CHAPTER Mhp 100  DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

 

PART Mhp 101  PURPOSE AND SCOPE

 

          Mhp 101.01  Purpose and Scope.  The rules of this title implement the statutory responsibilities of the New Hampshire board of mental health practice under RSA 330-A which, include, but are not limited to:

 

          (a)  Protecting the public receiving mental health services not limited by geographic boundary or technology used;

 

          (b)  The licensing of pastoral psychotherapists, independent clinical social workers, clinical mental health counselors and marriage and family therapists;

 

          (c)  The development of ethical and other professional standards to be followed by licensees;

 

          (d)  Investigating allegations of misconduct and imposing disciplinary sanctions on licensees; and

 

          (e)  The development of continuing professional education requirements and other requirements for demonstrating professional competence for the renewal or reinstatement of licensees.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11, EXPIRED in (b) 7-1-14; amd in (b) by #11040, eff 2-24-16

 

PART Mhp 102  DEFINITIONS

 

          Mhp 102.01  Terms Used.  As used in these rules, the following terms shall have the meanings indicated:

 

          (a)  “Board administrator” means the board’s staff director, a person with delegated authority from the board to perform administrative and clerical functions for the board;

 

          (b)  “Board” means the New Hampshire board of mental health practice created under RSA 330-A;

 

          (c)  “Licensee” means a person who possesses a current license pursuant to RSA 330-A;

 

          (d)  “Scope of practice” means assessment, diagnosis, consultation, treatment recommendations, and treatment of a person with a diagnosis or a concern specified in the current edition of the Diagnostic and Statistical Manual of the American Psychiatric Association (DSM) and the Diagnostic Coding Manual (ICD-10) in accordance with RSA 330-A:1; and

 

          (e)  “Independent solo or solo private mental health practice” means practice which is not done as an employee of an employer who assumes full financial responsibility for the actions of that employee and furnishes the employee with a W-2 form pursuant to US Internal Revenue Services regulations.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11; ss by #13224, eff 6-30-21

PART Mhp 103  AGENCY ORGANIZATION

 

          Mhp 103.01  Composition of the Board.  The board shall consist of 9 members appointed by the governor and council and shall meet the eligibility requirements of RSA 330-A:3.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11, EXPIRED: 7-1-14

 

New.   #11040, eff 2-24-16; ss by #13224, eff 6-30-21

 

          Mhp 103.02  Staff.  The board, through the office of professional licensure and certification, shall employ a board administrator and such other staff as is necessary to conduct the board’s daily operations and to fulfill its statutory duties.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11; ss by #13224, eff 6-30-21

 

          Mhp 103.03  Office Hours, Office Location, Mailing Address and Telephone.

 

          (a)  The board’s office shall be:

 

7 Eagle Square, Suite 300

Concord, NH  03301

 

          (b)  The board’s office shall be open to the public during normal business hours.

 

          (c)  The board’s telephone number shall be (603) 271-2152.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11; ss by #13224, eff 6-30-21

 

          Mhp 103.04  Meetings.  The board shall generally meet monthly and at such additional times as shall be called for by the chairperson or by the vote of the board.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11; ss by #13224, eff 6-30-21

 

             Mhp 103.05  Committees.

 

          (a)  A committee, appointed by the board to research, and make recommendations on matters within the statutory authority of the board, shall include at least one board member who shall serve as chair.

 

          (b)  When expressly authorized by the board, the authority of a committee shall include:

 

(1)  The retention of voluntary assistance from qualified non-board members; and

 

(2)  The retention of paid advisors or consultants.

 

          (c)  Committees may make recommendations to the board, but shall not take final action on behalf of the board.

 

Source.  #9852, eff 1-25-11 (formerly Mhp 103.06)

 

PART Mhp 104  PUBLIC INFORMATION

 

          Mhp 104.01  Record of Board Actions.  Minutes shall be kept of board meetings and of official actions taken by the board pursuant to RSA 91-A:3, RSA 91-A:4 and RSA 91-A:5.  Board minutes of actions that are not confidential under RSA 91-A:3 shall be public records pursuant to RSA 91-A:4 and shall be available for inspection as required by RSA 91-A:3.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11

 

          Mhp 104.02  Custodian of the Records.  The administrative assistant shall be the custodian of the

board’s records and shall respond to requests to examine those portions of the board’s records which are

subject to public inspection or which may otherwise be properly examined by the person requesting access.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11

 

          Mhp 104.03  Copies of Records.  Persons desiring copies of board records shall identify as particularly as possible the information being sought and agree to pay a copying fee of $.10 per page.  If records are requested that contain both public and confidential information, the confidential information shall be deleted and the remaining information be provided.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11

 

          Mhp 104.04  Access to Board Rules.  Pursuant to RSA 541-A, the board files rules with the director of legislative services.  Persons may receive rules by calling or writing the board.  Any person may petition the board in writing to adopt, amend or repeal a rule and may appear in person to inspect the rules or obtain photocopies.

 

Source.  (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-23-99

 

New.  #7623, eff 1-10-02, EXPIRED: 1-10-10

 

New. #9852, eff 1-25-11

 

APPENDIX

 

RULE

STATUTE IMPLEMENTED

 

 

Mhp 101

RSA 330-A:1 and RSA 541-A:16, I(a)

Mhp 102

RSA 541-A:7 and RSA 541-A:16, I(a)

Mhp 103

RSA 330-A:3, RSA 330-A:4 and RSA 541-A:16, I(a)

Mhp 103.01

RSA 330-A:3, I

Mhp 103.02

RSA 310-A:1-c, II

Mhp 103.03

RSA 541-A:16, I(a)

Mhp 103.04

RSA 541-A:16, I(a)

Mhp 104

RSA 91-A:4 and RSA 541-A:16, I(a)