TITLE XXX
OCCUPATIONS AND PROFESSIONS

CHAPTER 329-B
PSYCHOLOGISTS

Section 329-B:1

    329-B:1 Purpose; Application. – The purpose of this chapter is to regulate the practice of psychology by practitioners in New Hampshire to assure that the services provided are of a quality consistent with the standard of care within the profession, and to safeguard the public against harm which may be caused by untrained, unskilled, or unlicensed practitioners. Specifically, this chapter applies to practitioners providing psychological services and psychology practice to persons as defined under RSA 329-B:2, VII and VIII.

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

Section 329-B:2

    329-B:2 Definitions. –
In this chapter:
I. "Board" means the board of psychologists.
II. "Board investigator" means the psychologist board member appointed by the board to oversee the professional conduct investigation committee and serve as a liaison between the board and that committee.
III. "Client" or "patient" means a person who seeks or obtains psychological services.
III-a. "Communication of alleged misconduct" or "allegation" means a written statement received by the board describing a claim of professional misconduct of a licensee under this chapter. The term "allegation" shall include but not be limited to, such uses as "allegation of professional misconduct," "letter of alleged misconduct," "statement of alleged misconduct," and "submission of allegation of misconduct."
III-b. "Complaint" means a communication of alleged misconduct containing information that, as the board shall determine, if true, could violate ethical codes, administrative rules, or the law. A matter is considered a complaint when the board orders the change of status from allegation to complaint.
IV. "Former client" or "former patient" means a person who was given psychological services within the previous 7 years.
IV-a. "Licensed school psychologist-doctoral" means any person licensed as a licensed school psychologist-doctoral under RSA 329-B:15-a.
IV-b. "Licensed school psychologist-specialist" means any person licensed as a licensed school psychologist-specialist under RSA 329-B:15-a.
V. "Privilege" is the right of a patient for privacy of his or her psychological records, which belong to the patient and which shall not be abridged except by court order or other exception under state or federal law.
VI. "Professional conduct investigator" means a trained psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist licensed by the board who acts as the agent of the board under the guidance of the board investigator and is authorized to discover facts and make reports to the board.
VII. "Psychology practice by a licensed psychologist" means:
(a) The observation, description, evaluation, interpretation, prediction, and modification of human behavior by the application of psychological principles, methods, and procedures, for the purposes of:
(1) Preventing, eliminating, evaluating, assessing, or predicting symptomatic, maladaptive, or undesired behavior;
(2) Evaluating, assessing, or facilitating the enhancement of individual, group, or organizational effectiveness, including personal effectiveness, adaptive behavior, interpersonal relationships, work and life adjustment, health, and individual, group, or organizational performance; or
(3) Assisting in legal decision-making.
(b) Psychological testing and the evaluation or assessment of personal characteristics, such as intelligence; personality; cognitive, physical, and emotional abilities; skills; interests; aptitudes; and neuropsychological functioning;
(c) Counseling, consultation, psychoanalysis, psychotherapy, hypnosis, biofeedback, and behavior analysis and therapy;
(d) Diagnosis, treatment, and management of mental and emotional disorder or disability, alcoholism and substance abuse, disorders of habit or conduct, and the psychological and behavioral aspects of medical/physical illness, accident, injury, or disability;
(e) Psycho-educational evaluation, therapy, and remediation;
(f) Consultation and coordination with other psychologists, physicians, other health care professionals, and patients regarding all available treatment options, including medication, with respect to provision of care for a specific client or patient or group;
(g) Provision of direct services to individuals or groups for the purpose of enhancing individual and organizational effectiveness, or using psychological principles, methods, or procedures to assess and evaluate individuals on personal characteristics for individual development or behavior change, or for making decisions about the individual, such as selection;
(h) Provision of any of these services or activities by any means, including electronic or telephonic; and
(i) The supervision, ordering, referring, and prescribing of any of these services or activities;
The practice of psychology shall be construed within the meaning of this definition without regard to whether payment is received for services rendered.
VIII. "Psychology services by a licensed psychologist" means the observation, description, evaluation, interpretation, diagnosis, and modification of human behavior by the application of psychological and systems principles, methods, and procedures for the purpose of preventing or eliminating symptomatic, maladapted, or undesirable behavior and of enhancing interpersonal relationships, work and life adjustments, personal effectiveness, behavioral health, and mental health, as well as the diagnosis and treatment of the psychological and social aspects of physical illness, accident, injury, or disability. Psychology services may include, but shall not be limited to, those services based on diagnosis and treatment of mental and emotional disorders and psycho-educational or consultative techniques integral to the treatment of such disorders when diagnosis is specified in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, The International Classification of Disease Manual (ICD), or an equivalent of such manual as determined by the board. Psychological services may be rendered to individuals, families, groups, systems, or organizations.
IX. "Psychologist" means any person licensed as a psychologist under RSA 329-B:15.
X. "Psychology intern, resident, or fellow" means a person in training as a psychologist, subject to the provisions of this chapter and regulation by the board.
XI. "Psychotherapist" means a psychologist, licensed school psychologist-doctoral, or licensed school psychologist-specialist licensed under this chapter who performs or purports to perform psychotherapy.
XII. "Psychotherapy" means the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
XII-a. "School psychology practice" by a licensed school psychologist-doctoral or licensed school psychologist-specialist" means:
(a) Practices that permeate all aspects of service delivery through:
(1) Data-based decision making and accountability; and
(2) Consultation, coordination, and collaboration;
(b) Direct and indirect services for children, families, and schools which include:
(1) Student-level services including;
(A) Conducting, interpreting, and communicating the findings of assessments of students, including but not limited to their:
(i) Intellectual ability.
(ii) Cognitive processing.
(iii) Academic achievement.
(iv) Behavior.
(v) Social and emotional functioning.
(vi) Learning environments.
(vii) Adaptive functioning.
(B) Designing, implementing, monitoring, and adapting instructional and behavioral supports and interventions;
(C) Creating, implementing, evaluating, ordering, referring, and prescribing mental health interventions and direct services to develop social/emotional and life skills;
(2) Systems-level services including:
(A) Interacting effectively in a school setting by understanding systems, roles, curriculum, instruction, and assessment to promote socialization, learning, and mental health; and
(B) Implementing and evaluating school wide practices that promote learning; and
(3) Preventative and responsive services including:
(A) Applying principles of resilience and risk factors in learning and mental health;
(B) Promoting multi-tiered systems of support; and
(C) Formulating evidence-based strategies for effective crisis preparation, response, and recovery; and
(4) Foundations of professional school psychological services which include:
(A) Understanding and analyzing the diversity in human development and learning including culture, context, and individual differences;
(B) Explaining typical and atypical psychological and educational development in children and youth;
(C) Synthesizing, evaluating, and applying theories and models of research, empirical findings, and techniques related to student learning;
(D) Utilizing research design, statistics, measurement, and varied data collection and analysis techniques;
(E) Designing and implementing program evaluation to support evidence-based practices at the individual, group, and/or systems levels;
(F) Integrating the history and foundations of psychology into a professional identity and practice as a school psychologist; and
(G) Adhering to ethical, legal, and professional standards including:
(i) Ethical and professional decision making; and
(ii) Professional work characteristics and disposition that reflect personal integrity.
XII-b. "School psychology services" by a licensed school psychologist-doctoral or licensed psychologist-specialist" means the provision of services related only to functioning at school and transition to post-secondary goals, including: the observation, description, evaluation, interpretation, diagnosis, and modification of human behavior by the application of psychological and systems principles, methods, and procedures for the purpose of preventing or eliminating symptomatic, maladapted, or undesirable behavior and of enhancing interpersonal relationships, school and life adjustments, personal effectiveness, behavioral health, and mental health, as well as the diagnosis and treatment of the psychological and social aspects of physical illness, accident, injury, or disability. School psychology services may include, but shall not be limited to, those services based on diagnosis and treatment of mental and emotional disorders and psycho-educational or consultative techniques integral to the treatment of such disorders when diagnosis is specified in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association, The International Classification of Disease Manual (ICD), or an equivalent of such manual as determined by the board. School psychological services may be rendered to individuals, families, groups, systems, or organizations within school settings and other locations as provided in RSA 329-B:15-a, V.
XIII. "Sexual relations" means the intentional touching of any part of the client or patient's body or any verbal or nonverbal communication for the purpose of sexual arousal or gratification of either party.

