing body of
another state or territory of the United States;
(3) The applicant is in compliance with orders
entered by a court of competent jurisdiction in this state, another state, or
the United States, including any applicable conditions of probation or parole;
(4) The behavior involved in the act or omission
does not prevent the applicant from safely providing to the public the services
for which certification or licensure is sought;
(5) If the act or omission is the result of the
applicant’s abuse of substances, that such behavior has been treated and is
presently controlled; and
(6) The board issues the license or certification
on a probationary status, and imposes any or all of the controls authorized by
RSA 330-C:27, IV(e).
(c) An applicant
shall not be disqualified for certification or licensure based upon a mental
disability if the board finds that the following criteria have been met:
(1) The extent and potential effects of the
mental disability upon the public shall be determined in an investigation
conducted pursuant to RSA 330-C:28, I;
(2) The applicant’s disability is controlled to
the extent it does not present a current impairment of the ability to conduct
with safety to the public the practices authorized by RSA 330-C and for which
licensure or certification is sought; and
(3) The board issues the license or certification
on a probationary status, and imposes any or all of the controls authorized by
RSA 330-C:27, IV(e).
Source. #12001, eff
10-13-16
PART Alc
303 INITIAL CERTIFICATION AS A RECOVERY
SUPPORT WORKER
Alc 303.01 Eligibility Requirements.
(a) An individual shall
be eligible for certification as a recovery support worker if the individual:
(1) Is at least 18 years of age;
(2) Reads and writes in the English language;
(3) Has a high school diploma or its equivalent;
(4) Has completed, within the 10 years
immediately preceding the completion of an application, at least 500 hours of
paid or volunteer work experience as further described in Alc
303.02;
(5) Has completed at least 46 hours of education
as further described in Alc 303.03;
(6) Has complied with the application procedures
as set forth in Alc 304;
(7) Has passed the examination specified by Alc 305.01; and
(8) Is of good moral character, as evidenced by:
a. Information provided on the application form
or in the additional materials reviewed by the
board regarding any criminal convictions, pending criminal charges, and
plea agreements;
b. Information provided on the application form or
in the additional materials reviewed by the board regarding any restitution
made for any acts or omissions described in RSA 330-C:27, III (b), (c), (d),
(e), (f), (g), (h), and (j);
c. Information provided on the application form
or in the additional materials reviewed by the board regarding any remedial
action taken with respect to mental disability;
d. Official letters of verification submitted in
accordance with Alc 304.04(e), if any; and
e. Letters from employers for whom the
individual volunteered or worked as further described in Alc
304.04(g).
(b) The board shall
waive an applicant’s felony conviction, if any, if:
(1) The applicant has corrected the deficiency which
led to the felonious act or omission; and
(2) The board has determined, after considering
complete information about the conviction, that it does not impair the
applicant’s ability to conduct with safety to the public the practices for
which the applicant seeks certification.
Source. #12001, eff
10-13-16
Alc 303.02 Paid or Volunteer Work Experience. The required paid or volunteer work
experience shall consist of at least 500 hours of such work experience that:
(a) Involves direct
services to clients;
(b) Includes at least
25 hours of experience that is performed under supervision of:
(1) A person licensed by the board; or
(2) A NH CRSW, so long as he or she is employed
in a clinical supervisory role per the organizational job description;
(c) Is performed in
one or more of the following private or public settings:
(1) A detoxification program;
(2) A substance use counseling program;
(3) A substance use treatment program; or
(4) If working in the substance use aspect of the
program or setting:
a. A mental health program;
b. A hospital program;
c. A program of a rehabilitation facility;
d. A half-way house or transitional living
program;
e. A criminal justice system diversion program;
f. A correctional facility rehabilitation
program;
g. A program of a non-governmental social
service agency, including tax-exempt non-profit organizations;
h. An employee assistance program;
i. A program of a private mental health or
substance use practice;
j. The office of a licensed physician; or
k. Any program operated, licensed or otherwise
approved by:
1. The federal government;
2. The government of any state; or
3. The government of a political subdivision of
any state; and
(d) Includes at
least 25 hours of experience in each of the 4 domains.
Source. #12001, eff
10-13-16
Alc 303.03 Education.
(a) The required education
shall consist of at least 46 hours covering the 4 domain areas, to include at
least:
(1) 16 hours of education in ethics as related to
substance use counseling;
(2) 6 hours of education in suicide prevention;
and
(3) 6 hours in HIV and AIDS education.
(b) The required
education shall be provided, sponsored or approved by:
(1) The board or the licensing body of any other
state within the IC&RC;
(2) NAADAC;
(3) New Hampshire Training Institute on Addictive
Disorders;
(4) New Hampshire Center for Excellence;
(5) New England Institute of Addition Studies;
(6) NHTI;
(7) NHADACA;
(8) Any educational unit of the New Hampshire
community college system; or
(9) Any other public or private agency or
institution that is recognized by the Council for Higher Education
Accreditation and that provides training related to any of the topics listed in
(a) above.
(c) At least 50% of
the required education described above shall be provided, sponsored or approved
by the board or the licensing body of any other state within the IC&RC.
(d) No more than 50%
of the required education described above shall be obtained by the applicant
through online courses.
Source. #12001, eff
10-13-16
Alc 303.04 Applicants for Initial Certification as a
CRSW from Other Jurisdictions.
(a) Applicants for
initial certification as a CRSW who are currently certified recovery support
workers in another jurisdiction within the IC&RC shall be certified by the
board upon completion of the application requirements in Alc
304.01 – 304.04.
(b) Applicants for
initial certification as a CRSW who are certified recovery support workers in a
jurisdiction outside the IC&RC shall be eligible for certification in New
Hampshire, provided that:
(1) to or more stringent than those outlined in
this chapter; and
(2) The applicant complies with the application
requirements described in Alc 304.01 – 304.04.
Source. #12001, eff
10-13-16
PART Alc
304 APPLICATION PROCEDURES AND BOARD PROCEDURES FOR INITIAL CERTIFICATION AS A
RECOVERY SUPPORT WORKER
Alc 304.01 Procedures for Applying for Initial
Certification as a Recovery Support Worker.
An applicant for certification as a recovery support worker shall mail
or otherwise arrange for the board’s office to receive:
(a) A completed,
signed, and dated application form provided by the board and further described
in Alc 304.02;
(b) The additional
materials described in Alc 304.04;
(c) Payment in cash
or a check or money order payable to “Treasurer, State of New Hampshire” in the
amount of the total of the certification fee of $110.00; and
(d) Payment in cash or
a check or money order payable to “State of NH – Criminal Records” in the
amount of the charge made by the division of state police for the issuance of
the applicant’s certified state and federal criminal history record reports.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16
Alc 304.02 Application Form. The applicant shall furnish the following
information on the application form provided by the board:
(a) On a page
available to the public as a public record:
(1) The applicant’s full name;
(2) Any names which are alternative names or
names used by the applicant;
(3) The applicant’s date of birth;
(4) The applicant’s current employer;
(5) The applicant’s business address and business
email and phone number;
(6) Using the “yes” and “no” spaces provided,
whether or not the applicant, if certified, permits the board to include the
applicant’s name and business address on the list of licensees and certificate
holders which the board offers for sale;
(7) Using the “yes” and “no” spaces provided,
whether or not the applicant:
a. Has any pending criminal charges;
b. Has made a plea agreement relative to any
criminal charge; and
c. Has any license or certification under
revocation, suspension, or probation in another state or territory of the
United States;
(8) A list of the private and public settings in
which the applicant completed the paid or volunteer work experience required by
Alc 303.02;
(9) A list of the sources of the education
required by Alc 303.03;
(10) Using the “yes” and “no” spaces provided,
whether or not the applicant:
a. Has engaged in work with individuals with
substance use disorders in a manner harmful or dangerous to them or the public;
b. Has practiced fraud or deceit in procuring or
attempting to obtain the certification;
c. Has engaged in sexual relations with,
solicited sexual relations with, or committed an act of sexual abuse against or
sexual misconduct with, a current or past client;
d. Has failed to remain free from the use of any
controlled substance or any alcoholic beverage to the extent that the use
impairs the applicant’s ability to engage in work with individuals with
substance disorders with safety to the public;
e. Has failed to remain free from the use of any
controlled substance or any alcoholic beverage to the extent that the use
impairs the applicant’s ability to engage in work with individuals with
substance disorders with safety to the public;
f. Has engaged in false or misleading
advertising;
g. Has a disciplinary action pending in another
state or territory of the United States; and
h. Has a mental disability which impairs
professional ability or judgment;
(11) If the applicant has answered any of the
questions in Alc 304.02(a)(10) in the affirmative,
whether the applicant has made any restitution or taken any remedial action,
including an explanation of such restitution or remedial action; and
(12) An indication that the applicant has read and
agrees to abide by the ethical standards set forth in Alc
500; and
(b) On a page not available
to the public as a public record:
(1) The applicant’s full name;
(2) The applicant’s home address;
(3) The applicant’s home telephone number and
cellular phone number;
(4) The applicant’s mailing address;
(5) The applicant’s email address;
(6) Pursuant to RSA 161-B:11
and RSA 330-C:20, I, the applicant’s social security number beneath the
following statement preprinted on the application form:
“The Board of Licensing for
Alcohol and Other Drug Use Professionals will deny certification if you do not
submit your social security number (SSN). Your certificate will not display
your SSN. Your SSN will not be made available to the public. The Board is
required to obtain your social security number for the purpose of child support
enforcement in compliance with RSA 161-B:11 and for the purpose of obtaining a
criminal history record in compliance with RSA 330-C:20. This collection of
your social security number is mandatory”; and
(7) The applicant’s dated signature below the
following statement preprinted on the application form:
“The information provided on
this application form and in the materials I have provided to support my
application is true, accurate and complete to the best of my knowledge and
belief. I acknowledge that, pursuant to RSA 641:3, the knowing making of a false
statement on this application form is punishable as a misdemeanor.”
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16
Alc 304.03 Meaning of the Applicant’s Signature. The
applicant’s signature on the application form shall mean that:
(a) The applicant
confirms that the information provided on the application form and submitted by
the applicant to support his or her application is true, accurate, and complete
to the best of his or her knowledge and belief; and
(b) The applicant
acknowledges that the knowing making of a false statement on the application
form is punishable as a misdemeanor under RSA 641-3.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16
Alc 304.04 Additional Materials to be Submitted. The additional materials to be submitted by
an applicant for initial certification shall be:
(a) A recent 2 inch
by 2 inch head-shot photograph of the applicant;
(b) A photocopy of
the applicant’s:
(1) High school diploma;
(2) Certificate of general educational development
issued by a state department of education; or
(3) Any other certificate showing that the
applicant has earned the equivalent of a high school diploma;
(c) The completed,
signed, and notarized form required by the New Hampshire division of state
police for the issuance and transmission to the board of the applicant's state
and federal criminal conviction reports;
(d) On a fingerprint
card furnished by the board, the set of fingerprints required by the New
Hampshire division of state police for the issuance of the applicant's state
and federal criminal conviction reports;
(e) Unless the
information is available only on a secure website, an official letter of
verification sent directly to the board from every jurisdiction which has
issued a license, certificate, or other authorization to practice recovery
support or other work supporting treatment of individuals with substance use
disorders stating:
(1) Whether the license certificate or other
authorization is or was, during its period of validity, in good standing; and
(2) Whether any disciplinary
action was taken against the licensee, certificate, or other authorization to
practice;
(f) A written
description of the circumstances if the applicant has checked the “yes” space
for any of the “yes-no” questions on the application form;
(g) A letter from
each of the private and public employer(s) for whom the applicant performed
paid or volunteer work evidencing compliance with the work experience required
by Alc 303.02 which:
(1) Are written on the employer’s letterhead;
(2) Are signed by the private employer or the
head of the public agency; and
(3) Include:
a. The name of the applicant;
b. A short description of the employee’s work as
it is relevant to the work experience requirements to be met by the applicant;
c. The duties of the applicant during his or her
volunteer period or employment as they relate to the CRSW scope of practice as
defined in RSA 330-C:13;
d. The beginning and ending dates of the
applicant’s volunteer period or employment;
e. An estimate of the total number of hours the
applicant was engaged in direct services to clients;
f. A description of any action taken against the
applicant as a volunteer or employee and the basis for such action; and
g. The name(s) of the individuals who supervised
the work of the applicant; and
(h) Photocopies of
one or more certificates of completion showing compliance with the training
requirement in Alc 303.03, attaching additional
sheets as necessary to provide the following information if it does not appear
on the certificate:
(1) The name of the applicant;
(2) The title of the training;
(3) The name of the training provider;
(4) The date(s) and number of hours of the
training;
(5) If the training has not been approved or
provided by the board, a description of the topic(s) covered by the training,
in the form of a brochure or description issued by the training provider;
(6) The signature of the training instructor or a
representative of the provider or sponsoring or approving organization,
together with the title of the person signing the certificate of completion;
and
(7) A description of the four domains covered by
the training.
Source. #12001, eff
10-13-16
Alc 304.05 Board’s Processing of Applications for
Initial Certification as a Recovery Support Worker.
(a) Pursuant to RSA
330-C:20, III the board's office shall submit the release form described in Alc 304.04 (c), the fingerprints described in Alc 304.04(d) and the payment described in Alc 304.01(d) to the division of state police for the
purpose of obtaining the applicant's state and federal criminal conviction
reports.
(b) The application
for initial certification shall be considered complete when:
(1) The board’s office has received:
a. A completed, signed, and dated application
form;
b. The additional materials described in Alc 304.04;
c. The applicant’s state and federal criminal conviction
reports transmitted to the board by the division of state police; and
d. Any additional information or documents which
the board has requested pursuant to (c) below; and
(2) The treasurer has transacted the applicant’s
cash, check, or money order in payment of the total certification fee.
(c)
If the board, after
receiving and reviewing the application materials submitted by the applicant
and the applicant's state and federal criminal conviction reports, requires
further information or documents to determine the applicant's qualification for
certification, the board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it requires.
(d) The application
shall be denied if the application is not complete within 52 weeks of the
receipt by the board’s office of the completed application form.
(e) The board shall
issue the recovery support worker certification or a written denial of the
application within 120 days of the date that the application is complete.
(f) The board shall
refund the certification fee, if:
(1) The applicant withdraws the application;
(2) The application is not completed within 52 weeks of receipt by the board’s
office of the completed application form; or
(3) The board denies the application.
(g) An applicant
wishing to challenge the board’s denial of an application for initial
certification shall:
(1) Make a written request for a hearing in
accordance with Alc 200; and
(2) Submit this request to the board:
a. Within 60 days of the board’s notification of
denial; or
b. If the applicant is on active military duty
outside the United States, within 60 days of the applicant’s return to the
United States or release from duty, whichever occurs later.
Source. #12001, eff
10-13-16
PART Alc
305 EXAMINATION FOR CRSW INITIAL
CERTIFICATION
Alc 305.01 Examination and Examination Procedures.
(a) The examination
to be passed for initial certification as a CRSW shall be the IC&RC
international written peer recovery examination developed by the IC&RC in
2008.
(b) Applicants
intending to take the IC&RC international written peer recovery examination
shall first:
(1) Register to take the examination; and
(2) Pay the examination administrative charge of
$115.00 in cash or using a check or money order made payable to “Treasurer,
State of New Hampshire”.
(c) Applicants shall
not take the IC&RC examination until their checks or money orders have been
transacted.
(d) Applicants failing
the examination shall be permitted to retake the examination upon payment of an
administrative charge in the amount of $115.00 in cash or using a check or
money order made payable to “Treasurer, State of New Hampshire”.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED:
9-10-09’
New. #12001, eff 10-13-16
PART Alc
306 INITIAL LICENSURE AS A LICENSED ALCOHOL
AND DRUG COUNSELOR
Alc 306.01 Scope.
The rules in Alc 306, Alc
307 and Alc 308 shall not apply to applicants
applying for reciprocity-based LADC licensure under Alc
309 unless otherwise specified in Alc 309.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16
Alc 306.02 Eligibility Requirements for Initial
Licensure as a Licensed Alcohol and Drug Counselor.
(a) The board shall
issue an initial license as a licensed alcohol and drug counselor to an
individual who:
(1) Reads and writes English;
(2) Has committed none of the acts or omissions
described in RSA 330-C:27, III(b), (c), (e), (f), (g), (h), or (j) for which he
or she has not made sufficient restitution as follows:
a. Restoration of the person or entity injured
by the individual to his, her, or its original condition;
b. A restitution acknowledged by the injured
person or entity to be sufficient;
c. Correction of the deficiency in the
individual which led to the act or omission;
d. A restitution ordered in disciplinary action
taken by the board; or
e. Restitution ordered in disciplinary action
taken by a regulatory body of another state or territory of the United States;
(3) Is of good character, as evidenced by:
a. Information provided on the application form
or in the additional materials reviewed by the board regarding any criminal
convictions, pending criminal charges, and plea agreements;
b. Information provided on the application form
or in the additional materials reviewed by the board regarding any restitution
made for any acts or omissions described in RSA 330-C:27, III (b), (c), (e),
(f), (g), (h), and (j);
c. Information provided on the application form
or in the additional materials reviewed by the board regarding any remedial
action taken with respect to mental disability; and
d. Official letters of verification and training
requirements set forth in Alc 308.04(d), if any;
(4) Has
met the education requirements set forth in Alc
306.03;
(5) Has met the training requirements set forth
in Alc 306.04;
(6) Has accumulated the supervised work
experience specified in Alc 306.05;
(7) Has been found competent in substance use
counseling as shown by ratings described in Alc
313.07(e)(8), meeting the following standards based on all supervisor work
experience report forms required to cover the individual’s entire work
experience:
a. No more than 2 “not acceptable” ratings on
all core functions taken together; and
b. At least one rating per
core function which is not a rating of “no opportunity for supervision”;
(8) Has submitted a written case study approved
by the board pursuant to Alc 308.01;
(9) Has passed the examination specified by Alc 307.01(a) and otherwise complied with the examination
procedures of Alc 307.01; and
(10) Has complied with the application procedures
set forth in Alc 312.
(b) The board shall
waive an applicant’s felony conviction, if any, if the applicant:
(1) Has corrected the deficiency which led to the
felonious act or omission; and
(2) The board has determined, after considering
complete information about the conviction, that it does not impair the
applicant’s ability to conduct with safety to the public the practices for
which the applicant seeks licensure.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16
Alc 306.03 Educational Eligibility Requirements.
(a) Pursuant to RSA 330-C:17,
I, eligibility for initial licensing as a licensed alcohol and drug counselor
shall require an individual to have:
(1) Graduated with one of the academic degrees
stated in (b) below;
(2) Received the required drug and alcohol use
education stated in (c) below; and
(3) Received the supervised practical training in
drug and alcohol counseling stated in (d) below.
(b) The qualifying
academic degrees shall be:
(1) An associate’s degree in substance use
counseling or addiction studies; or
(2) A bachelor’s degree in clinical mental
health, social work, psychology, substance use counseling, addiction studies,
or human services from a college or university accredited by:
a. The Commission on Institutions of Higher
Education of the New England Association of Schools and Colleges; or
b. Any other accrediting
body recognized by the Council for Higher Education Accreditation.
