CHAPTER Alc 100
ORGANIZATIONAL RULES
PART Alc 101
PURPOSE
Alc
101.01 Purpose of the Rules. These rules implement the statutory
responsibilities of the board of licensing for alcohol and other drug use
professionals. Their purpose is to protect and benefit the public through
regulation of such professionals.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
PART Alc 102
DEFINITIONS
Alc
102.01 “Board” means the board of
licensing for alcohol and other drug use professionals established by RSA
330-C:3.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 102.03)
Alc
102.02 “Certified recovery support
worker (CRSW)” means, pursuant to RSA 330-C:2, IV, an individual certified by
the board to provide recovery support to persons with substance use disorders.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc
102.03 “Licensed alcohol and drug
counselor (LADC)” means, pursuant to RSA 330-C:2, XIII, an individual licensed
by the board to practice substance use counseling who meets the initial
licensing qualifications set forth in RSA 330-C:17.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 102.02)
Alc
102.04 “Licensed clinical supervisor
(LCS)” means, pursuant to RSA 330-C:2, XIV, an individual licensed by the board
to practice and supervise substance use counseling who meets the initial
licensing qualifications set forth in RSA 330-C:18.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 102.05)
Alc
102.05 “Master licensed alcohol and drug
counselor (MLADC)” means, pursuant to RSA 330-C:2, XV, an individual licensed
by the board to practice substance use counseling who meets the initial
licensing qualifications set forth in RSA 330-C:16.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
PART Alc 103
DESCRIPTION OF THE AGENCY
Alc
103.01 Composition of the Board. The board consists of 7 members appointed and
limited in accordance with RSA 330-C:3, I through VI, sitting for no more than
2 consecutive 3-year terms.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc
103.02 Responsibilities of the Board. The board’s responsibilities include:
(a) The issuance, reinstatement and renewal of
licenses to applicants qualified under RSA 330-C and the board’s rules to be
licensed alcohol and drug counselors;
(b) The issuance, reinstatement and renewal of
licenses to applicants qualified under RSA 330-C and the board’s rules to be
licensed clinical supervisors;
(c) The issuance of certificates to applicants
qualified under RSA 330-C and the board’s rules to be certified recovery
support workers;
(d) The approval of continuing education programs
and providers of such programs;
(e) The investigation of possible misconduct by
licensees and certificate holders; and
(f) Disciplinary proceedings and disciplinary
actions against licensees and certificate holders.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc
103.03 Chairperson; Liaison to the
Board of Mental Health Practice.
(a) The board elects a chairperson from its
membership on an annual basis.
(b) One board member is designated to be liaison
to the board of mental health practice.
(c) The board has the authority under RSA 330-C:6
to establish an advisory committee composed of 3 to 5 licensees, to advise on
each of these topics:
(1)
Applications for licensure and certification;
(2)
Examinations; and
(3) Continuing
education and peer collaboration.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc
103.04 Meetings and Quorum.
(a) The board shall meet no fewer than 6 times a
year, and at such additional times as the board chair or a majority of the
board shall designate.
(b) The time and place of the meetings shall be noticed
to the public in accordance with RSA 91-A:2, II.
(c) Nonpublic sessions of a board meeting shall
be governed by RSA 91-A:3.
(d) A quorum shall be 4 members.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc
103.05 Records of Board Actions.
(a) Minutes shall be kept of board meetings and
of official actions taken by the board.
(b) The minutes shall record the members who
participate in each vote and shall separately record the position of members
who choose to dissent, abstain or concur.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 103.06)
Alc
103.06 Public Access to Minutes.
(a) Minutes of board actions which are not exempt
from disclosure under RSA 91-A:3, III or RSA 91-A:5 shall be public records.
(b) The minutes shall be available for inspection
during the board’s ordinary office hours at the times specified by RSA 91-A:2,
II and RSA 91-A:3, III.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
(from Alc 103.07)
PART Alc 104
PUBLIC INFORMATION
Alc
104.01 Office Location, Mailing
Address, Telephone and Fax Numbers.
(a) The board’s office location and mailing
address is:
Board of Licensing for Alcohol and Other Drug Use
Professionals
Philbrook Building
121 South Fruit Street
Concord, NH 03301
(b) The board’s telephone number is 603-271-6761.
(c) The board’s fax number is 603-271-6116.
(d) Access for in-state TTY/TDD users is through
Relay New Hampshire by dialing 711 or by dialing 1-800-735-2964.
(e) Correspondence, filings and other
communications intended for the board shall be mailed to the attention of the
license administrator at the address in paragraph (a) or faxed to the attention
of the license administrator at the number in paragraph (c).
(f) Information can be obtained by using the
telephone numbers stated in paragraphs (b) and (d).
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
Alc
104.02 Inspection and Copies of
Records.
(a) The board shall make available, upon request,
those records which are subject to public inspection under RSA 91-A.
(b) Persons desiring to inspect or obtain copies
of board records shall identify as specifically as possible the information
being sought.
(c) Persons desiring copies of board records
shall pay the actual costs of copying.
(d) If records are requested which contain both
public information and information exempt from disclosure pursuant to RSA 91-A
or other law, the board shall delete the information exempt from disclosure and
provide the remaining information.
Source. #8169,
eff 9-21-04; ss by 9417, eff 3-14-09
CHAPTER Alc 200
PROCEDURAL RULES
PART Alc 201
DEFINITIONS
Alc
201.01 Definitions.
(a) “Adjudicative proceeding” means “adjudicative
proceeding” as defined in RSA 541-A:1, I, namely “the procedure to be followed
in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”
(b) “Appearance” means a written notification to
the board that a party, an intervenor or the representative of a party or
intervenor intends to actively participate in an adjudicative proceeding.
(c) “Board” means “board” as defined in RSA
330-C:2, III, namely, "the board of licensing for alcohol and other drug
use professionals."
(d) “Contested case” means “contested case” as
defined in RSA 541-A:1, IV namely, “a proceeding in which the legal rights,
duties, or privileges of a party are required by law to be determined by an
agency after notice and an opportunity for hearing.”
(e) “Declaratory ruling” means "declaratory
ruling" as defined in RSA 541-A:1, V, namely, "an agency ruling as to
the specific applicability of any statutory provision or of any rule or order
of the agency."
(f) “Intervenor” means a person without the
status of a party but participating in an adjudicative proceeding to the extent
permitted by the presiding officer acting pursuant to RSA 541-A:32.
(g) “Motion” means a request to the presiding
officer for an order or ruling directing some act to be done in favor of the
proponent of the motion, including a statement of justification or reasons for
the request.
(h) “Order” means, pursuant to RSA 541-A:1, XI,
the whole or part of the board’s final disposition of a matter other than a
rule, but not including the board’s decision to initiate, postpone, investigate
or process any matter, or to issue a complaint or citation.
(i) “Party” means “party” as defined by RSA
541-A:1, XII, namely, “each person or agency named or admitted as a party, or
properly seeking and entitled as a right to be admitted as a party.”
(j) “Person” means any individual, partnership,
corporation, association, governmental subdivision or public or private
organization of any character other than the board.
(k) “Presiding officer” means that individual to
whom the board has delegated in accordance with RSA 330-C:29, I the authority
to preside over a proceeding, if any; otherwise it means the chair of the
board.
(l) “Proof by a preponderance of the evidence”
means a demonstration by admissible evidence that a fact or legal conclusion is
more probably true than not.
(m) “Public comment hearing” means a proceeding
held pursuant to RSA 541-A:11.
(n) “Record” means, in a contested case, the
materials set forth in RSA 541-A:31, VI.
(o) “Rulemaking petition” means a petition made
pursuant to RSA 541-A:4, I.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
PART Alc 202
DISPUTE RESOLUTION AND CONSTRUCTION OF RULES
Alc
202.01 Principles of Dispute
Resolution. The board shall resolve
by agreement or by a decision all disputes about non-criminal matters within
the scope of RSA 330-C and the administrative rules implementing that statute.
Source. #8170,
eff 9-21-04
Alc
202.02 Construction of Rules. Parts Alc 204 - Alc 213 shall be construed to
secure the just, accurate and efficient resolution of all disputes.
Source. #8170,
eff 9-21-04
Alc
202.03 Right to A Hearing. Any person having a dispute with the board
shall be entitled to a hearing of the dispute if:
(a) The legal rights, duties or privileges of
that person will be determined in the course of deciding the outcome of the
dispute; and
(b) Constitutional, statutory or case law
requires the board to hold a hearing before determination of those rights,
duties or privileges.
Source. #8170,
eff 9-21-04
PART Alc 203
COMPLAINTS OF MISCONDUCT
Alc
203.01 Procedures for Submission and
Processing of Complaints of Misconduct by Licensees and Certificate Holders.
(a) Persons wishing to complain of misconduct by
a licensee or certificate holder shall submit to the board a written complaint
including the information described in (b) below, using mail or any electronic
means.
(b) The complaint shall include:
(1) The name
and address of the complainant;
(2) If the
complaint is made on behalf of another person, the name of that person and the
relationship of that person to the complainant;
(3) The date of
the complaint;
(4) The name of
the licensee or certificate holder complained against;
(5) If known,
the business address and telephone number of the licensee or certificate holder
complained against;
(6) A brief
description of the treatment, action, or event complained about;
(7) The
beginning and ending dates of the treatment, action, or event being complained
about; and
(8) If desired
by the complainant, copies, but not originals, of any documents which relate to
the complaint.
(c) The board shall investigate complaints of
misconduct as directed by RSA 330-C:28, I through VII and in accordance with
(d) below.
(d) If in the course of its investigation the
board receives, in response to a subpoena or otherwise, the medical record of
any individual who is not the licensee or certificate holder under
investigation or receives any other material protected as confidential by RSA
91-A:5, IV, the board shall protect and maintain the confidentiality of such
record or material in accordance with RSA 91-A and other applicable by laws.
Source. #8171, eff 9-21-04; ss by #9419, eff 3-14-09,
EXPIRED: 3-14-17
New.
#13501, eff 12-9-22
PART Alc 204
CONDUCT OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES; APPEARANCES
Alc
204.01 Presiding Officer.
(a) Hearings shall be conducted by a presiding
officer designated by the board in accordance with RSA 330-C:29, I.
(b) The presiding officer shall as necessary:
(1) Regulate
and control the course of the hearing;
(2) Facilitate
settlement of the dispute that is the subject of the hearing;
(3) Administer
oaths and affirmations;
(4) Request
that the board issue and serve subpoenas under the circumstances permitted by
and complying with RSA 330-C:28, IV and V to compel the attendance of witnesses
or the production of documents or things;
(5) Receive
relevant evidence and exclude irrelevant, immaterial or unduly repetitious
evidence;
(6) Rule on
procedural requests at the request of a party or intervenor or on the presiding
officer’s own motion;
(7) Question
anyone who testifies to the extent required to make a full and fair record;
(8) Arrange for
recording the hearing as specified in RSA 541-A:31, VII; and
(9) Take any
other action consistent with applicable statutes, rules and case law necessary
to conduct the hearing and complete the record in a fair and timely manner.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc
204.02 Withdrawal of Presiding
Officer.
(a) Upon his or her own initiative or upon the
motion of any party or intervenor, the presiding officer shall withdraw from
any adjudicative proceeding for good cause.
(b) Good cause shall exist if the presiding
officer:
(1) Has a
direct interest in the outcome of the matter, including but not limited to, a
financial or family relationship with any party or intervenor;
(2) Has made
statements or engaged in behavior which objectively demonstrates that he or she
has prejudged the facts of the case; or
(3) Personally
believes that he or she cannot fairly judge the facts of the case.
(c) Mere knowledge of the issues or acquaintance
with any party, intervenor or witness shall not constitute good cause for
withdrawal.
Source. #8170,
eff 9-21-04
Alc
204.03 Waiver or Suspension of Rules
by Presiding Officer. The presiding
officer, upon the motion of any party or intervenor, or on his or her own initiative,
shall suspend or waive any requirement or limitation imposed by this chapter
when the suspension or waiver:
(a) Appears to be lawful; and
(b) Is more likely to promote the just, accurate
and efficient resolution of the pending dispute than would adherence to the
particular requirement or procedure.
Source. #8170,
eff 9-21-04
Alc
204.04 Appearances.
(a) An appearance shall be filed by:
(1) Each party
or the party's representative, if any; and
(2) Each
intervenor or the intervenor's representative, if any.
(b) Appearances shall be filed:
(1) In the case
of a hearing not related to the board's emergency suspension of a license,
within 15 days of receipt of the notice required by Alc 208.01(a); and
(2) In the case
of a hearing related to the board's emergency suspension of a license, within 5
days of receipt of such notice.
(c) The appearance shall contain the following
information:
(1) The docket
number assigned by the board or a brief identification of the case;
(2) The daytime
address and telephone number of the person filing the appearance; and
(3) If applicable, the daytime address and
telephone number of the party or intervenor represented by the person filing
the appearance.
Source. #9420,
eff 3-14-09
PART Alc 205
TIME PERIODS
Alc
205.01 Computation of Time.
(a) Unless otherwise specified, the unit of time
for time periods referenced in this chapter shall be calendar days.
(b) Computation of any period of time referred to
in this chapter shall begin with the day after the action which sets the time
period in motion, and shall include the last day of the period so computed.
(c) If the last day of the period so computed
falls on a Saturday, Sunday or a legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday or
legal holiday.
Source. #8170,
eff 9-21-04
PART Alc 206
FILING, FORMAT AND DELIVERY OF DOCUMENTS
Alc
206.01 Date of Issuance or Filing.
(a) All written documents governed by this
chapter shall be rebuttably presumed to have been issued on the date noted on
the document.
(b) All written documents governed by this
chapter shall be rebuttably presumed to have been filed with the board on the
date of receipt, as evidenced by a date stamp placed on the document by the
board or its staff in the normal course of business.
Source. # 8170,
eff 9-21-04
Alc
206.02 Format of Documents.
(a) All correspondence, pleadings, motions or
other documents filed shall:
(1) Include the
title and docket number of the case, if known;
(2) Be
typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;
(3) Be signed
by the proponent of the document, or, if the proponent appears by a
representative, by the representative; and
(4) Include a
statement certifying that a copy of the document has been delivered to all
parties and intervenors in compliance with Alc 206.03.
(b) The signature of a party or intervenor or the
representative of the party or the intervenor on a document filed with the
board shall constitute certification that:
(1) The signer
has read the document;
(2) The signer
is authorized to file it;
(3) To the best
of the signer’s knowledge, information and belief there are good and sufficient
grounds to support it; and
(4) The
document has not been filed for purposes of delay.
Source. # 8170,
eff 9-21-04
Alc
206.03 Delivery of Documents.
(a) Copies of all motions, exhibits, memoranda,
or other documents filed by any party or intervenor shall be delivered by that
party or intervenor to the board and to all other parties and intervenors.
(b) All notices, orders, decisions or other
documents issued by the presiding officer or the board shall be delivered to
all parties and intervenors.
(c) Delivery of documents relating to a
proceeding but not issued by the presiding officer or the board shall be made
either in hand or by depositing into the United States mail a copy of the
document in an envelope bearing:
(1) The name of
the person intended to receive the document;
(2) The full
address, including zip code, last provided to the board by such person; and
(3) Prepaid
first class postage.
(d) Delivery of documents relating to a
proceeding and issued by the presiding officer or the board shall be by mailing
them in accordance with (c) above and also by mailing them using certified mail
with return receipt requested.
(e) When a party or intervenor appears by a
representative, delivery of a document to the party’s or intervenor’s
representative either in hand or at the address stated on the appearance filed
by the representative shall constitute delivery to the party or intervenor.
Source. #8170,
eff 9-21-04
PART Alc 207
MOTIONS AND OBJECTIONS
Alc
207.01 Motions; Objections to
Motions; Ruling on Motions.
(a) Motions shall be in written form and filed
with the presiding officer, unless made in response to a matter asserted for
the first time at a hearing or based on information that was not received in
time to prepare a written motion.
(b) Oral motions and any oral objections to such
motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the
motion requires additional information in order to be fully and fairly
considered, the presiding officer shall direct the proponent to submit the
motion in writing and provide supporting information.
(c) Except as otherwise provided in this chapter,
objections to written motions shall be filed within 10 calendar days of
the date of the motion.
(d) Failure by an opposing party or an intervenor
to object to a motion shall not in and of itself constitute grounds for
granting the motion.
(e) When necessary to obtain information or
clarify an issue relating to the proceedings, the presiding officer shall hold
a hearing on the motion.
(f) The presiding officer shall rule upon a
motion after full consideration of all objections and applicable law.
Source. # 8170,
eff 9-21-04
PART Alc 208
COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES; PRE-HEARING
CONFERENCES; RECORDING THE HEARING
Alc
208.01 Commencement of Adjudicative Proceedings.
(a) An adjudicative proceeding shall be commenced
by:
(1) The board's
issuance of the notice described in (b) below:
a. To all
parties and to the individual, if any, whose written complaint to the board
about misconduct initiated the proceeding;
b. By certified
mail, return receipt requested; and
c. At least 15
days before the hearing; and
(2) In the case
of a proceeding relating to the board’s emergency suspension of a license or
certificate, the board's issuance of the notice specified in (b) below together
with the order issued pursuant to Alc 208.02 (a).
(b) The notice of hearing shall contain:
(1) The names
and addresses of the parties;
(2) A statement
of the nature of the hearing;
(3) The time
and place of the hearing and of any pre-hearing conference;
(4) A statement
of the legal authority under which the hearing is to be held;
(5) A reference
to the applicable statutes and rules;
(6) A short and
plain statement of the issues presented;
(7) A statement
that each party has the right to have representation by an attorney at the
party’s own expense;
(8) The name of
the presiding officer, if known;
(9) In the case
of a disciplinary hearing, a statement indicating whether the proceeding has
been initiated by a written complaint about misconduct, on the board's own
initiative or both;
(10) In the
case of a disciplinary hearing initiated by a written complaint about
misconduct, a statement that the complainant has the right to petition to
intervene in the proceeding;
(11) In the
case of a hearing not related to the board’s emergency suspension of a license
or certificate, the statement that:
a. The licensee
or certificate holder has the right to have the board provide a certified
shorthand court reporter at the expense of the licensee or certificate holder;
and
b. The request
for a certified shorthand court reporter shall be submitted in writing at least
10 days before the beginning of the hearing; and
(12) In the
case of a hearing related to the board’s emergency suspension of a license or
certificate pursuant to Alc 208.02, the statement that the board shall provide
a certified shorthand court reporter at the board’s expense.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc
208.02 Procedure for Emergency
Suspension of Licenses and Certificates.
Pursuant to RSA 541-A:30, III, the board shall use the following
procedures when suspending licenses and certificates on an emergency basis:
(a) Upon a finding that public health, safety or
welfare requires emergency action, the board shall immediately and prior to a
hearing suspend a license or certificate by issuing a written order of
suspension incorporating the finding;
(b) The board shall commence a hearing no later
than 10 working days after the issuance of an order pursuant to (a) above;
(c) Unless the 10-day deadline in (b) above is
expressly waived by the licensee, the failure of the board to meet the deadline
shall result in the automatic vacating of the order of suspension;
(d) After the vacating of the order pursuant to
(c) above, the board shall not again suspend the license or certificate on the
basis of the same conduct which formed the basis for the vacated order without
giving the licensee or certificate holder prior notice and the opportunity for
a hearing; and
(e) The recording of a hearing on the emergency
suspension of a license or certificate shall be made by a certified shorthand
court reporter provided and paid for by the board.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc
208.03 Appearances.
(a) An appearance shall be filed by:
(1) Each party
or the party’s representative, if any; and
(2) Each
intervenor or the intervenor’s representative, if any.
(b) The appearance shall contain the following
information:
(1) The docket
number assigned by the board or a brief identification of the case;
(2) The daytime
address and telephone number of the person filing the appearance; and
(3) If applicable, the daytime address and
telephone number of the party or intervenor represented by the person filing
the appearance.
Source. #8170,
eff 9-21-04
Alc
208.04 Pre-hearing Conference.
(a) A pre-hearing conference shall be scheduled
on the request of any party or intervenor or on the initiative of the board or
the presiding officer if to do so would facilitate the proceedings or encourage
resolution of the dispute.
(b) A pre-hearing conference shall address one or
more of the following:
(1) Offers of
settlement;
(2)
Simplification of the issues;
(3)
Stipulations or admissions as to issues of fact or proof;
(4) Limitations
on the number of witnesses;
(5) Changes to
standard hearing procedures;
(6)
Consolidation of examination of witnesses; and
(7) Any other
matters that advance the efficiency of the proceedings.
Source. #8170, eff 9-21-04
Alc
208.05 Recording the Hearing.
(a) Except in the circumstances described in (b)
below, the presiding officer shall record the hearing by electronic recording
or any other method that will provide a verbatim record.
(b) A hearing on the immediate suspension of a
license or certificate pursuant to RSA 541-A:30, III shall be recorded by a
certified shorthand court reporter provided by the board.
(c) If any person requests a transcript of the
electronic recording of a hearing, the board shall:
(1) Cause a
transcript to be prepared; and
(2) Upon
receipt of payment for the cost of the transcription, provide a copy of the
transcript to the person making the request.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
PART Alc 209
INTERVENTION; ROLES OF COMPLAINANTS AND BOARD STAFF
Alc
209.01 Intervention Procedure.
(a) Petitions for intervention in a hearing
shall:
(1) Describe
the petitioner’s interest in the subject matter of the proceedings; and
(2) Be
submitted in writing to the presiding officer.