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

Section 329-B:3

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

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

Section 329-B:4

    329-B:4 Committees Established; Duties. –
I. The board shall create 2 advisory committees for the purpose of assisting the board in its responsibilities under this chapter, including rulemaking under RSA 329-B:10.
(a) The psychologists advisory committee shall be chaired by a psychologist board member appointed by the board which shall have a maximum of 12 members, including up to 9 psychologists and up to 3 consumers appointed by the board.
(b) Members of the licensed school psychology advisory committee shall be appointed by the board and shall include: A licensed school psychologist-doctoral board member who shall be the chairperson of the committee, up to 9 licensed school psychologist-doctoral or licensed school psychologist-specialist members, and up to 3 consumer members who shall be school administrative personnel and/or parents of students, and one representative from the department of education bureau of credentialing. There shall be a maximum of 13 members.
II. The board shall create 2 committees for professional conduct investigations, one for licensed psychologists, and one for licensed school psychologist-doctoral and licensed school psychologist-specialists, for the purpose of assisting the board in its responsibilities under RSA 329-B:22 and RSA 329-B:23. A board investigator, appointed by the chairperson of the board with the advice and consent of the board, shall chair the professional conduct investigation committees. The balance of the membership of the professional conduct investigation committees shall be composed of persons licensed by the board for the committee's respective profession to a maximum of 12 members.
III. The board shall create a professional's health committee to administer the professional's health program which shall address issues that may impinge on a practitioner's ability to practice. A board member, appointed by the chairperson of the board with the advice and consent of the board, shall chair the professional's health committee. The balance of the membership of the professional's health committee shall be composed of persons licensed by the board to a maximum of 12 members.
IV. Members of committees established under this section shall be appointed by the board and shall serve at the pleasure of the board for no more than 3 consecutive, 2-year terms.
V. The board shall not form any standing committees other than those specified in this section.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:11, eff. Mar. 9, 2020.

Section 329-B:5

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

Section 329-B:6

    329-B:6 Qualifications; Administrative Members. –
I. Each nonpublic member of the board and the advisory committee shall be a resident of this state and licensed under the provisions of this chapter.
II. Each nonpublic member of the board and all licensed professionals performing board-related duties otherwise immune from civil action pursuant to RSA 329-B:21, V shall comply with and be subject to all provisions of this chapter and the licensee's professional ethical code in performing board-related duties.
III. Each public member of the board shall be a person who is not, and never was a member of the mental health profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of mental health services, a health insurance company, health maintenance organization, or an activity directly related to mental health practice, including representation of the boards or profession for a fee, at any time during the 5 years preceding appointment.
IV. Each public member of the board and the advisory committees shall be a resident of this state.

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

Section 329-B:7

    329-B:7 Compensation; Expenses. – Members of the board and members of the committees shall receive a per diem compensation of $100, for a meeting or any other board or committee activity requiring 2 or more hours in a 24-hour period, and shall be reimbursed for all actual travel, incidental, and clerical expenses necessarily incurred in carrying out the provisions of this chapter.

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

Section 329-B:8

    329-B:8 Removal of Members; Vacancies. – The governor and council may remove any member of the board for misconduct, incompetence, neglect of duty, or other sufficient cause after the member has been given a written statement of the charges and an opportunity to be heard regarding such charges. Any vacancy in the membership of the board occurring otherwise than by expiration of a member's term shall be promptly filled for the unexpired term, after which the replacement board member shall be eligible for one additional consecutive term if reappointed. The replacement board member shall be of the same qualification and appointed by the governor and council.

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

Section 329-B:9

    329-B:9 Organization and Meetings. –
I. The board shall hold regular annual meetings. Other meetings of the board shall be held at such times and upon such notice as the rules of the board provide. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
II. When a quorum is not available for just and timely resolution of a specific matter, former board members or members of the advisory committees may be appointed by the board to serve as acting board members for purposes of obtaining the minimum quorum in the resolution of that specific matter or in an adjudicatory hearing. Advisory committee members shall have the same qualification as the missing or recused board member.