(c) The required
drug and alcohol use education shall:
(1) Total at least 270 hours, including:
a. 6 hours of education in confidentiality;
b. 6 hours of education in the 12 core
functions;
c. 6 hours of education in ethics;
d. 6 hours of education in HIV/AIDS; and
e. The remaining 246 hours covering the 18
categories of competence as described in Alc
313.10(j)(1)-(18); and
(2) Be received:
a. As part of the academic program; or
b. In a program given, sponsored or approved by:
1. The board or the licensing body of any other
state within the IC&RC;
2. NAADAC;
3. New Hampshire Training Institute on Addictive
Disorders;
4. New Hampshire Center for Excellence;
5. New England Institute of Addiction Studies;
6. New Hampshire Technical Institute;
7. The New Hampshire Alcohol and Drug Abuse
Counselors Association;
8. Any educational unit of the New Hampshire
community college system; or
9. Any other public or private agency or
institution providing training in the practice of substance use counseling and
recognized by the Council for Higher Education Accreditation.
(d) No more than 25%
of the required education shall be obtained online, provided that educational
hours received as part of online degree programs shall not count towards this
limit.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16
Alc 306.04 Training Eligibility Requirements. The
required supervised practical training in alcohol and drug use counseling
shall:
(a) Total at least
300 hours;
(b) Cover training
in the 12 core functions, with a minimum of 10 hours of training received in
each; and
(c) Be received:
(1) In an internship or practicum; or
(2) At the site of, and as part of, the
supervised work experience as described in Alc
306.05.
Source. #12001, eff 10-13-16
Alc 306.05 Supervised Work Experience Requirement.
(a) The required
supervised work experience shall be of the following duration:
(1) For an individual holding an associate’s
degree, an accumulated 6,000 hours; and
(2) For an individual holding a bachelor’s
degree, an accumulated 4,000 hours.
(b) The supervised
work experience shall:
(1) Be paid or volunteer in nature;
(2) Involve direct services to clients;
(3) Be performed under the supervision of an
individual licensed by the board or authorized by the regulatory board of
another state to practice substance use counseling; and
(4) Be performed in one or more of the following
private or public settings:
a. A detoxification program;
b. A substance use counseling program;
c. A substance use treatment program; or
d. If working in the substance use aspect of the
program or setting:
1. A mental health
program;
2. A hospital program;
3. A program of a rehabilitation facility;
4. A half-way house or transitional living
program;
5. A criminal justice system diversion program;
6. A correctional facility rehabilitation
program;
7. A program of a non-governmental social
service agency;
8. An employee assistance program;
9. A program of a private mental health
practice;
10. The office of a licensed physician; or
11. Any program operated, licensed or otherwise
approved by:
(i) The federal government;
(ii) The government of any state; or
(iii) The government of a political subdivision of
any state.
(c) The supervised work
experience shall include:
(1) Monitoring by the supervisor of the performance
of the person being supervised; and
(2) Record keeping and note taking by the
supervisor which is sufficiently detailed to permit accurate later assessment
of the work of the individual being supervised and accurate completion of the
forms described in Alc 313.07.
Source. #12001, eff 10-13-16
PART Alc
307 EXAMINATION FOR LADC INITIAL
LICENSURE
Alc 307.01 Examination and Examination Procedures.
(a) The examination
to be passed for initial licensure as a licensed alcohol and drug counselor
shall be the IC&RC international written alcohol and other drug abuse
counselor examination developed by the IC&RC in June 2008.
(b) Applicants
intending to take the IC&RC international written alcohol and other drug
abuse counselor examination shall first:
(1) Register to take the examination; and
(2) Pay the examination
administrative charge of $115.00 in cash or using a check or money order made
payable to Treasurer, State of New Hampshire.
(c) Applicants shall
not take the IC&RC examination until their checks or money orders have been
transacted.
(d) Applicants
failing the examination shall be permitted to retake the examination upon
payment of an administrative charge in the amount of $115.00 in cash or using a
check or money order made payable to Treasurer, State of New Hampshire.
(e) An applicant
shall be entitled to use a passing score on the examination as part of his or
her application until such time as a revised exam is released by the IC&RC
and incorporated into these rules.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16
PART Alc
308 WRITTEN CASE STUDY
Alc 308.01 Submission and Approval of Written Case
Study.
(a) An applicant for
initial licensure as a licensed alcohol and drug counselor shall submit as part
of his or her application a written case study to be approved by the board.
(b) The board shall approve an applicant's
written case study if the case study meets the contents requirements and the
formal requirements set forth in Alc 308.02.
(c) If the board
does not approve the written case study as it is first submitted:
(1) It shall return the case study to the
applicant along with suggestions for improvement; and
(2) The applicant may revise and resubmit the
case study.
(d) If the board does not approve a revised and resubmitted
case study, the applicant may submit a new written case study which has as its
subject a client different from the client who was the subject of the case
study rejected by the board, so long as the applicant does so within 30 days.
(e) If the board does not approve the new written case study:
(1) The board shall close the application for initial
licensure without taking further action on it; and
(2) The applicant may submit a new application
for initial licensure, but not before 52 weeks have elapsed from the date that
the board closed the previous one.
(f) Any applicant
submitting a new application for initial licensure shall comply with all
application procedures and fee requirements set forth in this chapter, except
that the applicant shall not pay the license fee if the original payment of the
license fee was not refunded by the board.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16
Alc 308.02 Contents and Formal Requirements of
Written Case Study.
(a) The contents and requirements for the case study shall
be:
(1) Inclusion of all of the contents called for
by Alc 308.03; and
(2) The demonstration through the case study of
the applicant’s mastery of the 12 core functions.
(b) The formal
requirements for the case study shall be:
(1) The case study is that of an actual and
typical client of the applicant who:
a. Is no
longer the applicant’s client; and
b. Is identified by a fictitious name assigned
by the applicant;
(2) The case study is accompanied by the applicant’s
name and signed and dated statement that:
a. The case study was written by the applicant;
and
b. The person described in it was an actual and
typical client of the applicant; and
(3) The case study is accompanied by a signed and
dated statement by the individual who was the applicant’s supervisor at the time the person described was the applicant’s
client:
a. Identifying the supervisor by name, title,
current employer, and employer at the time the person described was the
applicant's client; and
b.
Including
the following statements:
1. The supervisor's statement that he or she has
reviewed the case study;
2. The supervisor's statement that the person
described in the case study was an actual client of the applicant; and
3. The supervisor's opinion that the case study
fairly describes the applicant's services to the person described in the case
study.
(c) The meaning of
the signature required by (b)(2) above shall be the licensure applicant's
certification that:
(1) The applicant wrote the case study; and
(2) The person described in it was an actual and
typical client of the applicant.
(d) The meaning of
the signature required by (b)(3) above shall be:
(1) The supervisor's certification that:
a. He or she has reviewed the case study; and
b. The person described in the case study was an
actual client of the applicant during the time that he or she supervised the
applicant; and
(2) The supervisor's opinion that the case study
fairly describes the applicant's services to the person described in the case
study.
Source. #12001, eff 10-13-16
Alc 308.03 Contents of the Written Case Study.
(a) The written case
study shall include on a form provided by the board the following demographic
information about the client:
(1) His or her fictitious name;
(2) His or her age when he or she became the
applicant's client;
(3) One or more racial categories of the client,
selected from the following categories:
a. American Indian or Alaska Native;
b. Asian;
c. Black or African American;
d. Native Hawaiian or other Pacific Islander;
e. White; and
f. Other.
(4) The gender of the client;
(5) The client's relationship status; and
(6) The client's occupation.
(b) The written case
study shall also include on a form provided by the board the following
information about the client's treatment by the applicant:
(1) The reason for the client's treatment or
referral for treatment;
(2) The source of the client's referral, if any;
(3) The date the applicant's services to the
client began and the date they ended; and
(4) The treatment setting, whether:
a. Residential;
b. Intensive outpatient;
c. Outpatient;
d. Detoxification maintenance;
e. Opioid Replacement Therapy (ORT); or
f. Specified other.
(c) Using as many
pages as necessary, the written case study shall:
(1) Provide in detail the information about the
client called for by Alc 308.04; and
(2) Organize that information under the
designated headings.
Source. #12001, eff 10-13-16
Alc 308.04 Required Information and Headings for
Information. The required information and the headings under which it
should be organized shall be:
(a) Under the
heading substance use history of the client, the following information about
the client:
(1) A list of the substances used;
(2) The frequency of substance use;
(3) The progression in the use of substances;
(4) The severity of substance use or the amount
of each substance used;
(5) The approximate date or age when substance
use began;
(6) The primary substance used;
(7) The method of substance administration; and
(8) The effect(s) on the client of substance use
stated in terms of one or more of the following:
a. Blackouts;
b. Tremors;
c. Tolerance;
d. Seizures;
e. Medical complications; and
f. Other described effects;
(b) Under the
heading psychological functioning, the following information:
(1) The client's past mental status stated in
terms of one or more of the following:
a. Oriented;
b. Hallucinating;
c. Having delusions;
d. Suicidal;
e. Homicidal; and
f. Mental status of other specific description;
(2) The client's mental status at the time of treatment,
stated in the terms listed in (1) above;
(3) The quality of the client's judgment; and
(4) The quality of the client's insight into the
client's problems;
(c) Under the heading
educational, vocational and financial history, the following information:
(1) The client's educational level and history;
(2) The client's work history;
(3) Any disciplinary action taken against the
client at school;
(4) Any disciplinary action taken against the
client at work;
(5) Reasons for the client's termination of
education, if the client terminated education;
(6) Reasons for the client's termination of work,
if the client terminated work;
(7) The client's financial status, as indicated
by:
a. The client's living arrangements;
b. The way the client supports herself or
himself financially; and
c. Other indicators of financial standing
specific to the client; and
(8) The financial status of the client's family
of origin, as indicated by:
a. The living arrangements of the family;
b. The way the family supported itself
financially in the past and currently supports itself financially; and
c. Other indicators of financial standing
specific to the family;
(d) Under the
heading legal history, any of the following experiences reported by the client
or appearing in records made available to the applicant, whether or not
associated with substance use:
(1) Past charges and those pending at the time of
treatment;
(2) Arrests;
(3) Findings of juvenile delinquency; and
(4) Criminal convictions;
(e) Under the
heading social history, the following information:
(1) The influence on the client of his or her
parents;
(2) The number, gender and rank order of the
client's siblings;
(3) The influence on the client of his or her
siblings;
(4) The influence on the client of his or her
children;
(5) The psychological health of the client's
family with respect to any mental health, psychiatric or emotional problems;
(6) A description of any substance use by members
of the client's family;
(7) The history of the client's level(s) of
mental health and actual behavior, both adaptive and maladaptive, in social
settings; and
(8) The client's history of relationships,
including the number, type and relative level of normality, within family,
intimate and other social relationships;
(f) Under the
heading physical history, the following information:
(1) The client's past major medical problems and
major medical problems at time of treatment, whether related to or not related
to substance use;
(2) The client's past disabilities and
disabilities at time of treatment, whether related to or not related to
substance use;
(3) The client's past pregnancies and pregnancies
at time of treatment;
(g) Under the
heading treatment history, a summary of:
(1) The client's history of treatment, if any,
for:
a. Psychological conditions; and
b. Substance use disorders; and
(2) The client's participation in self-help
group(s);
(h) Under the
heading assessment:
(1) Identification and evaluation of:
a. The client’s personal strengths; and
b. The client's personal limitations; and
(2) Formulation of diagnosis using the most
current version of the Diagnostic and Statistical Manual of Psychiatric
Disorders (DSM);
(i) Under the heading treatment plan, the
following components of the plan:
(1) Identification and ranking, according to
severity, of the problems requiring resolution;
(2) The immediate goals and the long-term goals
agreed to by the client; and
(3) An identification of each goal’s
corresponding objectives, including:
a. The frequency of the treatment;
b. The duration of the treatment;
c. The objectives of the treatment;
d. The interventions utilized; and
e. Any required adjunct support, such as
self-help, community resources, family members and significant others;
(j) Under the
heading course of treatment, the following information about the work of the
applicant for licensure:
(1) The counseling theory or theories used with
the client;
(2) The applicant's rationale for using such
theory or theories; and
(3) Any revisions in the counseling theory or
theories made by the applicant in response to the client's specific problems
and responses to treatment; and
(k) Under the heading
discharge summary:
(1) A concise description of the client's overall
response to treatment, including the client's substance use status at the end
of the applicant's treatment of the client; and
(2) A continuing care plan.
Source. #12001, eff 10-13-16
PART Alc
309 INITIAL RECIPROCITY-BASED LADC
LICENSURE
Alc 309.01 Eligibility Requirements for
Reciprocity-Based Initial Licensure as a Licensed Alcohol and Drug Counselor.
(a) The board shall
issue an initial license as a licensed alcohol and drug counselor on the basis
of reciprocity to an individual who:
(1) Meets the requirements set forth in Alc 306.02 (a)(1) through (a)(3);
(2) Holds one of the following academic degrees:
a. An associate's degree in substance use
counseling or addiction studies; or
b. A bachelor's degree in clinical mental health,
social work, psychology, substance use counseling, addiction studies or human
services from a college or university accredited by:
1. The Commission on Institutions of Higher
Education of the New England Association of Schools and Colleges; or
2. Any other accrediting body recognized by the
Council for Higher Education Accreditation;
(3) Has had any felony conviction waived by the
board pursuant to Alc 306.02(b); and
(4) Has complied with the application procedures
set forth in (b) below.
(b) An applicant for
reciprocity-based initial licensure as a licensed alcohol and drug counselor
shall submit or arrange for the board's office to receive:
(1) A completed initial licensure application
form provided by the board and further described in Alc
313.02;
(2) A recent 2 inch by 2 inch head-shot
photograph of the applicant;
(3) A reciprocity approval notification sent
directly to the board's office by IC&RC;
(4) An official transcript showing the applicant's
academic degree sent directly to the board's office by the degree-granting
educational institution;
(5) Payment of the applicable license fee shown
in Alc 317.01 in the form of:
a. Cash; or
b. A check or money order made payable to
"Treasurer, State of New Hampshire";
(6) Payment of the charge made by the division of
state police for the issuance of the applicant's state and federal criminal
conviction reports in the form of cash, or a check or money order made payable
to "State of New Hampshire-Criminal Records";
(7) The completed, signed and notarized form
required by the New Hampshire division of state police for the issuance and
transmission to the board of the applicant's state and federal criminal
conviction record reports;
(8) On an official division of state police
fingerprint card provided to the applicant by the board, the set of
fingerprints required by the division of state police for the issuance of the
applicant's state and federal criminal conviction reports;
(9) Unless the information is available only on a
secure website, an official verification letter sent directly to the board by
every jurisdiction which has issued a license, certificate, or other
authorization to practice counseling of individuals with substance use
disorders stating:
a. Whether the license, certificate, or other
authorization is or was, during its period of validity, in good standing, and
b. Whether any disciplinary action was taken
against the license, certificate, or other authorization to practice;
(10) A written description of the circumstances if
the applicant has indicated "yes" to any of the "yes-no"
questions on the initial licensure application form; and
(11) If the requirements for supervised work
experience in the jurisdiction from which the applicant is applying are less
than those described in Alc 306.05, as many
board-provided supervisor report forms, further described in Alc 309.02, as are necessary to demonstrate that the
applicant has met the minimum requirements outlined in Alc
306.05 at the time of his or her application.
Source. #12001, eff 10-13-16
Alc 309.02 Supervised Work Experience Report Form.
(a) A board-provided
supervisor report form shall be completed by:
(1) Each supervisor who supervised some or all of
the work experience of an applicant for reciprocity-based licensure; or
(2) An individual responsible for the work of the
applicant's original supervisor, if the original supervisor is no longer with
the entity providing the applicant's experience.
(b) The supervisor
report form(s) shall be completed with the information specified in Alc 313.07(e)(1) through (8).
(c) The completed
supervisor report form(s) shall include, the opinion described in Alc 313.07(e)(9).
(d) The supervisor
report form shall be:
(1) Signed and dated by the individual completing
the report form below the following statement pre-printed on the form:
"I certify that I, or
the supervisor whom I am replacing, observed and supervised the work of the
individual named at the head of this form. I further certify that the
information I have provided on this form is true to the best of my knowledge
and belief. I acknowledge that, pursuant to RSA 641:3, the knowing making of a
false statement on this form is punishable as a misdemeanor"; and
(2) Submitted directly to the board by the
individual completing the report form.
(e) The meaning of
the signature shall be the signer's:
(1) Certification that the applicant's supervisor
observed and supervised the work of the individual named at the head of the
form;
(2) Certification that the information provided
is true to the best of the signer's knowledge and belief; and
(3) Acknowledgement that, pursuant to RSA 641:3,
the knowing making of a false statement on the form is punishable as a
misdemeanor.
Source. #12001, eff 10-13-16
PART Alc 310 INITIAL LICENSURE
AS A MASTER LICENSED ALCOHOL AND DRUG COUNSELOR
Alc 310.01 Eligibility Requirements for Initial
Licensure as a Master Licensed Alcohol and Drug Counselor. The board shall issue
an initial license as a master licensed alcohol and drug counselor to an
individual who:
(a) Meets the
requirements set forth in Alc 306.02 (a)(1) through
(a)(4);
(b) Holds a master's
degree as further described in Alc 310.02;
(c) Meets one of the
following eligibility requirements:
(1) Holding a currently valid LADC license issued
by the board; or
(2) Having:
a. Complied with the examination procedures
described in Alc 311.01 and passed the examinations
described in Alc 311.01(a); and
b. Submitted a written case study approved by
the board pursuant to Alc 308.01;
(d) Has received at
least 270 hours of alcohol and drug use education as further described in Alc 310.03;
(e) Has received at
least 300 hours of supervised practical training as further described in Alc 310.04;
(f) If not holding a
currently valid license issued by the board of mental health practice, has
accumulated at least 3,000 hours of post-master’s clinically supervised direct
counseling experience in treating substance use disorders as further described
in Alc 310.05;
(g) If holding a
currently valid license issued by the board of mental health practice, has accumulated
at least 3,000 hours of post-master’s clinically supervised direct counseling
experience in treating substance use disorders as further described in Alc 310.05;
(h) Has been found
competent in substance use counseling as shown by ratings described in Alc 313.07(e)(9) meeting the following standards based on
the number of supervisor report forms required to cover the individual's entire
clinically supervised experience in treating substance use disorders:
(1) No more than 2 "not acceptable"
ratings on all core functions taken together; and
(2) At least one rating per core function which
is not a rating of "no opportunity for supervision";
(i) Has had any felony conviction waived by the
board pursuant to Alc 306.02(b); and
(j) Has complied
with the application procedures set forth in Alc 313.