(b) A copy of a petition submitted pursuant to
(a) above shall be mailed to the board and to all persons identified in the
notice commencing the adjudicative proceeding.
(c) A petition for intervention shall be granted
by the presiding officer if:
(1) The
petitioner complied with (a) and (b) above at least 3 days before the hearing
and the presiding officer determines that:
a. The petition
states facts demonstrating that the petitioner’s rights, duties, privileges,
immunities or other substantial interests might be affected by the proceedings
or the petitioner qualifies as an intervenor under law; and
b. The
intervention sought would not impair the interests of justice and the orderly
and prompt conduct of the proceedings; or
(2) The
petitioner complied with (a) and (b) above at any time and the presiding
officer determines that the intervention sought would be in the interests of
justice and would not impair the orderly and prompt conduct of the proceedings.
Source. #8170,
eff 9-21-04
Alc
209.02 Effect of Intervention and
Rights of an Intervenor.
(a) Approval of intervention by the presiding
officer shall apply only to the proceeding in which the petition for
intervention was granted.
(b) Notwithstanding the provisions of this
chapter, an intervenor’s right to participate in an adjudicative proceeding
shall be subject to any limitations or conditions imposed by the presiding
officer pursuant to RSA 541-A:32, III.
(c) An intervenor shall take the proceedings as
he or she finds them and no portion of the proceeding shall be repeated because
of the fact of intervention.
Source. # 8170,
eff 9-21-04
Alc
209.03 Role of Complainants in
Disciplinary Hearings. A complainant
complying with Alc 203.01 shall have no role in the disciplinary hearing of the
licensee complained against other than that of witness unless the complainant
petitions for, and is granted, the right to intervene.
Source. #8170,
eff 9-21-04
Alc
209.04 Role of Board Staff in
Hearings. Unless called as
witnesses, board staff shall have no role in hearings.
Source. #8170,
eff 9-21-04
PART Alc 210
CONTINUANCES AND FAILURE TO ATTEND HEARING
Alc
210.01 Continuances.
(a) Any party or intervenor may make an oral or
written motion that a hearing be delayed or continued to a later date or time.
(b) A motion for a delay or a continuance shall
be granted if the presiding officer determines that a delay or continuance
would assist in resolving the case fairly.
(c) If the later date, time and place are known
when the hearing is being delayed or continued, the information shall be stated
on the record. If the later date, time
and place are not known at that time, the presiding officer shall as soon as
practicable issue a written scheduling order stating the date, time and place
of the delayed or continued hearing.
Source. #8170,
eff 9-21-04
Alc
210.02 Failure of a Party to Attend
or Participate in the Hearing.
(a) A party shall be in default if the party:
(1) Has the
overall burden of proof;
(2) Has been
given notice in accordance with Alc 208.01; and
(3) Fails to
attend the hearing.
(b) If a party is in default under (a) above, the
case shall be dismissed.
(c) If a party who does not have the overall
burden of proof fails to attend a hearing after having been given notice in
accordance with Alc 208.01, the testimony and evidence of any other parties or
intervenors shall be received and evaluated.
(d) If a party who has the overall burden of
proof attends a hearing but fails to participate by presenting evidence or
argument, a decision shall be entered against that party.
(e) The board shall not dismiss the case under
(b) above if the failure to attend results from circumstances that are beyond
the control of the party.
Source. #8170,
eff 9-21-04
PART Alc 211
REQUESTS FOR INFORMATION AND DOCUMENTS
Alc
211.01 Voluntary Production of
Information.
(a) Each party and intervenor shall attempt in
good faith to make complete and timely response to requests for the voluntary
production of information and documents relevant to the hearing.
(b) When a dispute arises concerning a request
for the voluntary production of information or documents, any party or
intervenor may file a motion under Alc 211.02 to compel the production of the
requested information or documents.
Source. #8170,
eff 9-21-04
Alc
211.02 Motions to Compel Production
of Information and Documents.
(a) Any party or intervenor may make a motion
seeking an order for compliance with an information or document request. The motion shall be filed at least 30 days
before the date scheduled for the hearing, or as soon as possible after
receiving the notice of the hearing if such notice is issued less than 30 days
in advance of the hearing.
(b) The motion to compel shall:
(1) Set forth
in detail those facts which justify the request for information or documents;
and
(2) List with
specificity the information or documents being sought.
(c) The party or intervenor challenging the
information or document request may object to the motion to compel.
(d) The presiding officer shall grant the motion
to compel if its proponent has demonstrated that an order for compliance is
necessary for a full and fair presentation of evidence at the hearing.
Source. #8170,
eff 9-21-04
Alc
211.03 Mandatory Pre-Hearing
Disclosure of Witnesses and Exhibits.
At least 5 days before the hearing, the parties and intervenors shall
provide to the other parties and intervenors:
(a) A list of all witnesses to be called at the
hearing containing the names of the witnesses, their addresses and their
telephone numbers;
(b) Brief summaries of the testimony of the
witnesses to be called;
(c) A list of documents and exhibits to be
offered as evidence at the hearing;
(d) A copy of each document to be offered as
evidence at the hearing; and
(e) An offer to allow the inspection of
non-documentary exhibits to be offered as evidence at the hearing at times and
places of convenience to the parties and intervernors.
Source. #8170,
eff 9-21-04
PART Alc 212
HEARING PROCEDURE
Alc
212.01 Standard and Burden of Proof. The party or intervenor asserting a
proposition shall bear the burden of proving the truth of the proposition by a
preponderance of the evidence.
Source. #8170, eff 9-21-04
Alc
212.02 Order of Testimony;
Cross-Examination.
(a) Any individual offering testimony, evidence
or arguments shall state for the record his or her name and role in the
hearing. If the individual is representing
another person, the person being represented shall also be identified.
(b) Testimony on behalf of the parties shall be
offered in the following order:
(1) The
testimony of the party or parties bearing the overall burden of proof and such
witnesses as such party or parties may call; and
(2) Thereafter,
the testimony of the party or parties opposing the party who bears the overall
burden of proof and such witnesses as such party or parties may call.
(c) The testimony of intervenors and such
witnesses as such intervenors may be allowed to call shall be offered at the
time directed by the presiding officer.
(d) Each party may cross-examine any witnesses
offered against that party.
(e) The presiding officer shall call witnesses
not called by the parties if their testimony is required for a full and fair
adjudication of the issues.
(f) The right of an intervenor to cross-examine
witnesses shall be determined by the presiding officer.
Source. #8170, eff 9-21-04
Alc
212.03 Evidence.
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A:33.
(b) All rules of privilege recognized under the
laws of the state of New Hampshire shall apply in proceedings before the board.
(c) All documents, materials and objects offered
as exhibits shall be admitted into evidence unless excluded by the presiding
officer as irrelevant, immaterial, unduly repetitious or legally privileged.
(d) All objections to the admissibility of
evidence shall be stated as early as possible in the hearing, but not later
than the time when the evidence is offered.
(e) The
presiding officer shall exclude from evidence testimony and documents about the
medical history or status of any individual who is not the subject of the
hearing, and all other testimony and documents about matters protected as
confidential by RSA 91-A:5, IV, unless the presiding officer determines that:
(1) Their
receipt into evidence is necessary for the determination of the issues;
(2) Their
confidentiality can be protected by one or more of the following methods:
a. With respect
to a document:
1. Ordering redaction of personally identifying
information in the document;
2. Obtaining from the individual described in
the document a waiver of objection to its admission into evidence; and
3. If the hearing is attended solely by hearing
participants, admitting the document into evidence and ordering the hearing
participants to sign non-re-disclosure agreements with respect to the
confidential information contained in it; and
b. With respect
to testimony:
1. Before
receiving the testimony, ordering that those intending to testify not include
personally identifying information;
2. Before receiving the testimony, obtaining
from the individual whose confidential information will be testified about a
waiver of objection to the testimony; and
3. Closing part
of the hearing to everyone except the person testifying, the individual who is
the subject of the hearing and anyone who has entered an appearance for that
individual, and ordering the participants in the closed part of the hearing to
sign non-re-disclosure agreements with respect to the confidential information;
and
(3) Due process
of law will not be denied to any party by the exclusion of the testimony and
documents or by their protection as set forth in (2) above.
(f) Transcripts of testimony as well as
documents, materials and objects admitted into evidence shall be public records
unless the presiding officer determines that all or part of them is exempt from
disclosure under RSA 91-A:5, IV, or applicable case law.
Source. #8170, eff 9-21-04; ss by #9418, eff 3-14-09
Alc
212.04 Proposed Findings of Fact and
Conclusions of Law.
(a) Any party or intervenor may submit proposed
findings of fact and conclusions of law.
(b) The presiding officer shall require the
submission of proposed findings of fact and rulings of law and specify a
deadline after the close of the hearing for their submission when:
(1) Any party
or intervenor has requested such action;
(2) The
presiding officer is required by Alc 212.07(d)(3) to submit findings of fact
and rulings of law to the board; or
(3) The
presiding officer determines that proposed findings of fact and rulings of law
would clarify the issues presented at the hearing.
Source. #8170, eff 9-21-04; ss by #9418, eff 3-14-09
Alc
212.05 Closing the Record. After the conclusion of the hearing and the
filing of such post-hearing submissions as may be ordered by the presiding
officer, the record shall be closed and no additional evidence shall be
received into the record except as allowed by Alc 212.06.
Source. #8170, eff 9-21-04
Alc
212.06 Reopening the Record.
(a) If no written proposal for decision pursuant
to Alc 212.07 (d) or decision pursuant to Alc 212.07 (a) has been issued, any
party or intervenor may move to reopen the record for the inclusion in the
record of specified evidence or claims of law.
(b) A motion pursuant to (a) above shall be
granted if there no objection from any other party or intervenor and:
(1) The
evidence sought to be included in the record was not available at the time of
the hearing or the claim of law was inadvertently omitted; and
(2) The
presiding officer determines that the evidence or claim of law is relevant,
material and non-duplicative and its inclusion in the record is necessary to a
full and fair consideration of the issues to be decided.
(c) If there is an objection from a party or
intervenor to a motion made pursuant to (a) above, the hearing shall be
reopened for the purpose of receiving evidence, permitting cross-examination
and permitting argument on the issue of reopening the record.
(d) The presiding officer shall grant a motion
made pursuant to (a) above if, after the reopened hearing described in (c)
above, the presiding officer determines that the evidence sought to be included
in the record was not available at the time of the hearing or the claim of law
was inadvertently omitted and the evidence or claim of law is relevant,
material and non-duplicative and its inclusion in the record is necessary to a
full and fair consideration of the issues to be decided.
(e) If the presiding officer permits the
reopening of the record for the admission of specified evidence or claim of
law, the presiding officer shall extend the hearing reopened pursuant to (c)
for the purpose of receiving evidence, permitting cross-examination and
permitting argument on the substance of the evidence or on the claim of law.
Source. #8170, eff 9-21-04
Alc
212.07 Disposition.
(a) The board shall issue a decision or order,
whether or not the record has been reopened pursuant to Alc 212.06, based on:
(1) A hearing
attended by a quorum of the board;
(2) A written
proposal for disposition meeting the requirements of (c) below; or
(3) A hearing
held pursuant to (e)(2) below.
(b) The board’s order or decision:
(1) Shall:
a. Be in
writing and dated; and
b. Include
findings of fact and rulings of law; and
(2) Shall not
include references to information exempt from disclosure under RSA 91-A:5, IV.
(c) A board member shall not participate in the
board’s disposition if he or she has not personally heard all of the testimony
in the case, unless the disposition does not depend on the credibility of any
witness and the record provides a reasonable basis for evaluating the
testimony.
(d) If a presiding officer has
been delegated the authority to conduct the hearing in the absence of a quorum
of the board, the presiding officer shall submit to the board a written
proposal for disposition containing:
(1) The
disposition proposed by the presiding officer;
(2) A statement
of the reasons for the proposed disposition; and
(3) Findings of
fact and rulings of law necessary to the proposed disposition.
(e) If a proposed disposition submitted pursuant
to (d) above is adverse to a party or an intervenor, the board shall:
(1) Serve a
copy of it on each party and intervenor; and
(2) Provide an
opportunity to file objections and present briefs and oral arguments to the
board.
(f) The board shall keep a final decision in its
records for at least 5 years following its date of issuance, unless the
director of the division of archives and records management of the department
of state sets a different retention period.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc
212.08 Rehearing.
(a) Within 30 calendar days of a decision or
order any party or person directly affected may request rehearing of any matter
determined in the proceeding or covered by the decision or order by submitting
a written motion specifying:
(1) The issues
to be considered at the rehearing; and
(2) Every
ground on which it is claimed that the decision or order is unlawful or
unreasonable.
(b) The board shall mail a copy of the motion for
rehearing to all parties and intervenors.
(c) An objection to a motion for rehearing shall
be submitted within 20 calendar days of the date of submission of the
motion.
(d) Within 10 calendar days of submission of the
motion for rehearing, the board, if it has received either an objection or a
notice of no objection, shall employ the standards in (g) below to grant or
deny the motion for rehearing.
(e) Within 10 calendar days of submission
of the motion for rehearing, if it has not received an objection or notice of
no objection, the board shall, pending the denial of the motion for rehearing
or the completion of the rehearing, suspend the decision or order complained of.
(f) When the time specified in (c) above for
submitting an objection has expired, the board shall employ the standards in
(g) below to either grant or deny the motion for rehearing.
(g) The board shall grant the motion for
rehearing if it determines that, in the original hearing, it:
(1) Incorrectly
assessed the relevant evidence;
(2) Incorrectly
applied the relevant law; or
(3) Failed
substantially to comply with this chapter.
Source. #8170,
eff 9-21-04
Alc
213.01 Settlement of Some or All
Issues in a Dispute.
(a) Any licensee or certificate holder who has a
disciplinary or other dispute with the board shall have the opportunity at any
time to reach an agreement to settle some or all of the issues if there are no
material facts in dispute.
(b) To be effective, an agreement to settle shall
be:
(1) In writing;
(2) Signed by
the licensee or certificate holder; and
(3) After the
signing by the licensee or certificate holder, finalized as an order issued by
the board.
(c) The signing by the licensee or certificate
holder of an agreement to settle shall constitute a waiver of the licensee's or
certificate holder's right to a hearing of the issues resolved by the
agreement.
Source. #8171, eff 9-21-04; ss by #9419, eff 3-14-09,
EXPIRED: 3-14-17
New. #13501, eff 12-9-22
PART Alc 214
RULEMAKING
Alc
214.01 Petitions for Rulemaking.
(a) Any person may seek the adoption, amendment
or repeal of a rule by submitting to the board a petition pursuant to RSA
541-A:4.
(b) Each petition for rulemaking shall contain:
(1) The name
and address of the individual petitioner or, if the request is that of an
organization or other entity, the identity of such organization or entity and
the name and address of the representative authorized by the entity to file the
petition;
(2) A statement
of the purpose of the petition, whether the adoption, amendment or repeal of a
rule;
(3) If
amendment or adoption of a rule is sought, the text proposed;
(4) If
amendment or repeal of a rule is sought, identification of the current rule
sought to be amended or repealed;
(5) Reference
to the statutory provision that authorizes or supports the rulemaking petition;
and
(6) Information
or argument useful to the board when deciding whether to begin the rulemaking
process.
Source. #8170,
eff 9-21-04
Alc
214.02 Disposition of Petitions for
Rulemaking.
(a) The board shall request additional
information or argument from the petitioner for rulemaking or from others if
such additional information or argument is required to reach a decision.
(b) The board shall grant the petition for
rulemaking if the adoption, amendment or repeal sought would not result in:
(1) A rule that
is not within the rulemaking authority of the board;
(2) Duplication
of a rule or of a statutory provision;
(3)
Inconsistency between the existing rules and the statutory mandate of
the board;
(4)
Inconsistency of administrative rules one with another; or
(5) Excessive
burden upon the board in terms of cost or a reduction in efficiency or
effectiveness.
(c) Within 30 days of receipt of a sufficient
petition the board shall dispose of it in the following manner:
(1) By
notifying the petitioner that the petition is granted and beginning rulemaking
proceedings as required by RSA 541-A:4; or
(2) By
notifying the petitioner in writing that the petition is denied and the reasons
for its denial.
(d) The denial of a petition for rulemaking shall
not entitle the petitioner to a hearing.
Source. #8170,
eff 9-21-04
PART Alc 215
PUBLIC COMMENT HEARINGS
Alc
215.01 Purpose. The purpose of this part is to provide
uniform procedures for the conduct of public comment hearings held pursuant to
RSA 541-A:11.
Source. #8170,
eff 9-21-04
Alc
215.02 Public Access and
Participation.
(a) Public comment hearings shall be open to the
public, and members of the public shall be entitled to testify, subject to the
limitations of Alc 215.03.
(b) People who wish to testify shall be asked to
write on the speaker’s list:
(1) Their full
names and addresses; and
(2) The names
and addresses of organizations, entities or other persons whom they represent,
if any.
(c) Written comments, which may be submitted in
lieu of or in addition to oral testimony, shall be accepted for 10 days after
the adjournment of a hearing or after the adjournment of a postponed or
continued hearing.
Source. #8170,
eff 9-21-04
Alc
215.03 Limitations on Public
Participation. The board’s chair or
other person designated by the board to preside over a hearing shall:
(a) Refuse to recognize for speaking or revoke
the recognition of any person who:
(1) Speaks or
acts in an abusive or disruptive manner;
(2) Fails to
keep comments relevant to the proposed rules that are the subject matter of the
hearing; or
(3) Restates
more than once what he or she has already stated; and
(b) Limit presentations on behalf of the same
organization or entity to no more than 3, provided that all those representing
such organization or entity may enter their names and addresses into the record
as supporting the position of the organization or entity.
Source. #8170,
eff 9-21-04
Alc
215.04 Media Access. Public comment hearings shall be open to
print and electronic media, subject to the following limitations when such
limitations are necessary to allow a hearing to go forward:
(a) Limitation of the number of media
representatives when their number together with the number of members of the
public present exceeds the capacity of the hearing room;
(b) Limitation on the placement of cameras to
specific locations within the hearing room; and
(c) Prohibition of interviews conducted within
the hearing room before or during the hearing.
Source. #8170,
eff 9-21-04
Alc
215.05 Conduct of Rulemaking Public
Comment Hearings.
(a) Rulemaking public comment hearings shall be
attended by a quorum of the board.
(b) Rulemaking public comment hearings shall be
presided over by the board chair or a board member knowledgeable in the subject
area of the proposed rules who has been designated by the board to preside over
the hearing.
(c) The chair or other person presiding over a
hearing shall:
(1) Call the
hearing to order;
(2) Identify
the proposed rules that are the subject matter of the hearing and provide
copies of them upon request;
(3) Cause a
recording of the hearing to be made;
(4) Recognize
those who wish to be heard;
(5) If
necessary, establish limits pursuant to Alc 215.03 and Alc 215.04;
(6) If
necessary to permit the hearing to go forward in an orderly manner, effect the
removal of a person who speaks or acts in a manner that is personally abusive
or otherwise disrupts the hearing;
(7) If
necessary, postpone or move the hearing; and
(8) Adjourn or
continue the hearing.
(d) A hearing shall be postponed in accordance
with RSA 541-A:11, IV when:
(1) The weather
is so inclement that it is reasonable to conclude that people wishing to attend
the hearing will be unable to do so;
(2) The board
chair or other person designated by the board to preside over the hearing is
ill or unavoidably absent; or
(3)
Postponement will facilitate greater participation by the public.
(e) A hearing shall be moved to another location
in accordance with RSA 541-A:11, V when the original location is not able to
accommodate the number of people who wish to attend the hearing.
(f) A hearing shall be continued past the
scheduled time or to another date in accordance with RSA 541-A:11, III when:
(1) The time
available is not sufficient to give each person who wishes to speak a
reasonable opportunity to do so; or
(2) The
capacity of the room in which the hearing is to be held does not accommodate
the number of people who wish to attend and it is not possible to move the
hearing to another location.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
PART Alc 216
DECLARATORY RULINGS
Alc
216.01 Requests for Declaratory
Rulings.
(a) Any person directly affected by RSA 330-C or by any rule of the board may
request a declaratory ruling concerning the applicability of a provision of RSA
330-C or a rule of the board to a specific set of circumstances.
(b) The request shall:
(1) Be
addressed to the board and signed by the person making the request;
(2) Describe the specific set of circumstances to
which the law inquired about might be applicable;
(3) Quote the
law inquired about; and
(4) Explain why
its applicability is unclear to the described specific set of circumstances.
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
Alc
216.02 Issuance of Declaratory
Rulings.
(a) The board
shall respond within 120 days to a request for a declaratory ruling in a letter
signed by a board member stating:
(1) That the
law inquired about applies to the specific set of circumstances described and
how it applies;
(2) That the
law inquired about does not apply to the specific set of circumstances
described and why it does not; or
(3) That the
board does not have jurisdiction over the law inquired about.
(b) A declaratory ruling shall have no value as a
precedent in any case heard by the board, including any case involving the
person requesting the declaratory ruling or involving circumstances like those
described in the request.
(c) A declaratory ruling shall be filed on the
day of issuance with the director of legislative services in accordance with
RSA 541-A:16, II(b).
Source. #8170,
eff 9-21-04; ss by #9418, eff 3-14-09
(from Alc 216.04)
PART Alc 217
EXPLANATION OF ADOPTED RULES
Alc 217.01 Requests for Explanation of Adopted Rules. Any interested person may, within 30 days of
the final adoption of a rule, request a written explanation of that rule by
making a written request to the board including:
(a)
The name and address of the person making the request; or
(b)
If the request is that of an organization or other entity, the name and
address of such organization or entity and the name and address of the
representative authorized by the organization or entity to make the request.