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

Section 329-B:10


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    329-B:10 Board; Responsibilities and Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for any license issued under this chapter.
II. Procedures for expedited licensure for applicants from other states who qualify under RSA 329-B:20.
III. The qualifications of applicants in addition to those required by statute.
IV. The design and content of all forms required under this chapter.
V. How an applicant shall be examined, including:
(a) Time and place of examination.
(b) The subjects to be tested.
(c) Passing grade.
(d) Disposition of examination papers.
VI. How a license shall be renewed, reinstated, or placed on inactive status.
VII. (a) Ethical standards, as promulgated by the American Psychological Association, required to be met by each psychologist licensed under this chapter, and how a psychologist license may be revoked for violation of these standards.
(b) Ethical standards, as promulgated by the National Association of School Psychologists, required to be met by each licensed school psychologist-doctoral and licensed school psychologist-specialist licensed under this chapter, and how a licensed school psychologist-doctoral or licensed school psychologist-specialist license may be revoked for violation of these standards.
(c) Competence standards for licensees under this chapter.
VIII. Procedures, standards, and supervision requirements for candidates for licensure, consistent with the standards established by the advisory committee and the board. All candidates for licensure shall be documented with the board.
IX. Establishment of the scope of practice for psychologists, licensed school psychologist-doctoral, and licensed school psychologist-specialist.
X. Procedures for assuring the continuing competence of psychologists, licensed school psychologists-doctoral, and licensed school psychologists-specialist licensed under this chapter including, but not limited to, continuing education requirements, and the professional's health program.
XI. How licensees shall provide evidence of good professional character and reliability to satisfy the board that they shall faithfully and conscientiously avoid professional misconduct and otherwise adhere to the requirements of this chapter.
XII. Procedures for accepting and responding to written complaints, publicizing the complaint procedure, standards of and procedures for conducting investigations, investigator training requirements, and procedures for conducting disciplinary hearings and alternative dispute resolution under this chapter.
XIII. The content of the materials and information to be distributed under RSA 329-B:14.
XIV. Requirements to be met by licensees relative to the disclosure of information to clients, patients and the general public concerning the nature of psychological and school psychological services and the responsibilities of psychologists, licensed school psychologists-doctoral, and licensed school psychologists-specialist to clients or patients in RSA 329-B:32.
XV. Procedures for receiving and addressing complaints against licensees who have had a personal or professional relationship with a board member.
XVI. Procedures relative to the disclosure to the public of final disciplinary actions by the board, including those actions that occur without holding a public hearing. Dismissed complaints shall not be made public.
XVII. Standards of care for the practice of telemedicine or tele-health.
XVIII. Guidance for providing informed consent under RSA 329-B:32.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:14-16, eff. Mar. 9, 2020.

Section 329-B:10-a

    329-B:10-a Completion of Survey; Rulemaking. – The board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

Source. 2017, 131:9, eff. June 16, 2017. 2019, 254:11, eff. July 1, 2019.

Section 329-B:11

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

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

Section 329-B:12

    329-B:12 Establishment of Fees. –
I. The fee for an initial license shall be $300. The license shall be renewed biennially on or before June 30 upon payment of a $300 renewal fee.
II. The board shall establish fees applicable to psychologists for review of applicants; reinstatement of license; inactive license status; reactivation of an inactive license; examination of applicants; transcribing and transferring records; and other services, including investigations and hearings conducted under this chapter.

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

Section 329-B:13

    329-B:13 Records and Reports. –
I. The board shall keep records of its proceedings and separate registers of all applications for licensure and all complaints filed against licensees. Such records shall show information relative to the application or complaint and the board's response to the application or complaint, without disclosing the identity of those involved, as the rules of the board may prescribe. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary investigations and records otherwise exempt from disclosure under RSA 91-A or other applicable statutes.
II. Biennially, as of October 1, the board shall submit to the governor a report of the applications, licensure, and other activity of the preceding biennium, and shall also transmit a complete statement of the expenditures of the board.

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

Section 329-B:14

    329-B:14 Information on Sexual Misconduct. – The board shall inform all applicants for licensure under this chapter that the board deems sexual misconduct as provided in RSA 329-B:30 to be unethical, unprofessional, and dishonorable conduct subject to disciplinary action by the board. The board shall make available to all licensees, or persons applying for licensure, under this chapter information and materials, as determined by the board, pursuant to rules adopted under RSA 541-A, regarding such sexual misconduct.

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

Section 329-B:14-a


See Emergency Order #18 (NH LEGIS E.O. 2020-18-Emerg. (2020, 2018:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    329-B:14-a Criminal History Record Checks. –
I. Every applicant for initial permanent licensure or reinstatement shall submit to the board a criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board.
IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.

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

Section 329-B:15


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    329-B:15 Psychologist License. –
I. The board shall issue a psychologist license to any person who:
(a) Has passed a satisfactory examination in psychology.
(b) Has received the doctoral degree based on a program of studies, the content of which was primarily psychological, from a regionally accredited educational institution having a graduate program, or its substantial equivalent in both subject matter and extent of training.
(c) Has had at least 2 years of satisfactory, supervised experience in the field of psychology.
(d) Is of good professional character.
(e) Has paid all fees established and collected by the board.
(f) Has submitted a complete set of fingerprints and a criminal history records release form in accordance with RSA 329-B:14-a.
II. Examinations for applicants under this chapter shall be held by the board at least once each year. The board shall determine the subject and scope of the examination, which may be written, oral, or both. If an applicant fails the first examination, the applicant may be admitted to a subsequent examination upon the payment of an additional fee in the amount established by the board.

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

Section 329-B:15-a


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    329-B:15-a Licensed School Psychologist-Doctoral and Licensed School Psychologist-Specialist. –
I. The board shall issue a license for the title of licensed school psychologist-doctoral to any person who has a doctoral degree in psychology and:
(a) Is certified as a school psychologist by the New Hampshire department of education, bureau of credentialing; and
(b) Has completed all of the following requirements:
(1) Has passed a satisfactory examination in psychology as determined by the board including a national school psychologists' examination.
(2) Has met education and other requirements determined by the board.
(3) Is of good professional character.
(4) Has submitted a complete set of fingerprints and a criminal history records release form in accordance with RSA 329-B:14-a.
(5) Has paid all fees established by the office of professional licensure and certification established under RSA 310-A:1-a and collected by the board.
II. The board shall issue a license for the title of licensed school psychologist-specialist to any person who does not have a doctoral degree and:
(a) Is certified as a school psychologist by the New Hampshire department of education, bureau of credentialing; and
(b) Has completed all of the following requirements:
(1) Has passed a satisfactory examination in psychology as determined by the board including a national school psychologists' examination.
(2) Has met education and other requirements determined by the board.
(3) Is of good professional character.
(4) Has submitted a complete set of fingerprints and a criminal history records release form in accordance with RSA 329-B:14-a.
(5) Has paid all fees established by the office of professional licensure and certification established under RSA 310-A:1-a and collected by the board.
III. The following shall apply to those school psychologists who are certified by the department of education on the effective date of this section:
(a) Each certified school psychologist in good standing who holds a doctoral degree in psychology shall be licensed as licensed school psychologist-doctoral.
(b) Each certified school psychologist in good standing who does not hold a doctoral degree in psychology shall be licensed as licensed school psychologist-specialist.
(c) Those certified school psychologists who are subject to discipline or are under review, or who are under investigation shall be reviewed by the board which shall grant, deny, or issue a license with conditions as determined by the board.
(d) Those school psychologists granted licenses under this paragraph shall be exempt from fees for the initial license period which shall extend beyond that individual's certification in school psychology by 3 months and shall include an additional year for those whose certifications from the department of education would expire in June of 2020. Following that time, such individual shall be eligible for renewal under the rules established by the board and upon payment of the applicable fee.
IV. Examinations for applicants under this section shall be held by the board at least once each year. The board shall determine the subject and scope of the examination, which may be written, oral, or both. If an applicant fails the examination, the board shall deny the license or specify conditions under which the applicant may be admitted to a future examination according to board rules.
V. Unless otherwise licensed under another provision, a licensed school psychologist-doctoral or licensed school psychologist-specialist licensure is for services provided in those settings that are provided in an educational institution. No persons licensed under this section may provide services outside such settings if the services are directly related to the client's improvement of school functioning including but not limited to learning, development, social and emotional functioning, and behavior, but any services provided outside of the school shall relate to such person's students and his or her employment in a school. No persons licensed under this section shall hold themselves out as psychologists, psychological examiners, or by any business name incorporating variations of those titles other than school psychologists or nationally certified school psychologists unless they are otherwise licensed under another provision.
VI. The board shall provide materials and information concerning licensed school psychologists-doctoral and licensed school psychologists-specialist to the department of education bureau of credentialing that will further the proper administration of the credentials of each department.