Source. #12001, eff 10-13-16
Alc 310.02 Master’s Degree Requirement. Applicants for initial licensure as a master
licensed alcohol and drug counselor shall have a master’s degree that is
either:
(a) A 60 hour
degree, awarded by a college or university accredited by an academic body which
is a member of the Council for Higher Education Accreditation, in one of the
following fields:
(1) Clinical mental health;
(2) Clinical psychology;
(3) Substance use treatment;
(4) Social work; or
(5) Human services; or
(b) A master’s degree
that is less than 60 hours in one of the fields described in (a)(1) – (5)
above, provided that applicants seeking to qualify for licensure with such a
degree shall obtain additional educational hours as described in Alc 310.03 to bring the total number of educational hours
to 60.
Source. #12001, eff 10-13-16
Alc 310.03 Required Drug and Alcohol Use Education.
Required drug and alcohol use education shall:
(a) Total at least
270 hours, of which:
(1) A minimum of 24 hours
shall have been obtained within the 12 months immediately preceding the date
the applicant completes his or her application;
(2) A minimum of 6 hours shall be required in
ethics as related to substance abuse;
(3) A minimum of 6 hours shall be required in
HIV/Aids as related to substance abuse;
(4) A minimum of 6 hours shall be required in
confidentiality as related to substance abuse counseling;
(5) A minimum of 6 hours shall be required in the
12 core functions; and
(6) A maximum of 25% of the required educational
hours shall be from online training, provided that educational hours obtained
as part of an online degree program do not count towards the maximum threshold;
and
(b) Be received:
(1) As part of the academic program;
(2) As part of the supervised work experience; or
(3) In a program given, sponsored or approved by:
a. The board or the licensing body of any other
state within the IC&RC;
b. NAADAC;
c. New Hampshire Training Institute on Addictive
Disorders;
d. New Hampshire Center for Excellence;
e. New England Institute of Addiction Studies;
f. NHTI – Concord’s Community College;
g. The New Hampshire Alcohol and Drug Abuse
Counselors Association;
h. Any educational unit of the New Hampshire
community college system; or
i. Any other public or private agency or
institution, recognized by the Council for Higher Education Accreditation,
providing training in the practice of substance use counseling.
Source. #12001, eff 10-13-16
Alc 310.04 Required Supervised Practical Training in
Alcohol and Drug Use Counseling. The
required supervised practical training in alcohol and drug use counseling
shall:
(a) Total at least
300 hours;
(b) Cover training
in the 12 core functions, with a minimum of 10 hours of training received in
each; and
(c) Be received:
(1) In an internship or practicum; or
(2) At the site of, and as part of, the
clinically supervised experience in treating substance use disorders described
in Alc 310.05.
Source. #12001, eff 10-13-16
Alc 310.05 Clinically Supervised Direct Counseling
Experience in Treating Substance Use Disorders.
(a) The clinically
supervised direct counseling experience in treating substance use disorders
shall:
(1) Be paid or volunteer in nature;
(2) Be performed in one or more of the private or
public settings listed in (c) below; and
(3) Consist in direct counseling services to
clients, whether in the form of individual, couple or group counseling or
intervention, under the clinical supervision described in (b) below.
(b) Such experience
shall be clinically supervised as follows:
(1) Directly and in person by an individual
licensed by the board or authorized by the regulatory board of another state to
practice substance use counseling;
(2) On a schedule of at least 4 hours of clinical
supervision during each month that the person being supervised provides
services to clients; and
(3) By a method which:
a. Complies with the definition in Alc 301.01(c); and
b. Includes the supervisor's
keeping records and making notes which are sufficiently detailed to permit
accurate later assessment of the work of the individual being supervised and
accurate completion of the form described in Alc
313.07.
(c) The settings for
the clinically supervised direct counseling experience in treating substance
use disorders shall be one or more of the following:
(1) A detoxification program;
(2) A substance use counseling program;
(3) A substance use treatment program; or
(4) If working in the substance use aspect of the
program:
a. A mental health program;
b. A hospital program;
c. A program of a rehabilitation facility;
d. A half-way house or transitional living
program;
e. A criminal justice system diversion program;
f. A correctional facility rehabilitation
program;
g. A program of a non-governmental social
service agency, including tax-exempt non-profit organizations;
h. An employee assistance program;
i. A program of a private mental health or
substance abuse practice;
j. The office of a licensed physician; or
k. Any program operated, licensed or otherwise
approved by:
1. The federal government;
2. The government of any state; or
3. The government of a political subdivision of
any state.
(d) The applicant
shall, pursuant to RSA 330-C:16, III, be permitted to substitute up to 1500 hours
of the required total hours of clinically supervised post-masters direct
counseling experience in treating substance use disorders required by Alc 310.01(f) and Alc 310.01(g)
for a current license issued by the board of mental health.
(e) The applicant
shall, pursuant to RSA 330-C:16, III, be permitted to accumulate up to 1500
hours of the required total hours of clinically supervised post-masters direct
counseling experience in treating substance use disorders required by Alc 310.01 (f) and Alc 310.01(g)
in the course of his or her practice as a licensed alcohol and drug counselor.
Source. #12001, eff 10-13-16
PART Alc
311 EXAMINATION FOR MLADC INITIAL
LICENSURE
Alc 311.01 Examination and Examination Procedures.
(a) The examination
to be passed for initial licensure as a master licensed alcohol and drug
counselor shall be:
(1) For applicants licensed by the New Hampshire
board of mental health practice, the IC&RC international written advanced
alcohol and other drug abuse counselor examination developed in 2008; and
(2) For applicants not currently licensed by the
New Hampshire board of mental health practice, both the IC&RC international
written advanced alcohol and other drug abuse counselor examination developed
in 2008 and the IC& RC co-occurring disorder examination developed in 2008.
(b) Applicants
intending to take the IC&RC international written advanced alcohol and
other drug abuse counselor examination shall first:
(1) Register to take the examination; and
(2) Pay the examination administrative charge in
the amount of $115.00 in cash or by using a check or money order made payable
to “Treasurer; State of New Hampshire.”
(c) Applicants shall
not take the IC&RC examination until their checks or money orders have been
transacted.
(d) Applicants
failing the IC&RC examination shall be permitted to retake the examination
upon payment of an examination administrative charge in the amount of $115.00.
Source. #12001, eff 10-13-16
PART Alc
312 INITIAL RECIPROCITY BASED MLADC
LICENSURE
Alc 312.01 Eligibility Requirements for
Reciprocity-Based Initial Licensure as a Master Licensed Alcohol and Drug
Counselor.
(a) The board shall
issue an initial license as a master licensed alcohol and drug counselor on the
basis of reciprocity to an individual who:
(1) Meets the requirements set forth in Alc 310.01; and
(2) Has complied with the application
requirements set forth in (b) below.
(b) An applicant for
reciprocity-based initial licensure as a master licensed alcohol and drug
counselor shall submit or arrange for the board’s office to receive:
(1) A completed initial licensure application
form provided by the board and further described in Alc
313.02;
(2) A recent 2 inch by 2 inch head shot
photograph of the applicant;
(3) A reciprocity approval notification sent
directly to the board’s office by the IC&RC;
(4) An official transcript showing the
applicant’s academic degree sent directly to the board’s office by the
degree-granting educational institution;
(5) Payment of the applicable license fee shown
in Alc 317.01 in the form of:
a. Cash; or
b. A check or money order made payable to
“Treasurer, State of New Hampshire;
(6) Payment of the charge made by the division of
state police for the issuance of the applicant's state and federal criminal
conviction reports in the form of cash, or a check or money order made payable
to "State of New Hampshire-Criminal Records";
(7) The completed, signed and notarized form
required by the New Hampshire division of state police for the issuance and
transmission to the board of the applicant's state and federal criminal
conviction record reports;
(8) On an official division of state police
fingerprint card provided to the applicant by the board, the set of
fingerprints required by the division of state police for the issuance of the
applicant's state and federal criminal conviction reports;
(9) Unless the information is available only on a
secure website, an official verification letter sent directly to the board by
every jurisdiction which has issued a license, certificate, or other
authorization to practice counseling of individuals with substance use
disorders stating:
a. Whether the license, certificate, or
other authorization is or was, during its period of validity, in good standing,
and
b. Whether any disciplinary action was taken
against the license, certificate, or other authorization to practice;
and
(10) A written description of the circumstances if
the applicant has indicated "yes" to any of the "yes-no" questions
on the initial licensure application form.
(c) Notwithstanding
(a)-(b) above, applicants seeking licensure pursuant to this section with less
than a 60-hour master’s degree shall be eligible for licensure prior to
completing the requirements of Alc 310.02(b), so long
as:
(1) Such individuals comply with Alc 310.02(b) within 5 years of initial licensure; and
(2) Such individuals notify the board, in
writing, upon completion of the required education.
(d) Applicants under
(c) above who do not satisfy the educational requirements within 5 years of
licensure shall not be eligible for MLADC license renewal, but shall be
licensed as a LADC if the board determines that the requirements of Alc 306 have been met.
(e) The board shall
waive the requirements of supervised practical training described in Alc 310.04 and supervised work experience found in Alc 310.05 for applicants applying for licensure under this
section, provided that applicants present proof of active licensed practice in
another jurisdiction for a period of 10 years or more.
Source. #12001, eff 10-13-16
PART Alc
313 APPLICATION PROCEDURES FOR INITIAL
LICENSURE AS A LICENSED ALCOHOL AND DRUG COUNSELOR OR A MASTER LICENSED ALCOHOL
AND DRUG COUNSELOR
Alc 313.01 Procedures for Applying for Initial
Licensure as a Licensed Alcohol and Drug Counselor or a Master Licensed Alcohol
and Drug Counselor. An applicant for initial licensure as a licensed
alcohol and drug counselor or a master licensed alcohol and drug counselor
shall submit to the board's office or otherwise arrange for the board's office
to receive:
(a) A completed
initial licensure application form provided by the board and further described
in Alc 313.02;
(b) The additional
materials described in Alc 313.04;
(c) Payment of the
applicable license fee shown in Alc 317.01 in the
form of:
(d) Cash; or
(e) A check or money
order made payable to "Treasurer, State of New Hampshire"; and
(f) Payment of the
charge made by the division of state police for the issuance of the applicant's
certified state and federal criminal conviction reports in the form of a check
or money order made payable to "State of New Hampshire-Criminal
Records".
Source. #12001, eff 10-13-16
Alc 313.02 Application Form. On the
board-provided initial licensure application form the applicant shall:
(a) On a page
available to the public, furnish the following information:
(1) Whether the applicant is applying for initial
licensure as a licensed alcohol and drug abuse counselor or master licensed
alcohol and drug abuse counselor;
(2) The applicant’s full name;
(3) Any other names used by the applicant;
(4) The applicant’s date of birth;
(5) The applicant’s current employer;
(6) The applicant’s business mailing address;
(7) The applicant’s business e-mail address;
(8) The applicant’s business phone number;
(9) Using the “yes” and “no” spaces provided,
whether the applicant permits the board to include his or her name, business
address, and business email address on the list of licenses the board offers
for sale to the public;
(10) Using the “yes” and “no” spaces provided,
whether the applicant has any pending criminal charges and, if so, an
explanation of such charges;
(11) Using the “yes” and “no” spaces provided,
whether the applicant has made a plea agreement relative to any criminal
charges and, if so, an explanation of such plea agreement;
(12) Using the “yes” and “no” spaces provided,
whether the applicant has a license or certification under revocation,
suspension or probation in another state or territory of the United States;
(13) Whether the applicant is currently or has
been previously authorized by another jurisdiction to counsel individuals with
substance use disorders and, if so, by what jurisdiction;
(14) Using the “yes” and “no” spaces provided:
a. Whether the applicant has practiced fraud or
deceit in procuring or attempting to obtain the license;
b. Whether the applicant has engaged in sexual
relations with, solicited sexual relations with, or committed an act of sexual
abuse against or sexual misconduct with, a current or past client;
c. Whether the applicant has failed to remain
free from the use of any controlled substance or any alcoholic beverage to the
extent that its use impaired the applicant’s ability to engage in work with
individuals with substance disorders;
d. Whether the applicant has engaged in false or
misleading advertising;
e. Whether the applicant has any disciplinary
action pending in another state or territory of the United States; and
f. Whether the applicant has a mental disability
that impairs his or her professional ability or judgment;
(15) If the applicant answered “yes” to any of the
questions in (a)(14) of this section, whether the applicant has, in accordance
with Alc 302.01(b),
paid restitution or taken remedial action to address these
circumstances;
(16) Identification of the applicant’s academic
degree and degree granting institution;
(17) Attaching additional sheets if necessary, the
providers of the applicant’s required drug and alcohol use education;
(18) Attaching additional sheets if necessary, the
providers of the applicant’s required supervised practical training and
clinical supervision;
(19) Attaching additional sheets if necessary, the
sites of applicant’s required supervised work experience;
(20) An indication that the applicant has read and
agrees to comply with the ethical requirements found in Alc
500; and
(21) The applicant’s dated signature in the space
provided below the following pre-printed statement:
“The information provided on
this application form and in the materials I have personally submitted to
support my application is true, accurate and complete to the best of my
knowledge and belief. I acknowledge that, pursuant to RSA 641:3, the knowing
making of a false statement on this application form is punishable as a
misdemeanor”; and
(b) On a
confidential page that shall not be made available to the public:
(1) The applicant’s full name;
(2) The applicant’s physical home address;
(3) The applicant’s mailing address;
(4) The applicant’s home phone number;
(5) The applicant’s cellular phone number;
(6) The applicant’s personal email address; and
(7) Pursuant to RSA 161-B:11 and RSA 330-C:20, I,
furnish his or her social security number in the space provided beneath the
following statement preprinted on the form;
“The Board of Licensing for
Alcohol and Other Drug Use Professionals will deny licensure if you do not
submit your social security number (SSN).
Your license will not display your SSN. Your SSN will not be made available
to the public.
The Board is required to
obtain your social security number for the purpose of child support enforcement
in compliance with RSA 161-B:11 and for the purpose of obtaining a criminal
history record in compliance with RSA 330-C:20. This collection of your social
security number is mandatory.”
Source. #12001, eff 10-13-16
Alc 313.03 The Meaning of the Applicant’s Signature. The applicant’s signature on the initial licensure
application form shall mean that:
(a) The applicant
confirms that the information he or she has provided on the application form
and has personally submitted to support his or her application is true,
accurate, and complete to the best of his or her knowledge and belief; and
(b) The applicant
acknowledges that the knowing making of a false statement on the application
form is punishable as a misdemeanor under RSA 641:3.
Source. #12001, eff 10-13-16
Alc 313.04 Additional Materials to be Submitted by an
Applicant for Initial Licensure as a Licensed Alcohol and Drug Counselor or as
a Master Licensed Alcohol and Drug Counselor. An applicant for initial
licensure as a licensed alcohol and drug counselor or a master licensed alcohol
and drug counselor shall submit to the board, or arrange for the submission of,
the following additional materials:
(a) A recent 2 inch
by 2 inch head-shot photograph of the applicant;
(b) The completed,
signed, and notarized form required by the New Hampshire division of state
police for the issuance and transmission to the board of the applicant's state
and federal criminal conviction record reports;
(c) On an official
division of state police fingerprint card provided to the applicant by the
board, the set of fingerprints required by the division of state police for the
issuance of the applicant's state and federal criminal conviction reports;
(d) Unless the
information is available only on a secure website, an official verification
letter sent directly to the board by every jurisdiction which has issued a
license, certificate, or other authorization to
practice counseling of individuals with substance use disorders stating:
(1) Whether the license, certificate, or other
authorization is or was, during its period of validity, in good standing, and
(2) Whether any disciplinary action was taken against
the license, certificate, or other authorization to practice;
(e) A written
description of the circumstances if the applicant has indicated "yes"
to any of the "yes-no" questions on the initial licensure application
form or has been convicted of a felony;
(f) An official
transcript:
(1) Sent directly to the board's office by the
degree-granting educational institution; and
(2) Showing, for the LADC applicant, the award of
one of the academic degrees required by Alc 306.03(b)
and, for the MLADC applicant, the award of the master's degree required by Alc 310.02;
(g) For the purpose
of documenting receipt of the required hours of drug and alcohol use education,
as many of any of the following 3 kinds of documents as needed to document all
of the applicant's hours:
(1) An official academic transcript showing the
hours of drug and alcohol use education included in the academic program;
(2) One or more certificates signed by a
representative of a program listed in Alc
306.03(c)(2)b. and Alc 310.03(b)(3):
a. Showing the receipt by the applicant of drug
and alcohol use education; and
b. Including the following:
1. Whether the program is pre-approved and, if
so, by whom;
2. The name of the applicant;
3. The number of hours of drug and alcohol use
education received by the applicant;
4. The title of the drug and alcohol use
education;
5. The category or categories of competence
covered;
6. The name and location of the program;
7. The name of the program director or their
representative;
8. The signature of the program representative;
9. The date of the signature; and
10. If the program is not pre-approved, a course
syllabus or other similar documentation which contains the information
described in 2. – 9. above;
(h) For the purpose
of documenting receipt of the required hours of supervised practical training
in alcohol and drug counseling, as many completed board-provided practical
training report forms further described in Alc 313.05
as are necessary to document all of the applicant's hours;
(i) For the purpose of documenting the
applicant's accumulation of the supervised experience required by Alc 306.05 or Alc 310.05, as
applicable, the following forms:
(1) A single board-provided applicant experience
report form further described in Alc 313.06; and
(2) As many board-provided supervisor report
forms, further described in Alc 313.07, as necessary
for the supervisor(s) at each individual agency, program, or other entity
separately to report the applicant's work experience supervised by such
supervisor(s) at his, her, or their own site(s);
(j) For each
employer listed in the applicant experience report form described in Alc 313.06, an employment verification form, further
described in Alc 313.08;
(k) A supervision
agreement, further described in Alc 313.09;
(l) A counselor
evaluation form, further described in Alc 313.10;
(m) 3 professional
reference forms, further described in Alc 313.11; and
(n) An educational
and training summary form, further described in Alc
313.12.
Source. #12001, eff 10-13-16
Alc 313.05 Report Form Documenting Hours of
Supervised Practical Training in Alcohol and Drug Counseling. The report form documenting receipt of hours
of supervised practical training in alcohol and drug counseling shall require:
(a) The information
detailed in (b) below to be reported separately for each site of internship,
academic program, or supervised experience where the applicant received
supervised practical training; and
(b) The provision of
the following information:
(1) The name of the internship, academic program,
or work site where the applicant received supervised practical training in
alcohol and drug counseling;
(2) The number of hours of supervised practical
training received by the applicant in each of the following 12 core functions:
a. Screening;
b. Intake;
c. Orientation;
d. Assessment;
e. Treatment planning;
f. Counseling;
g. Case management;
h. Crisis intervention;
i. Client education;
j. Referral;
k. Reporting and record keeping; and
l. Consultation;
(3) The total hours of supervised practical
training in alcohol and drug use counseling;
(4) A certification that the total number of
hours of supervised practical training included a minimum of 10 hours of
training in each of the 12 core functions;
(5) The name(s) and title(s) of the individual(s)
providing the supervised practical training or their replacements if the
supervisors are no longer available;
(6) The signature(s) of such individual(s) or, if
such individual is no longer employed at the same location, of an individual
who can attest that the supervised practical training was completed; and
(7) The date of signing.