Source. #8171, eff 9-21-04, EXPIRED: 9-21-12,
EXPIRED: 9-21-12
New. #13501, eff 12-9-22
Alc 217.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Alc 217.01, provide a written response which:
(a)
Concisely states the meaning of the rule adopted;
(b)
Concisely states the principal reasons for and against the adoption of
the rule in its final form; and
(c)
States, if the board did so, why the board overruled any arguments and
considerations presented against the rule.
Source. #8171, eff 9-21-04, EXPIRED: 9-21-12,
EXPIRED: 9-21-12
New. #13501, eff 12-9-22
CHAPTER Alc 300
INITIAL CERTIFICATIONS AND LICENSES
REVISION NOTE:
Document
#13518, effective 3-13-23, repealed, readopted, or readopted with amendments
all the rules in Chapter Alc 300 except for Alc 313.08 titled “Verification of
Employment Form”, Alc 316.03 titled “Meaning of the Applicant’s Signature,” Alc
316.05 titled “Report Form Documenting Hours of Experience as an Alcohol and
Drug Counselor”, and Alc 316.06 titled “Clinical Supervision Training
Form.” Document #13518 renumbered, but
did not readopt, Alc 313.08 as Alc 313.07.
Document #13518 replaces all prior filings for Chapter Alc 300 except
for these 4 rules.
As
indicated in the source notes, Document #13518 renumbered various other
existing rules. Document
#13518 also readopted with amendment and renumbered Alc 304.05, titled “Board’s
Processing of Applications for Initial Certification as a Recovery Support
Worker”, as Alc 306.01 titled “Processing of Applications for Initial
Certification” in a new
Part Alc 306 titled “Board’s Processing of Applications for Initial
Certification as a Recovery Support Worker.”
Document
#13518 repealed the following rules in the Parts indicated:
PART
Alc 308 WRITTEN CASE STUDY
Alc
308.01 Submission and Approval of Written Case Study
Alc
308.02 Contents and Formal Requirements of Written Case Study
Alc
308.03 Contents of the Written Case Study
Alc
308.04 Required Information and Headings for Information.
PART
Alc 309 INITIAL RECIPROCITY-BASED LADC LICENSURE
Alc
309.02 Supervised Work Experience Report Form
PART Alc
313 APPLICATION PROCEDURES FOR INITIAL
LICENSURE AS A LICENSED ALCOHOL AND DRUG COUNSELOR OR A MASTER LICENSED ALCOHOL
AND DRUG COUNSELOR
Alc
313.06 Applicant Experience Report Form Documenting Experience
Alc
313.11 Professional Reference Form
The
prior filings affecting the repealed Alc 308.01 included the following
documents:
#9421,
INTERIM, eff 3-14-09, EXPIRED 9-10-09
#12001,
eff 10-13-16
The
prior filing affecting the repealed Alc 308.02 through Alc 308.04, Alc 309.02,
Alc 313.06, and Alc 313.11 was Document #12001, effective 10-13-16.
Alc
301.01 Definitions.
(a) "AdCare
Educational Institute of New England" means a non-profit
organization providing education for professionals, volunteers, and the public
about issues of alcohol and drug prevention, treatment, and recovery
located at P.O. Box 742, Augusta, Maine 04432 and www.neias.org.
(b) “Board” means the board of licensing for
alcohol and other drug use professionals established pursuant to RSA 330-C:3.
(c) “Certified recovery support worker (CRSW)”
means “certified recovery support worker” as defined in RSA 330-C:2, IV.
(d) “Clinical supervision” means “clinical
supervision” as defined in RSA 330-C:2, VI.
(e) “Commission on Institutions of Higher
Education of the New England Association of Schools and Colleges” means the
regional accreditation agency for colleges and universities in the 6 New
England states, consisting of faculty and administrators from affiliated
institutions and public members.
(f) “Council for Higher Education Accreditation”
means that umbrella organization for more than 81 academic accrediting
organizations, including the Commission on Institutions of Higher Education of
the New England Association of Schools and Colleges.
(g) “Certified recovery support worker (CRSW)
supervision” means an ongoing, regularly occurring process of examination, critique, and
improvement of a CRSW' skills by the supervisor designated, and is typically
one-to-one or small group in structure, and utilizes the methods of intensive
case review and discussion, and direct and indirect observation of practice.
(h) "Core functions and practice dimensions
of addiction counseling" as defined in RSA 330-C:2, XI, namely, “the
following 12 activities an alcohol and drug counselor performs in the role of
counselor: screening, intake, orientation, assessment, treatment planning,
counseling (individual, group, and significant others), case management, crisis
intervention, client education, referral, reports and record keeping, and
consultation with other professionals in regard to client treatment and
services.”
(i) “Direct supervision” means supervision
during which the supervisor is physically present and observing the activities
of the individual being supervised.
(j) “Four domains” means the 4 performance
domains identified in the International Certification & Reciprocity
Consortium (IC&RC) peer recovery examination:
(1) Advocacy;
(2) Ethical
responsibility;
(3) Mentoring
and education; and
(4) Recovery
and wellness support.
(k) “Indirect supervision” means supervision
through telephone conversations between the supervisor and the person
supervised, electronic correspondence between the supervisor and the person
supervised, or any other form of supervision which is not direct supervision.
(l) "International Certification and
Reciprocity Consortium (IC&RC)" means a non-profit membership
organization of certifying and licensing agencies which sets standards of
practice in addiction counseling, addiction prevention, and clinical
supervision of counselors and other recovery professionals through testing and
credentialing of addiction professionals.
(m) “Licensed alcohol and drug counselor (LADC)”
means “licensed alcohol and drug counselor” as defined in RSA 330-C:2, XIII.
(n) “Licensed clinical supervisor (LCS)” means
“licensed clinical supervisor” as defined in RSA 330-C:2, XIV.
(o) “Master licensed alcohol and drug counselor
(MLADC)” means “master licensed alcohol and drug counselor” as defined in RSA
330-C:2, XV.
(p) "New Hampshire Alcohol and Drug Abuse
Counselors Association (NHADACA)" means the New Hampshire professional membership organization
of substance use prevention, treatment, and recovery service providers and
other addiction-focused health care professionals located at 130 Pembroke Rd
#150, Concord, NH 03301 with a phone number of (603) 225-7060 and website address
at website www.nhadaca.org.
(q) "NAADAC: The Association for Addiction
Professionals (NAADAC)" means a nationwide professional membership organization of addiction counselors,
educators and other addiction-focused health care professionals in the United
States located at 1001 N. Fairfax St. Suite 201, Alexandria, VA 22314, phone
numbers 703-741-7686 or 800-548-0497, fax 703-741-7698 or 800-377-1136, and
e-mail naadac@naadac.org.
(r) "New Hampshire Center for Excellence on
Addiction" means a non-profit agency that provides training and technical
assistance to providers and others relative to alcohol and other drug services
located at Community Health Institute, 501 South Street, 2nd Floor, Bow, NH
03304, Phone number 603-573-3311, and e-mail www.nhcenterforexcellence.org.
(s) "NHTI – Concord’s Community College
(NHTI)" means a college of the New Hampshire community college system
located at 31 College Drive, Concord, NH 03301.
(t) New Hampshire Training Institute on Addictive
Disorders" means the branch of NHADACA which provides training to
substance use prevention, treatment, and recovery service providers.
(u) "Practice of substance use
counseling" means “practice of substance abuse counseling” as defined in
RSA 330-C:2, XVIII.
(v) “Small group” means a group of 8 people or
less.
(w) "Substance use disorder" means
"substance use disorder" as defined in RSA 330-C:2, XIX.
(x) "Work experience" means "work
experience" as defined in RSA 330-C:2, XXI.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (see Revision Note at chapter heading for
Alc 300)
PART
302 REQUIREMENTS FOR APPLICANTS
Alc
302.01 Eligibility.
(a) All applicants for licensure and
certification shall:
(1) Be a person
of at least 18 years of age;
(2) Have the
ability to read and write in the English language;
(3) Have
committed none of the following acts;
a. Fraud or
deceit in procuring or attempting to procure a license, certification, or other
authorization to practice substance use counseling or treatment in this or
another state or territory of the United States;
b. Sexual
misconduct including but not limited to, sexual relations with, solicitation of
sexual relations with, or sexual abuse of, a client or participant whether past or present;
c. Failure to
remain free from the use of a controlled substance or alcohol to the extent
that use impairs the ability to conduct with safety to the public the practices
authorized by RSA 330-C;
d. Conviction
of a felony unless waived as described in Alc 303.01(b);
e. An act or
omission causing another state or territory of the United States to revoke or
suspend a license, certification, or other authorization to practice substance
use counseling or treatment or to discipline the person authorized to practice
by placing him or her on probation;
f. Failure to
maintain confidentiality as described in RSA 330-C:26;
g. False or
misleading advertising; and
h. Engaged in a relationship with a client or
former client involving financial or other exchange of resources that is in
violation of NAADAC code of ethics; and
(4) Have no
mental disability that currently affects the applicant’s professional judgment
or ability to offer the services described in RSA 330-C.
(b) An applicant shall not be disqualified for
certification or licensure for an act described in Alc 302.01(a)(3) if the
board finds that the applicant has made sufficient restitution or has been
rehabilitated in accordance with the following criteria:
(1) Based on
the facts of the act or omission that have been determined in an investigation
conducted pursuant to RSA 330-C:28, I;
(2) The
applicant is in compliance with disciplinary action taken by the board or by a
regulatory or licensing body of another state or territory of the United
States;
(3) The
applicant is in compliance with orders entered by a court of competent
jurisdiction in this state, another state, or the United States, including any
applicable conditions of probation or parole;
(4) The
behavior involved in the act or omission does not prevent the applicant from
safely providing to the public the services for which certification or
licensure is sought;
(5) If the act
or omission is the result of or related
to the applicant’s misuse
of substances, that such behavior has been treated and is presently controlled;
and
(6) The board
issues the license or certification on a probationary status and imposes any or
all of the controls authorized by RSA 330-C:27, IV(e).
(c) An applicant shall not be disqualified for
certification or licensure based upon a mental disability if the board finds
that the following criteria have been met:
(1) The extent
and potential effects of the mental disability upon the public shall be
determined in an investigation conducted pursuant to RSA 330-C:28, I;
(2) The
applicant’s disability is controlled to the extent it does not present a
current impairment of the ability to conduct with safety to the public the
practices authorized by RSA 330-C and for which licensure or certification is
sought; and
(3) The board
issues the license or certification on a probationary status and imposes any or
all of the controls authorized by RSA 330-C:27, IV(e).
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (see Revision Note at chapter heading for
Alc 300)
PART
303 INITIAL CERTIFICATION AS A RECOVERY
SUPPORT WORKER
Alc
303.01 Eligibility Requirements.
(a) An individual shall be eligible for
certification as a recovery support worker if the individual:
(1) Has a minimum of a high school diploma or
its equivalent;
(2) Has
completed, within the 10 years immediately preceding the completion of an
application, at least 500 hours of paid or volunteer work experience as further
described in Alc 303.02;
(3) Has
completed at least 46 hours of education as further described in Alc 303.03;
(4) Has
complied with the application procedures as set forth in Alc 304;
(5) Has passed
the examination specified by Alc 305.01; and
(6) Has been
found competent in peer recovery support work as shown by ratings described in
Alc 313.07(e) and (f), meeting the following standards based on all “Supervisor
Work Experience Report Form” required to cover the individual’s entire work
experience:
a. No “not
acceptable” ratings on all performance domains or core functions; and
b. At least one rating per performance domain which is
not a rating of “no opportunity for supervision”;
(7) Is of good
moral character, as evidenced by:
a. Information
provided on the “Initial Certification Application as a Recovery Support
Worker” form described in Alc 304.02 or in the additional materials reviewed by
the board regarding any criminal convictions, pending criminal charges, and
plea agreements;
b. Information
provided on the “Initial Certification Application as a Recovery Support
Worker” form described in Alc 304.02 or in the additional materials reviewed by
the board regarding any restitution made for any acts or omissions described in
RSA 330-C:27;
c. Any
misdemeanors involving acts of violence, abuse of a minor or vulnerable person,
or substance use related offenses;
d. Information
provided on the “Initial Certification Application as a Recovery Support
Worker” form described in Alc 304.02 or in the additional materials reviewed by
the board regarding any remedial action taken with respect to mental
disability;
e. Official
letters of verification submitted in accordance with Alc 304.04(e), if any; and
f. Letters from
employers for whom the individual volunteered or worked as further described in
Alc 304.04(g).
(b) The board shall waive an applicant’s felony
conviction, if any, if:
(1) The
applicant has corrected the deficiency which led to the felonious act or omission;
and
(2) The board
has considered the following when determining if waiving the criminal act or
omission is appropriate:
a. The
applicant’s explanation of the offense(s) or omissions;
b. The
applicant’s written explanation of the steps taken to make restitution;
c. Compliance
with probation or parole, if applicable;
d. Payment of
fines or restitution, if applicable; and
e. Compliance
with any plea agreement or settlement agreement made with any court, board, or
other supervising entity, if applicable;
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (see Revision Note at chapter heading for
Alc 300)
Alc 303.02 Paid or Volunteer Work Experience. The required paid or volunteer supervised
work experience shall consist of at least 500 hours inclusive of the 4 domains
that:
(a) Involves direct and indirect services including, but not limited to:
(1) Clients;
(2) Participants; and
(3) Mentees;
(b) Is performed after submission of a
supervisory agreement that has been approved by the board as defined in Alc
313.09;
(c) Is performed in one or more of the following
private or public settings:
(1) A
detoxification program;
(2) A substance
use counseling program;
(3) A substance
use treatment program;
(4) A recovery
community organization; or
(5) In the
substance use aspect of a healthcare, social service, or other direct service
program; and
(d) Twenty-five hours of the 500 hours required
shall be direct supervised work experience in accordance with Alc 404.03(a) and
Alc 404.05.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (see Revision Note at chapter heading for
Alc 300)
Alc
303.03 Education.
(a) The required education shall consist of at
least 46 hours covering the 4 domain areas, to include at least:
(1) Sixteen hours of education in ethical
responsibility inclusive of:
a. Substance use recovery services;
b. Ethical boundaries; and
c. 42 CFR Part 2 and HIPAA confidentiality laws;
(2) Ten hours
of education in advocacy inclusive of:
a. Substance
use recovery issues; and
b. Six hours of
education of suicide prevention training;
(3) Ten hours of mentoring and education training
inclusive of:
a. Substance use recovery issues; and
b. Three hours of mental health and co-occurring
training; and
(4) Ten hours of recovery and wellness training
inclusive of:
a. Substance use recovery issues; and
b. Three hours of HIV and AIDS training.
(b) At least 50% of the required education shall
be provided, sponsored, or approved by:
(1) The board
or the licensing body of any state within the IC&RC;
(2) National Association for Alcoholism and Drug Abuse
Counselors – The Association for Addiction Professionals (NAADAC);
(3) New
Hampshire Training Institute on Addictive Disorders;
(4) New
Hampshire Center for Excellence on Addiction;
(5) AdCare
Educational Institute of New England;
(6) NHTI –
Concord Community College;
(7) New
Hampshire Alcohol and Drug Abuse Counselors Association; or
(9) The NH
department of health and human services bureau of drug and alcohol services
(BDAS).
(c) No more than 25% of the required education
described above shall be obtained by the applicant online. This maximum shall not apply to educational
hours obtained as part of an online college program or from an online training
that is live and simultaneously interactive.
(d) One college credit shall be equivalent to 15
contact hours.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (see Revision Note at chapter heading for
Alc 300)
Alc
303.04 Criteria for Initial
Reciprocity Based Licensure or Certification.
(a) Applicants for initial certification as a
CRSW who are currently certified recovery support workers in another
jurisdiction within the IC&RC shall be certified by the board upon
completion of the application requirements in Alc 304.01 – Alc 305.
(b) Applicants for initial certification as a
CRSW who are certified recovery support workers in a jurisdiction outside the
IC&RC shall be eligible for certification in New Hampshire, provided that:
(1) The
application requirements are equal to or more stringent than those outlined in
this chapter; and
(2) The
applicant complies with the application requirements described in Alc 304.01 –
304.04.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (see Revision Note at chapter heading for
Alc 300)
PART Alc 304 APPLICATION PROCEDURES AND BOARD
PROCEDURES FOR INITIAL CERTIFICATION AS A RECOVERY SUPPORT WORKER
Alc
304.01 Procedures for Applying for
Initial Certification as a Recovery Support Worker. An applicant for certification as a recovery
support worker shall arrange for the board’s office to receive:
(a) A completed, signed, and dated “Initial
Certification Application as a Recovery Support Worker” form provided by the
board and further described in Alc 304.02;
(b) The additional materials described in Alc
304.04;
(c) Payment of the certification fee as described
in Alc 317; and
(d) A criminal history
records check form and fingerprint card or live scan document, requesting both
a New Hampshire and a federal records check, in accordance with the procedure
specified by the NH department of safety at Saf-C 5700, Operation of the Central
Repository: Criminal Records, with the
required fee. The fee for the criminal
history records check shall be submitted using a separate payment.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc 300)
Alc
304.02 Application Form. The applicant shall furnish the following
information on the application form provided by the board:
(a) The applicant’s full legal name;
(b) Any other names ever used by the applicant;
(c) The applicant’s date of birth;
(d) The applicant’s current employer;
(e) The applicant’s current employers address,
business email, and phone number;
(f) Using the “yes” and “no” spaces provided,
whether or not the applicant:
(1) Has any
pending criminal charges;
(2) Has made a
plea agreement relative to any criminal charge;
(3) Has been convicted of a felony or misdemeanor
in this or any jurisdiction;
(4) Has any
license or certification under revocation, suspension, or probation in another
state or territory of the United States; and
(5) Is currently on probation or parole in New
Hampshire or in any other state or territory of the United States;
(6) Has engaged
in work with individuals with substance use or integrated co-occurring
disorders in a manner harmful or dangerous to them or the public;
(7) Has
practiced fraud or deceit in procuring or attempting to obtain this
certification;
(8) Has engaged
in sexual relations with, solicited sexual relations with, or committed an act
of sexual abuse against or sexual misconduct with, a current or past participant or minor;
(9) Has failed
to remain free from the use of any controlled substance or any alcoholic
beverage to the extent that the use impairs the applicant’s ability to engage
in work with individuals with substance use and integrated co-occurring
disorders with safety to the public;
(10) Has
engaged in false or misleading advertising;
(11) Has
disciplinary action(s) pending in another state or territory of the United
States;
(12) Has a
mental disability which impairs professional ability or judgment; and
(13) Is
currently or has previously been authorized in another jurisdiction to provided
recovery support work;
(g) If the applicant has answered any of the
questions in Alc 304.02(g) in the affirmative provide a detailed written
explanation of the circumstances surrounding the “yes” answer and include any
restitution(s) or remedial action(s);
(h) List the private and public settings in which
the applicant completed the paid or volunteer work experience required by Alc
303.02;
(i) List the sources of the education required by
Alc 303.03;
(j) The applicant’s physical home address;
(k) The applicant’s home telephone number or
cellular phone number;
(l) The applicant’s home mailing address;
(m) The applicant’s personal email address;
(n) Pursuant to RSA 161-B:11 and RSA 330-C:20, I,
the applicant’s social security number for the purpose of child support
enforcement compliance with RSA 161-B:11; and
(o) The applicant shall sign and date the
“Initial Certification Application as a Recovery Support Worker” below the
following statement:
“The information provided on this application form and
in the materials, I have provided to support my application is true, accurate,
and complete to the best of my knowledge and belief. I acknowledge that,
pursuant to RSA 641:3, the knowing making of a false statement on this
application form is punishable as a misdemeanor. I have read and understand the laws, rule,
and ethical standards for Recovery Support Workers and if I am certified I will
abide by those laws, rules, and ethical standards as defined in Alc 500.”
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc 300)
Alc
304.03 Meaning of the Applicant’s
Signature. The applicant’s signature on the “Initial Certification
Application as a Recovery Support Worker” form shall mean that:
(a) The applicant confirms that the information
provided on the “Initial Certification Application as a Recovery Support
Worker” form and submitted by the applicant to support his or her application
is true, accurate, and complete to the best of his or her knowledge and belief;
and
(b) The applicant acknowledges that knowingly
making a false statement on the “Initial Certification Application as a
Recovery Support Worker” form shall be punishable as a misdemeanor under RSA
641:3.