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

Section 329-B:16

    329-B:16 Electronic Practice of Psychology, Tele-Health, Telemedicine. –
I. Persons licensed by the board shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
II. Persons licensed by the board who practice electronically shall be subject to standards of care for the practice of telemedicine and tele-health for psychology established by the board pursuant to rules adopted under RSA 541-A.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 27:25, eff. July 21, 2020.

Section 329-B:17

    329-B:17 Unlawful Practice; Penalty. –
I. Except as provided in RSA 329-B:20 and RSA 329-B:28, it shall be unlawful for any person to be engaged in psychology, licensed school psychology-doctoral, or licensed school psychology-specialist practice unless that person is licensed by the board or working under the direct supervision of a person licensed by the board. The license of such person shall be current and valid. It shall be unlawful for any person to practice as or to refer to oneself as a psychologist, licensed school psychology-doctoral, or licensed school psychology-specialist or use the word "psychology" or "psychological" in such person's title or in the title of such person's work products unless that person is licensed by the board or working under the direct supervision of a person licensed by the board.
II. Except as otherwise provided in this chapter, any person who violates paragraph I or paragraph III of this section or who violates any of the other provisions of this chapter relating to psychology, or, having had his or her license suspended or revoked, shall continue to represent himself or herself as a licensed psychologist, licensed school psychology-doctoral, or licensed school psychology-specialist, shall be guilty of a class A misdemeanor if a natural person, and a felony if any other person, and each violation shall be deemed a separate offense.
III. Any person whose license under this chapter has been suspended or revoked by the board for disciplinary action under RSA 329-B:21 or sexual misconduct under RSA 329-B:30 shall not engage in psychology, licensed school psychology-doctoral, or licensed school psychology-specialist practice as defined in RSA 329-B:2, VII and VIII unless and until the suspension or revocation of the license has been lifted.

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

Section 329-B:18

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

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

Section 329-B:19

    329-B:19 Civil Claims. – Any person injured by the actions of a person engaged in the practice of unlicensed psychology, licensed school psychology-doctoral, or licensed school psychology-specialist in violation of any of the provisions of this chapter may bring a civil action to recover damages suffered by reason of the violations.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:19, eff. Mar. 9, 2020.

Section 329-B:20

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

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

Section 329-B:21


See Emergency Order #29 (NH LEGIS E.O. 2020-29-Emerg. (2020, 2029:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    329-B:21 Disciplinary Action. –
I. The board may, for just cause, undertake an investigation or disciplinary proceedings:
(a) Upon its own initiative.
(b) Upon referral from the advisory committee.
(c) Upon written, signed, and sworn statement of any person which charges that a person licensed under this chapter has committed misconduct under paragraph II and which specifies the grounds for such charges.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include any allegations of:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.
(b) Conviction of a felony or any offense involving moral turpitude.
(c) Any unprofessional conduct or dishonorable conduct, unworthy of and affecting the practice of the profession, including sexual misconduct as provided in RSA 329-B:30.
(d) Unfitness or incompetency by reason of negligent habits or other causes, or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee.
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this chapter.
(f) Mental or physical incapacity to practice under this chapter, as established by an independent medical or psychiatric evaluation.
(g) Willful, egregious, or repeated violation of the provisions of this chapter.
(h) Suspension or revocation of a license or registration, similar to one issued under this chapter, in another jurisdiction and not reinstated.
(i) Any misconduct according to the law, rules, or ethical requirements applicable at the time of the alleged misconduct.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By reprimand.
(b) By suspension, limitation, or restriction of a license for a period of up to 5 years.
(c) By denial or revocation of a license.
(d) By requiring the person to participate in a program of continuing education, supervision, or treatment in the area or areas in which the person has been found deficient.
(e) By assessing administrative fines in amounts established by the board which shall not exceed $2,000 per offense, or, in the case of continuing offenses, $200 for each day up to a total not exceeding $2,000. All amounts collected shall be paid to the state treasurer for deposit in the general fund.
IV. The board may take confidential nondisciplinary actions toward a licensee in any one or more of the following ways:
(a) By mediation.
(b) By letter of concern.
(c) By recommendation for training or supervision.
(d) By referring a licensee to the professional's health program when the licensee presents himself or herself to the board seeking help, or is referred to the board through a third party prior to any allegations of misconduct, or following a complaint.
V. No civil action shall be maintained against the board or any member of the board or its agents or employees with regard to any action or activity taken in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any organization or its members or against any other person for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter. Agents of the board granted immunity from civil action shall include persons assigned by the board to supervise disciplined licensees under board-imposed disciplinary requirements. Agents granted civil immunity shall not include supervisors of candidates for licensure. Any member of the board, employee, or agent shall comply with the ethical standards of his or her profession.
VI. Nothing in this chapter shall be construed to restrict the right of appeal under RSA 541.

Source. 2012, 233:1, eff. July 1, 2013. 2017, 192:7, 8, eff. July 1, 2017.