Source. #12001, eff 10-13-16
Alc 313.06 Applicant Work Experience Report Form
Documenting Experience. The
applicant himself or herself shall submit a single work experience report form:
(a) Provided by the
board;
(b) Completed, in
the case of an applicant for LADC licensure, for the purpose of reporting the
applicant's total supervised work experience;
(c) Completed, in
the case of an applicant for MLADC licensure, for the purpose of reporting the
applicant's total clinically supervised direct counseling experience in
treating substance use disorders; and
(d) In the case of
both LADC and MLADC applicants, showing the following information:
(1) The name of the applicant;
(2) The name of each agency, program, or other
entity providing some or all of the applicant's experience;
(3) The address and telephone number of each such
agency, program, or other entity;
(4) The name(s) of the applicant's clinical
supervisor(s) at each such agency, program, or other entity;
(5) The credential(s) of such clinical
supervisor(s); and
(6) The total number of hours of clinically
supervised experience in each of the 12 core functions received by the
applicant.
Source. #12001, eff 10-13-16
Alc 313.07 Supervised Work Experience Report Forms.
(a) A component of
the application for initial licensure as a licensed alcohol and drug counselor
shall be a supervised work experience report form completed for each individual
who has supervised the applicant at any agency, program, or other entity
providing some or all of the applicant's supervised work experience as
described in Alc 306.05.
(b) A component of
the application for initial licensure as a master licensed alcohol and drug
counselor shall be a supervised work experience report form completed for each
individual who has clinically supervised the applicant at any agency, program,
or other entity providing some or all of the applicant's clinically supervised
direct counseling experience in treating substance use disorders as described
in Alc 310.05.
(c) Enough
supervised work experience report forms shall be submitted to the board to
cover all of the applicant's experience required by Alc
306.05 or Alc 310.05, as applicable.
(d) Each supervised
work experience report form required by (a) and (b) above shall be:
(1) Completed by:
a. As applicable, a supervisor who supervised
some or all of the LADC applicant's work experience or a supervisor who
clinically supervised some or all of the MLADC applicant's experience in direct
counseling treating substance use disorders; or
b. An individual responsible for the work of the
applicant's original supervisor, if the original supervisor is no longer with
the entity providing the applicant's experience; and
(2) Completed with the following:
a. The information required by (e)(1) through
(e)(8) below; and
b. The opinion required by (e)(9) below;
(3) Signed and dated by the individual completing
the report form; and
(4) Submitted directly to the board by the
individual completing the report form.
(e) The supervised work
experience report form shall contain:
(1) At the head of the form, the name of the
applicant;
(2) The name of the agency,
program, or other entity providing the clinically supervised experience;
(3) The address and telephone number of such
agency, program, or other entity;
(4) The name and title of the supervisor
completing and signing the form or the name and title of the replacement in
accordance with (d)(1)b. above;
(5) Using the “yes” and “no” spaces provided, an
indication of whether the supervisor completing the form personally supervised
and documented the applicant’s work experience;
(6) The state(s) in which the supervisor was authorized
to practice substance use counseling at the time he or she supervised the
applicant;
(7) The number(s) of the supervisor's license(s)
or other authorization(s) to practice substance use counseling at the time he
or she supervised the applicant;
(8) The approximate total number of hours the
supervisor supervised the applicant; and
(9) That supervisor's opinion of the applicant's
competence in the performance of each of the 12 core functions, reported by
checking off one of the following rating choices pre-printed on the form:
a. Acceptable;
b. Not acceptable; or
c. No opportunity for supervision.
(f) The supervisor
report form shall also contain the supervisor's dated signature below the
following statement preprinted on the form:
"I certify that I am
aware that the statutory definition of ‘clinical supervision’ is ‘an ongoing
regularly occurring process of examination, critique, and improvement of a
counselor’s skills, directed by the counselor’s designated clinical supervisor,
and is typically one to one or small group in structure, and utilizes the
methods of intensive case review and discussion, and direct and indirect
observation of clinical practice. I certify that I, or a supervisor responsible
to me, observed and supervised the work of the individual named at the head of
this form, and further certify that the information I have provided on this
form is true to the best of my knowledge and belief.”
(g) The meaning of
the signature beneath the statement in (f) above shall be the signer's:
(1) Certification that the applicant's supervisor
observed and supervised the work of the individual named at the head of the
form;
(2) Certification that the signer
is aware of the quoted statutory definition of "clinical
supervision";
(3) Certification that the information provided
is true to the best of the signer's knowledge and belief; and
(4) Acknowledgement that, pursuant to RSA 641:3,
the knowing making of a false statement on the form is punishable as a
misdemeanor.
Source. #12001, eff 10-13-16
Alc 313.08 Verification of Employment Form.
(a) Applicants for
initial licensure as a licensed alcohol and drug counselor or master licensed
alcohol and drug counselor shall provide a verification of employment form to
each worksite listed on the applicant work experience form described in Alc 313.06.
(b) The verification
of employment form shall be completed by the applicant’s worksite and shall be
submitted directly to the board.
(c) The verification
of employment form shall contain the following information:
(1) The applicant’s name;
(2) The agency or institution name;
(3) The applicant’s title while working at the
agency or institution;
(4) The dates the applicant was so employed;
(5) An indication of whether the applicant was full
time or part time;
(6) The number of days per week the applicant
worked;
(7) The number of hours per day the applicant
worked;
(8) The total number of hours the applicant
worked at the work site; and
(9) The dated signature and title of the
verifying authority.
(d) The verifying
authority shall include a copy of the applicant’s job description with the
completed verification of employment form.
Source. #12001, eff 10-13-16
Alc 313.09 Supervision Agreement.
(a) Prospective
applicants for initial licensure as a licensed alcohol and drug counselor or
master licensed alcohol and drug counselor shall submit a supervision agreement
once they are ready to start accruing supervised work hours, even if they have
not submitted the completed application form described in Alc
313.02.
(b) The supervision agreement
shall contain the following information:
(1) On a page to be completed by the applicant:
a. An indication of whether the applicant is
applying for initial licensure as a licensed alcohol and drug counselor or
master licensed alcohol and drug counselor;
b. The applicant’s name;
c. The applicant’s home address;
d. The applicant’s email address;
e. The applicant’s telephone number;
f. The name of the applicant’s employer;
g. The employer’s address;
h. The employer’s telephone number; and
i. The applicant’s position at the place of
employment;
(2) On a page to be completed by the applicant’s
supervisor;
a. The supervisor’s name;
b. The business name;
c. The business address;
d. The business email address;
e. The business telephone;
f. The supervisor’s position;
g. The supervisor’s credentials and license
number(s); and
h. If the supervisor is not an employee of the
applicant’s clinical site, an attached statement which addresses the following:
1. The supervisor’s relationship to the
candidate’s work site;
2. A statement acknowledging the supervisor will
provide supervision at the applicant’s work site;
3. A copy of a written agreement with the
applicant’s employer that allows the supervisor to review records and files at
the applicant’s work site;
4. A statement that the supervisor has knowledge
of the applicant’s work site policies; and
5. A statement describing how any disagreements
between the supervisor and the agency
supervisor will be resolved;
(3) The applicant’s dated signature below the
following certification:
“As the candidate, I agree
to provide my supervisor with any and all pertinent information concerning all
clients and their care in order to make informed, ethical and efficacious
decisions for client care. I will inform my supervisor if I engage in any clinical
activities outside of this agreement. My supervisor must authorize all of my
clinical activity. I will resolve all ethical dilemmas and practice issues as
directed by my supervisor to the best of my ability. This supervision agreement
does not remove any legal or civil responsibilities that I have for my actions
related to this role”; and
(4) The supervisor’s dated signature below the
following certification:
“As the supervisor, I agree to
provide the candidate with appropriate and efficacious training, guidance and
direction to assure a valuable training experience to meet the requirements for
licensure as a LADC or MLADC. I specifically acknowledge that I will assume
professional and legal responsibility for the candidate and that I will review
and have access to the candidate’s clinical records. If I cease to supervise
the candidate, if my license becomes invalid, restricted, or sanctioned, or if
I wish to terminate my legal and professional responsibility for the
candidate’s acts or omissions, it is my responsibility to so notify the Board
and the candidate in writing, and that until I do, I remain responsible.”
Source. #12001, eff 10-13-16
Alc 313.10 Counselor Evaluation Form. The applicant shall provide a counselor evaluation
form to his or her clinical supervisor, to be completed and returned to the
board by his or her clinical supervisor, which shall contain the following
information:
(a) The applicant’s
name;
(b) The clinical
supervisor’s name;
(c) The clinical
supervisor’s title;
(d) The agency or
institution at which the clinical supervisor works;
(e) The clinical
supervisor’s business address;
(f) The clinical
supervisor’s phone number;
(g) The clinical
supervisors credentials;
(h) The length of
time the clinical supervisor has been at their current work place;
(i) The length of time the clinical supervisor
has supervised the applicant;
(j) On the basis of
the clinical supervisor’s knowledge of the applicant, a rating of the
applicant’s competency in the following areas:
(1) Data collection, including:
a. Knowledge of the elements to be included in a
complete client history;
b. Asking appropriate questions which will
generate information; and
c. Analyzing data presented relative to accuracy
and relevancy;
(2) Diagnosis of alcohol/drug dependence,
including:
a. Knowledge of diagnostic indicators of
alcohol/drug dependence;
b. Differentiating between
substance abuse dependency and alcohol/drug dependency as a primary diagnosis
and other social/psychosocial categories;
c. Determining appropriateness of admission or
referral;
d. Observing and recording behavior not
indicated in primary diagnosis;
e. Formulating client’s personal and diagnostic
data into meaningful information in order to ensure proper treatment; and
f. Integrating the diagnosis of alcohol/drug
dependency with case history;
(3) Initiation of treatment, including:
a. Assessing the motivational level of the
client;
b. Determining the type and frequency of
treatment necessary;
c. Obtaining a treatment commitment from the
client;
d. Setting realistic goals for treatment;
e. Prioritizing goals and objectives;
f. Obtaining mutual understanding between
counselor and client of roles, responsibilities, and potential limitations of
the treatment process; and
g. Formulating and assisting the client to
utilize the treatment plan;
(4) Crisis response, including:
a. Identifying a crisis;
b. Determining its severity;
c. Formulating appropriate crisis response
procedures; and
d. Recognizing medical emergencies;
(5) Knowledge of human growth and development,
including:
a. Physical, social, emotional and intellectual
development;
b. Deficient developmental patterns;
c. Relating life crisis situations to substance
abuse potential;
d. Recognizing the positive and negative
influences of the home and family environment on individual development; and
e. Utilizing this knowledge in a systematic and
realistic counseling strategy;
(6) Counseling, including:
a. Knowledge of counseling approaches and their
underlying theories;
b. Formulating one’s own style of counseling
based on these approaches;
c. Implementing one’s approach;
d. Knowledge of functional and dysfunctional
dynamics within the counseling situation;
e. Identifying these dynamics within counseling
situations;
f. Applying specific counseling approaches in
substance abuse counseling; and
g. Coordinating and synthesizing counseling
approaches in order to update and individualize treatment plan;
(7) Client/counselor therapeutic relationship,
including:
a. Interacting in a manner consistent with the
client’s needs;
b. Knowledge of how the physical environment
relates to the counseling process;
c. Establishing and maintaining rapport;
d. Assisting the client in gaining insight into
unrecognized problems;
e. The ability to empathize;
f. Facilitating the client’s use of problem
solving techniques;
g. Interpreting non-verbal behavior; and
h. Accurately communicating information
regarding the use of mood altering substances;
(8) Evaluation, including:
a. Receiving and responding to supervisory
feedback;
b. Measuring client progress in behavioral
terms;
c. Identifying factors responsible for treatment outcome; and
d. Modifying one’s own behavior as agreed upon in supervision;
(9) Termination and follow-up, including:
a. Determining when termination is appropriate;
b. Formulating a discharge plan with the client;
and
c. Assisting the client in implementing the
discharge plan;
(10) Record keeping, including:
a. Taking notes accurately and compiling information;
b. Documenting client’s progress or lack of the
same;
c. Writing a treatment plan;
d. Communicating case information in written
form; and
e. Writing a discharge summary;
(11) Verbal communication, including:
a. Communicating a sense of knowledge,
confidence, and leadership;
b. Summarizing the treatment process; and
c. Communicating a clear description of client
behavior and its relevance to client issues;
(12) Knowledge of regulatory issues, including:
a. Relevant New Hampshire state laws pertaining to substance abuse,
intervention, treatment, and counseling;
b. Relevant federal laws; and
c. Regulations governing client confidentiality
and client’s rights;
(13) Community utilization, including:
a. Cultural and environmental
influences affecting client behavior;
b. Ancillary services offered in the
community;
c. Limitations of own and other treatment
facilities;
d. Applicable professional literature in
the field of substance abuse from state, federal, and private resources;
e. Basic methodology of Alcoholics Anonymous,
Alanon, and Alateen;
f. Basic methodology of other alcohol and
drug treatment programs;
g. Intervention systems relating to early
identification and treatment of substance abuse;
h. The ability to refer to other community
resources when appropriate;
i. Incorporating other treatment resources
such as consultation, supervision, and education;
j. Contacting and incorporating the
family in the treatment process when appropriate;
k. Coordinating the above factors in order
to assure systematic treatment; and
l. Demonstrating the use of professional
literature in the field of substance abuse;
(14) Knowledge of alcohol and drugs, including:
a. Major classifications of mood
altering substances;
b. Most common drugs within each classification;
c. Effects of most common drugs on the human
body;
d. Quantitative levels of alcohol and their
effects;
e. Drug interaction, synergism, and
potentiation; and
f. Resources to identify unknown drugs;
(15) Knowledge of sociological factors, including:
a. Various cultural influences, both
past and present;
b. Effects of client’s addictive lifestyle on
the family, peer group, and employment situation;
c. Alcohol and drug subculture’s effect involved
in supporting the client in the addictive lifestyle;
d. Relationship of substance abuse to other
sociological variables such as abuse and neglect, other types of victimization,
divorce, and crime; and
e. Sociological factors relating to substance
abuse particular to special populations of race, age, sex, occupation, and
geographic location;
(16) Knowledge of physiological factors,
including:
a. Long and short term physical effects of
substance abuse;
b. Long and short term effects of withdrawal;
c. Tolerance, addiction tolerance, and cross
tolerance;
d. Neurological effects and body processes
involved in recovery;
e. Nutritional effects and body processes
involved in recovery;
f. Effect of use and abuse of drugs on
prenatal development;
g. Genetic research relating to substance abuse;
h. Physiological and medical factors relating to
substance abuse particular to special populations based on race, age, sex,
occupation, and geographic location; and
i. The ability to recognize a medical
emergency relating to substance abuse;
(17) Knowledge of psychiatric factors, including:
a. Short and long term psychological
effects of substance abuse;
b. Psychological factors relating to substance
abuse particular to special populations based on race, age, sex, occupation,
and geographic location;
c. Recognizing the mentally ill substance
abusers;
d. Psychological defense mechanisms; and
e. Psychological effects of withdrawal; and
(18) Knowledge of treatment issues, including:
a. Various treatment components of the continuum
of care, including outpatient services, individual, group, and family
counseling, inpatient rehabilitation, halfway and quarterway
houses, medical detoxification, social setting detoxification, crisis
intervention, and aftercare and follow-up;
b. Progression of addiction;
c. Progression of recovery;
d. Appropriate and inappropriate use of
psychoactive drugs; and
e. The ability to recognize and verbalize sexual
issues as part of treatment;
(k) Completion of
the following evaluator’s statement by inserting the applicant’s name and the
name of the agency or institution, respectively:
“I hereby certify that I
have been in a position to observe and have firsthand knowledge of
_____________ work at __________________”;
(l) A description of
the procedures that the clinical supervisor used to supervise and evaluate the
applicant; and
(m) The clinical
supervisor’s dated signature and title below the following certification:
“I hereby certify that all
of the above information is, to the best of my knowledge, true.”
Source. #12001, eff 10-13-16
Alc 313.11 Professional Reference Form.
(a) Applicants for initial
licensure as a licensed alcohol and drug counselor or master licensed alcohol
and drug counselor shall give a board-provided professional reference form to 3
individuals in the human services field who can attest to the applicant’s
professional skills.
(b) Applicants shall
request that the individuals completing the professional reference form return
the form directly to the board.
(c) The professional
reference form shall contain the following information:
(1) The name of the applicant;
(2) The name of the person providing the
reference;
(3) The telephone number of the person providing
the reference;
(4) The address of the person providing the
reference;
(5) The relationship between the applicant and
the person providing the reference;
(6) The number of years the applicant has known
the person providing the reference;
(7) On the basis of the person providing the
reference’s knowledge of the applicant, a rating of the applicant’s skill in
each of the following areas:
a. Common sense;
b. Poise;
c. Enthusiasm;
d. Reliability;
e. Personal and Professional Honesty;
f. Empathy;
g. Ability to work with others;
h. Ethics;
i. Knowledge of alcohol abuse field;
j. Knowledge of drug field;
k. Effectiveness of counseling techniques;
l Appropriateness of counseling approach; and
m. Communication skills; and
(8) The person providing the reference’s dated
signature and title below the following certification:
“I hereby certify that all
of the above information is, to the best of my knowledge, true.”
Source. #12001, eff 10-13-16
Alc 313.12 Educational and Training Summary Form.
For the purpose of documenting education requirements described in Alc 310.03, applicants shall submit an educational and training
summary form which shall contain the following information:
(a) For the required
minimum 6 hours of training in HIV/AIDS, the following information:
(1) The date(s) the applicant attended the
training(s);
(2) The agency or agencies which sponsored the
training(s);
(3) The categories of competence, outlined in Alc 313.10(j), covered by the training; and
(4) The total number of hours of training
accumulated in HIV/AIDS related training;
(b) For the required
minimum 6 hours of training in ethics, the following information:
(1) The date(s) the applicant attended the
training(s);
(2) The agency or agencies which sponsored the
training(s);
(3) The categories of competence, outlined in Alc 313.10(j), covered by the training; and
(4) The total number of hours of training
accumulated in ethics related training; and
(c) For each
training undertaken to satisfy the remaining 258 hours of required education:
(1) The title of the course or training;
(2) The dates of attendance;
(3) The sponsoring agency;
(4) The categories of competence, outlined in Alc 313.10(j), covered by the training; and
(5) The total number of training contact hours;
(d) For each
training described in Alc 313.12(c), a copy of the
certificate of attendance, to which the applicant shall:
(1) Assign an item number that corresponds to the
respective title of course on the education and training summary report form;
and
(2) Attach to the education and training summary
report form in numerical order;
(e) For each
training described in Alc 313.12(c) that has not been
pre-approved by the board, a description or outline of the training to
accompany the certificate described in part (d) of this section, including a
syllabus or brochure for the program and a description of the category or categories
of competence covered by the training.
Source. #12001, eff 10-13-16
Alc 313.13 The Board’s Processing of Applications for
Initial Licensure as a Licensed Alcohol and Drug Counselor or a Master Licensed
Alcohol and Drug Counselor.