Source. #9421,
INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc 300)
Alc
304.04 Additional Materials to be
Submitted. The additional materials to be submitted by an applicant for
initial certification shall be:
(a) The test scores from the examination
described in Alc 305 submitted to the board directly from the testing
institution;
(b) A photocopy of the applicant’s:
(1) High school
diploma;
(2) Certificate
of general educational development or
equivalent credential issued by a state department of education;
(3) Any other
certificate showing that the applicant has earned the equivalent of a high
school diploma; or
(4) A
transcript showing completion of a college degree program indicating education
beyond a high school diploma;
(c) The completed, signed, and notarized form
required by the New Hampshire division of state police for the issuance and
transmission to the board of the applicant's state and federal criminal
conviction reports;
(d) On a fingerprint card furnished by the board
or live scan document, the set of fingerprints required by the New Hampshire
division of state police for the issuance of the applicant's state and federal
criminal conviction reports;
(e) Unless the information is available only on a
secure website, an official letter of verification sent directly to the board
from every jurisdiction which has issued a license, certificate, or other
authorization to practice recovery support or other work supporting treatment
of individuals with substance use and integrated co-occurring disorders
stating:
(1) Whether the
license certificate or other authorization is or was, during its period of
validity, in good standing; and
(2) Whether any
disciplinary action was taken against the licensee, certificate, or other
authorization to practice;
(f) A written description of the circumstances if
the applicant has checked the “yes” space for any of the “yes-no” questions on
the “Initial Certification Application as a Recovery Support Worker” form;
(g) Proof of compliance with any current orders
described in Alc 302.01(b)(3) dated within 60 days of the date of submission of
the “Initial Certification Application as a Recovery Support Worker” form;
(h) The “Supervised Work Experience Report Form”
from each of the private and public employer(s) for whom the applicant
performed paid or volunteer work evidencing compliance with the work experience
required by Alc 303.02 shall require:
(1) Supervised
work experience of at least 500 hours in duration;
(2) The
supervised work experience to be:
a. Be paid or
volunteer in nature;
b. Involve
direct services to clients;
c. Be performed
under the supervision of an individual approved by the board to supervise
CRSW’s; and
d. Be performed
in one or more of the following private or public settings:
1. A
detoxification program;
2. A substance
use counseling program;
3. A substance
use treatment program; or
4. In the
substance use aspect of a healthcare, social service, or other direct service
program; and
(3) The
supervised work experience to include:
a. Monitoring
by the supervisor of the performance of the person being supervised; and
b. Record
keeping and note taking by the supervisor which is sufficiently detailed to
permit accurate later assessment of the work of the individual being supervised
and accurate completion of the “Supervised Work Experience Report Form” as
described in Alc 313.06;
(i) Photocopies of all certificates of completion
showing compliance with the training requirement in Alc 303.03, attaching
additional sheets as necessary to provide the following information if it does
not appear on the certificate:
(1) The name of
the applicant;
(2) The title
of the training;
(3) The name of
the training provider;
(4) The date(s)
and number of hours of the training;
(5) If the
training does not meet the requirements set forth in Alc 303.03(b), a
description of the topic(s) covered by the training, in the form of a brochure
or description issued by the training provider;
(6) The
signature of the training instructor or a representative of the provider or
sponsoring or approving organization, together with the title of the person
signing the certificate of completion; and
(7) A list of the domains covered by the
training;
(j) The “Supervision Agreement” further described
in Alc 313.09; and
(k) The “Applicant Evaluation Form” described in
Alc 313.10.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (see Revision Note for Chapter heading for
Alc 300)
Alc
304.05 Board’s Processing of
Applications for Initial Certification as a Recovery Support Worker.
(a) Pursuant to RSA 330-C:20, III the board's
office shall submit the release form described in Alc 304.04 (c), the
fingerprints described in Alc 304.04(d) and the payment described in Alc
304.01(d) to the division of state police for the purpose of obtaining the
applicant's state and federal criminal conviction reports.
(b) The application for initial certification
shall be considered complete when:
(1) The board’s
office has received:
a. A completed,
signed, and dated application form;
b. The
additional materials described in Alc 304.04;
c. The
applicant’s state and federal criminal conviction reports transmitted to the
board by the division of state police; and
d. Any
additional information or documents which the board has requested pursuant to
(c) below; and
(2) The
treasurer has transacted the applicant’s cash, check, or money order in payment
of the total certification fee.
(c) If the board, after receiving and reviewing the
application materials submitted by the applicant and the applicant's state and
federal criminal conviction reports, requires further information or documents
to determine the applicant's qualification for certification, the board shall:
(1) So notify
the applicant in writing within 60 days; and
(2) Specify the information or documents it requires.
(d) The application shall be denied if the
application is not complete within 52 weeks of the receipt by the board’s
office of the completed application form.
(e) The board shall issue the recovery support
worker certification or a written denial of the application within 120 days of
the date that the application is complete.
(f) The board shall refund the certification fee,
if:
(1) The
applicant withdraws the application;
(2) The application is not completed within 52 weeks
of receipt by the board’s office of the completed application form; or
(3) The board denies the application.
(g) An applicant wishing to challenge the board’s
denial of an application for initial certification shall:
(1) Make a
written request for a hearing in accordance with Alc 200; and
(2) Submit this
request to the board:
a. Within 60
days of the board’s notification of denial; or
b. If the
applicant is on active military duty outside the United States, within 60 days
of the applicant’s return to the United States or release from duty, whichever
occurs later.
Source. #12001, eff
10-13-16
PART Alc 305
EXAMINATION FOR CRSW INITIAL CERTIFICATION
Alc
305.01 Examination and Examination
Procedures.
(a) The examination to be passed for initial
certification as a CRSW shall be the IC&RC written “Peer Recovery” (PR)
examination.
(b) Applicants intending to take the IC&RC
written peer recovery examination shall apply
to and take the examination with the IC&RC.
(c)
Applicants for certification shall request the IC&RC submit proof
they have received a passing score on the “Peer Recovery” examination directly
to the board.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED:
9-10-09’
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (see Revision Note for Chapter heading for
Alc 300)
PART Alc 306
BOARD’S PROCESSING OF APPLICATIONS FOR INITIAL CERTIFICATION AS A
RECOVERY SUPPORT WORKER
Alc
306.01 Processing of Applications for
Initial Certification.
(a) Pursuant to RSA 330-C:20, III the board's
office shall submit the release form described in Alc 304.04 (c), the
fingerprints described in Alc 304.04(d), and the payment described in Alc
304.01(d) to the division of state police for the purpose of obtaining the
applicant's state and federal criminal conviction reports.
(b) The application for initial certification
shall be considered complete when:
(1) The board’s
office has received:
a. A completed,
signed, and dated “Initial Certification Application as a Recovery Support
Worker” form pursuant to Alc 304.02;
b. The
additional materials described in Alc 304.04;
c. The
applicant’s state and federal criminal conviction reports transmitted to the
board by the division of state police; and
d. Any
additional information or documents which the board has requested pursuant to
(c) below; and
(2) The
treasurer has transacted the applicant’s check, or money order in payment of
the total certification fee.
(c) If the board, after receiving and reviewing the
application materials submitted by the applicant and the applicant's state and
federal criminal conviction reports, requires further information or documents
to determine the applicant's qualification for certification, the board shall:
(1) So notify
the applicant in writing within 30
days; and
(2) Specify the information or documents it requires.
(d) The application shall be denied if the
applicant has not submitted all documents required pursuant to Alc 306.01(b)
within 120 days of the receipt
by the board’s office of the completed “Initial Certification Application as a
Recovery Support Worker” form.
(e) The board shall issue the recovery support
worker certification or a written denial of the application within 60 days of the date that the
application is complete.
(f)
An applicant wishing to challenge the board’s denial of an application
for initial certification shall:
(1) Make a
written request for a hearing in accordance with Alc 200; and
(2) Submit this
request to the board:
a. Within 60
days of the board’s notification of denial; or
b. If the
applicant is on active military duty outside the United States, within 60 days
of the applicant’s return to the United States or release from duty, whichever
occurs later.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (formerly Alc 304.05) (see Revision Note for Chapter heading for Alc
300)
PART Alc 307
INITIAL LICENSURE AS A LICENSED ALCOHOL AND DRUG COUNSELOR
Alc
307.01 Scope. The rules in Alc 306, Alc 307, and Alc 308
shall not apply to applicants applying for reciprocity-based LADC licensure
under Alc 309 unless otherwise specified in Alc 309.
Source. #9421, INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New.
#12001, eff 10-13-16; ss by #13518, eff 3-13-23 (formerly Alc 306.01)
(see Revision Note for chapter heading for Alc 300)
Alc
307.02 Eligibility Requirements for
Initial Licensure as a Licensed Alcohol and Drug Counselor.
(a) The board shall issue an initial license as a
licensed alcohol and drug counselor to an individual who:
(1) Has
committed none of the acts or omissions described in RSA 330-C:27, III for
which the applicant has not made sufficient restitution as follows:
a. Restoration
of the person or entity injured by the individual to his, her, or its original
condition;
b. A
restitution acknowledged by the injured person or entity to be sufficient;
c. Correction
of the deficiency in the individual which led to the act or omission;
d. A
restitution ordered in disciplinary action taken by the board; or
e. Restitution
ordered in disciplinary action taken by a regulatory body of another state or
territory of the United States;
(2) Is of good
character, as evidenced by:
a. Information
provided on the “Application for Initial Licensure as an Alcohol and Drug
Counselor or Master Alcohol and Drug Counselor” form pursuant to Alc 313.02 or
in the additional materials reviewed by the board regarding any criminal
convictions, pending criminal charges, and plea agreements;
b. Information
provided on the “Application for Initial Licensure as an Alcohol and Drug
Counselor or Master Alcohol and Drug Counselor” form pursuant to Alc 313.02 or
in the additional materials reviewed by the board regarding any restitution
made for any acts or omissions described in RSA 330-C:27, III;
c. Information
provided on the “Application for Initial Licensure as an Alcohol and Drug
Counselor or Master Alcohol and Drug Counselor” form or in the additional
materials reviewed by the board regarding any remedial action taken with
respect to mental disability; and
d. Official
letters of verification and training requirements set forth in Alc 308.04(d),
if any;
(3) Has met the education requirements set forth
in Alc 307.03;
(4) Has met the
training requirements set forth in Alc 307.04;
(5) Has
accumulated the supervised work experience specified in Alc 307.05;
(6) Has been
found competent in substance use counseling as shown by ratings described in
Alc 313.06(e)(9), meeting the following standards based on all “Supervised Work
Experience Report Form” required to cover the individual’s entire work
experience:
a. No “not
acceptable” ratings on any of the core functions; and
b. At least one rating per core function which is not
a rating of “no opportunity for supervision”;
(7) Has passed
the examination specified by Alc 308.01(a) and otherwise complied with the
examination procedures of Alc 308.01; and
(8) Has
complied with the application procedures set forth in Alc 312.
(b) The board shall waive an applicant’s felony
conviction, if any, if the applicant has corrected the deficiency which led to
the felonious act or omission.
(c) The board shall
consider the following when determining if waiving the criminal act or omission
shall be appropriate:
(1) The applicant’s explanation of the offense(s)
or omissions;
(2) The applicant’s written explanation of the
steps taken to make restitution;
(3) Compliance with probation or parole, if
applicable;
(4) Payment of fines or restitution, if
applicable; and
(5) Compliance with any plea agreement or
settlement agreement made with any court, board, or other supervising entity, if applicable;
(d) If the board determines, after considering
all the information about the conviction or omission, that it does not impair the applicant’s ability to
conduct, safety, the practices for which the applicant seeks licensure the
board shall issue the waiver.
Source. #9421,
INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (formerly Alc 306.02) (see Revision Note for chapter heading for Alc
300)
Alc
307.03 Educational Eligibility
Requirements.
(a) Pursuant to RSA 330-C:17, I, eligibility for
initial licensing as a licensed alcohol and drug counselor shall require an
individual to have:
(1) Graduated
with one of the academic degrees stated in (b) below;
(2) Received
the required drug and alcohol use education stated in (c) below; and
(3) Received
the supervised practical training in drug and alcohol counseling stated in (d)
below.
(b) The qualifying academic degrees shall be:
(1) An
associate’s degree in substance use counseling, addiction studies, or
equivalent program; or
(2) A
bachelor’s degree in clinical mental health, social work, psychology, substance
use counseling, addiction studies, or human services from a college or
university accredited by:
a. The
Commission on Institutions of Higher Education of the New England Association
of Schools and Colleges; or
b. Any other accrediting body recognized by the
Council for Higher Education Accreditation.
(c) The required drug and alcohol use education
shall:
(1) Total at
least 300 hours, including:
a. Six hours of
education in confidentiality;
b. Six hours of
education in the 12 core functions;
c. Six hours of
education in ethics;
d. Six hours of
education in HIV and AIDS;
e. Six hours of education in suicide prevention;
and
f. The remaining 270 hours covering the 18 categories
of competence as described in Alc 313.10(j)(1)-(18); and
(2) Be
received:
a. As part of
the academic program; or
b. In a program
given, sponsored or approved by:
1. The board or
the licensing body of any other state within the IC&RC;
2. National Association for Alcoholism and Drug Abuse
Counselors – The Association for Addiction Professionals (NAADAC);
3. New
Hampshire Training Institute on Addictive Disorders;
4. New
Hampshire Center for Excellence on Addiction;
5. AdCare Educational Institute of New England;
6. NHTI –
Concord Community College;
7. New
Hampshire Alcohol and Drug Abuse Counselors Association;
8. The NH department of health and human
services bureau of drug and alcohol services (BDAS); or
9. Any public or
private agency or institution providing training in the practice of substance
use counseling and recognized by the Council for Higher Education
Accreditation.
(d) No more than 25% of the required education
shall be obtained by the applicant online.
This maximum shall not apply to educational hours obtained as part of an
online college program or from an online training that is live and
simultaneously interactive.
Source. #9421,
INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (formerly Alc 306.03) (see Revision Note for chapter heading for Alc
300)
Alc
307.04 Training Eligibility
Requirements. The required
supervised practical training in alcohol and drug use counseling shall:
(a) Total at least 300 hours;
(b) Cover training in the 12 core functions, with
a minimum of 10 hours of supervised practical training received in each of the
12 core functions;
(c) Supervised practical training that includes
direct and indirect supervision; and
(d) Be received:
(1) In an
internship or practicum; or
(2) At the site
of, and as part of, the supervised work experience as described in Alc
301.01(k) and as descried in Alc 307.05.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (formerly Alc 306.04) (see Revision Note
for chapter heading for Alc 300)
Alc
307.05 Supervised Work Experience
Requirement.
(a) The required supervised work experience shall
be of the following duration:
(1) For an
individual holding an associate’s degree, an accumulated 6,000 hours; and
(2) For an
individual holding a bachelor’s degree, an accumulated 4,000 hours.
(b)
The supervised work experience shall:
(1) Be paid or volunteer in nature;
(2) Involve direct services to clients;
(3) Be performed under the supervision of an
individual licensed by the board or authorized by the regulatory board of
another state to practice substance use counseling; and
(4) Be performed in one or more of the following
private or public settings:
a. A detoxification program;
b. A substance use counseling program;
c. A substance use treatment program; or
d. In the substance use aspect of a healthcare,
social service, or other direct service program.
(c)
The supervised work experience shall include:
(1) Monitoring by the supervisor of the
performance of the person being supervised; and
(2) Record keeping and note taking by the
supervisor which is sufficiently detailed to permit accurate later assessment
of the work of the individual being supervised and accurate completion of the
“Supervised Work Experience Report Form” as described in Alc 313.06.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23 (formerly Alc 306.05) (see Revision Note
for chapter heading for Alc 300)
PART Alc 308
EXAMINATION FOR LADC INITIAL LICENSURE
Alc
308.01 Examination and Examination
Procedures.
(a) The examination to be passed for initial
licensure as a LADC shall be the IC&RC written alcohol and drug counselor
(ADC) examination.
(b) Applicants intending to take the IC&RC
written alcohol and drug counselor examination shall apply to and take the examination with the IC&RC.
(c)
Applicants for licensure shall request that the IC&RC submit proof
they have received a passing score on the IC&RC International examination
directly to the board.
Source. #9421,
INTERIM, eff 3-14-09, EXPIRED: 9-10-09
New. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (formerly Alc 307.01) (see Revision Note for chapter heading for Alc
300)
PART Alc 309
INITIAL RECIPROCITY-BASED LADC LICENSURE
Alc
309.01 Eligibility Requirements for
Reciprocity-Based Initial Licensure as a Licensed Alcohol and Drug Counselor.
(a) The board shall issue an initial license as a
LADC based on reciprocity to an individual who has been licensed in another
state for less than 5 years and who:
(1) Meets the
requirements set forth in Alc 306.02 (a)(1) through (a)(3);
(2) Has not
been the subject of disciplinary action with the immediately preceding 5 years
in any state or jurisdiction; and
(3) Has
complied with the application requirements set forth in Alc 313.01.
(b) An applicant for reciprocity-based initial
licensure as a LADC who has been licensed in another state for 5 years or more
shall submit or arrange for the board's office to receive:
(1) A completed
the “Application for Initial Licensure as an Alcohol and Drug Counselor or
Master Alcohol and Drug Counselor” form provided by the board and further
described in Alc 313.02;
(2) A
reciprocity approval notification sent directly to the board's office by
IC&RC, if applicable;
(3) Proof of practice as a LADC or at an
equivalent level of licensure and scope of practice in another state or
territory of the United States for a period of 5 years or more, with the
applicant’s license being active and in good standing as verified by the
licensing body in the state or territory of licensing, if applicable;
(4) An official
transcript showing the applicant's academic degree sent directly to the board's
office by the degree-granting educational institution;
(5) Payment of the
applicable license fee as described in Alc 317;
(6) A criminal history records check
form and fingerprint card or live scan document, requesting both a New
Hampshire and a federal records check, in accordance with the procedure
specified by the NH department of safety at Saf-C 5700, Operation of the
Central Repository: Criminal Records,
with the required fee. The fee for the
criminal history records check shall be submitted using a separate payment.
(7) Unless the
information is available only on a secure website, an official verification
letter sent directly to the board by every jurisdiction which has issued a
license, certificate, or other authorization to practice counseling of
individuals with substance use and integrated co-occurring disorders stating:
a. Whether the
license, certificate, or other authorization is or was, during its period of
validity, in good standing, and
b. Whether any
disciplinary action was taken against the license, certificate, or other
authorization to practice; and
(8) A written
description of the circumstances if the applicant has indicated "yes"
to any of the "yes-no" questions on the “Application for Initial
Licensure for Alcohol and Drug Counselor or Master Alcohol and Drug Counselor”
form.
(c) Notwithstanding (a)-(b) above, applicants
seeking licensure pursuant to this section with less than a 60-hour master’s
degree shall be eligible for licensure prior to completing the requirements of
Alc 310.02, so long as:
(1) Such
individuals comply with Alc 310.02(b) within 5 years of initial licensure; and
(2) Such
individuals notify the board, in writing, upon completion of the required
education.
(d) Applicants under (c) above who do not satisfy
the educational requirements within 5 years of licensure shall not be eligible
for MLADC license renewal but shall be licensed as a LADC if the board
determines that the requirements of Alc 306 have been met.
(e) The board shall waive the requirements of
supervised practical training described in Alc 310.04 and supervised work
experience found in Alc 310.05 for applicants applying for licensure under this
section, provided that applicants present proof of active licensed practice in
another jurisdiction for a period of 5 years or more.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
PART Alc 310 INITIAL LICENSURE AS A MASTER LICENSED
ALCOHOL AND DRUG COUNSELOR
(a)
Meets the requirements set forth in Alc 307.02 (a)(1) through (a)(2);
(b)
Holds a master's degree as further described in Alc 310.02;
(c)
Has complied with the examination procedures and passed the examination
described in Alc 311.01;
(d)
Has received at least 300
hours of substance use education and
integrated co-occurring disorders education as further described in Alc
310.03;
(e)
Has received at least 300 hours of supervised practical training as
further described in Alc 310.04;
(f)
Has accumulated at least 3,000 hours of post-master’s clinically
supervised direct counseling experience in treating substance use and
integrated co-occurring disorders as further described in Alc 310.05;
(g)
Has been found competent in substance use and integrated co-occurring
disorders counseling as shown by ratings described in Alc 313.06(e)(9) meeting
the following standards based on the number of “Supervised Work Experience
Report Form” to cover the individual's entire clinically supervised experience
in treating substance use and integrated co-occurring disorders:
(1) No more than 2 "not acceptable"
ratings on all core functions taken together; and
(2) At least one rating per core function which
is not a rating of “no opportunity for supervision”;
(h)
Has had any felony conviction waived by the board pursuant to Alc
307.02(a)(2); and
(i)
Has complied with the application procedures set forth in Alc 313.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
Alc
310.02 Master’s Degree Requirement. Applicants for initial licensure as a MLADC
shall have a master’s degree that is:
(a) A 60 hour degree-awarded by a college or
university accredited by an academic body which is a member of the Council for
Higher Education Accreditation, in one of the following fields:
(1) Clinical
mental health;
(2) Clinical
psychology;
(3) Substance
use treatment;
(4) Social
work; or
(5) Human
services; or
(b) A master’s degree that is less than 60
credits in one of the fields described in Alc 310.02(a)(1) through (5) above
provided that the applicant seeking to qualify for licensure with such a degree
obtains additional credits in substance use and co-occurring disorders received
through graduate level courses to bring the total number of credits to 60.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
Alc
310.03 Required Drug and Alcohol Use
Education.