Section 329-B:22

    329-B:22 Investigations and Complaints. –
I. The board shall investigate possible misconduct by licensees and other matters within the scope of this chapter. Investigations may be conducted formally, after issuance of a board order setting forth the general scope of the investigation, or informally, after a board vote to seek additional information, without such an order. In either case, information gathered subsequent to the initiation of and during such investigations shall be exempt from the public disclosure provisions of RSA 91-A, except to the extent such information may later become the subject of a public disciplinary hearing. The existence of a complaint and status of the investigation, without disclosing the identity of those involved, shall be subject to the disclosure provisions of RSA 91-A. The board may disclose information acquired in an investigation to law enforcement only if it involves suspected criminal activity, to health licensing agencies in this state or any other jurisdiction if the licensee has or is seeking additional licenses, or as required by specific statutory requirements or court orders. A licensee under this chapter shall be promptly informed of the nature and scope of any pending investigation.
II. Any board member who has had a personal relationship or has worked in a professional capacity with a complainant or with a licensee against whom a complaint has been filed or whose personal or professional views regarding the licensee or the complainant could prevent the board member from being impartial in considering the complaint shall recuse himself or herself from any investigation or disciplinary action against such licensee. If the chairperson of the board is recused the remaining board members shall elect an acting chairperson from among the board. The chairperson or acting chairperson shall appoint a former board member or a member from the advisory committee to replace the recused board member during the investigation and proceedings against the licensee.
III. After determining the nature and scope of an investigation or hearing, the board may employ or retain hearing officers, legal counsel, medical advisors, psychologist or school psychology advisors, or investigators through the office of professional licensure and certification to assist with that investigation or hearing. Members of the board are not eligible for retention.
IV. The form taken by an investigation is a matter reserved to the discretion of the board. The board may, with just cause, conduct investigations on an ex parte basis only if there is an imminent danger to life or health of a client or patient.
V. (a) The board or its designee may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents and objects only in a formal investigation or an adjudicatory hearing, except that subpoenas for psychological records as provided in paragraph VI may be issued at any time.
(b) The board may serve a subpoena on a licensee by certified mail in accordance with the procedures and fee schedules used in superior court.
(c) Any subpoena related to appearance at a hearing or investigatory proceeding issued by the board shall be annotated "Fees Guaranteed by the New Hampshire Board of Psychologists" in order to be valid.
(d) A minimum of 48 hours' notice shall be given for compliance with a subpoena issued under this chapter.
VI. Subject to the limitations of RSA 329-B:26, and this section, the board may, with just cause and at any time, subpoena copies of mental health or psychological records from its licensees and from hospitals and other health care providers licensed in this state. Such subpoenas shall be served by certified mail or by personal delivery. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this section. The board shall obtain, handle, archive, and destroy mental health and psychological records as follows:
(a) If the client/patient owning the privilege is the person who has made the allegations against the licensee, the board may access the records of such client/patient. The allegation statement form provided by the board and initial follow up correspondence shall clearly indicate that the making of allegations of misconduct by a client/patient who is the owner of the privilege shall override the privacy of that record for the purpose of the board's confidential investigations and proceedings. The client/patient's identity, however, shall not be disclosed to the public in any manner or in any proceeding of the board without his or her consent. If the client/patient named in the complaint is a child, the legitimate assertion of the privilege by one natural or adoptive parent or legal guardian is sufficient for this paragraph to apply. The board may act on that parent or guardian's initiation of complaint regardless of the objection of the other parent or guardian.
(b) If the person who has made the allegations against the licensee is not the owner of the privilege for the records of the client/patient named in the complaint whose treatment is under investigation by the board, the records for an investigation shall be treated as follows:
(1) When the board reviews the initial allegations and upon all further reviews of the case by the board, the identity of the named client/patient shall be redacted from the documents reviewed by the board.
(2) Upon issuance by the board of an order of investigation and prior to the assignment of the case to the investigation team, the name of the client/patient under this subparagraph shall be provided to the immediate investigation team in order to determine the need for recusal of those members before accepting the assignment in a manner as described in subparagraph (g).
(3) The record of a client/patient under this subparagraph that has been specifically named in the complaint may be obtained by the board's investigation team as specified:
(A) The board may order its administrator or investigator to request permission from the client/patient to obtain the record for the investigation, informing the client/patient about the bounds of confidentiality of such records and the nature of the investigation process. If the client/patient grants permission, the board may obtain the copies of the record from the licensee.
(B) If the client/patient denies permission for access to the record, or if the board chooses to omit the request for permission, the procedures of subparagraphs (c)(4), (5), (6), and (8) shall apply to the handling of those records and requests for interviews.
(4) Personally identifiable information pertaining to a client/patient under this subparagraph shall remain known only to the immediate investigation team assigned to the case, which may include an administrative prosecution unit attorney, a professional conduct investigator, the board administrator, and only those additional investigative assistants as the immediate investigation team deems necessary to accomplish the investigation of the case.
(5) All communication beyond the immediate investigation team, with the professional conduct committee, consultants, or the board, pertaining to these clients/patients shall be conducted without the use of personally identifiable information.
(6) At the conclusion of the investigation and prior to review of the report of investigation, the identity of the client/patient under subparagraph (b) shall be disclosed to members of the board to determine the need for recusal of its members as described in subparagraph (g) of this section.
(7) The identity of a client/patient shall not be disclosed to the public in any manner or in any proceeding of the board without his or her consent.
(c) Records of client/patients who are not named in the initial allegations shall be treated as follows:
(1) If the investigation team wishes to obtain records of, or contact, clients/patients not named in the original order of investigation, the investigation team shall make its request to the board with reasons for the request, shall specify the scope of cases and types of records requested, and shall state the name of the individual authorized to contact any client/patient.
(2) Upon issuance of an order of investigation by the board pertaining to treatment of patients defined in this subparagraph, the names of the clients/patients that fulfill the criteria of selection may be made available to the immediate investigation team for purposes of determining whether recusal issues pertain to their selection for the investigation as described in subparagraph (g).
(3) If the board orders investigation into client/patient cases who are not named in the original allegations, it shall specify whether these clients/patients may be contacted directly by the investigation team.
(4) For records requested under this subparagraph, a licensee shall be instructed to provide records that are redacted of personally identifiable information as specified in subparagraph (f). Each record shall be marked with an identifying code and the licensee shall provide to the board administrator the contact information for corresponding clients/patients.
(5) The board administrator shall separately store in a secure manner the list of these client/patient codes with corresponding contact information.
(6) If the investigation team has just cause to verify its redacted copies against originals of the records of specified cases, it shall request permission of the board giving reason for its request. If the board grants permission, the investigation team may have access to the identified records. Originals of the records may be viewed at a time and location determined by the investigation team. The investigation team may request a copy of the identified original records be sent to the immediate investigation team. The investigation team may then proceed to review the original or copies of the identified records in comparison with the redacted copies to ascertain their completeness and accuracy. Copies and corrections to the redacted records may be made by the investigation team, after which any identified copies in the possession of the investigation team shall be destroyed and original records returned to the licensee.
(7) When permission has been granted by the board pursuant to subparagraph (c)(1) to contact clients/patients pertaining to this subparagraph, access to the contact information is limited to the professional conduct investigators and administrative prosecution unit attorneys assigned to the case, the administrative clerk who manages the confidential files of the case, and any assistants specifically approved by the board for contact.