(a) Pursuant to RSA
330-C:20, III the board's office shall submit to the division of state police
the materials and payment required to obtain an applicant's state and federal
criminal conviction reports.
(b) An application for
initial licensure as a licensed alcohol and drug counselor or a master licensed
alcohol and drug counselor shall be considered to be complete when:
(1) The board’s office has received:
a. A completed, signed, and dated application
form;
b. The required additional materials;
c. The applicant's state and federal criminal
conviction reports transmitted to the board by the division of state police;
and
d. Any additional information or documents which
the board has requested pursuant to (c) below; and
(2) The treasurer has transacted the applicant's
check or money order in payment of the total of the license fee.
(c) If the board,
after receiving and reviewing the application materials submitted by the
applicant and the applicant's state and federal criminal history record
reports, requires further information or documents to determine the applicant's
qualification for initial licensure, the board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it
requires.
(d) The application
shall be denied if the application is not complete within 52 weeks of the
receipt by the board's office of the completed application form.
(e) The board shall issue
the license or a written denial of the application within 120 days of the date
that the application is complete.
(f) The board shall
refund the license fee if:
(1) The applicant withdraws the application;
(2) The application is not completed within 52
weeks of receipt by the board's office of the application form; or
(3) The board denies the application.
(g) An applicant
wishing to challenge the board's denial of an application for initial licensure
shall:
(1) Make a written request for a hearing in
accordance with Alc 200; and
(2) Submit this request to the board:
a. Within 60 days of the board's notification of
denial; or
b. If the applicant is on active military duty
outside the United States, within 60 days of the applicant's return to the
United States or release from duty, whichever occurs later.
Source. #12001, eff 10-13-16
PART Alc
314 INITIAL CERTIFICATION AS A LICENSED
CLINICAL SUPERVISOR
Alc 314.01 Eligibility Requirements. An individual shall be eligible for
certification as a clinical supervisor if the individual:
(a) Holds a current
license as a MLADC or LADC;
(b) Has met the
experience requirements set forth in Alc 314.02;
(c) Has met the
supervision requirements as set forth in Alc 314.03;
(d) Has met the
training requirements as set forth in Alc 314.04;
(e) Has passed the
examination specified by Alc 315 and otherwise
complied with the examination procedures of Alc 315;
and
(f) Has complied
with the application procedures set forth in Alc 316.
Source. #12001, eff 10-13-16
Alc 314.02 Experience Eligibility Requirements. Applicants for initial licensure as a
licensed clinical supervisor shall:
(a) Have at least
10,000 hours of experience as an alcohol and drug counselor; and
(b) Have at least
4,000 hours of experience as a clinical supervisor, supervising professionals
providing alcohol and drug counseling, provided that these hours may be
accumulated by the applicant as part of the experience requirements in Alc 314.02(a).
Source. #12001, eff 10-13-16
Alc 314.03 Supervision Requirements.
(a) Applicants for
initial licensure as a clinical supervisor shall have received 200 hours of
face-to-face clinical supervision.
(b) The clinically
supervised direct counseling experience shall:
(1) Be paid or volunteer in nature;
(2) Be performed in one or more of the private or
public settings listed in (d) below; and
(3) Consist in direct counseling services to
clients, whether in the form of individual, couple or group counseling or
intervention, under the clinical supervision described in (c) below.
(c) Such experience
shall be clinically supervised as follows:
(1) Directly and in person by an individual licensed
by the board or authorized by the regulatory board of another state to practice
substance use counseling;
(2) On a schedule of at least 4 hours of clinical
supervision during each month that the person being supervised provides
services to clients; and
(3) By a method which:
a. Complies with the definition in Alc 301.01(c); and
b. Includes the supervisor's
keeping records and making notes which are sufficiently detailed to permit
accurate later assessment of the work of the individual being supervised and
accurate completion of the form described in Alc
313.07.
(d) The settings for
the clinically supervised direct counseling experience in treating substance
use disorders shall be one or more of the following:
(1) A detoxification program;
(2) A substance use counseling program;
(3) A substance use treatment program; or
(4) If working in the substance use aspect of the
program:
a. A mental health program;
b. A hospital program;
c. A program of a rehabilitation facility;
d. A half-way house or transitional living
program;
e. A criminal justice system diversion program;
f. A correctional facility rehabilitation
program;
g. A program of a non-governmental social
service agency, including tax-exempt non-profit organizations;
h. An employee assistance program;
i. A program of a private mental health or
substance abuse practice;
j. The office of a licensed physician; or
k. Any program operated, licensed or otherwise
approved by:
1. The federal government;
2. The government of any state; or
3. The government of a political subdivision of
any state.
Source. #12001, eff 10-13-16
Alc 314.04 Training Requirements.
(a) Applicants for
initial licensure as a clinical supervisor shall have completed 30 hours of
training in clinical supervision, which must include training in each of the
following areas:
(1) Assessment;
(2) Evaluation;
(3) Counselor development;
(4) Management;
(5) Administration; and
(6) Professional responsibility.
(b) Such training
shall be received:
(1) As part of the academic program;
(2) In a program provided, sponsored or approved
by:
a. The board or the licensing body of any other
state within the IC&RC;
b. NAADAC;
c. New Hampshire Training Institute on Addictive
Disorders;
d. New Hampshire Center for Excellence;
e. New England Institute of Addiction Studies;
f. NHTI – Concord’s Community College;
g. The New Hampshire Alcohol and Drug Abuse
Counselors Association;
h. Any educational unit of the New Hampshire
community college system; or
i. Any other public or private agency or
institution, recognized by the Council for Higher Education Accreditation,
providing training in the practice of substance use counseling.
(c) No more than 25%
of required training shall be obtained online, provided that training received
as part of an online degree program shall not count towards the 25% maximum.
Source. #12001, eff 10-13-16
PART Alc
315 EXAMINATION FOR LCS INITIAL
LICENSURE
Alc 315.01 Examination and Examination Procedures.
(a) The examination to
be passed for initial licensure as a licensed clinical supervisor shall be the
IC&RC certified clinical supervisor written examination.
(b) Applicants
intending to take the IC&RC certified clinical supervisor exam shall first:
(1) Register to take the examination; and
(2) Pay the examination administrative charge in
the amount of $115.00 in cash or by using a check or money order made payable
to “Treasurer, State of New Hampshire”.
(c) Applicants shall
not take the IC&RC examination until their checks or money orders have been
transacted.
(d) Applicants
failing the IC&RC examination shall be permitted to retake the examination
upon payment of an examination administrative charge as described in part
(b)(3) of this section.
Source. #12001, eff 10-13-16
PART Alc
316 APPLICATION PROCEDURES FOR INITIAL
LICENSURE AS A LICENSED CLINICAL SUPERVISOR
Alc 316.01 Procedures for Applying for Initial
Licensure as a Licensed Clinical Supervisor. An applicant for initial
licensure as a licensed clinical supervisor shall submit to the board’s office
or otherwise arrange for the board’s office to receive:
(a) A completed
initial licensure application form provided by the board and further described
in Alc 316.02;
(b) The additional
materials described in Alc 316.04;
(c) Payment of the
total of the applicable license fee shown in Alc
317.01 in the form of:
a. Cash; or
b. A check or money order made payable to
“Treasurer, State of New Hampshire”; and
(d) Payment of the
charge made by the division of state police for the issuance of the applicant’s
certified state and federal criminal conviction reports in the form of a check
or money order made payable to “State of New Hampshire-Criminal Records”.
Source. #12001, eff 10-13-16
Alc 316.02 Application Form. The applicant shall furnish the following
information on the application form provided by the board:
(a) On a page
available to the public as a public record:
(1) The applicant’s full name;
(2) The applicant’s work address;
(3) The applicant’s work telephone number;
(4) The applicant’s current license and number;
(5) The month and year the applicant was
originally granted a MLADC or LDAC license; and
(6) An indication that the applicant has read and
agrees to abide by the ethical requirements found in Alc
500.
(b) On a page not
available to the public as a public record:
(1) The applicant’s full name;
(2) The applicant’s home address;
(3) The applicant’s home telephone number;
(4) The applicant’s dated signature below the
following statement preprinted on the application form:
“I certify that at least 2
years (4,000 hours) of my work experience has been clinical supervisory
experience in the AODA field and includes a minimum of 200 contact hours of
face-to-face clinical supervision that I have provided to others I supervise.”
Source. #12001, eff 10-13-16
Alc 316.03 Meaning of the Applicant’s Signature. The applicant’s signature on the application
form shall mean that:
(a) The applicant confirms
that the information provided on the application form and submitted by the
applicant to support his or her application is true, accurate and complete to
the best of his or her knowledge and belief; and
(b) The applicant
acknowledges that the knowing making of a false statement on the application
form is punishable as a misdemeanor under RSA 641:3.
Source. #12001, eff 10-13-16
Alc 316.04 Additional Materials to be Submitted. The additional materials to be submitted by
an applicant for initial licensure as a licensed clinical supervisor shall be:
(a) The completed,
signed and notarized form required by the New Hampshire division of state
police for the issuance and transmission to the board of the applicant's state
and federal criminal conviction reports;
(b) On a fingerprint
card furnished by the board, the set of fingerprints required by the New
Hampshire division of state police for the issuance of the applicant's state
and federal criminal conviction reports;
(c) Unless the
information is available only on a secure website, an official letter of
verification sent directly to the board from every jurisdiction which has
issued a license, certificate or other authorization to practice clinical
supervision stating:
(1) Whether the license certificate or other
authorization is or was, during its period of validity, in good standing; and
(2) Whether any disciplinary action was taken
against the licensee, certificate, or other authorization to practice;
(d) For the purpose
of documenting receipt of the required hours of experience in alcohol and drug
counseling, as many completed board-provided paid work experience report forms
further described in Alc 316.05 as are necessary to
document all of the applicant's hours of experience;
(e) For the purpose of
documenting receipt of the required hours of training in clinical supervision,
as many completed board-provided forms further described in Alc
316.06 as are necessary to document all of the applicant’s hours of training in
clinical supervision; and
(f) Original or
photocopied certificates indicating the applicant has completed any training
listed on the form described in part (e) of this section.
Source. #12001, eff 10-13-16
Alc 316.05 Report Form Documenting Hours of
Experience as an Alcohol and Drug Counselor. The report form documenting hours of
experience as a licensed alcohol and drug counselor or master licensed alcohol
and drug counselor shall require:
(a) The applicant’s
full name;
(b) The date the
form was completed;
(c) The information detailed
in (d) below to be reported separately for each site of the applicant’s paid
work experience for the previous 10 years, listed in sequential order;
(d) The provision of
the following information:
(1) The applicant’s job title;
(2) The dates of employment;
(3) The duties performed by the applicant;
(4) The percentage of the applicant’s time spent
in alcohol or drug abuse counseling;
(5) Whether the job was full time, part time or, if
neither, an explanation of the structure of employment;
(6) The hours worked per week;
(7) The employer’s name;
(8) The employer’s address;
(9) The employer’s telephone;
(10) The applicant’s supervisor’s name; and
(11) The total number of hours of experience
earned at this job site.
Source. #12001, eff 10-13-16
Alc 316.06 Clinical Supervision Training Form. The report form documenting hours of training
in clinical supervision shall require:
(a) The date of the
training;
(b) The title of the
training;
(c) A description of
the training course and goals;
(d) The sponsor and presenter
of the training;
(e) The number of
contact hours included in the training;
(f) From the list
outlined in Alc 316.04(a), the topic area addressed
by the training; and
(g) Attached as
extra sheets, copies of certificates and other supporting documentation
verifying that such training has been completed.
Source. #12001, eff 10-13-16
Alc 316.07 The Board’s Processing of Applications for
Initial Licensure as a Licensed Clinical Supervisor.
(a) Pursuant to RSA
330-C:20, III, the board’s office shall submit to the division of state police
the materials and payment required to obtain an applicant’s state and federal
criminal conviction reports.
(b) An application
for initial licensure as a licensed clinical supervisor shall be considered
complete when:
(1) The board’s office has received:
a. A completed, signed and dated application
form;
b. The required additional materials;
c. The applicant’s state and federal criminal
conviction reports transmitted to the board by the division of state police;
and
d. Any additional information or documents which
the board has requested pursuant to (c) below; and
(2) The treasurer has transacted the applicant’s
check or money order in payment of the total of the license fee.
(c) If the board,
after receiving and reviewing the application materials submitted by the
applicant and the applicant's state and federal criminal history record
reports, requires further information or documents to determine the applicant's
qualification for initial licensure, the board shall:
(1) So notify the applicant in writing within 60
days; and
(2) Specify the information or documents it
requires.
(d) The application
shall be denied if the application is not complete within 52 weeks of the
receipt by the board's office of the completed application form.
(e) The board shall
issue the license or a written denial of the application within 120 days of the
date that the application is complete.
(f) The board shall
refund the license fee if:
(1) The applicant withdraws the application;
(2) The application is not completed within 52
weeks of receipt by the board's office of the application form; or
(3) The board denies the application.
(g) An applicant
wishing to challenge the board's denial of an application for initial licensure
shall:
(1) Make a written request for a hearing in
accordance with Alc 200; and
(2) Submit this request to the board:
a. Within 60 days of the board's notification of
denial; or
b. If the applicant is on active military duty
outside the United States, within 60 days of the applicant's return to the
United States or release from duty, whichever occurs later.
Source. #12001, eff 10-13-16
PART Alc
317 FEES
Alc 317.01 Fee Schedule. The board’s fees shall be the fees on the
schedule set forth in Table 300-1.
Table 300-1 Fees Charged by the Board of Licensing for
Alcohol and Other Drug Use Professionals
Type of Fee |
Fee |
|
|
Examination administrative
charge |
115.00 |
LADC initial license |
110.00 |
MLADC initial license |
240.00 |
LCS initial license |
110.00 |
CRSW initial certification |
110.00 |
LADC renewed license |
110.00 |
MLADC renewed license |
240.00 |
LCS renewed license |
110.00 |
CRSW renewed certification |
110.00 |
Reinstatement of
certification |
100.00 |
Reinstatement of license |
100.00 |
Transcribing and copying
records |
.10 per page |
Sale of list of licensees
and certification holders (updated monthly) |
50.00 |
Verification of license or
certification status, or of educational credentials |
no charge |
Source. #12001, eff 10-13-16
CHAPTER Alc
400 ONGOING REQUIREMENTS
PART Alc 401 DEFINITIONS
Alc
401.01 Definitions.
(a)
“Board” means the board of licensing for alcohol and other drug use
professionals.
(b) “Certified recovery support worker
(CRSW)” means “certified recovery support worker” as defined in RSA 330-C:2,
namely, “an individual certified by the board to provide recovery support to
persons with substance use disorders.”
(c)
“Clinical supervision” means “clinical supervision” as defined in RSA
330-C:2, VI, namely, “an ongoing, regularly occurring process of examination,
critique, and improvement of a counselor's skills, directed by the counselor's
designated clinical supervisor, and is typically one-to-one or small group in
structure, and utilizes the methods of intensive case review and discussion,
and direct and indirect observation of clinical practice”.
(d)
“Inactive status” means a board-approved period of time during which a
licensee or certificate holder does not provide substance use counseling
services but wishes to preserve their license or certificate until such time as
they petition the board for a return to active status.
(e)
“Independent practice” means the practice of substance use counseling
that does not require supervision.
(f)
“Licensed alcohol and drug counselor (LADC)" means an individual
licensed by the board to practice substance use counseling within the scope of
practice set forth in RSA 330-C:11.
(g)
“Licensed clinical supervisor” means “licensed clinical supervisor” as
defined in RSA 330-C:2, XIV, namely, “an individual licensed by the board to
practice and supervise substance use counseling.”
(h)
“Master licensed alcohol and drug counselor (MLADC)” means an individual
licensed by the board to practice substance use counseling within the scope of
practice set forth in RSA 330-C:10.
(i) “Peer collaboration” means ongoing regularly
occurring clinical consultation:
(1) With an individual or small group of
individuals who are MLADCs, LADCs, mental health professionals, nursing
professionals or other medical professionals with expertise in alcohol and drug
treatment; and
(2) About clinical issues in substance use
counseling or cases involving substance use.
(j)
“Qualified service organization” means “qualified service organization”
as defined by 42 CFR 2.11.
(k)
“Substance use” means the use of alcohol or other drugs, or both, to the
extent or frequency that it impairs or endangers the user's health, social or
economic function, or the health and welfare of others.
Source. #9199, EMERGENCY RULE, eff 7-1-08, EXPIRED:
12-28-08
New. #9356, eff 1-9-09; ss by #10273, eff 2-20-13;
ss by #12548, eff 7-1-18
PART Alc 402
CERTIFICATION AND LICENSURE RENEWALS
Alc
402.01 Certification and Licensure
Expiration Dates and Filing Deadlines for Renewals.
(a)
Initial certifications and licenses shall be valid for 2 full years and
shall automatically expire after the second full year of licensure or
registration.
(b)
All other certifications and licenses shall automatically expire on July
1st, 2 years following the last date the license or registration expired.
(c)
Certifications and licenses shall be renewed on or before June 30 in the
year in which the certification or license is to expire.
(d)
Notwithstanding (a) – (c) above, certification holders and licensees
shall have a grace period of 30 days after expiration in which to renew
retroactively if the certification holder or licensee:
(1) Is otherwise entitled to have his or her
certification or license renewed; and
(2) Pays the late fee described in Alc 415.01.
Source. #9199, EMERGENCY RULE, eff 7-1-08, EXPIRED:
12-28-08
New. #9356, eff 1-9-09; ss by #10273, eff 2-20-13;
ss by #12548, eff 7-1-18
PART Alc
403 REQUIREMENTS FOR RENEWAL
Alc
403.01 CRSWs. CRSWs who wish to renew their certification
shall:
(a)
Comply with the supervision requirements described in Alc 404;
(b)
Comply with the continuing education requirements described in Alc 409.01;
(c)
Complete and submit the renewal application described in Alc 411.01(a);
(d)
If selected for audit pursuant to Alc 410,
submit documentation demonstrating compliance with continuing education
requirements; and
(e)
Pay the renewal fee described in Alc 415.01.
Source. #9199, EMERGENCY RULE, eff 7-1-08, EXPIRED:
12-28-08
New. #9356, eff 1-9-09; ss by #10273, eff 2-20-13;
ss by #12548, eff 7-1-18
Alc
403.02 LADCs. LADCs who wish to renew their license shall:
(a)
Comply with the supervision requirements described in Alc 405 or, if applicable, the peer collaboration
requirements described in Alc 408;
(b)
Comply with the continuing education requirements described in Alc 409.02;
(c)
Complete and submit the renewal application described in Alc 411.01(b);
(d)
If selected for audit pursuant to Alc 410,
submit documentation demonstrating compliance with continuing education
requirements; and
(e)
Pay the renewal fee described in Alc 415.01.
Source. #9199, EMERGENCY RULE, eff 7-1-08, EXPIRED:
12-28-08
New. #9356, eff 1-9-09; ss by #10273, eff 2-20-13
(from Alc 403.03); ss by #12548, eff 7-1-18
Alc 403.03 MLADCs.