(a) Required drug and alcohol use and integrated
co-occurring disorders education shall:
(1) Total at
least 300 hours, of which:
a. A minimum of
24 hours shall have been obtained within the 12 months immediately preceding
the date the applicant completes the application;
b. A minimum of
6 hours shall be required in ethics as related to substance use;
c. A minimum of
6 hours shall be required in HIV and Aids as related to substance use;
d. A minimum of
6 hours shall be required in confidentiality as related to substance use
counseling;
e. A minimum of
6 hours shall be required on the 12 core functions;
f. A minimum of 6 hours shall be required in
suicide prevention;
g. The remaining 270 hours shall cover the 18
categories of competence as described in Alc 313.10(j)(1) through (18); and
h. No more than
25% of the required educational hours shall be from online training, provided
that educational hours obtained as part of an online degree program or an on-line training that is live and
simultaneously interactive shall not count towards the maximum
threshold; and
(2) Be
received:
a. As part of
the academic program; or
b. In a program
given, sponsored, or approved by:
1. The board or
the licensing body of any other state within the IC&RC;
2. National Association for Alcoholism and Drug Abuse
Counselors – The Association for
Addiction Professionals (NAADAC);
3. NHTI on
Addictive Disorders;
4. New
Hampshire Center for Excellence on Addiction;
5. AdCare Educational Institute of New England;
6. New
Hampshire Technical Institute – Concord Community College;
7. New
Hampshire Alcohol and Drug Abuse Counselors Association;
8. New
Hampshire department of health and human services bureau of drug and alcohol
services; or
9. Any public
or private agency or institution, recognized by the Council for Higher
Education Accreditation, providing training in the practice of substance use
counseling;
(b) One college credit shall be equivalent to 15
contact hours.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
Alc
310.04 Required Supervised Practical
Training in Substance Use Counseling.
The required supervised practical training in alcohol, drug use, and
integrated co-occurring disorders counseling shall:
(a) Total at least 300 hours;
(b) Cover training in the 12 core functions, with
a minimum of 10 hours of supervised practical training received in each; and
(c) Be received post-graduate as part of, the
clinically supervised experience in treating substance use and integrated
co-occurring disorders described in Alc 310.05.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
Alc
310.05 Clinically Supervised Direct
Counseling Experience in Treating Substance Use and Integrated Co-occurring
Disorders.
(a) The clinically supervised direct counseling
experience in treating substance use and integrated co-occurring disorders
shall:
(1) Be paid or
volunteer in nature;
(2) Be
performed in one or more of the private or public settings listed in (c) below;
and
(3) Consist of
direct counseling services to clients provided in person, through telehealth,
or by audio, whether in the form of individual, couple, or group counseling as
described in (d) below;
(4) Consist of
interventions inclusive of assessment and treatment planning, under the
clinical supervision described in (b) below.
(b) Such experience shall be clinically
supervised as follows:
(1) Directly
and indirectly by an individual licensed or authorized by the board to practice
substance use and co-occurring mental health counseling pursuant to Alc 406.02;
(2) On a
schedule of at least 4 hours of clinical supervision during each month that the
person being supervised provides services to clients; and
(3) By a method
which:
a. Complies
with the definition in Alc 301.01(d); and
b. Includes the
supervisor(s) keeping records and making notes which are sufficiently detailed
to permit accurate later assessment of the work of the individual being
supervised and accurate completion of the “Supervised Work Experience Report
Form” described in Alc 313.06.
(c) The settings for the clinically supervised
direct counseling experience in treating substance use and integrated
co-occurring disorders shall be one or more of the following:
(1) A
detoxification program;
(2) A substance
use counseling program;
(3) A substance
use treatment program; or
(4) Within the
substance use aspect of a healthcare, social service, or other direct service
program.
(d) The applicant shall, pursuant to RSA
330-C:16, III, be permitted to substitute up to 1500 hours of the required
total hours of clinically supervised post-masters direct counseling experience
in treating substance use and integrated co-occurring disorders required by Alc
310.01 if holding a current license issued by the board of mental health or a
current license as a LADC.
(e) The applicant who wishes to substitute the
hours described in (d) above shall do so by submitting a written request
describing the number of hours the application wishes to substitute and
providing a copy of their currently active license at the time the application
is submitted to the board’s office.
(g) If the board, after receiving and reviewing
the request described in (f) above, requires further information to determine
if the substitution meets the requirements described in Alc 310.01(f), the
board shall:
(1) So notify
the applicant in writing within 30 days; and
(2) Specify the
information or documents it requires.
(h) The board shall issue written approval or
denial request within 60 days of the date that the application is completed.
(i) Any applicant wishing to challenge the
board's denial of a request for substitution shall:
(1) Make a
written request for a hearing of the applicant's challenge; and
(2) Submit this
request to the board:
a. Within 60
days of the board's notification of the denial; or
b. If the
applicant is on active military duty outside the United States, within 60 days
of the applicant's return to the United States or release from duty, whichever
occurs later.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23) (see Revision Note for chapter heading for
Alc 300)
PART Alc 311
EXAMINATION FOR MLADC INITIAL LICENSURE
Alc
311.01 Examination and Examination
Procedures.
(a) The examination to be passed for initial
licensure as a MLADC shall be the
IC&RC written advanced alcohol and other drug counselor (AADC) examination.
(b) Applicants intending to take the IC&RC
written advanced alcohol and drug counselor examination shall apply to and take the examination with the
IC&RC.
(c)
Applicants for licensure shall request the IC&RC submit proof they
have received a passing score on the “Advanced Alcohol and Drug Counselor”
examination directly to the board.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23) (see Revision Note for chapter heading for
Alc 300)
PART Alc 312
INITIAL RECIPROCITY BASED MLADC LICENSURE
Alc
312.01 Eligibility Requirements for
Reciprocity-Based Initial Licensure as a Master Licensed Alcohol and Drug
Counselor.
(a) The board shall issue an initial license as a
MLADC based on reciprocity to an individual who has been licensed in another
state for less than 5 years and who:
(1) Meets the
requirements set forth in Alc 310.01;
(2) Has not
been the subject of disciplinary action with the immediately preceding 5 years
in any state or jurisdiction; and
(3) Has
complied with the application requirements set forth in Alc 313.01.
(b) An applicant for reciprocity-based initial
licensure as a MLADC who has been licensed in another state for 5 years or more
shall submit or arrange for the board’s office to receive:
(1) A completed
“Application for Initial Licensure for Alcohol and Drug Counselor or Master
Alcohol and Drug Counselor” form provided by the board and further described in
Alc 313.02;
(2) A
reciprocity approval notification sent directly to the board’s office by the
IC&RC;
(3) Proof of practice as a LADC or at an
equivalent level of licensure and scope of practice in another state or
territory of the United States for a period of 5 years or more, with the
applicant’s license being active and in good standing as verified by the
licensing body in the state or territory of licensing, if applicable;
(4) An official
transcript showing the applicant’s academic degree sent directly to the board’s
office by the degree-granting educational institution;
(5) Payment of
the applicable license fee described in Alc 317;
(6) A criminal history records check
form and fingerprint card or live scan document, requesting both a New
Hampshire and a federal records check, in accordance with the procedure
specified by the NH department of safety at Saf-C 5700, Operation of the
Central Repository: Criminal Records,
with the required fee. The fee for the
criminal history records check shall be submitted using a separate payment;
(7) Unless
the information is available only on a secure website, an official verification
letter sent directly to the board by every jurisdiction which has issued a
license, certificate, or other authorization to practice counseling of
individuals with substance use and integrated co-occurring disorders stating:
a. Whether the
license, certificate, or other authorization is or was, during its period of
validity, in good standing, and
b. Whether any
disciplinary action was taken against the license, certificate, or other
authorization to practice; and
(8) A written
description of the circumstances if the applicant has indicated "yes"
to any of the "yes-no" questions on the “Application for Initial
Licensure for Alcohol and Drug Counselor or Master Alcohol and Drug Counselor”
form.
(c) Notwithstanding (a)-(b) above, applicants
seeking licensure pursuant to this section with less than a 60-hour master’s
degree shall be eligible for licensure prior to completing the requirements of
Alc 310.02, so long as:
(1) Such
individuals comply with Alc 310.02(b) within 5 years of initial licensure; and
(2) Such
individuals notify the board, in writing, upon completion of the required
education.
(d) Applicants under (c) above who do not satisfy
the educational requirements within 5 years of licensure shall not be eligible
for MLADC license renewal but shall be licensed as a LADC if the board
determines that the requirements of Alc 306 have been met.
(e) The board shall waive the requirements of
supervised practical training described in Alc 310.04 and supervised work
experience found in Alc 310.05 for applicants applying for licensure under this
section, provided that applicants present proof of active licensed practice in
another jurisdiction for a period of 5 years or more.
Source. #12001, eff
10-13-16; ss by #13518, eff 3-13-23) (see Revision Note for chapter heading for
Alc 300)
PART Alc 313
APPLICATION PROCEDURES FOR INITIAL LICENSURE AS A LICENSED ALCOHOL AND
DRUG COUNSELOR OR A MASTER LICENSED ALCOHOL AND DRUG COUNSELOR
Alc
313.01 Procedures for Applying for
Initial Licensure as a Licensed Alcohol and Drug Counselor or a Master Licensed
Alcohol and Drug Counselor. An applicant for initial licensure as a LADC or
a MLADC shall submit to the board's office or otherwise arrange for the board's
office to receive:
(a) A completed “Application for Initial
Licensure for Alcohol and Drug Counselor or Master Alcohol and Drug Counselor”
form provided by the board and further described in Alc 313.02;
(b) The additional materials described in Alc
313.04;
(c) Payment of the applicable license fee
described in Alc 317; and
(f) A criminal history
records check form and fingerprint card or live scan document, requesting both
a New Hampshire and a federal records check, in accordance with the procedure
specified by the NH department of safety at Saf-C 5700, Operation of the Central
Repository: Criminal Records, with the
required fee. The fee for the criminal
history records check shall be submitted using a separate payment.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
Alc
313.02 Application Form. On the board-provided “Application for
Initial Licensure for Alcohol and Drug Counselor or Master Alcohol and Drug
Counselor” form the applicant shall provide the following information:
(a) Whether the applicant is applying for initial
licensure as a licensed alcohol and drug counselor or master licensed alcohol
and drug counselor;
(b) The applicant’s full legal name;
(c) Any other names ever used by the applicant;
(d) The applicant’s date of birth;
(e) The applicant’s current employer;
(f) The applicant’s current employer’s mailing
address;
(g) The applicant’s business e-mail address;
(h) The applicant’s business phone number;
(i) Using the “yes” and “no” spaces provided,
whether or not the applicant:
(1) Has any
pending criminal charges and, if so, an explanation of such charges;
(2) Has made a
plea agreement relative to any criminal charges and, if so, an explanation of
such plea agreement;
(3) Has a
license or certification under revocation, suspension or probation in another
state or territory of the United States;
(4) Has
practiced fraud or deceit in procuring or attempting to obtain this license;
(5) Has engaged
in sexual relations with, solicited sexual relations with, or committed an act
of sexual abuse against or sexual misconduct with, a current or past client;
(6) Has failed
to remain free from the use of any controlled substance or any alcoholic
beverage to the extent that its use impaired the applicant’s ability to engage
in work with individuals with substance and integrated co-occurring disorders;
(7) Has engaged
in false or misleading advertising;
(8) Has any
disciplinary action pending in another state or territory of the United States;
and
(9) Has a
mental disability that impairs his or her professional ability or judgment;
(j) If the applicant has answered any of the
questions in Alc 313.02(i) above in the affirmative provide a detailed written
explanation of the circumstances surrounding the “yes” answer and include any
restitution(s) or remedial action(s);
(k) Whether the applicant is currently or has
been previously authorized by another jurisdiction to counsel individuals with
substance use and integrated co-occurring disorders and, if “yes”, by what
jurisdiction(s);
(l) The applicant’s academic degree and degree
granting institution;
(m) List of the providers of the applicant’s
required drug and alcohol use education, supervised practical training, and
clinical supervision;
(n) List of the sites of applicant’s required
supervised work experience;
(o) The applicant’s physical home address;
(p) The applicant’s home mailing address;
(q) The applicant’s home phone number or cell
phone number;
(r) The applicant’s personal email address;
(s) Pursuant to RSA 161-B:11 and RSA 330-C:20, I,
the applicant’s social security number for the purpose of child support enforcement
compliance with RSA 161-B:11;
(t) The applicant shall sign and date the
“Initial Application for Licensure as an Alcohol and Drug Counselor or Master
Alcohol and Drug Counselor” below the following pre-printed statement:
"The information provided on this application
form and in the materials, I have provided to support my application is true,
accurate, and complete to the best of my knowledge and belief. I acknowledge that, pursuant to RSA 641:3,
the knowing making of a false statement on this application form is punishable
as a misdemeanor". I have read and
understand the laws, rule, and ethical standards for an Alcohol and Drug Counselor
or for a Master Alcohol and Drug Counselor and if I am licensed I will abide by
those laws, rules and ethical standards.”
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
Alc
313.03 The Meaning of the Applicant’s
Signature. The applicant’s signature
on the “Application for Initial Licensure as an Alcohol and Drug Counselor or
Master Alcohol and Drug Counselor” form described in Alc 313.02 shall mean
that:
(a) The applicant confirms that the information
provided on the “Application for Initial Licensure as an Alcohol and Drug
Counselor or Master Alcohol and Drug Counselor” form and that has been
personally submitted to support the application is true, accurate, and complete
to the best of their knowledge and belief; and
(b) The applicant acknowledges that the knowing
making of a false statement on the “Application for Initial Licensure as an
Alcohol and Drug Counselor or Master Alcohol and Drug Counselor” form is
punishable as a misdemeanor under RSA 641:3.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
Alc
313.04 Additional Materials to be
Submitted by an Applicant for Initial Licensure as a Licensed Alcohol and Drug
Counselor or as a Master Licensed Alcohol and Drug Counselor. An applicant for initial licensure as a LADC
or a MLADC shall submit to the board, or arrange for the submission of, the
following additional materials:
(a) The completed, signed, and notarized form
required by the New Hampshire division of state police for the issuance and
transmission to the board of the applicant's state and federal criminal
conviction record reports;
(b) A criminal history
records check form and fingerprint card or live scan document, requesting both
a New Hampshire and a federal records check, in accordance with the procedure
specified by the NH department of safety at Saf-C 5700, Operation of the Central
Repository: Criminal Records, with the
required fee. The fee for the criminal
history records check shall be submitted using a separate payment.
(c) Unless the information is available only on a
secure website, an official verification letter sent directly to the board by
every jurisdiction which has issued a license, certificate, or other authorization to practice counseling of
individuals with substance use and integrated co-occurring disorders stating:
(1) Whether the
license, certificate, or other authorization is or was, during its period of
validity, in good standing, and
(2) Whether any
disciplinary action was taken against the license, certificate, or other
authorization to practice;
(d) A written description of the circumstances if
the applicant has indicated “yes” to any of the “yes-no” questions on the
“Application for Initial Licensure as an Alcohol and Drug Counselor or Master
Alcohol and Drug Counselor” form or has been convicted of a felony;
(e) An official transcript:
(1) Sent
directly to the board's office by the degree-granting educational institution;
and
(2) Showing,
for the LADC applicant, the award of one of the academic degrees required by
Alc 307.03(b) and, for the MLADC applicant, the award of the master's degree
required by Alc 310.02;
(f) Proof directly from the IC&RC that they
have received a passing score on the IC&RC examination;
(g) For the purpose of documenting receipt of the
required hours of drug and alcohol use education, as many of any of the
following 3 kinds of documents as needed to document all of the applicant's
hours:
(1) An official
academic transcript showing the hours of drug and alcohol use education
included in the academic program;
(2) One or more
certificates signed by a representative of a program listed in Alc
307.03(c)(2)b. and Alc 310.03(b)(3):
a. Showing the
receipt by the applicant of drug and alcohol use education; and
b. Including
the following:
1. Whether the
program is pre-approved and, if so, by whom;
2. The name of
the applicant;
3. The number
of hours of drug and alcohol use education received by the applicant;
4. The title of
the drug and alcohol use education;
5. The category
or categories of competence covered;
6. The name and
location of the program;
7. The name of
the program director or programs representative;
8. The
signature of the program representative;
9. The date of
the signature; and
10. If the
program is not pre-approved, a description or outline of the training which
contains the information described in 2. – 9. above including a syllabus or
brochure of for the program and a description of the category or categories of
competence covered by the training;
(h) For the purpose of documenting receipt of the
required hours of supervised practical training in alcohol and drug counseling,
as many completed board-provided “Supervised Practical Training Report Form”
further described in Alc 313.05 as are necessary to document all of the
applicant's hours;
(i) For the purpose of documenting the
applicant's accumulation of the supervised experience required by Alc 307.05 or
Alc 310.05, as applicable, the following forms:
(1) A single
board-provided applicant “Supervised Work Experience Report Form” further
described in Alc 313.06; and
(2) As many
board-provided “Supervised Work Experience Report Form”, further described in
Alc 313.06, as necessary for the supervisor(s) at each individual agency,
program, or other entity separately to report the applicant's work experience
supervised by such supervisor(s) at his, her, or their own site(s);
(j) For each employer listed in the applicant’s
“Supervised Work Experience Report Form” described in Alc 313.06, an
“Verification of Employment Form”, further described in Alc 313.08;
(k) A “Supervision Agreement”, further described
in Alc 313.09;
(l) A “Applicant Evaluation Form”, further
described in Alc 313.10; and
(m) An “Education and Training Summary Form”,
further described in Alc 313.11.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
Alc
313.05 Report Form Documenting Hours
of Supervised Practical Training in Alcohol and Drug Counseling. The report form “Supervised Practical
Training Report Form” documenting receipt of hours of supervised practical
training in alcohol and drug counseling shall require:
(a) The information detailed in (b) below to be
reported separately for each site of internship, academic program, supervision
site, or supervised experience where the applicant received supervised
practical training; and
(b) The following information shall be provided
on the “Supervised Practical Training Report Form”:
(1) The name of
the internship, academic program, or work site where the applicant received
supervised practical training in alcohol and drug counseling;
(2) The number
of hours of supervised practical training received by the applicant in each of
the following 12 core functions:
a. Screening;
b. Intake;
c. Orientation;
d. Assessment;
e. Treatment
planning;
f. Counseling;
g. Case
management;
h. Crisis
intervention;
i. Client
education;
j. Referral;
k. Reporting
and record keeping; and
l.
Consultation;
(3) The total
hours of supervised practical training in alcohol and drug use counseling;
(4) A
certification that the total number of hours of supervised practical training
included a minimum of 10 hours of supervised practical training in each of the
12 core functions;
(5) The name(s)
and title(s) of the individual(s) providing the supervised practical training
or their replacements if the supervisors are no longer available;
(6) The
signature(s) of such individual(s) or, if such individual is no longer employed
at the same location, of an individual who can attest that the supervised
practical training was completed; and
(7) The date of
signing.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (see Revision Note for chapter heading for Alc 300)
Alc
313.06 Submission of Supervised Work
Experience Forms.
(a) The applicant for initial certification as a
CRSW shall submit the “Supervised Work Experience Report Form” described in Alc
304.04(h) completed for each individual who has supervised the applicant at any
agency, program, or other entity providing some or all of the applicant's
supervised work experience as described in Alc 303.02 with the initial
application “Initial Certification Application As a Recovery Support Worker”.
(b) The applicant for initial licensure as a
MLADC or LADC shall submit the ”Supervised Work Experience Report Form”
completed for each individual who has clinically supervised the applicant at
any agency, program, or other entity providing some or all of the applicant's
clinically supervised direct counseling experience in treating substance use and integrated co-occurring disorders for MLADC as
described in Alc 310.05 or for LADC as described in 307.05 with the
“Application for Initial Licensure as an Alcohol and Drug Counselor or Master
Alcohol and Drug Counselor”.
(c) Enough “Supervised Work Experience Report
Form” shall be submitted to the board to cover all of the applicant's
experience required by Alc 306.05, Alc 310.05, or Alc 302.02, as applicable.
(d) Each “Supervised Work Experience Report Form”
required by (a) and (b) above shall be:
(1) Completed
by:
a. As
applicable, a board approved supervisor who supervised some or all of the CRSW
experience, LADC applicant's work experience, or a board approved supervisor
who clinically supervised some or all of the MLADC applicant's experience in
direct counseling treating substance use and integrated co-occurring disorders;
or
b. An
individual responsible for the work of the applicant's original supervisor, if
the original supervisor is no longer with the entity providing the applicant's
experience;
(2) Completed
with the following:
a. The
information required by (e)(1) through (e)(8) below; and
b. The opinion
required by (e)(9) below;
(3) Signed and
dated by the individual completing the “Supervised Work Experience Report
Form”; and
(4) Submitted
directly to the board by the individual completing the “Supervised Work
Experience Report Form”.
(e) The “Supervised Work Experience Report Form”
shall contain:
(1) At the head
of the form, the name of the applicant;
(2) The name of the agency, program, or other entity
providing the supervised work experience;
(3) The address
and telephone number of such agency, program, or other entity;
(4) The name
and title of the supervisor completing and signing the form or the name and
title of the replacement in accordance with (d)(1)b. above;
(5) Using the
“yes” and “no” spaces provided, an indication of whether the supervisor
completing the form personally supervised and documented the applicant’s work
experience;
(6) The
state(s) in which the supervisor was authorized to practice substance use
counseling, integrated co-occurring mental health counseling, or recovery
support work at the time they supervised the applicant;
(7) The
number(s) of the supervisor's license(s) or other authorization(s) to practice
substance use counseling or recovery support work at the time they supervised
the applicant;
(8) The
approximate total number of hours the supervisor supervised the applicant; and
(9) That
supervisor's opinion of the applicant's competence in the performance of each
of the 12 core functions or 4 domains, reported by checking off one of the
following rating choices pre-printed on the form:
a. Acceptable;
b. Not
acceptable; or
c. No
opportunity for supervision.