(8) The member of the immediate investigation team making contact with clients/patients pursuant to subparagraph (c)(1), shall request permission from the clients/patients to conduct an interview and shall include an explanation that they may grant or refuse permission for such interview and that there are no adverse personal consequences of any kind for refusal to grant permission or for withdrawing permission at any time in the process. The investigation team member may inform the clients/patients that refusal to participate may prevent the investigation to proceed or reach a conclusion. The investigation team member shall predicate continuation of the interview on the client/patient's agreement to a confidentiality agreement concerning the licensee and the existence of the investigation.
(9) At the conclusion of the investigation and prior to review of the report of investigation, the identity of the client/patient under this paragraph shall be disclosed to members of the board to determine the need for recusal of its members as described in subparagraph (g).
(10) The identity of each client/patient shall be redacted by the administrator or investigation team from any documents reviewed by the board.
(11) The identity of a client/patient defined in this subparagraph shall not be disclosed to the public in any manner or in any proceeding of the board without his or her consent.
(d) The mental health or psychological records obtained through subparagraphs (a), (b), and (c) shall, if archived, be treated as follows:
(1) At or before the conclusion of the licensee investigation case, including all disciplinary action and completion, remediation and sanctions ordered and completed, and completion of all appeals, and appeal periods, the client/patient records shall be reduced to those clients/patients and sections of records that had been included in the prosecution, defense, deliberation, and determination of the case. Client/patient materials not pertinent to the above shall be destroyed;
(2) Materials retained in subparagraph (d)(1) pertaining to clients/patients other than the complainant shall be redacted of all personally identifiable information; and
(3) The identification and contact information collected during the investigation for clients/patients other than the complainant shall be destroyed prior to archiving.
(e) The archived mental health or psychological records shall be destroyed according to the attorney general's archive destruction schedule.
(f) For the purposes of this paragraph:
(1) "Record" means health or psychological information collected from or about an individual that:
(A) Is created or received by a health care provider, health plan, employer, or health care clearinghouse; and
(B) Relates to the individual, the past, present, or future physical or mental health or psychological condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual.
(2) "Personally identifiable information" means information which identifies an individual or which a reasonable person would believe can be used to identify an individual, which includes common and uncommon identifiers, including but not limited to name, address, birth date, social security number, court docket number, insurance policy number, and any other identifiers of an individual and of the individual's known relatives, household members, and employers that a reasonable person would believe could identify the individual to whom the record pertains.
(g) In the process of determining recusal, the security of the client/patient's identity shall be preserved, as follows:
(1) Before engaging in any cases as defined in subparagraph (a), board members, investigators, and others as specified in this paragraph with access to case files shall first review the name of the client/patient before proceeding with the case. If a conflict of interest is revealed, that person shall recuse himself or herself from the case.
(2) Before engaging in any cases defined in subparagraph (b), the immediate investigation team members at the onset of investigation, board members at the time of reviewing the findings of the formal investigation, and any others authorized in this paragraph to have access to the case prior to commencing review of such cases shall first determine if there is a need for recusal. The name and town of the client/patient shall be embedded in a list of at least 12 other names and towns prepared by the board administrator. The list shall be reviewed by the team member in the presence of the board administrator. Telephonic review is permitted. The member shall not retain a written record of the list. The member shall indicate which if any names would present reasons for recusal for that member. If the names indicated by the member do not include the client/patient as known to the administrator, then the member shall be permitted to participate in the case.
(3) If a client/patient as defined in subparagraphs (b) or (c) testifies or intends to attend the hearing of the case involving his or her treatment, in which the board may see the client/patient inadvertently or directly, the client/patient's name shall be revealed to the board members so that they may have the opportunity to recuse themselves prior to the proceeding, and the client/patient shall be informed beforehand of such disclosure.
(4) For recusal issues pertaining to clients/patients selected under paragraph (c) of this section, the investigation team shall review the names of the clients/patients who qualify for the scope of investigation as defined in the order by the board, after which team members shall determine if recusal issues occur. The names and towns of the selected clients/patients shall be embedded in a list containing at least 25 percent other names and towns prepared by the board administrator. The list shall be reviewed by the team member in the presence of the board administrator. Telephonic review is permitted. The member shall not retain a written record of the list. Each member shall indicate which if any names would present reasons for recusal for that member. If the names indicated by the member do not include the clients/patients as known to the administrator, then the member shall be permitted to participate in the case. If a case presents a recusal issue, then the investigation team shall either disqualify clients/patients from the list or shall disqualify the team member from handling those cases, as the expeditious handing of the investigation and the interests of justice require.
(5) When board members review the reports of investigations that include case information pertaining to clients/patients as defined in subparagraph (c), they shall review their names prior to reading such reports in the following manner:
(A) If there are 10 or fewer cases with individual clinical information presented, then the methods of testing for recusal shall follow the recusal procedures of subparagraph (g)(2).
(B) When the report includes clinical information pertaining to more than 10 cases, then the recusal methods of subparagraph (g)(4) shall apply.
(C) When such clients'/patients' information is presented only in aggregate form, no recusal is required.
(h) Testimony by clients/patients shall be handled with utmost regard for their privacy and protection of their identity from public disclosure.
(1) A client/patient as defined under subparagraphs (b) or (c) shall not be compelled to testify at a board hearing.
(2) If a client/patient as defined in subparagraphs (b) or (c) testifies at a hearing, his or her identity shall be screened from the public view and knowledge, although the respondent and attorneys shall be within the view of the client/patient. The board may view the client/patient. The public's access to the view or information that would identify the client/patient shall be restricted. At the board's discretion, the hearing may be closed to the public for the duration of the client/patient's testimony.
(3) If a client/patient who is party to the complaint requests such privacy safeguards as in subparagraph (h)(2), the accommodations of that subparagraph may likewise be made at the discretion of the board.
(i) Licensees shall comply with board requests for client/patient records and all redaction requirements specified under this section. Failure to comply with lawful requests of the board under this section may subject the licensee to discipline as the board may determine.
VII. All licensees shall have the duty to notify the board of their current business and residence addresses, and shall notify the board of any change to either address within 30 days of the change.
VIII. Except for good cause shown, the board shall mail a copy of any allegations of misconduct to any licensee who is the subject of the allegations. Allegations that do not rise to the level of complaint shall not require a response from the licensee. In the case of allegations meeting the level of complaint, licensees shall provide a detailed and good faith written response as directed by the board. The licensee shall provide complete copies of the licensee's office records concerning any client or patient in the complaint pursuant to RSA 329-B:22, VI. The licensee shall respond to such request within a reasonable time period of not less than 30 days, as the board shall specify in its written request. The detailed complaint and licensee's response shall be exempt from disclosure under RSA 91-A unless the licensee successfully petitions the board to make them available pursuant to RSA 91-A:4. The patient's record shall be exempt from disclosure under RSA 91-A.
IX. The board may dismiss complaints when the undisputed allegations do not warrant disciplinary actions and may settle complaints informally with the consent of the licensee. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues which the board chooses to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that the complainant is given an opportunity to comment on the terms of the proposed settlement. Prior to the settlement or other negotiated termination of proceedings, the board, or an agent authorized by the board, shall provide the licensee with a summary of the investigation, which shall include an overview of the evidence, including incriminating and exculpatory elements. The summary of the investigation shall remain confidential to the licensee, his or her counsel, and other parties as determined by the board.
X. Except as otherwise provided in this chapter, including paragraph VIII, the existence of an allegation of misconduct shall be confidential and shall not be required to be reported by the licensee to any person. Insurance carriers and certifying bodies shall be prohibited from asking about the existence of such allegations and shall not hold the existence of such allegations in this chapter against the licensee in any way, including, but not limited to, denial of any professional privileges or increased costs, fees, or charges.