MLADCs who wish to renew their license shall:
(a)
Comply with the supervision requirements described in Alc 406 or, if applicable, the peer collaboration
requirements described in Alc 408;
(b)
Comply with the continuing education requirements described in Alc 409.02;
(c)
Complete and submit the renewal application described in Alc 411.01(c);
(d)
If selected for audit pursuant to Alc 410, documentation
demonstrating compliance with continuing education requirements; and
(e)
Pay the renewal fee described in Alc 415.01.
Source. #12548, eff 7-1-18
Alc 403.04 Licensed
Clinical Supervisors. Licensed
clinical supervisors who wish to renew their license shall:
(a)
Comply with the continuing education requirements described in Alc 409.03;
(b)
Complete and submit the renewal application described in Alc 411.01(d);
(c)
If selected for audit pursuant to Alc 410,
submit documentation demonstrating compliance with continuing education,
supervision, and peer collaboration requirements; and
(d)
Pay the renewal fee described in Alc 415.01.
Source. #12548, eff 7-1-18
Alc 403.05 Workforce Survey.
(a)
Pursuant to RSA 126-A:5, XVIII-a (a) and RSA 330-C:9-a, licensees shall complete,
as part of their renewal application, the New Hampshire division of public
health service’s Health Professions Survey, “New Hampshire Alcohol and Drug
Counselor Licensure Survey”, effective March 2018, issued by the state office
of rural health and primary care, department of health and human services.
(b)
The board shall provide licensees with the opportunity to opt out of the
survey. Written notice of the opt-out
opportunity shall be provided with the renewal application. The opt out form
will be available on the NH state office of rural health and primary care
website and the board’s website.
(c)
Licensees choosing to opt-out of the survey shall complete, sign and
return the “New Hampshire Health Professions Survey Opt-Out Form”, effective
March 2018, to the state office of rural health and primary care, department of
health and human services, via one of the following:
(1) Mail;
(2) Email; or
(3) Fax.
(d)
Information contained in the opt-out forms shall be kept confidential in
the same accord with the survey form results, pursuant to RSA 126-A:5
XVIII-a(c).
Source. #12548, eff 7-1-18
PART Alc 404 SUPERVISION
OF CRSWS
Alc
404.01 Required Supervision of CRSWs. A CRSW shall be supervised:
(a)
By one or more supervisors meeting one of the descriptions set forth in Alc 404.02; and
(b)
For at least 2 hours per month in which the certificate holder is
practicing.
Source. #12548, eff 7-1-18
Alc
404.02 Eligibility to Provide
Supervision to a CRSW. Individuals
eligible to provide supervision to a CRSW shall be:
(a)
CRSWs who have been certified for one year and have taken 6 hours of
supervisory training and 6 hours of practical training which has been approved
by the board pursuant to Alc 409.02;
(b)
LADCs who have taken 6 hours of training in the 4 domains of recovery
which has been approved by the board pursuant to Alc
409.02;
(c)
MLADCs who have taken 6 hours of training in the 4 domains of recovery
which has been approved by the board pursuant to Alc
409.02;
(d)
Licensed clinical supervisors who have taken 6 hours of training in the
4 domains of recovery which has been approved by the board; or
(e)
Individuals meeting the requirements of Alc
405.03 or Alc 406.02 who have at least 6 hours of training in the 4 recovery
performance domains.
Source. #12548, eff 7-1-18
Alc 404.03 Supervision Types and Hours.
(a)
Supervision of CRSWs shall be:
(1) Individual one-on-one; or
(2) Group supervision in a setting of no more
than 8 CRSWs and the supervisor.
(b)
The minimum number of hours of supervision shall be at least one hour
per week while practicing.
Source. #12548, eff 7-1-18
Alc 404.04 Administrative
Obligations of Supervised CRSWs. CRSWs
shall:
(a) Give a copy of Alc
404 to their supervisors;
(b) Maintain records of the dates and hours they
receive supervision and the name(s) of the supervisor(s); and
(c) On the basis of such records, prepare a
cumulative statement containing the following:
(1)
For each week identified by calendar date, the number of hours of
individual supervision received and the number of hours of group supervision
received;
(2) The credentials, printed
name(s), and signature(s) of the supervisor(s) providing the supervision; and
(3)
The printed name and signature of the CRSW preparing the statement and
the date of the signature.
Source. #12548, eff 7-1-18
Alc
404.05 Obligations of Supervisors.
(a)
Supervisors for CRSWs shall:
(1) Become familiar with Alc
404 before beginning to provide supervision; and
(2) If temporarily unable to perform supervision,
ensure that a substitute supervisor who meets the eligibility standards of Alc 404.02 is available to continue supervision.
(b)
Supervisors licensed or certified by the board shall be subject to
disciplinary action if they fail to meet their responsibilities under RSA 330-C
and the board’s administrative rules.
Source. #12548, eff 7-1-18
PART Alc 405 CLINICAL
SUPERVISION OF LADCs
Alc
405.01 Scope. The clinical supervision requirements set
forth in Alc 405 shall apply to LADCs other than
those LADCs who were in independent practice before July 1, 2008 and continue
in independent practice.
Source. #12548, eff 7-1-18
Alc
405.02 Required Clinical Supervision. A LADC subject to clinical supervision
requirements shall be clinically supervised:
(a)
By one or more supervisors meeting one of the descriptions set forth in Alc 405.03;
(b)
On at least one occasion during each week that the licensee is engaged
in practice; and
(c)
In the setting, and for the number of hours each week, specified by Alc 405.04.
Source. #12548, eff 7-1-18
Alc
405.03 Eligibility to Provide
Clinical Supervision. Individuals
eligible to provide clinical supervision to LADCs shall be:
(a)
MLADCs;
(b)
LADCs who have had at least 2 years of experience in the active practice
of substance use counseling;
(c)
Licensed clinical supervisors;
(d)
Psychiatric advanced practice registered nurses who have had at least 2
years of experience in the active practice of substance use counseling and who
have passed the International Certification and Reciprocity Consortium
(IC&RC) international written advanced alcohol and other drug abuse
counselor examination developed in 2008;
(e)
Licensees of the board of mental health practice or board of psychology
with 2 years of experience in substance use disorder counseling who:
(1) Have passed the current IC&RC
international written advanced alcohol and other drug counselor examination; or
(2) Hold professional certification in their
respective disciplines in substance use disorder; and
(f)
Individuals approved for supervision pursuant to Alc
407.
Source. #12548, eff 7-1-18
Alc
405.04 Supervision Types and Hours.
(a)
Clinical supervision of LADCs shall be:
(1) Individual one-on-one; or
(2) Group supervision in a setting of no more
than 8 licensees and the supervisor.
(b)
The minimum number of hours of clinical supervision per week shall be at
least one hour per week, for at least 48 weeks of the calendar year while
engaged in practice.
Source. #12548, eff 7-1-18
Alc
405.05 Administrative Obligations of
Supervised LADCs. LADCs shall:
(a)
Give a copy of Alc 405 to their clinical
supervisors;
(b)
Maintain records of the dates and hours they receive clinical
supervision and the name(s) of the supervisor(s); and
(c)
On the basis of such records, prepare a cumulative statement containing
the following:
(1) For each week identified by calendar date,
the number of hours of individual supervision received and the number of hours
of group supervision received;
(2) The credentials, printed name(s), and
signature(s) of the supervisor(s) providing the clinical supervision; and
(3) The printed name and signature of the
counselor preparing the statement and the date of the signature.
Source. #12548, eff 7-1-18
Alc
405.06 Obligations of Supervisors.
(a)
Clinical supervisors for LADCs shall:
(1) Become familiar with Alc
405 before beginning to provide clinical supervision; and
(2) If temporarily unable to perform supervision,
ensure that a substitute supervisor who meets the eligibility standards of Alc 405.02 is available to continue supervision.
(b)
Clinical supervisors licensed by the board shall be subject to
disciplinary action if they fail to meet their responsibilities under RSA 330-C
and the board’s administrative rules.
Source. #12548, eff 7-1-18
PART Alc 406 CLINICAL
SUPERVISION OF MLADCs
Alc
406.01 Clinical Supervision of
MLADCs. A MLADC who chooses to engage
in clinical supervision requirements shall be clinically supervised:
(a)
By one or more supervisors meeting the description set forth in Alc 406.02; and
(b)
In the setting, and for the number of hours each week, specified in Alc 406.03.
Source. #12548, eff 7-1-18
Alc
406.02 Eligibility to Provide
Clinical Supervision to an MLADC. Individuals
eligible to provide clinical supervision to a MLADC shall be MLADCs who have
had at least 2 years of experience in the active practice of substance use and
co-occurring disorders counseling.
Source. #12548, eff 7-1-18
Alc
406.03 Supervision Type and Hours. Master licensed alcohol and drug counselors
who choose to engage in clinical supervision shall obtain a total of at least
26 hours per 12-month period of:
(a)
Clinical supervision per year in an individual or small group setting;
or
(b)
Peer collaboration pursuant to Alc 408.
Source. #12548, eff 7-1-18
Alc
406.04 Administrative Obligations of
Supervised MLADCs. MLADCs shall:
(a)
Provide a copy of Alc 406.04 and Alc 406.05 to their clinical supervisors;
(b)
Maintain records of the dates and hours they receive clinical
supervision and the name(s) of the supervisor(s); and
(c)
On the basis of such records, prepare a cumulative statement containing
the following:
(1) For each week identified by calendar date,
the number of hours of individual supervision received and the number of hours
of group supervision received;
(2) The credentials, printed name(s), and
signature(s) of the supervisor(s) providing the clinical supervision; and
(3) The signature of the counselor preparing the
statement and the date of the signature.
Source. #12548, eff 7-1-18
Alc
406.05 Obligations of Supervisors. Clinical supervisors of MLADCs shall:
(a)
Become familiar with Alc 406 before beginning
to provide clinical supervision;
(b)
If temporarily unable to perform supervision, ensure that a substitute
supervisor who meets the eligibility standards of Alc
405.02 is available to continue supervision; and
(c)
Review for accuracy the statements called for by Alc
406.04 and sign them if they are accurate.
Source. #12548, eff 7-1-18
PART Alc 407 APPROVAL OF
SUPERVISORS
Alc
407.01 Scope. This part shall apply to individuals seeking
to provide supervision pursuant to Alc 405 who are
not otherwise licensed by the board.
Source. #12548, eff 7-1-18
Alc
407.02 Approval Required.
(a)
Individuals seeking to provide supervision pursuant to Alc 405 shall submit the “Approved Supervisor Application”
form, effective February 2017, to the board prior to providing such
supervision.
(b)
The board shall approve any supervisor application that demonstrates the
applicant meets the eligibility requirements found in Alc
405.03 (d) and (e).
(c)
An approved supervisor seeking to retain his or her approval status
shall submit to the board a copy of his or her valid, active professional
license each time such license is renewed with any other agency through which
the supervisor is licensed.
(d)
The board shall maintain an updated list of supervisors who are
currently approved to provide supervision to individuals certified or licensed
by the board.
Source. #12548, eff 7-1-18
PART Alc 408 PEER
COLLABORATION
Alc
408.01 Scope. The peer collaboration requirements set forth
in this part shall apply to:
(a)
Licensed LADCs in independent practice before July 1, 2008 and
continuing in independent practice; and
(b)
MLADCs.
Source. #12548, eff 7-1-18 (formerly Alc 402.01)
Alc
408.02 Peer Collaboration.
(a)
Licensees shall complete 26 hours of peer collaboration each 12-month
period that begins on the date of the issuance of the license or renewal
license.
(b)
Peer collaboration shall:
(1) Conform to the definition in Alc 401.01(e),
(2) Be in person or by teleconference; and
(3) Take place:
a. In a small-group setting of 8 or fewer
individuals; or
b. Between 2 or more individuals related as
peers.
(c)
Unless the peers are within the same organization or agency, licensees
shall exclude personally identifiable information about clients in all peer
collaboration discussions and consultations except when the clients have given
written and signed authorizations for the inclusion of such information.
Source. #12548, eff 7-1-18 (formerly Alc 403.01)
Alc
408.03 Documentation of Peer
Collaboration.
(a)
Licensees shall document each instance of peer collaboration with a
photocopy of a written statement:
(1) Including:
a. The date of the peer collaboration;
b. The printed names and license held by each
participant; and
c. The duration of the peer collaboration stated
in hours and minutes; and
(2) Signed by the other participant(s) in the
peer collaboration.
(b)
Licensees shall retain such documents until they are required to submit
them to the board:
(1) As part of their applications for renewal of
licensure; or
(2) At any other time on the request of the
board.
Source. #12548, eff 7-1-18 (formerly Alc 403.02)
PART Alc 409 CONTINUING
EDUCATION
Alc
409.01 Requirements for CRSWs.
(a)
As a condition of renewal, CRSWs shall complete 12 hours of continuing
education during each 2 year certification period.
(b)
At least 6 of the required 12 hours shall be pre-approved by the board.
(c)
No more than 3 hours shall be received in online continuing education
courses.
(d)
At least 6 of the required hours shall cover ethics, and at least 3 of
the required hours shall cover suicide prevention.
Source. #12548, eff 7-1-18
Alc
409.02 Requirements for MLADCs.
(a)
As a condition of renewal, LADCs and MLADCs shall have completed 48
hours of continuing education in substance use disorder training during the
immediately preceding 24 month period.
(b)
At least 24 of the required 48 hours shall be pre-approved by the board.
(c)
No more than 12 of the 48 hours shall be received in online continuing
education courses, provided that courses taken as part of an online degree
program shall not be counted towards this 12- hour maximum.
(d)
At least 12 hours shall be specific to the following categories of
competence:
(1) Data collection;
(2) Diagnosis of substance use disorder;
(3) Knowledge of alcohol and drugs;
(4) Knowledge of sociological factors;
(5) Knowledge of physiological factors;
(6) Knowledge of psychiatric factors; and
(7) Knowledge of treatment issues.
(e)
Licensees shall obtain at least 6 hours in ethics and 6 hours in suicide
prevention.
(f)
Licensees shall be permitted to substitute up to 10 hours of continuing
education for an equivalent amount of time as a presenter of continuing
education courses.
Source. #12548, eff 7-1-18
Alc
409.03 Requirements for Licensed
Clinical Supervisors. As a condition
of renewal, licensed clinical supervisors shall complete at least 6 hours of
training in clinical supervision during each 2 year license period, provided
that licensees shall be permitted to incorporate these 6 hours into the hours
needed for licensure renewal under Alc 409.02.
Source. #12548, eff 7-1-18
Alc
409.04 Pre-Approval of Continuing
Education Courses.
(a)
Organizations or providers of continuing education in substance use counseling
that seek pre-approval of continuing education courses shall submit a completed
“Continuing Education Pre-Approval” form, effective March 2018 and available on
the board’s website, to the board at least 6 weeks prior to the anticipated
date on which the continuing education program will be offered. Included with
the completed form shall be a blank copy of the evaluation form used to rate instructors/presenters.
(b)
Completed applications shall be reviewed by the peer review committee
and recommended for pre-approval, before being passed to the board.
(c)
Continuing education offered by the following organizations shall be
automatically approved by the board if such courses relate to one of the 18
categories of competence as outlined in Alc
313.10(j):
(1) An IC&RC member board;
(2) NAADAC;
(3) New Hampshire Training Institute on Addictive
Disorders;
(4) New Hampshire Center for Excellence;
(5) AdCare Educational
Institute of New England;
(6) NHADACA;
(7) Any educational unit of the New Hampshire
community college system;
(8) The department of health and human services
bureau of drug and alcohol services; or
(9) The Addiction Technology Transfer Center.
(d)
A course, seminar, or other event conducted or sponsored by any other
college, university, or school permitted to grant degrees in the disciplines of
life science, biological science, sociology, psychology, or public health shall
be considered to be approved for purposes of these rules if the content of the
event is in any of the performance domains of assessment, counseling, case
management, education, or professional responsibility.
(e)
Clinical supervision and staff meetings shall not be approved as
continuing education.
Source. #12548, eff 7-1-18
Alc
409.05 Documentation of Continuing
Education.
(a)
For each pre-approved continuing education program attended, licensees
and certification holders shall retain, for no less than 6 years, a certificate
of completion containing the information described in (b) below.
(b)
Certificates of completion shall contain the following information:
(1) Identification of the categories of
competence covered by the training;
(2) Identification of whether the education was
pre-approved;
(3) A description of the performance domains
covered by the training;
(4) The qualifications of the presenter;
(5) The number of hours the training provided;
and
(6) A certification that the training was
specific to the field of substance use counseling.
(c)
For each continuing education program attended that has not been pre-approved,
licensees and certification holders shall retain, for no less than 6 years,
supporting documentation as described in (d) below that demonstrates the
program complies with Alc 409.01 through Alc 409.03.
(d)
Documentation sufficient to demonstrate an unapproved course’s
compliance with the continuing education requirements of this section shall
include a course syllabus or other similar documentation which contains the
information described in (b)(1) – (5) above.
Source. #12548, eff 7-1-18
PART Alc 410 AUDIT
PROCEDURE FOR CONTINUING EDUCATION, SUPERVISION, AND PEER COLLABORATION
Alc
410.01 Audit Procedure.
(a)
In each renewal cycle, the board shall randomly select 10% of
certified recovery support workers, 10%
of LADCs, 10% of MLADCs, and 10% of licensed clinical supervisors for audit of
compliance with:
(1) Continuing education requirements; and
(2) As applicable, supervision or peer
collaboration requirements.
(b) Those licensees or certification
holders selected for audit shall submit documentation demonstrating compliance
with the continuing education requirements outlined in Alc
409.01 – Alc 409.05.
(c)
Those licensees or certification holders selected for audit shall submit
the following documentation to demonstrate compliance with the supervision and,
as applicable, peer collaboration requirements outlined in Alc
405 and Alc 406:
(1) For CRSWs, the statement called for by Alc 404.04(c);
(2) For licensed drug and alcohol counselors:
a. If engaged in supervision, the statement
called for by Alc 405.05(c); or
b. If engaged in peer collaboration pursuant to Alc 408, documentation which meets the requirements of Alc 408.03; and
(3) For MLADCs:
a. If engaging in supervision, the statement
called for by Alc 406.04(c); or
b. If engaged in peer collaboration pursuant to Alc 408, documentation which meets the requirements of Alc 408.03.
Source. #12548, eff 7-1-18
PART Alc 411 RENEWAL
APPLICATIONS
Alc
411.01 Renewal Applications. Certification holders and licensees seeking
renewal shall submit the following board provided renewal applications:
(a)
For CRSWs, the “CRSW Recertification Application”, effective March 2018;
(b)
For LADCs and MLADCs, the “LADC/MLADC Renewal Application”, effective
March 2018;
(c)
For LADCs who are licensed clinical supervisors, the “Licensed Alcohol
and Drug Counselor and Licensed Clinical Supervisor Application”, effective
March 2018; and
(d)
For MLADCs who are licensed clinical supervisors, the “Master Licensed
Alcohol and Drug Counselor and Licensed Clinical Supervisor Application”,
effective March 2018.