(f) The “Supervised Work Experience Report Form”
shall also contain the supervisor's dated signature below the following
statement preprinted on the form:
"I certify that I am aware that the statutory
definition of ‘supervision’ is ‘an ongoing regularly occurring process of
examination, critique, and improvement of a counselor’s skills, directed by the
counselor’s designated clinical supervisor, and is typically one to one or
small group in structure, and utilizes the methods of intensive case review and
discussion, and direct and indirect observation of clinical practice and the
administrative rule definition of CRSW supervision. I certify that I, or a
supervisor responsible to me, observed and supervised the work of the
individual named at the head of this form, and further certify that the
information I have provided on this form is true to the best of my knowledge
and belief.”
(g) The meaning of the signature beneath the
statement in (f) above shall be the signer's:
(1)
Certification that the applicant's supervisor observed and supervised
the work of the individual named at the head of the form;
(2) Certification that the signer is aware of the
quoted statutory definition of "clinical supervision" and the
administrative rule definition of “CRSW supervision”;
(3)
Certification that the information provided is true to the best of the
signer's knowledge and belief; and
(4)
Acknowledgement that, pursuant to RSA 641:3, the knowing making of a
false statement on the form is punishable as a misdemeanor.
(h) The “Supervised Work Experience Report Form”
shall be completed by the supervisor and be submitted directly to the board.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23) (formerly Alc 313.07) (see Revision Note for chapter heading for Alc
300)
Alc
313.07 Supervised Work Experience Report Forms.
(a) A component of the application for initial
licensure as a licensed alcohol and drug counselor shall be a supervised work
experience report form completed for each individual who has supervised the
applicant at any agency, program, or other entity providing some or all of the
applicant's supervised work experience as described in Alc 306.05.
(b) A component of the application for initial
licensure as a master licensed alcohol and drug counselor shall be a supervised
work experience report form completed for each individual who has clinically
supervised the applicant at any agency, program, or other entity providing some
or all of the applicant's clinically supervised direct counseling experience in
treating substance use disorders as described in Alc 310.05.
(c) Enough supervised work experience report
forms shall be submitted to the board to cover all of the applicant's
experience required by Alc 306.05 or Alc 310.05, as applicable.
(d) Each supervised work experience report form
required by (a) and (b) above shall be:
(1) Completed
by:
a. As
applicable, a supervisor who supervised some or all of the LADC applicant's
work experience or a supervisor who clinically supervised some or all of the
MLADC applicant's experience in direct counseling treating substance use
disorders; or
b. An
individual responsible for the work of the applicant's original supervisor, if
the original supervisor is no longer with the entity providing the applicant's
experience; and
(2) Completed
with the following:
a. The
information required by (e)(1) through (e)(8) below; and
b. The opinion
required by (e)(9) below;
(3) Signed and
dated by the individual completing the report form; and
(4) Submitted
directly to the board by the individual completing the report form.
(e) The supervised work experience report form
shall contain:
(1) At the head
of the form, the name of the applicant;
(2) The name of the agency, program, or other entity
providing the clinically supervised experience;
(3) The address
and telephone number of such agency, program, or other entity;
(4) The name
and title of the supervisor completing and signing the form or the name and
title of the replacement in accordance with (d)(1)b. above;
(5) Using the
“yes” and “no” spaces provided, an indication of whether the supervisor
completing the form personally supervised and documented the applicant’s work
experience;
(6) The
state(s) in which the supervisor was authorized to practice substance use
counseling at the time he or she supervised the applicant;
(7) The
number(s) of the supervisor's license(s) or other authorization(s) to practice
substance use counseling at the time he or she supervised the applicant;
(8) The
approximate total number of hours the supervisor supervised the applicant; and
(9) That
supervisor's opinion of the applicant's competence in the performance of each
of the 12 core functions, reported by checking off one of the following rating
choices pre-printed on the form:
a. Acceptable;
b. Not
acceptable; or
c. No
opportunity for supervision.
(f) The supervisor report form shall also contain
the supervisor's dated signature below the following statement preprinted on
the form:
"I certify that I am aware that the statutory
definition of ‘clinical supervision’ is ‘an ongoing regularly occurring process
of examination, critique, and improvement of a counselor’s skills, directed by
the counselor’s designated clinical supervisor, and is typically one to one or
small group in structure, and utilizes the methods of intensive case review and
discussion, and direct and indirect observation of clinical practice. I certify
that I, or a supervisor responsible to me, observed and supervised the work of
the individual named at the head of this form, and further certify that the
information I have provided on this form is true to the best of my knowledge
and belief.”
(g) The meaning of the signature beneath the
statement in (f) above shall be the signer's:
(1)
Certification that the applicant's supervisor observed and supervised
the work of the individual named at the head of the form;
(2) Certification that the signer is aware of the
quoted statutory definition of "clinical supervision";
(3)
Certification that the information provided is true to the best of the
signer's knowledge and belief; and
(4)
Acknowledgement that, pursuant to RSA 641:3, the knowing making of a
false statement on the form is punishable as a misdemeanor.
Source. #12001, eff 10-13-16; renumbered by #13518
(formerly Alc 313.08) (see Revision Note at chapter heading for Alc 300)
Alc
313.08 Supervision Agreement.
(a) Prospective
applicants for initial CRSW certification, LADC, or MLADC shall submit a
supervision agreement once they are ready to start accruing supervised work
hours, even if they have not submitted the completed application form described
in Alc 304.02 for CRSW or Alc 313.02 for LADC or MLADC.
(b) The “Supervision Agreement” shall contain the
following information:
(1) On a page
to be completed by the applicant:
a. An
indication of whether the applicant is applying for initial licensure as a
CRSW, LADC, or MLADC;
b. The
applicant’s name;
c. The
applicant’s home address;
d. The
applicant’s email address;
e. The
applicant’s telephone number;
f. The name of
the applicant’s employer;
g. The
employer’s address;
h. The
employer’s telephone number; and
i. The
applicant’s position at the place of employment;
(2) On a page
to be completed by the applicant’s supervisor;
a. The
supervisor’s name;
b. The business
name;
c. The business
address;
d. The business
email address;
e. The business
telephone;
f. The
supervisor’s position;
g. The
supervisor’s credentials and license number(s);
h. Whether the
supervisor meets requirements to provide supervision as described in Alc 405.03
for LADC, Alc 406.02 for MLADC, or Alc 404.03 for CRSW; and
i. If the
supervisor is not an employee of the applicant’s work site, an attached
statement which addresses the following:
1. The
supervisor’s relationship to the candidate’s work site;
2. A statement
acknowledging the supervisor will provide supervision at a location
convenient to both the supervisor and supervisee;
3. A copy of a
written agreement with the applicant’s employer that allows the supervisor to
review records and files at the applicant’s work site;
4. A statement
that the supervisor has knowledge of the applicant’s work site policies; and
5. A statement
describing how any disagreements between the supervisor and the agency
supervisor will be resolved;
(3) The
applicant’s dated signature below the following certification:
“As the candidate, I agree to provide my supervisor
with any and all pertinent information concerning all clients and their care in
order to make informed, ethical and efficacious decisions for client care. I will inform my supervisor if I engage in
any work activities outside of this agreement.
My supervisor must authorize all of my work activity. I will resolve all ethical dilemmas and practice
issues as directed by my supervisor to the best of my ability. This supervision
agreement does not remove any legal or civil responsibilities that I have for
my actions related to this role”; and
(4) The
supervisor’s dated signature below the following certification:
“As the supervisor, I agree to provide the candidate
with appropriate and efficacious training, guidance and direction to assure a
valuable training experience to meet the requirements for licensure as a LADC,
MLADC, or certified as CRSW. I
specifically acknowledge that I will assume professional and legal
responsibility for the candidate and that I will review and have access to the
candidate’s clinical records. If I cease
to supervise the candidate, if my license becomes invalid, restricted, or
sanctioned, or if I wish to terminate my legal and professional responsibility
for the candidate’s acts or omissions, it is my responsibility to so notify the
Board and the candidate in writing, and that until I do, I remain responsible.”
(c) If
the proposed supervisor does not meet the criteria of Alc 404.02(a) for CRSW,
Alc 405.03(a)-(c) for LADC, or Alc 406.02 for MLADC, the applicant shall not
begin accruing supervised practical training hours until the board has verified
that the proposed supervisor is qualified to supervise LADC or MLADC and has
notified the applicant of approval of the supervision agreement.
Source. #12001, eff 10-13-16; renumbered by #13518
(formerly Alc 313.09) (see Revision Note at chapter heading for Alc 300)
Alc 313.09 Applicant
Evaluation Form.
(a) Prospective
applicants for initial licensure as a licensed alcohol and drug counselor or
master licensed alcohol and drug counselor shall submit a supervision agreement
once they are ready to start accruing supervised work hours, even if they have
not submitted the completed application form described in Alc 313.02.
(b) The supervision
agreement shall contain the following information:
(1) On a page to be completed by the applicant:
a. An indication of whether the applicant is
applying for initial licensure as a licensed alcohol and drug counselor or
master licensed alcohol and drug counselor;
b. The applicant’s name;
c. The applicant’s home address;
d. The applicant’s email address;
e. The applicant’s telephone number;
f. The name of the applicant’s employer;
g. The employer’s address;
h. The employer’s telephone number; and
i. The applicant’s position at the place of
employment;
(2) On a page to be completed by the applicant’s
supervisor;
a. The supervisor’s name;
b. The business name;
c. The business address;
d. The business email address;
e. The business telephone;
f. The supervisor’s position;
g. The supervisor’s credentials and license
number(s); and
h. If the supervisor is not an employee of the
applicant’s clinical site, an attached statement which addresses the following:
1. The supervisor’s relationship to the
candidate’s work site;
2. A statement acknowledging the supervisor will
provide supervision at the applicant’s work site;
3. A copy of a written agreement with the
applicant’s employer that allows the supervisor to review records and files at
the applicant’s work site;
4. A statement that the supervisor has knowledge
of the applicant’s work site policies; and
5. A statement describing how any disagreements
between the supervisor and the agency
supervisor will be resolved;
(3) The applicant’s dated signature below the
following certification:
“As the candidate, I agree
to provide my supervisor with any and all pertinent information concerning all
clients and their care in order to make informed, ethical and efficacious
decisions for client care. I will inform my supervisor if I engage in any clinical
activities outside of this agreement. My supervisor must authorize all of my
clinical activity. I will resolve all ethical dilemmas and practice issues as
directed by my supervisor to the best of my ability. This supervision agreement
does not remove any legal or civil responsibilities that I have for my actions
related to this role”; and
(4) The supervisor’s dated signature below the
following certification:
“As the supervisor, I agree
to provide the candidate with appropriate and efficacious training, guidance
and direction to assure a valuable training experience to meet the requirements
for licensure as a LADC or MLADC. I specifically acknowledge that I will assume
professional and legal responsibility for the candidate and that I will review
and have access to the candidate’s clinical records. If I cease to supervise
the candidate, if my license becomes invalid, restricted, or sanctioned, or if
I wish to terminate my legal and professional responsibility for the
candidate’s acts or omissions, it is my responsibility to so notify the Board
and the candidate in writing, and that until I do, I remain responsible.”
Alc
313.10 Education and Training Summary
Form. For the purpose of documenting
education requirements described in Alc 307.03 for LADC and Alc 310.03 for
MLADC, applicants shall submit an “Education and Training Summary Form” which
contains the following information:
(a) For the required minimum 6 hours of training
in ethics, suicide prevention, confidentiality, the 12 core functions, and HIV
and AIDS, the following information:
(1) The date(s)
the applicant attended the training(s);
(2) The agency
or agencies which sponsored the training(s);
(3) The
categories of competence, outlined in Alc 313.10(j), covered by the training;
and
(4) The total
number of hours of training accumulated in each related training; and
(b) For each training undertaken to satisfy the
remaining 270 hours of required
education:
(1) The title
of the course or training;
(2) The dates
of attendance;
(3) The
sponsoring agency;
(4) The
categories of competence, outlined in Alc 313.10(j), covered by the training;
and
(5) The total
number of training contact hours;
(c) For each training described in Alc 313.11(b),
a copy of the certificate of attendance, to which the applicant shall:
(1) Assign an
item number that corresponds to the respective title of course on the
“Education and Training Summary Form”; and
(2) Attach to
the ”Education and Training Summary Form” in numerical order; and
(d) For each training described in Alc 313.11(c)
that has not been pre-approved by the board, a description or outline of the
training to accompany the certificate described in part (d) of this section,
including a syllabus or brochure for the program and a description of the
category or categories of competence covered by the training.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (formerly Alc 313.10) (see Revision Note for chapter heading for Alc
300)
Alc
313.11 The Board’s Processing of
Applications for Initial Licensure as a Licensed Alcohol and Drug Counselor or
a Master Licensed Alcohol and Drug Counselor.
(a) Pursuant to RSA 330-C:20, III, the board's
office shall submit to the division of state police the materials and payment
required to obtain an applicant's state and federal criminal conviction
reports.
(b) An application for initial licensure as a
LADC or a MLADC shall be considered to be complete when:
(1) The board’s
office has received:
a. A completed,
signed, and dated “Application for Initial Licensure as an Alcohol and Drug
Counselor or Master Alcohol and Drug Counselor” form;
b. The
applicant’s examination scores sent directly to the board from the IC & RC;
c. The required
additional materials;
d. The
applicant's state and federal criminal conviction reports transmitted to the
board by the division of state police; and
e. Any
additional information or documents which the board has requested pursuant to
(c) below; and
(2) The
treasurer has transacted the applicant's check or money order in payment of the
total of the license fee.
(c) If the board, after receiving and reviewing
the application materials submitted by the applicant and the applicant's state
and federal criminal history record reports, requires further information or
documents to determine the applicant's qualification for initial licensure, the
board shall:
(1) So notify
the applicant in writing within 30 days;
and
(2) Specify the
information or documents it requires.
(d) The application shall be denied if the
applicant has not submitted all documents as required by Alc 313.12(b) within 120 days of the date the application
is received by the board’s office.
(e) The board shall issue the license or a
written denial of the application within 60 days of the date that the application is complete.
(f)
An applicant wishing to challenge the board's denial of an application
for initial licensure shall:
(1) Make a
written request for a hearing in accordance with Alc 200; and
(2) Submit this
request to the board:
a. Within 60
days of the board's notification of denial; or
b. If the
applicant is on active military duty outside the United States, within 60 days
of the applicant's return to the United States or release from duty, whichever
occurs later.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (formerly Alc 313.13) (see Revision Note for chapter heading for
Alc300)
PART Alc 314 INITIAL LICENSURE AS A LICENSED CLINICAL
SUPERVISOR
Alc
314.01 Eligibility Requirements. An individual shall be eligible for licensure
as a clinical supervisor if the individual:
(a) Holds a current license in good standing,
showing no disciplinary actions taken against the applicant as a MLADC or LADC in the State of New
Hampshire;
(b) Has met the experience requirements set forth
in Alc 314.02;
(c) Has met the supervision requirements as set
forth in Alc 314.03;
(d) Has met the training requirements as set
forth in Alc 314.04;
(e) Has passed the examination specified by Alc
315 and otherwise complied with the examination procedures of Alc 315; and
(f) Has complied with the application procedures
set forth in Alc 316.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
Alc
314.02 Experience Eligibility
Requirements. Applicants for initial
licensure as a licensed clinical supervisor shall:
(a) Have at least 10,000 hours of experience as a
licensed alcohol and drug counselor or master licensed alcohol and drug
counselor; and
(b) Have at least 4,000 hours of experience as a
clinical supervisor, supervising professionals providing alcohol, substance
use, and co-occurring disorders counseling, provided that these hours may be
accumulated by the applicant as part of the experience requirements in Alc
314.02(a) and provided that these hours
were supervised by an individual licensed by the board to provide clinical
supervision as described in Alc 405.03 for LADC or Alc 406.02 for MLADC.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
Alc
314.03 Supervision Requirements.
(a) Applicants for initial licensure as a
clinical supervisor shall have provided 200 hours of clinical supervision that
occurred after New Hampshire licensure as a MLADC or LADC.
(b) The clinically supervised direct and indirect
supervision experience shall:
(1) Be paid or
volunteer in nature;
(2) Be
performed in one or more of the private or public settings listed in (d) below;
and
(3) Consist in
clinical supervision services to counselors in compliance with RSA 330-C:2, VI
under the clinical supervision described in (c) below.
(c) Such experience shall be clinically
supervised as follows:
(1) Directly
and indirectly by an individual licensed by the board or authorized by the
regulatory board of another state to practice substance use and integrated
co-occurring disorders counseling;
(2) On a
schedule of at least 2 hours of clinical supervision during each month that the
person being supervised provides services to counselors; and
(3) By a method
which:
a. Complies
with the definition in Alc 301.01(d); and
b. Includes the supervisor's keeping records and
making notes which are sufficiently detailed to permit accurate later
assessment of the work of the individual being supervised and accurate
completion of the “Supervised Work Experience Report Form” described in Alc
313.06.
(d) The settings for the clinically supervised
direct and indirect supervision experience in treating substance use and
integrated co-occurring disorders shall be one or more of the following:
(1) A
detoxification program;
(2) A substance
use counseling program;
(3) A substance
use treatment program; or
(4) In the
substance use aspect of a healthcare, social services, or other direct services
program.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
Alc
314.04 Training Requirements.
(a) Applicants for initial licensure as a
clinical supervisor shall have completed 30 hours of training in clinical
supervision, which includes training in each of the following areas:
(1) Assessment;
(2) Evaluation;
(3) Counselor
development;
(4) Management;
(5)
Administration;
(6)
Professional responsibility; and
(7) Theories and models of supervision.
(b) Such training shall be received:
(1) As part of
the academic program;
(2) In a
program provided, sponsored, or approved by:
a. The board or
the licensing body of any other state within the IC&RC;
b. National Association for Alcoholism and Drug Abuse
Counselors – The Association for
Addiction Professionals (NAADAC);
c. New
Hampshire Training Institute on Addictive Disorders;
d. New
Hampshire Center for Excellence on Addiction;
e. AdCare
Educational Institute of New England;
f. NHTI –
Concord’s Community College;
g. New
Hampshire Alcohol and Drug Abuse Counselors Association;
h. The NH
department of health and human services bureau of drug and alcohol services; or
i. Any public
or private agency or institution, recognized by the Council for Higher
Education Accreditation, providing training in the practice of substance use
counseling.
(c) No more than 25% of required training shall
be obtained online, provided that training received as part of an online degree
program or an on-line training shall be
live and simultaneously or at the same time interactive shall not count
towards the 25% maximum.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
PART Alc 315
EXAMINATION FOR LCS INITIAL LICENSURE
Alc
315.01 Examination and Examination
Procedures.
(a) The examination to be passed for initial
licensure as a licensed clinical supervisor shall be the IC&RC clinical
supervisor (CS) written examination.
(b) Applicants intending to take the IC&RC
certified clinical supervisor exam shall apply to and take the exam with the IC&RC.
(c) Applicants for
licensure shall request the IC&RC submit proof they have received a passing
score on the IC&RC examination directly to the board.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
PART Alc 316
APPLICATION PROCEDURES FOR INITIAL LICENSURE AS A LICENSED CLINICAL
SUPERVISOR
Alc
316.01 Procedures for Applying for
Initial Licensure as a Licensed Clinical Supervisor. An applicant for initial licensure as a
licensed clinical supervisor shall submit to the board’s office or otherwise
arrange for the board’s office to receive:
(a) A completed “Initial Licensed Clinical
Supervisor Application Form” provided by the board and further described in Alc
316.02;
(b) The additional materials described in Alc
316.04;
(c) Payment of the of the applicable license fee
described in Alc 317; and
(d) A criminal history records check form and
fingerprint card or live scan document, seeking both a New Hampshire and a
federal records check, in accordance with the procedure specified by the NH
department of safety at Saf-C 5700, Operation of the Central Repository: Criminal Records, with the required fee. The fee for the criminal history records
check shall be submitted using a separate payment.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
Alc
316.02 Initial Licensed Clinical
Supervisor Application Form.
The applicant shall furnish the following information on the “Initial
Licensed Clinical Supervisor Application Form” provided by the board:
(a) The applicant’s full legal name;
(b) The applicant’s work address;
(c) The applicant’s work telephone number;
(d) The applicant’s current license type and
license number;
(e) The month and year the applicant was
originally granted a MLADC or LADC
license; and
(f) The applicant’s physical home address;
(g) The applicant’s home telephone number or personal cell phone number;
(h) The applicant’s home e-mail address; and
(i) The applicant’s dated signature below the
following statement preprinted on the “Initial Licensed Clinical Supervisor
Application Form”:
“I certify that at least 2 years (4,000 hours) of my
work experience has been clinical supervisory experience in the substance use and integrated co-occurring
disorders field and includes a minimum of 200 contact hours of
face-to-face clinical supervision that I have provided to others I
supervise. I acknowledge that, pursuant
to RSA 641:3, the knowing making of a false statement on this application form
is punishable as a misdemeanor. I have
read Alc 500 and if I am licensed as a clinical supervisor, I promise to abide
by them”
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
Alc
316.03 Meaning of the Applicant’s
Signature. The applicant’s signature
on the application form shall mean that:
(a) The applicant confirms that the information
provided on the application form and submitted by the applicant to support his
or her application is true, accurate and complete to the best of his or her
knowledge and belief; and
(b) The applicant acknowledges that the knowing
making of a false statement on the application form is punishable as a
misdemeanor under RSA 641:3.