Source. 2012, 233:1. 2015, 276:105, eff. July 1, 2015. 2017, 192:9-11, 13, eff. July 1, 2017. 2020, 6:21, eff. Mar. 9, 2020.

Section 329-B:23

    329-B:23 Hearings. –
I. Any complaint not dismissed or settled informally shall be heard by the board. Such hearing shall be an open public hearing. Any member of the board shall have the authority to preside at such a hearing and to issue oaths or affirmations to witnesses.
II. The board shall furnish the respondent and the complainant, if any, at least 15 days' written notice of the date, time, and place of a hearing, except as otherwise provided in this chapter. Such notice shall include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written, signed, and sworn statement or upon the board's own motion, or both. If a written, signed, and sworn statement is involved, the notice shall provide the complainant with a reasonable opportunity to intervene as a party.
III. The board may, before or after the commencement of an adjudicatory hearing, dispose of disciplinary or licensure allegations arising under this chapter by order of dismissal, settlement, default, consent order, or summary judgment order. In disciplinary hearings, the board may hold prehearing conferences which shall be exempt from the provisions of RSA 91-A, but all final disciplinary actions, including those which occur without holding a public hearing, shall be publicly released at the time they are served upon the parties.
IV. The respondent shall be heard in his or her defense either in person or by counsel and may produce witnesses and testify in his or her behalf. A stenographic record of the hearing shall be taken and preserved. The hearing may be adjourned from time to time.
V. Every final disciplinary action and other adjudicatory decisions made final by the board shall be reduced to writing and served upon the parties. Such decisions shall not be public until they are served upon the parties.
VI. The board shall have no obligation or authority to appoint or provide an attorney to any person appearing at a board hearing or investigation.
VII. Final licensure and disciplinary actions of the board may be appealed to the supreme court under the procedures set forth in RSA 541. However, no sanction imposed by the board shall be stayed during appeal.

Source. 2012, 233:1, eff. July 1, 2013. 2017, 192:14, eff. July 1, 2017.

Section 329-B:24

    329-B:24 Temporary Suspension Where Imminent Threat. – In cases involving imminent danger to life or health, the board may order suspension of a license pending hearing for a period of not more than 90 days. In such cases, the basis for the board's finding of imminent danger to life or health shall be reduced to writing and combined with a hearing notice which complies with RSA 329-B:23, II. A licensee may be allowed additional time to prepare for a hearing, but any additional time for preparation shall result in an extension of license suspension commensurate with the additional time extended.

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

Section 329-B:25


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    329-B:25 Expirations, Renewals, Reinstatements, and Inactive Status. –
I. It shall be the duty of the board to notify every person licensed by the board under this chapter of the date of expiration of the license and the amount of the fee that shall be required for its renewal period. Such notice shall be mailed at least 2 months in advance of the date of expiration of such license. Renewal shall be conditional upon filing a timely and complete renewal application and payment of the renewal fee.
(a) Psychologist licenses shall be valid for a period of 2 years and shall become invalid on the expiration date unless renewed or reinstated, which shall be for a 2-year period.
(b) Licensed school psychologist-doctoral and licensed school psychologist-specialist licenses shall be valid for a period of 3 years and shall become invalid on the expiration date unless renewed or reinstated, which shall be for a 3-year period.
II. If a license is not renewed it may be reinstated not later than 6 months after the date of license expiration upon compliance with rules adopted by the board and payment of the reinstatement fee. A license may be placed on inactive status pursuant to rules adopted by the board.
III. Upon the request of a person licensed by the board who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty, the board shall place such person's license on inactive status. The license may be reactivated, after notification to the board, within one year of the person's release from active duty by application to the board of psychologists providing that no more than 4 years has passed since the change to inactive status.

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

Section 329-B:26

    329-B:26 Privileged Communications. – The confidential relations and communications between any person licensed under provisions of this chapter and such licensee's client or patient are placed on the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communications to be disclosed, unless such disclosure is required by a court order. Confidential relations and communications between a client or patient and any person working under the supervision of a person licensed under this chapter which are necessary and customary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with the supervising person licensed under this chapter, unless such disclosure is required by a court order. This section shall not apply to hearings conducted pursuant to RSA 135-C:27 through 135-C:54 or RSA 464-A.

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

Section 329-B:27


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    329-B:27 Prior Licensure and Jurisdiction. –
I. Any psychologist who was licensed under the provisions of RSA 330-A on June 30, 2012, shall continue to be licensed and shall be under the jurisdiction of the board under RSA 329-B.
II. All complaints in process pertaining to psychologists or their trainees under board consideration, investigation, supervision, discipline, settlement, consent decree, and all other matters under RSA 330-A on June 30, 2012 shall be under the jurisdiction of the board under RSA 329-B.
III. All supervision agreements and license applications and renewals, pertaining to psychologists and psychology students in effect or under consideration under RSA 330-A on June 30, 2012 shall be under the jurisdiction of the board under RSA 329-B.
IV. Except for administrative rules relating to establishing and collecting fees for psychologists, administrative rules pertaining to psychologists adopted under RSA 330-A that are in effect on June 30, 2012, shall remain in effect and be administered by the board of psychologists under RSA 329-B until such rules are amended, repealed, superseded, or expired.
V. Any psychologist or public member who served on the board established under RSA 330-A prior to June 30, 2012 shall be considered a former member of the board established under this chapter.
VI. All complaints in process pertaining to school psychologists or their trainees under certificate consideration, investigation, supervision, discipline, settlement, consent decree, and all other like matters under RSA 21-N on the effective date of this paragraph shall be communicated to the board under this chapter.
VII. All corrective supervision agreements pertaining to school psychologists, associate school psychologists, and school psychology students in effect or under consideration under RSA 21-N on effective date of this paragraph shall be communicated to the board under this chapter.
VIII. Any doctoral level school psychologist who served on the board established under RSA 21-N prior to the effective date of this paragraph shall be considered a former member of the board established under this chapter.