Source. #12548, eff 7-1-18
PART Alc 412 INACTIVE
STATUS
Alc 412.01 Inactive
Status.
(a) Inactive status may be obtained by a licensee
or certificate holder who:
(1) Holds a
current license or certificate with the board;
(2) Has no
disciplinary action or pending disciplinary action;
(3) No longer engages
in substance use counseling in New Hampshire;
(4) Completes
and submits the “Request for Inactive Status” form, effective January 2017; and
(5) Pays the
fee designated in Alc 415.01 biennially.
(b) A licensee or certificate holder granted
inactive status shall renew or reinstate their inactive license on or before
the biennial date his or her license would otherwise lapse.
(c) Licensees or certificate holders wishing to
maintain inactive status shall complete and submit the “Renewal of Inactive
Status” form, dated January 2017, and
pay the required fee designated in Alc 413.01.
(d) Licensees or certificate holders in any
reserve component of the armed forces of the United States or the National
Guard called to active duty, may request inactive license status. Such
licensees or certificate holders shall not be required to pay the fee outlined
in Alc 415.01.
(e) Licensees or certificate holders wishing to
reactivate his or her inactive license or certificate shall:
(1) Complete
and submit the “Reactivation Application” form, dated January 2017, as supplied
by the board;
(2) Submit
documentation of compliance with his or her continuing education requirements
within 2 years prior to the date of the application; and
(3) Pay the fee
specified by Alc 415.01.
Source. #12548, eff 7-1-18
PART Alc 413 DISCIPLINARY
MATTERS
Alc
413.01 Initiation of Disciplinary
Action. The board shall undertake
misconduct investigations, settlements of misconduct allegations, or disciplinary
hearings, when warranted, in response to any information which reasonably
suggests that a licensee has engaged in professional misconduct.
Source. #12548, eff 7-1-18
Alc
413.02 Disciplinary Sanctions.
(a)
Other than immediate license suspensions authorized by RSA 541-A:30, III
the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be
heard; or
(2) Pursuant to a mutually agreed upon settlement
or consent decree.
(b)
When the board receives notice that a licensee has been subjected to
disciplinary action related to professional conduct by the licensing authority
of another jurisdiction or other New Hampshire professional board, the board
shall issue an order providing the opportunity for a hearing and directing the
licensee to demonstrate why reciprocal discipline should not be imposed in New
Hampshire.
(c)
In a disciplinary proceeding brought on the basis of discipline imposed
in another jurisdiction the certificate holder shall be subject to any
disciplinary sanction authorized by
(d)
After a finding that misconduct has occurred, the board shall impose one
or more of the disciplinary sanctions authorized by
(e)
The board shall determine the sanctions to be imposed after considering
the presence of aggravating or mitigating circumstances as specified in Alc 413.02 (f) and (g).
(f)
The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) The licensee’s prior disciplinary record;
(3) Lack of willingness to cooperate with the
board;
(4) Potential harm to public health and safety;
and
(5) The purpose of the rule or statute violated.
(g)
The following shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary record;
(2) Willingness to cooperate with the board;
(3) Acknowledgment of his or her wrongdoing; and
(4) The purpose of the rule or statute violated.
(h)
After consideration of the aggravating and mitigating circumstances
described in (f) and (g) above, the board shall impose the sanction most likely
to:
(1) Protect public health and safety;
(2) Prevent future misconduct by the licensee;
(3) Take into account any acknowledgement of
fault by the licensee and any cooperation by the licensee with the board’s
investigation of misconduct;
(4) Correct any attitudinal, educational or other
deficiencies which led to the licensee’s misconduct;
(5) Encourage the responsible practice of
substance use counseling; and
(6) Demonstrate to the licensee and the public
the board’s intention to ensure that its licensees practice in accordance with
applicable law and the public welfare.
(g)
No hearing date established in a proceeding conducted under Alc 412.02 shall be postponed at the request of the
licensee unless the licensee also agrees to continue the suspension period
pending issuance of the board’s final decision.
(h)
Copies of board orders imposing disciplinary sanctions and copies of all
settlement agreements or consent decrees shall be sent to the licensing body of
each state in which the licensee is licensed and to such other entities,
organizations, associations, or boards as are required to be notified under
applicable state or federal law, or which have a legitimate professional
interest in the decision and may receive notice consistent with applicable
state or federal law.
Source. #12548, eff 7-1-18
Alc
413.03 Administrative Fines.
(a)
Adjudicative procedures seeking the assessment of an administrative fine
shall be commenced against any person subject to such fines under any provision
of RSA 330-C:27, III when the board possesses evidence indicating that a
violation has occurred.
(b)
When persons subject to the board’s disciplinary authority are directed to
pay administrative fines in accordance with Alc
413.02, the fine amounts shall be assessed in accordance with the factors
stated in Alc 413.02 (f) and (g) and the following
additional considerations:
(1) The cost of any investigation or hearing
conducted by the board; and
(2) The licensee’s ability to pay an
administrative fine assessed by the board.
(c)
Administrative fines shall not exceed the following amounts:
(1) When no violation of the same type has
occurred within the 5 years preceding the board’s notice to the respondent, the
fine assessed shall not exceed $150.00 per day for ongoing offenses or
$1,000.00 per offense whichever is greater;
(2) When a single disciplinary infraction of the
same type has occurred within the 5 years preceding the board’s notice to the
respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00 per
offense whichever is greater; and
(3) When more than one disciplinary infraction of
the same type has occurred within the 5 years preceding the board’s notice to
the respondent the fine assessed shall not exceed $250.00 per day or $2,000.00 per offense whichever is greater.
(d)
In the case of continuing violations, a separate fine shall be assessed
for each day the violation continues except that a single course of continuing
conduct shall be treated as a single violation for purposes of Alc 413.03 (c).
Source. #12548, eff 7-1-18
Alc
413.04 Procedures for Assessing and
Collecting Administrative Fines.
(a)
Payment of an administrative fine shall be included among the options
available for settling disciplinary allegations, and shall be included among
the types of disciplinary sanctions imposed after notice and hearing.
(b)
In cases where the board initially intends to limit disciplinary
sanctions to an administrative fine, the board shall issue a “notice of apparent
liability” describing the alleged offense, stating the amount of the assessed
fine, and notifying the alleged offender that he or she shall pay the fine by a
certain date or request that an administrative hearing be held. If a hearing is requested, the notice of
apparent liability shall be withdrawn and a notice of hearing shall be
issued. In such hearings, the board’s
disciplinary options shall not be limited to the assessment of an
administrative fine.
(c)
Nonpayment of an administrative fine by a licensee or respondent in
contravention of an order, agreement, or promise to pay shall be grounds for
discipline by the board and a basis for judicial action seeking to collect the
fine.
Source. #12548, eff 7-1-18
PART Alc 414
REINSTATEMENT
Alc
414.01 Reinstatement of Certificate
or License After Lapse. A
certificate holder or licensee wishing to reinstate his or her certificate or
license shall:
(a)
Complete and submit the “Reinstatement Application” form, effective
March 2018, no later than 12 months after the date of credential expiration;
(b)
Attach documentation of the applicable continuing education requirements
described in Alc 409.01 – Alc
409.03, taken within 2 years prior to the date of reinstatement application and
one and one half hours of continuing education per month lapsed for CRSWs and 2
hours per month lapsed for LADCs and MLADCs; and
(c)
Pay the fee specified in Alc 415.01.
Source. #12548, eff 7-1-18
Alc
414.02 Reinstatement of Certificate
or License After Suspension or Revocation.
(a)
Any certificate or license holder wishing to reinstate his or her
certificate or license after suspension shall:
(1) Complete and submit a “Reinstatement
Application” form, effective March 2018
to the board for review; and
(2) Pay the fee described in Alc
415.01.
(b)
After conducting a hearing held pursuant to RSA 541-A, the board shall reinstate
the certificate or license if it determines that doing so would be in the
public interest.
(c)
For purposes of this section, a reinstatement shall be considered to be
in the public interest if the suspended license or certificate holder
demonstrates that he or she has
satisfied all the requirements of any disciplinary order, settlement agreement,
or consent decree.
(d)
Certificate holders and licensees seeking reinstatement after revocation
shall comply with the initial application requirements and procedures as
outlined in Alc 300.
Source. #12548, eff 7-1-18
PART Alc 415 FEES
Alc
415.01 Fees. The schedule of fees for renewal, inactive
status, and reinstatement shall be as follows:
Table 400-1 Fees
Fee |
Amount |
Renewal fee for
CRSW, LADC, or LCS |
$110.00 |
Renewal Fee for
MLADC |
$240.00 |
Late Renewal Fee |
$100.00 |
Inactive Status Fee |
$100.00 |
Inactive Status Renewal
Fee |
$100.00 |
Reinstatement Fee |
$100.00 |
Source. #12548, eff 7-1-18
CHAPTER Alc
500 ETHICAL STANDARDS
PART Alc 501 DEFINITIONS
Alc
501.01 Definitions of Terms Used in
this Chapter. In this chapter the
following terms shall have the following meanings:
(a)
“Certified recovery support worker (CRSW)” means “certified recovery
support worker as defined in RSA 330-C:2, IV, namely, “an individual certified
by the board to provide recovery support to persons with substance use
disorders”;
(b)
“Licensed alcohol and drug counselor (LADC)” means “licensed alcohol and
drug counselor” as defined in RSA 330-C:2, XIII, namely, “an individual
licensed by the board to practice substance use counseling who meets the
initial licensing qualifications set forth in RSA 330-C:17”;
(c)
“Licensed clinical supervisor (LCS)” means “licensed clinical
supervisor” as defined in RSA 330-C:2, XIV, namely, “an individual licensed by
the board to practice and supervise substance use counseling who meets the
initial licensing qualifications set forth in RSA 330-C:18”;
(d)
“Master licensed alcohol and drug counselor (MLADC)” means “master
licensed alcohol and drug counselor” as defined in RSA 330-C:2, XV, namely, “an
individual licensed by the board to practice substance use counseling who meets
the initial licensing qualifications set forth in RSA 330-C:16”; and
(e)
“NAADAC: The Association of Addiction Professionals (NAADAC)” means a
nationwide membership organization of addiction counselors, educators and other
addiction-focused health care professionals in the United States.
Source. #9454, eff
4-11-09, EXPIRED: 4-11-17
New. #12548, eff 7-1-18
PART Alc 502 CODE OF
ETHICS FOR LICENSEES AND CRSWS
Alc
502.01 Ethical Requirements.
(a)
Licensees and CRSWs shall practice within their respective statutory
scopes of practice as follows:
(1) For MLADCs, the scope of practice set forth
in RSA 330-C:10;
(2) For LADCs, the scope of practice set forth in
RSA 330-C:11;
(3) For licensed clinical supervisors, the scope
of practice set forth in RSA 330-C:12; and
(4) For CRSWs, the scope of practice set forth in
RSA 330-C:13.
(b)
Licensees and CRSWs shall be bound by the 9 numbered principles of the
NAADAC code of ethics, together with the bulleted sub-principles, as updated
December 8, 2016, as referenced in Appendix B.
(c)
In addition to the scope of practice requirements listed in (a)(4)
above, CRSWs shall abide by the following ethical standards:
(1) With regard to quality of care, the CRSW
shall make a commitment to provide the highest quality of care for the client;
(2) With regard to non-discrimination, the CRSW
shall not discriminate against any client of other professional based on race,
color, religion, age, sex, marital status, national origin, ancestry, sexual
orientation, or mental or physical disability;
(3) With regard to professional responsibility,
the CRSW shall:
a. Exercise professional judgment;
b. Maintain the best interest of the client; and
c. Assist the client to help him or her toward
the primary goal of recovery;
(4) With regard to professional competence, the
CRSW shall:
a. Provide competent professional service to the
client;
b. Participate in ongoing professional education
to maintain state-of-the-art knowledge and skill;
c. Be responsible for his or her conduct in all
areas of professional life;
d. Recognize and maintain personal and
professional boundaries and limitations;
e. Seek the advice and counsel of colleagues and
supervisors whenever such consultation is in the best interest of the client;
and
f. Recognize the effect of impairment on
professional performance and be willing to seek appropriate treatment when
necessary;
(5) With regard to professional standards, the
CRSW shall:
a. Not claim or imply professional knowledge,
qualifications, certifications, or affiliations that he or she does not
possess; and
b. Not lend his or her name to, or participate
in, any professional and/or business relationship, which may misrepresent or
mislead the public in any way;
(6) With regard to professional obligation to the
public, the CRSW shall not state or imply a higher degree of knowledge or
insight into co-occurring or substance use disorders than would be available
through similarly situated or trained professionals;
(7) With regard to publications, the CRSW shall
preserve the integrity of the profession by acknowledging and documenting any
materials or techniques used in creating his or her opinions or in writing,
editing, or publishing papers, pamphlets or books;
(8) With regard to client welfare, the CRSW
shall:
a. Place the best
interest of the client before conflicting professional commitments or
professional gain;
b. Always provide an appropriate setting for
clinical work; and
c. Provide a supportive environment for any
client having special needs;
(9) With regard to confidentiality, the CRSW
shall:
a. Not reveal information relating to a client
unless the client consents to such release of information in writing and after
consultation with the CRSW; and
b. Preserve client records and information
regardless of the media used to store such information;
(10) With regard to client and public safety,
notwithstanding confidentiality rules, the CRSW may reveal confidential
information to public authorities or other professionals to the extent that he
or she reasonably believes necessary to prevent a client from serious harm
whether self-inflicted or inflicted upon a third person, or where the client is
in imminent danger, or in danger of injuring another person;
(11) With regard to client relationships, the CRSW
shall:
a. Respect and maintain an objective,
non-possessive, non-personal, professional relationship with the client at all
times;
b. Obtain the client’s permission for recording
a session, for involving any third party in a session, or for releasing any
information pertaining to the client;
c. Not enter into a business relationship with
the client during the therapeutic relationship;
d. Not enter into a business relationship with
any other person if doing so would adversely affect the client;
e. Not engage in any sexual activity with any
current or former client;
f. When it is in the best interests of a client,
release or refer the client to other programs or individuals as dictated by
professional standards and ethically responsible practice;
g. Not enter into a mentoring or coaching
relationship with a client if the CRSW’s own responsibilities to or
relationship with a third person would adversely affect the client; and
h. Not enter into a mentoring or coaching
relationship with anyone with whom the CRSW has had a previous intimate
relationship;
(12) With regard to professional integrity, the
CRSW shall:
a. Cooperate with and adhere to Alc 502;
b. Never knowingly make a false statement to the
board;
c. Promptly report violations of this
professional code of conduct by other CRSWs to the board;
d. Disclose to the board any material fact which
could adversely affect a CRSW-client relationship, to include any disciplinary
action taken by any other board or regulatory body;
(13) With regard to remuneration, the CRSW shall:
a. Establish reasonable financial arrangements
based on fees customarily charged in his or her locality for similar services;
and
b. Not accept fees or gratuities for
professional work from a client whose fees are being paid through an
institution or agency and who is otherwise entitled to such services; and
(14) With regard to professional promotion, the
CRSW shall maintain and promote the integrity and advancement of the alcohol
and drug CRSW profession.
(d)
In addition to the requirements listed in (a)(1) and (2) above, LADCs
and MLADCs shall abide by the following ethical standards:
(1) With regard to quality of care, the counselor
shall provide the highest quality of care for the client;
(2) With regard to non-discrimination, the
counselor shall not discriminate against any client or other professional based
on race, color, religion, age, sex, marital status, national origin, ancestry,
sexual orientation, or mental or physical disability;
(3) With regard to professional responsibility,
the counselor shall:
a. Exercise professional judgment;
b. Maintain the best interest of the client; and
c. Assist the client to help him or her toward
the primary goal of recovery;
(4) With regard to professional competence, the
counselor shall:
a. Provide competent professional service to the
client;
Participate in ongoing
professional education to maintain
state-of-the-art knowledge and skill;
Be responsible for his
or her conduct in all areas of professional life;
d. Recognize personal and professional
boundaries and limitations;
e. Seek the advice and counsel of colleagues and
supervisors whenever such consultation is in the best interest of the client;
and
f. Recognize the effect of impairment on
professional performance and be willing to seek appropriate treatment when
necessary;
(5) With regard to professional standards, the
counselor shall:
a. Not claim or imply professional knowledge,
qualifications, certifications, or affiliations that he or she does not
possess; and
b. Not lend his or her name to, or participate
in, any professional and/or business relationship, which may misrepresent or
mislead the public in any way;
(6) With regard to professional obligation to the
public, the counselor shall not state or imply a higher degree of knowledge or
insight into co-occurring or substance use disorders than would be available
through similar situated and/or trained professionals;
(7) With regard to publications, the counselor
shall preserve the integrity of the profession by acknowledging and documenting
any materials or techniques used in creating his or her opinions, or in
writing, editing, or publishing papers, pamphlets or books;
(8) With regard to client welfare, the counselor
shall:
a. Place the best interest of the client before
conflicting professional commitments or professional gain;
b. Always provide an appropriate setting for
clinical work; and
c. Provide a supportive environment for any
client having special needs;
(9) With regard to confidentiality, the counselor
shall:
a. Not reveal information relating to a client
unless the client consents to such release of information in writing and after
consultation with the counselor; and
b. Preserve client records and information
regardless of the media used to store such information;
(10) With regard to client and public safety,
notwithstanding confidentiality regulations, the counselor may reveal
confidential information to public authorities or other professionals to the
extent that he or she reasonably believes necessary to prevent a client from
serious harm whether self-inflicted or inflicted upon a third person, or where
the client is in imminent danger, or in danger of injuring another person;
(11) With regard to client relationships, the
counselor shall:
a. Respect and maintain an objective,
non-possessive, non-personal, professional relationship with the client at all
times;
b. Obtain the client’s permission for recording
a session, for involving any third party in a session, or for releasing any
information pertaining to the client;
c. Not enter into a business relationship with
any other person if doing so would adversely affect the client;
d. Not engage in any sexual activity with any
current or former client;
e. When it is in the best interests of a client,
release or refer the client to other programs or individuals as dictated by
professional standards and good clinical practice;
f. Not enter into a counseling relationship with
a client if the counselor’s own responsibilities to or relationship with a
third person would adversely affect the client;
g. Not enter into a personal or exploitive
relationship with a current or former client following the termination of the
therapeutic relationship; and
h. Not enter into a counseling relationship with
anyone with whom the counselor has had a previous intimate relationship;
(12) With regard to professional integrity, the
counselor shall:
a. Cooperate with and adhere to Alc 502;
b. Never knowingly make a false statement to the
board;
c. Promptly report violations of this
professional code of conduct by other counselors to the board; and
d. Disclose to the board any material fact which
could adversely affect a counselor-client relationship, to include any
disciplinary action taken by any other board or regulatory body;
(13) With regard to remuneration, the counselor
shall:
a. Establish reasonable financial arrangements
based on fees customarily charged in his or her locality for similar services;
and
b. Not accept fees or gratuities for
professional work from a client whose fees are being paid through an
institution and/or agency and who is otherwise entitled to such services; and
(14) With regard to professional promotion, the
counselor shall strive to maintain and promote the integrity and advancement of
the alcohol and drug counselor profession.