Source. #12001, eff 10-13-16
Alc
316.04 Additional Materials to be
Submitted. The additional materials
to be submitted by an applicant for initial licensure as a licensed clinical
supervisor shall be:
(a) The completed, signed, and notarized form
required by the New Hampshire division of state police for the issuance and
transmission to the board of the applicant's state and federal criminal
conviction reports;
(b) A criminal history
records check form and fingerprint card or live scan document, requesting both
a New Hampshire and a federal records check, in accordance with the procedure
specified by the NH department of safety at Saf-C 5700, Operation of the Central
Repository: Criminal Records, with the
required fee. The fee for the criminal
history records check shall be submitted using a separate payment;
(c) Unless the information is available only on a
secure website, an official letter of verification sent directly to the board
from every jurisdiction which has issued a license, certificate, or other
authorization to practice clinical supervision stating:
(1) Whether the
license certificate or other authorization is or was, during its period of
validity, in good standing; and
(2) Whether any
disciplinary action was taken against the licensee, certificate, or other
authorization to practice;
(d) For the purpose of documenting receipt of the
required hours of experience in substance
use and co-occurring disorder clinical supervision, as many completed
board-provided “Work Experience Report Form” further described in Alc 316.05 as
are necessary to document all of the applicant's hours of experience;
(e) Applicants for licensure shall request the
IC&RC submit proof they have received a passing score on the IC&RC
examination directly to the board;
(f) For the purpose of documenting receipt of the
required hours of training in clinical supervision, as many completed “Clinical
Supervisor Training Form” described in Alc 316.06 as are necessary to document
all of the applicant’s hours of training in clinical supervision; and
(g) Original or photocopied certificates
indicating the applicant has completed any training listed in Alc
314.04(a)-(c).
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
Alc
316.05 Report Form Documenting Hours
of Experience as an Alcohol and Drug Counselor. The report form documenting hours of
experience as a licensed alcohol and drug counselor or master licensed alcohol
and drug counselor shall require:
(a) The applicant’s full name;
(b) The date the form was completed;
(c) The information detailed in (d) below to be
reported separately for each site of the applicant’s paid work experience for
the previous 10 years, listed in sequential order;
(d) The provision of the following information:
(1) The
applicant’s job title;
(2) The dates
of employment;
(3) The duties
performed by the applicant;
(4) The
percentage of the applicant’s time spent in alcohol or drug abuse counseling;
(5) Whether the
job was full time, part time or, if neither, an explanation of the structure of
employment;
(6) The hours
worked per week;
(7) The
employer’s name;
(8) The
employer’s address;
(9) The
employer’s telephone;
(10) The
applicant’s supervisor’s name; and
(11) The total
number of hours of experience earned at this job site.
Source. #12001, eff 10-13-16
Alc
316.06 Clinical Supervision Training
Form. The report form documenting
hours of training in clinical supervision shall require:
(a) The date of the training;
(b) The title of the training;
(c) A description of the training course and
goals;
(d) The sponsor and presenter of the training;
(e) The number of contact hours included in the
training;
(f) From the list outlined in Alc 316.04(a), the
topic area addressed by the training; and
(g) Attached as extra sheets, copies of
certificates and other supporting documentation verifying that such training
has been completed.
Source. #12001, eff 10-13-16
Alc
316.07 The Board’s Processing of
Applications for Initial Licensure as a Licensed Clinical Supervisor.
(a) Pursuant to RSA 330-C:20, III, the board’s
office shall submit to the division of state police the materials and payment
required to obtain an applicant’s state and federal criminal conviction
reports.
(b) An application for initial licensure as a
licensed clinical supervisor shall be considered complete when:
(1) The board’s
office has received:
a. A completed,
signed, and dated “Initial Licensed Clinical Supervisor Application Form;
b. The required
additional materials;
c. The
applicant’s state and federal criminal conviction reports transmitted to the
board by the division of state police; and
d. Any
additional information or documents which the board has requested pursuant to
(c) below; and
(2) The
treasurer has transacted the applicant’s check or money order in payment of the
total of the license fee.
(c) If the board, after receiving and reviewing
the application materials submitted by the applicant and the applicant's state
and federal criminal history record reports, requires further information or
documents to determine the applicant's qualification for initial licensure, the
board shall:
(1) So notify
the applicant in writing within 30 days;
and
(2) Specify the
information or documents it requires.
(d) The application shall be denied if the
application and supporting documents have not been complete by the applicant
within 120 days of the receipt by the board's office of the completed “Initial
Licensed Clinical Supervisor Application Form.
(e) The board shall issue the license or a
written denial of the application within 60 days of the date that the application is complete.
(f) An
applicant wishing to challenge the board's denial of an application for initial
licensure shall:
(1) Make a
written request for a hearing in accordance with Alc 200; and
(2) Submit this
request to the board:
a. Within 60 days
of the board's notification of denial; or
b. If the
applicant is on active military duty outside the United States, within 60 days
of the applicant's return to the United States or release from duty, whichever
occurs later.
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
PART Alc 317
FEES
Alc
317.01 Fee Schedule. The board’s fees shall be the fees on the
schedule set forth in Table 300-1.
Table 300-1
Fees Charged by the Board of Licensing for Alcohol and Other Drug Use
Professionals
Fee |
|
|
|
Examination
administrative charge |
115.00 |
LADC initial
license |
110.00 |
MLADC
initial license |
240.00 |
LCS initial
license |
110.00 |
CRSW initial
certification |
110.00 |
LADC renewed
license |
110.00 |
MLADC
renewed license |
240.00 |
LCS renewed
license |
110.00 |
CRSW renewed
certification |
110.00 |
Reinstatement
of certification |
100.00 |
Reinstatement
of license |
100.00 |
Transcribing
and copying records |
.10 per page |
Sale of list
of licensees and certification holders (updated monthly) |
50.00 |
Verification
of license or certification status, or of educational credentials |
no charge |
Source. #12001, eff 10-13-16; ss by #13518, eff
3-13-23 (see Revision Note for chapter heading for Alc300)
CHAPTER Alc 400 ONGOING REQUIREMENTS
PART Alc 401 DEFINITIONS
Alc 401.01 Definitions.
(a)
“Board” means the board of licensing for alcohol and other drug use
professionals.
(b) “Certified recovery support worker
(CRSW)” means “certified recovery support worker” as defined in RSA 330-C:2,
namely, “an individual certified by the board to provide recovery support to
persons with substance use disorders.”
(c)
“Clinical supervision” means “clinical supervision” as defined in RSA
330-C:2, VI, namely, “an ongoing, regularly occurring process of examination,
critique, and improvement of a counselor's skills, directed by the counselor's
designated clinical supervisor, and is typically one-to-one or small group in
structure, and utilizes the methods of intensive case review and discussion,
and direct and indirect observation of clinical practice”.
(d)
“Inactive status” means a board-approved period of time during which a
licensee or certificate holder does not provide substance use counseling
services but wishes to preserve their license or certificate until such time as
they petition the board for a return to active status.
(e)
“Independent practice” means the practice of substance use counseling
that does not require supervision.
(f)
“Licensed alcohol and drug counselor (LADC)" means an individual
licensed by the board to practice substance use counseling within the scope of
practice set forth in RSA 330-C:11.
(g)
“Licensed clinical supervisor” means “licensed clinical supervisor” as
defined in RSA 330-C:2, XIV, namely, “an individual licensed by the board to
practice and supervise substance use counseling.”
(h)
“Master licensed alcohol and drug counselor (MLADC)” means an individual
licensed by the board to practice substance use counseling within the scope of
practice set forth in RSA 330-C:10.
(i)
“Peer collaboration” means ongoing regularly occurring clinical
consultation:
(1) With an individual or small group of
individuals who are MLADCs, LADCs, mental health professionals, nursing
professionals or other medical professionals with expertise in alcohol and drug
treatment; and
(2) About clinical issues in substance use
counseling or cases involving substance use.
(j)
“Qualified service organization” means “qualified service organization”
as defined by 42 CFR 2.11.
(k)
“Substance use” means the use of alcohol or other drugs, or both, to the
extent or frequency that it impairs or endangers the user's health, social or
economic function, or the health and welfare of others.
Source. #9199, EMERGENCY RULE, eff 7-1-08, EXPIRED:
12-28-08
New.
#9356, eff 1-9-09; ss by #10273, eff 2-20-13; ss by #12548, eff 7-1-18
PART Alc 402 CERTIFICATION AND LICENSURE RENEWALS
Alc 402.01 Certification and Licensure Expiration
Dates and Filing Deadlines for Renewals.
(a)
Initial certifications and licenses shall be valid for 2 full years and
shall automatically expire after the second full year of licensure or
registration.
(b)
All other certifications and licenses shall automatically expire on July
1st, 2 years following the last date the license or registration expired.
(c)
Certifications and licenses shall be renewed on or before June 30 in the
year in which the certification or license is to expire.
(d)
Notwithstanding (a) – (c) above, certification holders and licensees
shall have a grace period of 30 days after expiration in which to renew
retroactively if the certification holder or licensee:
(1) Is otherwise entitled to have his or her
certification or license renewed; and
(2) Pays the late fee described in Alc 415.01.
Source. #9199, EMERGENCY RULE, eff 7-1-08, EXPIRED:
12-28-08
New.
#9356, eff 1-9-09; ss by #10273, eff 2-20-13; ss by #12548, eff 7-1-18
PART Alc 403 REQUIREMENTS FOR RENEWAL
Alc 403.01 CRSWs.
CRSWs who wish to renew their certification shall:
(a)
Comply with the supervision requirements described in Alc 404;
(b)
Comply with the continuing education requirements described in Alc
409.01;
(c)
Complete and submit the renewal application described in Alc 411.01(a);
(d)
If selected for audit pursuant to Alc 410, submit documentation
demonstrating compliance with continuing education requirements; and
(e)
Pay the renewal fee described in Alc 415.01.
Source. #9199, EMERGENCY RULE, eff 7-1-08, EXPIRED:
12-28-08
New.
#9356, eff 1-9-09; ss by #10273, eff 2-20-13; ss by #12548, eff 7-1-18
Alc 403.02 LADCs.
LADCs who wish to renew their license shall:
(a)
Comply with the supervision requirements described in Alc 405 or, if
applicable, the peer collaboration requirements described in Alc 408;
(b)
Comply with the continuing education requirements described in Alc
409.02;
(c)
Complete and submit the renewal application described in Alc 411.01(b);
(d)
If selected for audit pursuant to Alc 410, submit documentation
demonstrating compliance with continuing education requirements; and
(e)
Pay the renewal fee described in Alc 415.01.
Source. #9199, EMERGENCY RULE, eff 7-1-08, EXPIRED:
12-28-08
New.
#9356, eff 1-9-09; ss by #10273, eff 2-20-13 (from Alc 403.03); ss by
#12548, eff 7-1-18
Alc 403.03 MLADCs.
MLADCs who wish to renew their license shall:
(a)
Comply with the supervision requirements described in Alc 406 or, if
applicable, the peer collaboration requirements described in Alc 408;
(b)
Comply with the continuing education requirements described in Alc
409.02;
(c)
Complete and submit the renewal application described in Alc 411.01(c);
(d)
If selected for audit pursuant to Alc 410, documentation demonstrating
compliance with continuing education requirements; and
(e)
Pay the renewal fee described in Alc 415.01.
Source. #12548, eff 7-1-18
Alc
403.04 Licensed Clinical Supervisors. Licensed clinical supervisors who wish to
renew their license shall:
(a)
Comply with the continuing education requirements described in Alc
409.03;
(b)
Complete and submit the renewal application described in Alc 411.01(d);
(c)
If selected for audit pursuant to Alc 410, submit documentation
demonstrating compliance with continuing education, supervision, and peer
collaboration requirements; and
(d)
Pay the renewal fee described in Alc 415.01.
Source. #12548, eff 7-1-18
Alc 403.05 Workforce Survey.
(a)
Pursuant to RSA 126-A:5, XVIII-a (a) and RSA 330-C:9-a, licensees shall
complete, as part of their renewal application, the New Hampshire division of
public health service’s Health Professions Survey, “New Hampshire Alcohol and
Drug Counselor Licensure Survey”, effective March 2018, issued by the state
office of rural health and primary care, department of health and human
services.
(b)
The board shall provide licensees with the opportunity to opt out of the
survey. Written notice of the opt-out
opportunity shall be provided with the renewal application. The opt out form
will be available on the NH state office of rural health and primary care
website and the board’s website.
(c)
Licensees choosing to opt-out of the survey shall complete, sign and
return the “New Hampshire Health Professions Survey Opt-Out Form”, effective
March 2018, to the state office of rural health and primary care, department of
health and human services, via one of the following:
(1) Mail;
(2) Email; or
(3) Fax.
(d)
Information contained in the opt-out forms shall be kept confidential in
the same accord with the survey form results, pursuant to RSA 126-A:5
XVIII-a(c).
Source. #12548, eff 7-1-18
PART Alc 404 SUPERVISION OF CRSWS
Alc 404.01 Required Supervision of CRSWs. A CRSW shall be supervised:
(a)
By one or more supervisors meeting one of the descriptions set forth in
Alc 404.02; and
(b)
For at least 2 hours per month in which the certificate holder is
practicing.
Source. #12548, eff 7-1-18
Alc 404.02 Eligibility to Provide Supervision to a
CRSW. Individuals eligible to
provide supervision to a CRSW shall be:
(a)
CRSWs who have been certified for one year and have taken 6 hours of
supervisory training and 6 hours of practical training which has been approved
by the board pursuant to Alc 409.02;
(b)
LADCs who have taken 6 hours of training in the 4 domains of recovery
which has been approved by the board pursuant to Alc 409.02;
(c)
MLADCs who have taken 6 hours of training in the 4 domains of recovery
which has been approved by the board pursuant to Alc 409.02;
(d)
Licensed clinical supervisors who have taken 6 hours of training in the
4 domains of recovery which has been approved by the board; or
(e)
Individuals meeting the requirements of Alc 405.03 or Alc 406.02 who
have at least 6 hours of training in the
4 recovery performance domains.
Source. #12548, eff 7-1-18
Alc 404.03 Supervision Types and Hours.
(a)
Supervision of CRSWs shall be:
(1) Individual one-on-one; or
(2) Group supervision in a setting of no more
than 8 CRSWs and the supervisor.
(b)
The minimum number of hours of supervision shall be at least one hour
per week while practicing.
Source. #12548, eff 7-1-18
Alc
404.04 Administrative Obligations of
Supervised CRSWs. CRSWs shall:
(a) Give a copy of Alc 404 to their supervisors;
(b) Maintain records of the dates and hours they
receive supervision and the name(s) of the supervisor(s); and
(c) On the basis of such records, prepare a
cumulative statement containing the following:
(1)
For each week identified by calendar date, the number of hours of
individual supervision received and the number of hours of group supervision
received;
(2) The credentials, printed
name(s), and signature(s) of the supervisor(s) providing the supervision; and
(3)
The printed name and signature of the CRSW preparing the statement and
the date of the signature.
Source. #12548, eff 7-1-18
Alc 404.05 Obligations of Supervisors.
(a)
Supervisors for CRSWs shall:
(1) Become familiar with Alc 404 before beginning
to provide supervision; and
(2) If temporarily unable to perform supervision,
ensure that a substitute supervisor who meets the eligibility standards of Alc
404.02 is available to continue supervision.
(b)
Supervisors licensed or certified by the board shall be subject to
disciplinary action if they fail to meet their responsibilities under RSA 330-C
and the board’s administrative rules.
Source. #12548, eff 7-1-18
PART Alc 405 CLINICAL SUPERVISION OF LADCs
Alc 405.01 Scope.
The clinical supervision requirements set forth in Alc 405 shall apply
to LADCs other than those LADCs who were in independent practice before July 1,
2008 and continue in independent practice.
Source. #12548, eff 7-1-18
Alc 405.02 Required Clinical Supervision. A LADC subject to clinical supervision
requirements shall be clinically supervised:
(a)
By one or more supervisors meeting one of the descriptions set forth in
Alc 405.03;
(b)
On at least one occasion during each week that the licensee is engaged
in practice; and
(c)
In the setting, and for the number of hours each week, specified by Alc
405.04.
Source. #12548, eff 7-1-18
Alc 405.03 Eligibility to Provide Clinical
Supervision. Individuals eligible to
provide clinical supervision to LADCs shall be:
(a)
MLADCs;
(b)
LADCs who have had at least 2 years of experience in the active practice
of substance use counseling;
(c)
Licensed clinical supervisors;
(d)
Psychiatric advanced practice registered nurses who have had at least 2
years of experience in the active practice of substance use counseling and who
have passed the International Certification and Reciprocity Consortium
(IC&RC) international written advanced alcohol and other drug abuse
counselor examination developed in 2008;
(e)
Licensees of the board of mental health practice or board of psychology
with 2 years of experience in substance use disorder counseling who:
(1) Have passed the current IC&RC
international written advanced alcohol and other drug counselor examination; or
(2) Hold professional certification in their
respective disciplines in substance use disorder; and
(f)
Individuals approved for supervision pursuant to Alc 407.
Source. #12548, eff 7-1-18
Alc 405.04 Supervision Types and Hours.
(a)
Clinical supervision of LADCs shall be:
(1) Individual one-on-one; or
(2) Group supervision in a setting of no more
than 8 licensees and the supervisor.
(b)
The minimum number of hours of clinical supervision per week shall be at
least one hour per week, for at least 48 weeks of the calendar year while
engaged in practice.
Source. #12548, eff 7-1-18
Alc 405.05 Administrative Obligations of Supervised
LADCs. LADCs shall:
(a)
Give a copy of Alc 405 to their clinical supervisors;
(b)
Maintain records of the dates and hours they receive clinical
supervision and the name(s) of the supervisor(s); and
(c)
On the basis of such records, prepare a cumulative statement containing
the following:
(1) For each week identified by calendar date,
the number of hours of individual supervision received and the number of hours
of group supervision received;
(2) The credentials, printed name(s), and
signature(s) of the supervisor(s) providing the clinical supervision; and
(3) The printed name and signature of the
counselor preparing the statement and the date of the signature.
Source. #12548, eff 7-1-18
Alc 405.06 Obligations of Supervisors.
(a)
Clinical supervisors for LADCs shall:
(1) Become familiar with Alc 405 before beginning
to provide clinical supervision; and
(2) If temporarily unable to perform supervision,
ensure that a substitute supervisor who meets the eligibility standards of Alc
405.02 is available to continue supervision.
(b)
Clinical supervisors licensed by the board shall be subject to
disciplinary action if they fail to meet their responsibilities under RSA 330-C
and the board’s administrative rules.
Source. #12548, eff 7-1-18
PART Alc 406 CLINICAL SUPERVISION OF MLADCs
Alc 406.01 Clinical Supervision of MLADCs. A MLADC who chooses to engage in clinical
supervision requirements shall be clinically supervised:
(a)
By one or more supervisors meeting the description set forth in Alc
406.02; and
(b)
In the setting, and for the number of hours each week, specified in Alc
406.03.
Source. #12548, eff 7-1-18
Alc 406.02 Eligibility to Provide Clinical
Supervision to an MLADC. Individuals
eligible to provide clinical supervision to a MLADC shall be MLADCs who have
had at least 2 years of experience in the active practice of substance use and
co-occurring disorders counseling.
Source. #12548, eff 7-1-18
Alc 406.03 Supervision Type and Hours. Master licensed alcohol and drug counselors
who choose to engage in clinical supervision shall obtain a total of at least
26 hours per 12-month period of:
(a)
Clinical supervision per year in an individual or small group setting;
or
(b)
Peer collaboration pursuant to Alc 408.
Source. #12548, eff 7-1-18
Alc 406.04 Administrative Obligations of Supervised
MLADCs. MLADCs shall:
(a)
Provide a copy of Alc 406.04 and Alc 406.05 to their clinical
supervisors;
(b)
Maintain records of the dates and hours they receive clinical
supervision and the name(s) of the supervisor(s); and
(c)
On the basis of such records, prepare a cumulative statement containing
the following:
(1) For each week identified by calendar date,
the number of hours of individual supervision received and the number of hours
of group supervision received;
(2) The credentials, printed name(s), and
signature(s) of the supervisor(s) providing the clinical supervision; and
(3) The signature of the counselor preparing the
statement and the date of the signature.
Source. #12548, eff 7-1-18
Alc 406.05 Obligations of Supervisors. Clinical supervisors of MLADCs shall:
(a)
Become familiar with Alc 406 before beginning to provide clinical
supervision;
(b)
If temporarily unable to perform supervision, ensure that a substitute
supervisor who meets the eligibility standards of Alc 405.02 is available to
continue supervision; and
(c)
Review for accuracy the statements called for by Alc 406.04 and sign
them if they are accurate.
Source. #12548, eff 7-1-18
PART Alc 407 APPROVAL OF SUPERVISORS
Alc 407.01 Scope.
This part shall apply to individuals seeking to provide supervision
pursuant to Alc 405 who are not otherwise licensed by the board.
Source. #12548, eff 7-1-18
Alc 407.02 Approval Required.
(a)
Individuals seeking to provide supervision pursuant to Alc 405 shall
submit the “Approved Supervisor Application” form, effective February 2017, to
the board prior to providing such supervision.
(b)
The board shall approve any supervisor application that demonstrates the
applicant meets the eligibility requirements found in Alc 405.03 (d) and (e).
(c)
An approved supervisor seeking to retain his or her approval status
shall submit to the board a copy of his or her valid, active professional
license each time such license is renewed with any other agency through which
the supervisor is licensed.
(d)
The board shall maintain an updated list of supervisors who are
currently approved to provide supervision to individuals certified or licensed
by the board.
Source. #12548, eff 7-1-18
PART Alc 408 PEER COLLABORATION
Alc 408.01 Scope.