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

Section 329-B:28


See Emergency Order #46 (NH LEGIS E.O. 2020-46-Emerg. (2020, 2046:1.)), issued pursuant to Executive Order 2020-04 (NH LEGIS E.O. 2020-04 (2020, 1004:1.)) as extended by Executive Orders 2020-05 (NH LEGIS E.O. 2020-05 (2020, 1005:1.)); 2020-08 (NH LEGIS E.O. 2020-08 (2020, 1008:1.)); 2020-09 (NH LEGIS E.O. 2020-09 (2020, 1009:1.)); 2020-010 (NH LEGIS E.O. 2020-010 (2020, 1010:1.)); 2020-014 (NH LEGIS E.O. 2020-014 (2020, 1014:1.)); 2020-015 (NH LEGIS E.O. 2020-015 (2020, 1015:1.)); 2020-016 (NH LEGIS E.O. 2020-016 (2020, 1016:1.)); 2020-017 (NH LEGIS E.O. 2020-017 (2020, 1017:1.)); 2020-018 (NH LEGIS E.O. 2020-018 (2020, 1018:1.)); 2020-020 (NH LEGIS E.O. 2020-020 (2020, 1020:1.)); 2020-021 (NH LEGIS E.O. 2020-021 (2020, 1021:1.)); 2020-022 (NH LEGIS E.O. 2020-022 (2020, 1022:1.)); 2020-023 (NH LEGIS E.O. 2020-023 (2020, 1023:1.)); 2020-024 (NH LEGIS E.O. 2020-024 (2020, 1024:1.)); 2020-025 (NH LEGIS E.O. 2020-025 (2020, 1025:1.)); 2021-01 (NH LEGIS E.O. 2021-01 (2021, 1001:1.)), related to the COVID-19 State of Emergency, for potential impact on the terms of this section.
    329-B:28 Persons Exempted. –
I. Nothing in this chapter shall be construed to limit:
(a) The activities of any person licensed or permitted under RSA 330-A.
(b) The psychotherapy activities or services of a person in the employ of a state, county, or municipal agency, other political subdivision, or duly chartered educational institution, insofar as such activities and services are a part of the duties of such person in that salaried position.
(c) The psychotherapy activities and services of a student, intern, or resident in a mental health discipline regulated by the board, who is pursuing a course of study approved by a regionally accredited degree-granting institution or at another training site approved as providing qualifying training and experience constituting a part of the supervised course of study.
(d) The counseling activities and services of rabbis, priests, ministers, Christian Science practitioners, clergy, or members of religious orders when their counseling activities are within the scope of the performance of their regular or specialized ministerial duties and are performed under the auspices or sponsorship of an established and legally recognized church or denomination.
(e) The psychotherapy activities and services of any other person providing mental health services as an employee of or consultant to an institution, facility, or nonprofit institution or agency which provides clinical mental health services and which provides clinical supervision of its staff and which assumes professional, ethical, and legal responsibility for such mental health services.
(f) The psychotherapy activities of individuals who volunteer their services to nonprofit charitable organizations and receive no remuneration for their services.
(g) The psychotherapy activities and services of physicians licensed under RSA 329, and advanced registered nurse practitioners, licensed under RSA 326-B:18.
II. Nothing in this chapter shall be construed to prevent the New Hampshire department of education from credentialing individuals with the title certified school psychologist or certified associate school psychologists to provide school psychological services in those settings that are under the purview of the New Hampshire department of education. In addition, nothing in this chapter shall be construed to limit the ability of an educator in the field of psychology in a duly chartered educational institution to use his or her appropriate title.
III. Nothing in this chapter shall be construed to limit the psychotherapy activities, services, or use of official title of a person in the employ of a federal agency or institution insofar as such activities and services are a part of the duties of such person in that salaried position.

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

Section 329-B:29

    329-B:29 Civil Liability; Duty to Warn. –
I. Any person licensed under this chapter has a duty to warn of, or to take reasonable precautions to provide protection from, a client or patient's violent behavior when the client or patient has communicated to such licensee a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property.
II. The duty to warn may be discharged by, and no monetary liability or cause of action shall arise against, any person licensed under this chapter if the licensee makes reasonable efforts to communicate the threat to the victim or victims, notifies the police department closest to the client/patient's or potential victim's residence, or obtains civil commitment of the client or patient to the state mental health system.
III. No monetary liability and no cause of action may arise concerning client privacy or confidentiality against any person licensed under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II.

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

Section 329-B:30

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

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

Section 329-B:31

    329-B:31 Sexual Misconduct; Duty to Inform. –
I. If, during the course of psychological therapy a client or patient alleges that a person licensed under this chapter or in the licensed psychotherapy professionals listed in RSA 329-B:28 has engaged with the client or patient in sexual misconduct as described in RSA 329-B:2 and RSA 329-B:30, the person licensed under this chapter shall have a duty to inform the client or patient in the manner provided for in paragraph II.
II. The duty to inform may be discharged by, and no monetary liability or cause of action may arise against, any person licensed under this chapter, if the licensee informs the client or patient of the unethical, unprofessional, and dishonorable conduct of the previous psychotherapist's actions. Any person licensed under this chapter shall also advise the client or patient that such sexual misconduct is cause for disciplinary action by the board applicable to that profession.
III. No civil or criminal liability shall arise concerning client or patient privacy or confidentiality against a person licensed under this chapter for information disclosed to the board or any other statutorily created medical occupational licensing board conducting disciplinary proceedings in discharging the responsibilities established under this section, provided that such information is disclosed in good faith.
IV. No civil action shall be maintained against any board member, the board, or its agents or employees, or against any organization or its members, including, but not limited to, any member of a professional standards review organization listed in RSA 507:8-c, I, or against any other person for or by reason of any statement, report, communication, or testimony to the board, or determination by the board in relation to disciplinary proceedings under this section provided that such statement, report, communication, or determination is made in good faith.
V. If the client or patient reports such sexual misconduct to the board, the person licensed under this chapter shall provide, either directly or indirectly through referral, support and advocacy to such client or patient in reporting the incident to the board.

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

Section 329-B:32

    329-B:32 Psychology Client-Patient Bill of Rights. – The board shall provide guidance for the provision of informed consent for client or patient rights, based on the professional codes of ethics as they apply in the variety of settings in which psychologists, licensed school psychologist-doctoral, or licensed school psychologist-specialists practice. When addressing the patient or client rights, reasonable accommodations shall be made for those persons who cannot read or who have communication impairments and those who do not understand English.

Source. 2012, 233:1, eff. July 1, 2013. 2020, 6:26, eff. Mar. 9, 2020.