(e)
In addition to the scope of practice requirements described in (a)(3)
above, licensed clinical supervisors shall abide by the “Code of Ethics for
Clinical Supervisors,” written by the Clinical Supervision Committee of the
ICRC, effective 1998, as referenced in Appendix B.
Source. #9454, eff 4-11-09, EXPIRED: 4-11-17
New. #12548, eff 7-1-18
Appendix
Rule |
Statute Implemented |
|
|
Alc 101.01 |
RSA 541-A:7 |
Alc 102 |
RSA 541-A:7 |
Alc 103.01 |
RSA 330-C:3, I. through
VI. and XI. |
Alc 103.02(a), (b) and (c) |
RSA 330-C:5, I.; RSA
330-C:22 and 23 |
Alc 103.02(d) |
RSA 330-C:5, VII. |
Alc 103.02(e) |
RSA 330-C:5, IV. |
Alc 103.02(f) |
RSA 330-C:5, VI. |
Alc 103.03(a) |
RSA 330-C:3, VIII. |
Alc 103.03(b) |
RSA 330-C:3, XIV. |
Alc 103.03(c) |
RSA 330-C:6 |
Alc 103.04(a) |
RSA 330-C:3, IX. |
Alc 103.04(b) |
RSA 91-A:2, II. |
Alc 103.04(c) |
RSA 330-C:3, IX.; RSA
91-A:3 |
Alc 103.04(d) |
RSA 330-C:3, VIII. |
Alc 103.05 |
RSA 330-C:6, VI |
Alc 103.05(a) |
RSA 91-A:2, II. |
Alc 103.05(b) |
RSA 541-A:16, I.(b) |
Alc 103.06 |
RSA 91-A:2, II; RSA
91-A:3, III |
Alc 103.06(a) |
RSA 91-A:2, II.; RSA
91-A:3, III. and RSA 91-A:5 |
Alc 103.06(b) |
RSA 91-A:2, II. and RSA
91-A:3, III. |
Alc 103.07 |
RSA 91-A:2, II; RSA
91-A:3, III |
Alc 104.01 |
RSA 541-A:16, I.(a) |
Alc 104.02 |
RSA 91-A:2, II.; RSA
541-A:16, I.(b) |
|
|
Alc 201 |
RSA 541-A:7 |
Alc 202.01 and Alc 202.02 |
RSA 541-A:16, I(b)(2) |
Alc 202.03 |
RSA 541-A:31, I |
Alc 203.01 |
RSA 330-C:28, I. and III.; RSA 541-A:16, I.(b) |
Alc 204.01 |
RSA 541-A:16, I.(b)(2) |
Alc 204.02 |
RSA 541-A:30-a, III(k) |
Alc 204.03 |
RSA 541-A:30-a, III(j) |
Alc 204.04 |
RSA 541-A:30-a, III.(b) |
Alc 205 |
RSA 541-A:30-a, III(f) |
Alc 206 |
RSA 541-A:30-a, III(a) |
Alc 207 |
RSA 541-A:16, I(b)(2) |
Alc 201.01 |
RSA 541-A:7 |
Alc 208.01(a)(1) |
RSA 330-C: 29, II.; RSA 541-A:16, I.(b)(2); RSA
541-A:31 |
Alc 208.01(a)(2) |
RSA 541-A:16, I.(b)(2); RSA 541-A:31 |
Alc 208.01(b) |
RSA 330-C: 29, II.; RSA 541-A:16, I.(b)(2); RSA
541-A:31 |
Alc 208.02 |
RSA 541-A:30, III. |
Alc 208.03 |
RSA 541-A:30-a, III(b) |
Alc 208.04 |
RSA 541-A:31, V(b), (c)
and (d); RSA 541-A:16, I(b)(2) |
Alc 208.05(a) and (c) |
RSA 541-A:31, VII. |
Alc 208.05(b) |
RSA 541-A:30, III. |
Alc 208.05(a) and (c) |
RSA 541-A:31, VII. |
Alc 209.01 and 209.02 |
RSA 541-A:32, I, II and
III; RSA 541-A:16, I(b)(2) |
Alc 209.03 and Alc 209.04 |
RSA 541-A:16, I(b)(2) |
Alc 210.01 |
RSA 541-A:30-a, III(h) |
Alc 210.02 |
RSA 541-A:16, I(b)(2) |
Alc 211 |
RSA 541-A:30-a, III(c) |
Alc 212.01 |
RSA 541-A:30-a, III(d) and
(e) |
Alc 212.02 |
RSA 541-A:31, IV |
Alc 212.03(a) |
RSA 541-A:33 |
Alc 212.03(b) through (f) |
RSA 541-A:16, I.(b)(2) |
Alc 212.04 and 212.05 |
RSA 541-A:16, I(b)(2) |
Alc 212.06 |
RSA 541-A:30-a, III(i) |
Alc 212.07(a) |
RSA 541-A:16, I.(b)(2) |
Alc 212.07(b)(1) |
RSA 541-A:35 |
Alc 212.07(b)(2) and (c) through (e) |
RSA 541-A:16, I.(b)(2) |
Alc 212.07(f) |
RSA 541-A:30-a, III.(l) |
Alc 212.08 |
RSA 541-A:16, I(b)(2) |
Alc 213.01(a) |
RSA 330-C:28, VI. |
Alc 213.01(b) and (c) |
RSA 541-A:16, I.(b) |
Alc 214 |
RSA 541-A:4; RSA 541-A:16,
I(c) |
Alc 215 |
RSA 541-A:11; RSA
541-A:16, I(b)(3) |
Alc 215.05 |
RSA 541-A:11; RSA 541-A:16, I.(b)(3) |
Alc 216 |
RSA 541-A:16, I.(d) |
Alc 203.01 |
RSA 330-C:13, II; RSA
541-A:16, I(b) |
Alc 213.01 |
RSA 541-A:31, V(a); RSA
541-A:38; RSA 541-A:16, I(b) |
Alc 217.01 |
RSA 541-A:11, VII |
Alc 217.02 |
RSA 541-A:11, VII |
|
|
Alc 301 |
RSA 541-A:7 |
Alc 302.01(a)(1) |
RSA 330-C:9, I; RSA 330-C:15, I(h) |
Alc 302.01(a)(2) |
RSA 330-C:9, I; RSA 330-C:15, I(b) |
Alc 302.01(a)(3)a |
RSA 330-C:9, I; RSA 330-C:15, I(e)(1) |
Alc 302.01(a)(3)b |
RSA 330-C:9, I; RSA 330-C:15, I(e)(2) |
Alc 302.01(a)(3)c |
RSA 330-C:9, I; RSA 330-C:15, I(e)(3) |
Alc 302.01(a)(3)d |
RSA 330-C:9, I; RSA 330-C:15, I(e)(4) |
Alc 302.01(a)(3)e |
RSA 330-C:9, I; RSA 330-C:15, I(e)(5) |
Alc 302.01(a)(3)f |
RSA 330-C:9, I; RSA 330-C:15, I(e)(6) |
Alc 302.01(a)(3)g |
RSA 330-C:9, I; RSA 330-C:15, I(e)(7) |
Alc 302.01(a)(4) |
RSA 330-C:9, I; RSA 330-C:15, I(f) |
Alc 302.01(b)-(c) |
RSA 330-C:9, I; RSA 330-C:15, I(e) |
Alc 303.01(a)(1) |
RSA 330-C:9, III; RSA 330-C:19, V |
Alc 303.01(a)(2) |
RSA 330-C:9, III; RSA 330-C:19, II |
Alc 303.01(a)(3) |
RSA 330-C:9, III; RSA 330-C:19, III |
Alc 303.01(a)(4)-(5) |
RSA 330-C:9, III; RSA 330-C:19, IV |
Alc 303.01(a)(6) |
RSA 330-C:9, III; RSA 330-C:19, I |
Alc 303.01(a)(7) |
RSA 330-C:9, III, XI; RSA 330-C:19, V |
Alc 303.01(a)(8)-(10) |
RSA 330-C:9, III; RSA 330-C:19, V |
Alc 303.01(b) |
RSA 330-C:9, III, XIV; RSA 330-C:15, I(e)(4); RSA
330-C:19, V |
Alc 303.02 – Alc 303.03 |
RSA 330-C:9, III; RSA 330-C:19, IV |
Alc 304.01 |
RSA 330-C:9, III; RSA 330-C:19, I |
Alc 304.02 |
RSA 330-C:9, III; RSA 330-C:19, I, V |
Alc 304.03 – Alc 304.04(b) |
RSA 330-C:9, III; RSA 330-C:19, V |
Alc 304.04 (c)-(d) |
RSA 330-C:9, III; RSA 330-C:19, V; RSA 330-C:20, I,
II |
Alc 304.04 (e)-(h) |
RSA 330-C:9, III; RSA 330-C:19, V |
Alc 304.05 |
RSA 330-C:9, III; RSA 330-C:19, V; RSA 541-A:29 |
Alc 305.01 |
RSA 330-C:8, II(a); RSA 330-C:9, III, XI |
Alc 306.01 |
RSA 330-C:9, I |
Alc 306.02(a)(1) |
RSA 330-C:9, I; RSA 330-C:17, III |
Alc 306.02(a)(2) |
RSA 330-C:9, I; RSA 330-C:15, I(e); RSA 330-C:17,
III |
Alc 306.02(a)(3) |
RSA 330-C:9, I; RSA 330-C:15, I(f); RSA 330-C:17,
III |
Alc 306.02(a)(4) |
RSA 330-C:9, I; RSA 330-C:17, III |
Alc 306.02(a)(5)-(6) |
RSA 330-C:9, I; RSA 330-C:17, I |
Alc 306.02(a)(7)-(8) |
RSA 330-C:9, I; RSA 330-C:17, III |
Alc 306.02(a)(9) |
RSA 330-C:9, I, XI; RSA 330-C:17, II |
Alc 306.02(a)(10) |
RSA 330-C:9, I; RSA 330-C:17, III |
Alc 306.02(b) |
RSA 330-C:9, I, XIV; RSA 330-C:17, III |
Alc 306.03-Alc 306.05 |
RSA 330-C:9, I; RSA 330-C:17, I(a)-(b), III |
Alc 307 |
RSA 330-C:8, II(a); RSA 330-C:9, I, XI; RSA
330-C:17, III |
Alc 308 |
RSA 330-C:9, I; RSA 330-C:17, III |
Alc 309.01(a)-(b)(4) |
RSA 330-C:9, I(a); RSA 330-C:17, I, III |
Alc 309.01(b)(5) |
RSA 330-C:8, I |
Alc 309.01(b)(6)-(8) |
RSA 330-C:9, I; RSA 330-C:17, III; RSA 330-C:20 |
Alc 309.01(b)(9) – Alc 309.02 |
RSA 330-C:9, I; RSA 330-C:17, III |
Alc 310.01(a) |
RSA 330-C:9, I(b), (d); RSA 330-C:16, IV |
Alc 310.01(b) |
RSA 330-C:9, I(b); RSA 330-C:16, I(a) |
Alc 310.01(c) |
RSA 330-C:9, I(b); RSA 330-C:16, II |
Alc 310.01(d) |
RSA 330-C:9, I(b); RSA 330-C:16, I(a), IV |
Alc 310.01(e) |
RSA 330-C:9, I(b); RSA 330-C:16, I(a) |
Alc 310.01(f)-(g) |
RSA 330-C:9, I(b); RSA 330-C:16, III |
Alc 310.01(h) |
RSA 330-C:9, I(b); RSA 330-C:16, IV |
Alc 310.01(i) |
RSA 330-C:9, I(b), XIV; RSA 330-C:17, III |
Alc 310.01(j) |
RSA 330-C:9, I(b); RSA 330-C:16, IV |
Alc 310.02 – Alc 310.03 |
RSA 330-C:9, I(b); RSA 330-C:16, I, IV |
Alc 310.04 |
RSA 330-C:9, I(b); RSA 330-C:16, I(a) |
Alc 310.05 |
RSA 330-C:9, I(b); RSA 330-C:16, III |
Alc 311.01(a)-(b)(2) |
RSA 330-C:9, I(b), (d), XI; RSA 330-C:16, IV |
Alc 311.01(b)(3) |
RSA 330-C:8, II(a); RSA 330-C:9, I(b), XI |
Alc 311.01(c) |
RSA 330-C:9, I(b), (d), XI; RSA 330-C:16, IV |
Alc 311.01(d) |
RSA 330-C:8, II(a); RSA 330-C:9, I(b), XI |
Alc 312 |
RSA 330-C:9, I; RSA 330-C:21 |
Alc 313.01, intro., (a), (b) |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III |
Alc 313.01(c) |
RSA 330-C:8, IV; RSA 330-C:9, I(a)-(b); RSA
330-C:16, IV; RSA 330-C:17, III |
Alc 313.01(d) |
RSA 330-C:8, II(c); RSA 330-C:9, IV; RSA 330-C:20, I |
Alc 313.02-Alc 313.04, intro. and (a) |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III |
Alc 313.04(b)-(c) |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III; |
Alc 313.04(d) – Alc 313.12 |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III |
Alc 313.13 |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III; RSA 541-A:29 |
Alc 314.01, intro. and (a) |
RSA 330-C:9, V-a; RSA 330-C:18, I |
Alc 314.01(b) |
RSA 330-C:9, V-a; RSA 330-C:18, II, III |
Alc 314.01(c) |
RSA 330-C:9, V-b; RSA 330-C:18, IV |
Alc 314.01(d) |
RSA 330-C:9, V-a; RSA 330-C:18, V |
Alc 314.01(e) |
RSA 330-C:9, XI; RSA 330-C:18, VI |
Alc 314.02 |
RSA 330-C:9, V-a; RSA 330-C:18, II, III |
Alc 314.03 |
RSA 330-C:9, V-b; RSA 330-C:18, IV |
Alc 314.04 |
RSA 330-C:9, V-a; RSA 330-C:18, V |
Alc 315.01 |
RSA 330-C:8, II(a); RSA 330-C:9, VI, XI; RSA
330-C:18, VI |
Alc 316.01, intro., (a), (b) |
RSA 330-C:9, V-a; RSA 330-C:18, VII |
Alc 316.01(c) |
RSA 330-C:8, I; RSA 330-C:18, VII |
Alc 316.01(d) |
RSA 330-C:8, II(c); RSA 330-C:18, VII; RSA 330-C:20,
I |
Alc 316.02 – Alc 316.03 |
RSA 330-C:9, V-a; RSA 330-C:18, VII |
Alc 316.04 intro. and (a) |
RSA 330-C:9, V-a; RSA 330-C:18, VII; RSA 330-C:20, I |
Alc 316.04(b) |
RSA 330-C:9, V-a; RSA 330-C:18, VII; RSA 330-C:20,
II |
Alc 316.04(c) |
RSA 330-C:9, V-a; RSA 330-C:18, VII |
Alc 316.04(d) |
RSA 330-C:9, V-a; RSA 330-C:18, II, III, VII |
Alc 316.04(e)-(f) |
RSA 330-C:9, V-a; RSA 330-C:18, V, VII |
Alc 316.05 |
RSA 330-C:9, V-a; RSA 330-C:18, II-III, VII |
Alc 316.06 |
RSA 330-C:9, V-a, V-b; RSA 330-C:18, V, VII |
Alc 316.07 |
RSA 330-C:9, V-a; RSA 330-C:18, VII; RSA 541-A:29 |
Alc 317 |
RSA 330-C:8; RSA 330-C:9, IV |
|
|
Alc 401.01 |
RSA 541-A:7 |
Alc 402.01 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 403.01 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 403.02 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 403.03 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 403.04 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 404.01 |
RSA
330-C:9, V-b |
Alc 404.02 |
RSA
330-C:9, V-a |
Alc 404.03 |
RSA
330-C:9, V-b |
Alc 404.04 |
RSA
330-C:9, V-b |
Alc 404.05 |
RSA
330-C:9, V-b |
Alc 405.01 |
RSA 330-C:9, V-b; RSA 330-C:11,
II |
Alc 405.02 |
RSA 330-C:9, V-b |
Alc 405.03 |
RSA 330-C:9, V-a |
Alc 405.04 |
RSA 330-C:9, V-b |
Alc 405.05 |
RSA 330-C:9, V-b |
Alc 405.06 |
RSA 330-C:9, V-b |
Alc 406.01 |
RSA
330-C:9, V-b; RSA 330-C:10, II |
Alc 406.02 |
RSA
330-C:9, V-a |
Alc 406.03 |
RSA
330-C:9, V-b |
Alc 406.04 |
RSA
330-C:9, V-b |
Alc 406.05 |
RSA
330-C:9, V-b |
Alc 407.01 |
RSA
330-C:9, V-a |
Alc 407.02 |
RSA
330-C:9, V-a |
Alc 408.01 |
RSA
330-C:9, XIII; RSA 330-C:10, II; RSA 330-C:11, II |
Alc 408.02 |
RSA
330-C:9, XIII; RSA 330-C:10, II; RSA 330-C:11, II |
Alc 408.03 |
RSA
330-C:9, XIII; RSA 330-C:10, II; RSA 330-C:11, II |
Alc 409.01 |
RSA
330-C:9, VIII; RSA 330-C:24 |
Alc 409.02 |
RSA
330-C:9, VIII; RSA 330-C:24 |
Alc 409.03 |
RSA
330-C:9, VIII; RSA 330-C:24 |
Alc 409.04 |
RSA
330-C:9, V; RSA 330-C:24 |
Alc 409.05 |
RSA
330-C:9, III; RSA 330-C:24 |
Alc 410.01 |
RSA 541-A:16, I (b) intro.; RSA
330-C:24 |
Alc 411.01 |
RSA 330-C:9, I, III |
Alc 412.01 |
RSA 541-A:16, I(b) intro.; RSA
330-C:22, V |
Alc 413.01 |
RSA 330-C:9, IX, X; RSA 330-C:27 |
Alc 413.02 |
RSA 330-C:9, IX, X; RSA 330-C:27 |
Alc 413.03 |
RSA 330-C:9, IX, X; RSA 330-C:27 |
Alc 413.04 |
RSA 330-C:9, IX, X; RSA 330-C:27 |
Alc 414.01 |
RSA 330-C:9, II; RSA 330-C:23 |
Alc 414.02 |
RSA 330-C:9, II; RSA 330-C:23 |
Alc 415.01 |
RSA 330-C:8; RSA 330-C:9, IV |
|
|
Alc 501.01 |
RSA
330-C:9, VII |
Alc 502.01 |
RSA 330-C:9, VII |
Appendix B
Rule |
Title |
Obtain at: |
Alc 502.01(b) intro. |
NAADAC Code of Ethics, as updated |
Obtain for no cost online at: https://www.naadac.org/assets/2416/naadac-code-of-ethics-033117.pdf |
Alc 502.01 (e) |
“Code of Ethics for Clinical Supervisors” |
Obtain online to members of the International Certification &
Reciprocity Consortium at: www.internationalcredentialing.org |