CHAPTER 56
HJR 3 – FINAL VERSION
2011 SESSION
10/03
HOUSE JOINT RESOLUTION 3
A RESOLUTION prohibiting the implementation of certain rules of the board of mental health practice regarding misconduct investigation.
SPONSORS: Rep. B. Patten, Carr 4; Rep. C. McGuire, Merr 8; Rep. Manuse, Rock 5; Rep. Pilotte, Hills 16; Sen. De Blois, Dist 18, Sen. Groen, Dist 6
COMMITTEE: Executive Departments and Administration
This house joint resolution prohibits the implementation of rules of the board of mental health practice relating to authority of the board to subpoena and examine records and other documents in violation of the licensee/client privilege, and to forward communications of alleged misconduct.
11-1070
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
A RESOLUTION prohibiting the implementation of certain rules of the board of mental health practice regarding misconduct investigation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
Whereas, the New Hampshire board of mental health practice proposed rules relating to licensing requirements, ethical and professional standards, investigation of allegations, disciplinary sanctions, and continuing education requirements for licensees in Final Proposal 2008-166 containing rules Mhp 300-500; and
Whereas, on September 2, 2010, the joint legislative committee on administrative rules (committee) voted to enter a revised objection to the final proposal 2008-166; and
Whereas, on January 7, 2011, the committee voted to enter a final objection to Final Proposal 2008-166 as amended by the revised objection response of the board of mental health practice; and
Whereas, the response proposes rules that would permit the board of mental health practice in Mhp 503.04(b) to allow a professional conduct investigator, in conjunction with a misconduct investigation, to examine such records and other documents as are reasonably necessary so that the board can take appropriate action, and in Mhp 504.09(a) to allow subpoenas for the production of evidence in investigations or disciplinary proceedings to be issued upon the order of the board; and
Whereas, the committee determined Mhp 503.04(b) and Mhp 504.09(a) are contrary to legislative intent to the extent that the rules allow for records and other documents to be examined and subject to board administrative subpoena in violation of the privilege given to licensee/client communications under RSA 330-A:32; and
Whereas, the response proposes rules that would permit the board of mental health practice in Mhp 503.02(e) to forward all communications of alleged misconduct to the appropriate licensee except under unique situations such as where disclosure would create the potential of imminent harm to any party or would significantly hinder criminal or civil litigations; and
Whereas, the committee determined Mhp 503.02(e) was contrary to the public interest by being unclear because it does not adequately specify the circumstances under which the board will forward communications of alleged misconduct to the licensee; and
Whereas, on January 7, 2011 the introduction of a joint resolution were entered; now, therefore, be it
Resolved by the Senate and House of Representatives in General Court convened:
That the general court of the state of New Hampshire hereby prohibits the board of mental health practice from adopting proposed rules Mhp 503.04(b), Mhp 504.09(a), and Mhp 503.02(e) as contained in Final Proposal 2008-166; and
That the general court shall clarify by legislation the board of mental health practice authority under RSA 330-A:28 to examine subpoena records in light of the privilege accorded to licensee/client communications in RSA 330-A:32; and
That the board of mental health practice shall not enforce RSA 330-A:28 in such a way as to violate the licensee/client privilege in RSA 330-A:32 and shall not enforce the forwarding of communications as proposed in Mhp 503.02(e).
Approved: May 9, 2011