The peer collaboration requirements set forth in this part shall apply
to:
(a)
Licensed LADCs in independent practice before July 1, 2008 and
continuing in independent practice; and
(b)
MLADCs.
Source. #12548, eff 7-1-18 (formerly Alc 402.01)
Alc 408.02 Peer Collaboration.
(a)
Licensees shall complete 26 hours of peer collaboration each 12-month
period that begins on the date of the issuance of the license or renewal
license.
(b)
Peer collaboration shall:
(1) Conform to the definition in Alc 401.01(e),
(2) Be in person or by teleconference; and
(3) Take place:
a. In a small-group setting of 8 or fewer
individuals; or
b. Between 2 or more individuals related as
peers.
(c)
Unless the peers are within the same organization or agency, licensees
shall exclude personally identifiable information about clients in all peer
collaboration discussions and consultations except when the clients have given
written and signed authorizations for the inclusion of such information.
Source. #12548, eff 7-1-18 (formerly Alc 403.01)
Alc 408.03 Documentation of Peer Collaboration.
(a)
Licensees shall document each instance of peer collaboration with a
photocopy of a written statement:
(1) Including:
a. The date of the peer collaboration;
b. The printed names and license held by each
participant; and
c. The duration of the peer collaboration stated
in hours and minutes; and
(2) Signed by the other participant(s) in the
peer collaboration.
(b)
Licensees shall retain such documents until they are required to submit
them to the board:
(1) As part of their applications for renewal of
licensure; or
(2) At any other time on the request of the
board.
Source. #12548, eff 7-1-18 (formerly Alc 403.02)
PART Alc 409 CONTINUING EDUCATION
Alc 409.01 Requirements for CRSWs.
(a)
As a condition of renewal, CRSWs shall complete 12 hours of continuing
education during each 2 year certification period.
(b)
At least 6 of the required 12 hours shall be pre-approved by the board.
(c)
No more than 3 hours shall be received in online continuing education courses.
(d)
At least 6 of the required hours shall cover ethics, and at least 3 of
the required hours shall cover suicide prevention.
Source. #12548, eff 7-1-18
Alc 409.02 Requirements for MLADCs.
(a)
As a condition of renewal, LADCs and MLADCs shall have completed 48
hours of continuing education in substance use disorder training during the
immediately preceding 24 month period.
(b)
At least 24 of the required 48 hours shall be pre-approved by the board.
(c)
No more than 12 of the 48 hours shall be received in online continuing
education courses, provided that courses taken as part of an online degree
program shall not be counted towards this 12- hour maximum.
(d)
At least 12 hours shall be specific to the following categories of
competence:
(1) Data collection;
(2) Diagnosis of substance use disorder;
(3) Knowledge of alcohol and drugs;
(4) Knowledge of sociological factors;
(5) Knowledge of physiological factors;
(6) Knowledge of psychiatric factors; and
(7) Knowledge of treatment issues.
(e)
Licensees shall obtain at least 6 hours in ethics and 6 hours in suicide
prevention.
(f)
Licensees shall be permitted to substitute up to 10 hours of continuing
education for an equivalent amount of time as a presenter of continuing
education courses.
Source. #12548, eff 7-1-18
Alc 409.03 Requirements for Licensed Clinical
Supervisors. As a condition of
renewal, licensed clinical supervisors shall complete at least 6 hours of
training in clinical supervision during each 2 year license period, provided
that licensees shall be permitted to incorporate these 6 hours into the hours
needed for licensure renewal under Alc 409.02.
Source. #12548, eff 7-1-18
Alc 409.04 Pre-Approval of Continuing Education
Courses.
(a)
Organizations or providers of continuing education in substance use
counseling that seek pre-approval of continuing education courses shall submit
a completed “Continuing Education Pre-Approval” form, effective March 2018 and
available on the board’s website, to the board at least 6 weeks prior to the
anticipated date on which the continuing education program will be offered.
Included with the completed form shall be a blank copy of the evaluation form
used to rate instructors/presenters.
(b)
Completed applications shall be reviewed by the peer review committee
and recommended for pre-approval, before being passed to the board.
(c)
Continuing education offered by the following organizations shall be
automatically approved by the board if such courses relate to one of the 18
categories of competence as outlined in Alc 313.10(j):
(1) An IC&RC member board;
(2) NAADAC;
(3) New Hampshire Training Institute on Addictive
Disorders;
(4) New Hampshire Center for Excellence;
(5) AdCare Educational Institute of New England;
(6) NHADACA;
(7) Any educational unit of the New Hampshire
community college system;
(8) The department of health and human services
bureau of drug and alcohol services; or
(9) The Addiction Technology Transfer Center.
(d)
A course, seminar, or other event conducted or sponsored by any other
college, university, or school permitted to grant degrees in the disciplines of
life science, biological science, sociology, psychology, or public health shall
be considered to be approved for purposes of these rules if the content of the
event is in any of the performance domains of assessment, counseling, case
management, education, or professional responsibility.
(e)
Clinical supervision and staff meetings shall not be approved as
continuing education.
Source. #12548, eff 7-1-18
Alc 409.05 Documentation of Continuing Education.
(a)
For each pre-approved continuing education program attended, licensees
and certification holders shall retain, for no less than 6 years, a certificate
of completion containing the information described in (b) below.
(b)
Certificates of completion shall contain the following information:
(1) Identification of the categories of
competence covered by the training;
(2) Identification of whether the education was
pre-approved;
(3) A description of the performance domains
covered by the training;
(4) The qualifications of the presenter;
(5) The number of hours the training provided;
and
(6) A certification that the training was
specific to the field of substance use counseling.
(c)
For each continuing education program attended that has not been
pre-approved, licensees and certification holders shall retain, for no less
than 6 years, supporting documentation as described in (d) below that demonstrates
the program complies with Alc 409.01 through Alc 409.03.
(d)
Documentation sufficient to demonstrate an unapproved course’s
compliance with the continuing education requirements of this section shall
include a course syllabus or other similar documentation which contains the
information described in (b)(1) – (5) above.
Source. #12548, eff 7-1-18
PART Alc 410 AUDIT PROCEDURE FOR CONTINUING EDUCATION,
SUPERVISION, AND PEER COLLABORATION
Alc 410.01 Audit Procedure.
(a)
In each renewal cycle, the board shall randomly select 10% of
certified recovery support workers, 10%
of LADCs, 10% of MLADCs, and 10% of licensed clinical supervisors for audit of
compliance with:
(1) Continuing education requirements; and
(2) As applicable, supervision or peer
collaboration requirements.
(b) Those licensees or certification
holders selected for audit shall submit documentation demonstrating compliance
with the continuing education requirements outlined in Alc 409.01 – Alc 409.05.
(c)
Those licensees or certification holders selected for audit shall submit
the following documentation to demonstrate compliance with the supervision and,
as applicable, peer collaboration requirements outlined in Alc 405 and Alc 406:
(1) For CRSWs, the statement called for by Alc
404.04(c);
(2) For licensed drug and alcohol counselors:
a. If engaged in supervision, the statement
called for by Alc 405.05(c); or
b. If engaged in peer collaboration pursuant to
Alc 408, documentation which meets the requirements of Alc 408.03; and
(3) For MLADCs:
a. If engaging in supervision, the statement
called for by Alc 406.04(c); or
b. If engaged in peer collaboration pursuant to
Alc 408, documentation which meets the requirements of Alc 408.03.
Source. #12548, eff 7-1-18
PART Alc 411 RENEWAL APPLICATIONS
Alc 411.01 Renewal Applications. Certification holders and licensees seeking
renewal shall submit the following board provided renewal applications:
(a)
For CRSWs, the “CRSW Recertification Application”, effective March 2018;
(b)
For LADCs and MLADCs, the “LADC/MLADC Renewal Application”, effective
March 2018;
(c)
For LADCs who are licensed clinical supervisors, the “Licensed Alcohol
and Drug Counselor and Licensed Clinical Supervisor Application”, effective
March 2018; and
(d)
For MLADCs who are licensed clinical supervisors, the “Master Licensed
Alcohol and Drug Counselor and Licensed Clinical Supervisor Application”,
effective March 2018.
Source. #12548, eff 7-1-18
PART Alc 412 INACTIVE STATUS
Alc
412.01 Inactive Status.
(a) Inactive status may be obtained by a licensee
or certificate holder who:
(1) Holds a
current license or certificate with the board;
(2) Has no
disciplinary action or pending disciplinary action;
(3) No longer
engages in substance use counseling in New Hampshire;
(4) Completes
and submits the “Request for Inactive Status” form, effective January 2017; and
(5) Pays the
fee designated in Alc 415.01 biennially.
(b) A licensee or certificate holder granted
inactive status shall renew or reinstate their inactive license on or before
the biennial date his or her license would otherwise lapse.
(c) Licensees or certificate holders wishing to
maintain inactive status shall complete and submit the “Renewal of Inactive
Status” form, dated January 2017, and
pay the required fee designated in Alc 413.01.
(d) Licensees or certificate holders in any
reserve component of the armed forces of the United States or the National
Guard called to active duty, may request inactive license status. Such
licensees or certificate holders shall not be required to pay the fee outlined
in Alc 415.01.
(e) Licensees or certificate holders wishing to
reactivate his or her inactive license or certificate shall:
(1) Complete
and submit the “Reactivation Application” form, dated January 2017, as supplied
by the board;
(2) Submit
documentation of compliance with his or her continuing education requirements
within 2 years prior to the date of the application; and
(3) Pay the fee
specified by Alc 415.01.
Source. #12548, eff 7-1-18
PART Alc 413 DISCIPLINARY MATTERS
Alc 413.01 Initiation of Disciplinary Action. The board shall undertake misconduct
investigations, settlements of misconduct allegations, or disciplinary
hearings, when warranted, in response to any information which reasonably
suggests that a licensee has engaged in professional misconduct.
Source. #12548, eff 7-1-18
Alc 413.02 Disciplinary Sanctions.
(a)
Other than immediate license suspensions authorized by RSA 541-A:30, III
the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be
heard; or
(2) Pursuant to a mutually agreed upon settlement
or consent decree.
(b)
When the board receives notice that a licensee has been subjected to
disciplinary action related to professional conduct by the licensing authority
of another jurisdiction or other New Hampshire professional board, the board
shall issue an order providing the opportunity for a hearing and directing the
licensee to demonstrate why reciprocal discipline should not be imposed in New
Hampshire.
(c)
In a disciplinary proceeding brought on the basis of discipline imposed
in another jurisdiction the certificate holder shall be subject to any
disciplinary sanction authorized by
(d)
After a finding that misconduct has occurred, the board shall impose one
or more of the disciplinary sanctions authorized by
(e)
The board shall determine the sanctions to be imposed after considering
the presence of aggravating or mitigating circumstances as specified in Alc
413.02 (f) and (g).
(f)
The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) The licensee’s prior disciplinary record;
(3) Lack of willingness to cooperate with the
board;
(4) Potential harm to public health and safety;
and
(5) The purpose of the rule or statute violated.
(g)
The following shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary record;
(2) Willingness to cooperate with the board;
(3) Acknowledgment of his or her wrongdoing; and
(4) The purpose of the rule or statute violated.
(h)
After consideration of the aggravating and mitigating circumstances
described in (f) and (g) above, the board shall impose the sanction most likely
to:
(1) Protect public health and safety;
(2) Prevent future misconduct by the licensee;
(3) Take into account any acknowledgement of
fault by the licensee and any cooperation by the licensee with the board’s
investigation of misconduct;
(4) Correct any attitudinal, educational or other
deficiencies which led to the licensee’s misconduct;
(5) Encourage the responsible practice of
substance use counseling; and
(6) Demonstrate to the licensee and the public
the board’s intention to ensure that its licensees practice in accordance with applicable
law and the public welfare.
(g)
No hearing date established in a proceeding conducted under Alc 412.02
shall be postponed at the request of the licensee unless the licensee also
agrees to continue the suspension period pending issuance of the board’s final
decision.
(h)
Copies of board orders imposing disciplinary sanctions and copies of all
settlement agreements or consent decrees shall be sent to the licensing body of
each state in which the licensee is licensed and to such other entities,
organizations, associations, or boards as are required to be notified under
applicable state or federal law, or which have a legitimate professional
interest in the decision and may receive notice consistent with applicable
state or federal law.
Source. #12548, eff 7-1-18
Alc 413.03 Administrative Fines.
(a)
Adjudicative procedures seeking the assessment of an administrative fine
shall be commenced against any person subject to such fines under any provision
of RSA 330-C:27, III when the board possesses evidence indicating that a
violation has occurred.
(b)
When persons subject to the board’s disciplinary authority are directed
to pay administrative fines in accordance with Alc 413.02, the fine amounts
shall be assessed in accordance with the factors stated in Alc 413.02 (f) and
(g) and the following additional considerations:
(1) The cost of any investigation or hearing
conducted by the board; and
(2) The licensee’s ability to pay an
administrative fine assessed by the board.
(c)
Administrative fines shall not exceed the following amounts:
(1) When no violation of the same type has
occurred within the 5 years preceding the board’s notice to the respondent, the
fine assessed shall not exceed $150.00 per day for ongoing offenses or
$1,000.00 per offense whichever is greater;
(2) When a single disciplinary infraction of the
same type has occurred within the 5 years preceding the board’s notice to the
respondent, the fine assessed shall not exceed $200.00 per day or $1,500.00 per
offense whichever is greater; and
(3) When more than one disciplinary infraction of
the same type has occurred within the 5 years preceding the board’s notice to
the respondent the fine assessed shall not exceed $250.00 per day or
$2,000.00 per offense whichever is
greater.
(d)
In the case of continuing violations, a separate fine shall be assessed
for each day the violation continues except that a single course of continuing
conduct shall be treated as a single violation for purposes of Alc 413.03 (c).
Source. #12548, eff 7-1-18
Alc 413.04 Procedures for Assessing and Collecting
Administrative Fines.
(a)
Payment of an administrative fine shall be included among the options
available for settling disciplinary allegations, and shall be included among
the types of disciplinary sanctions imposed after notice and hearing.
(b)
In cases where the board initially intends to limit disciplinary
sanctions to an administrative fine, the board shall issue a “notice of
apparent liability” describing the alleged offense, stating the amount of the
assessed fine, and notifying the alleged offender that he or she shall pay the
fine by a certain date or request that an administrative hearing be held. If a hearing is requested, the notice of
apparent liability shall be withdrawn and a notice of hearing shall be
issued. In such hearings, the board’s
disciplinary options shall not be limited to the assessment of an
administrative fine.
(c)
Nonpayment of an administrative fine by a licensee or respondent in
contravention of an order, agreement, or promise to pay shall be grounds for
discipline by the board and a basis for judicial action seeking to collect the
fine.
Source. #12548, eff 7-1-18
PART Alc 414 REINSTATEMENT
Alc 414.01 Reinstatement of Certificate or License
After Lapse. A certificate holder or
licensee wishing to reinstate his or her certificate or license shall:
(a)
Complete and submit the “Reinstatement Application” form, effective
March 2018, no later than 12 months after the date of credential expiration;
(b)
Attach documentation of the applicable continuing education requirements
described in Alc 409.01 – Alc 409.03, taken within 2 years prior to the date of
reinstatement application and one and one half hours of continuing education
per month lapsed for CRSWs and 2 hours per month lapsed for LADCs and MLADCs;
and
(c)
Pay the fee specified in Alc 415.01.
Source. #12548, eff 7-1-18
Alc 414.02 Reinstatement of Certificate or License
After Suspension or Revocation.
(a)
Any certificate or license holder wishing to reinstate his or her
certificate or license after suspension shall:
(1) Complete and submit a “Reinstatement
Application” form, effective March 2018
to the board for review; and
(2) Pay the fee described in Alc 415.01.
(b)
After conducting a hearing held pursuant to RSA 541-A, the board shall
reinstate the certificate or license if it determines that doing so would be in
the public interest.
(c)
For purposes of this section, a reinstatement shall be considered to be
in the public interest if the suspended license or certificate holder
demonstrates that he or she has
satisfied all the requirements of any disciplinary order, settlement agreement,
or consent decree.
(d)
Certificate holders and licensees seeking reinstatement after revocation
shall comply with the initial application requirements and procedures as
outlined in Alc 300.
Source. #12548, eff 7-1-18
PART Alc 415 FEES
Alc 415.01 Fees.
The schedule of fees for renewal, inactive status, and reinstatement
shall be as follows:
Table 400-1 Fees
Fee |
Amount |
Renewal fee for
CRSW, LADC, or LCS |
$110.00 |
Renewal Fee for
MLADC |
$240.00 |
Late Renewal Fee |
$100.00 |
Inactive Status Fee |
$100.00 |
Inactive Status
Renewal Fee |
$100.00 |
Reinstatement Fee |
$100.00 |
Source. #12548, eff 7-1-18
CHAPTER Alc 500 ETHICAL STANDARDS
PART Alc 501 DEFINITIONS
Alc 501.01 Definitions of Terms Used in this Chapter. In this chapter the following terms shall
have the following meanings:
(a)
“Certified recovery support worker (CRSW)” means “certified recovery
support worker as defined in RSA 330-C:2, IV, namely, “an individual certified
by the board to provide recovery support to persons with substance use
disorders”;
(b)
“Licensed alcohol and drug counselor (LADC)” means “licensed alcohol and
drug counselor” as defined in RSA 330-C:2, XIII, namely, “an individual
licensed by the board to practice substance use counseling who meets the
initial licensing qualifications set forth in RSA 330-C:17”;
(c)
“Licensed clinical supervisor (LCS)” means “licensed clinical
supervisor” as defined in RSA 330-C:2, XIV, namely, “an individual licensed by
the board to practice and supervise substance use counseling who meets the
initial licensing qualifications set forth in RSA 330-C:18”;
(d)
“Master licensed alcohol and drug counselor (MLADC)” means “master
licensed alcohol and drug counselor” as defined in RSA 330-C:2, XV, namely, “an
individual licensed by the board to practice substance use counseling who meets
the initial licensing qualifications set forth in RSA 330-C:16”; and
(e)
“NAADAC: The Association of Addiction Professionals (NAADAC)” means a
nationwide membership organization of addiction counselors, educators and other
addiction-focused health care professionals in the United States.
Source. #9454, eff
4-11-09, EXPIRED: 4-11-17
New. #12548, eff 7-1-18
PART Alc 502 CODE OF ETHICS FOR LICENSEES AND CRSWS
Alc 502.01 Ethical Requirements.
(a)
Licensees and CRSWs shall practice within their respective statutory
scopes of practice as follows:
(1) For MLADCs, the scope of practice set forth
in RSA 330-C:10;
(2) For LADCs, the scope of practice set forth in
RSA 330-C:11;
(3) For licensed clinical supervisors, the scope
of practice set forth in RSA 330-C:12; and
(4) For CRSWs, the scope of practice set forth in
RSA 330-C:13.
(b)
Licensees and CRSWs shall be bound by the 9 numbered principles of the
NAADAC code of ethics, together with the bulleted sub-principles, as updated
December 8, 2016, as referenced in Appendix B.
(c)
In addition to the scope of practice requirements listed in (a)(4)
above, CRSWs shall abide by the following ethical standards:
(1) With regard to quality of care, the CRSW
shall make a commitment to provide the highest quality of care for the client;
(2) With regard to non-discrimination, the CRSW
shall not discriminate against any client of other professional based on race,
color, religion, age, sex, marital status, national origin, ancestry, sexual
orientation, or mental or physical disability;
(3) With regard to professional responsibility,
the CRSW shall:
a. Exercise professional judgment;
b. Maintain the best interest of the client; and
c. Assist the client to help him or her toward
the primary goal of recovery;
(4) With regard to professional competence, the
CRSW shall:
a. Provide competent professional service to the
client;
b. Participate in ongoing professional education
to maintain state-of-the-art knowledge and skill;
c. Be responsible for his or her conduct in all
areas of professional life;
d. Recognize and maintain personal and
professional boundaries and limitations;
e. Seek the advice and counsel of colleagues and
supervisors whenever such consultation is in the best interest of the client;
and
f. Recognize the effect of impairment on
professional performance and be willing to seek appropriate treatment when
necessary;
(5) With regard to professional standards, the
CRSW shall:
a. Not claim or imply professional knowledge,
qualifications, certifications, or affiliations that he or she does not
possess; and
b. Not lend his or her name to, or participate
in, any professional and/or business relationship, which may misrepresent or
mislead the public in any way;
(6) With regard to professional obligation to the
public, the CRSW shall not state or imply a higher degree of knowledge or
insight into co-occurring or substance use disorders than would be available
through similarly situated or trained professionals;
(7) With regard to publications, the CRSW shall
preserve the integrity of the profession by acknowledging and documenting any
materials or techniques used in creating his or her opinions or in writing,
editing, or publishing papers, pamphlets or books;
(8) With regard to client welfare, the CRSW
shall:
a. Place the best
interest of the client before conflicting professional commitments or
professional gain;
b. Always provide an appropriate setting for
clinical work; and
c. Provide a supportive environment for any
client having special needs;
(9) With regard to confidentiality, the CRSW
shall:
a. Not reveal information relating to a client
unless the client consents to such release of information in writing and after
consultation with the CRSW; and
b. Preserve client records and information
regardless of the media used to store such information;
(10) With regard to client and public safety,
notwithstanding confidentiality rules, the CRSW may reveal confidential
information to public authorities or other professionals to the extent that he
or she reasonably believes necessary to prevent a client from serious harm
whether self-inflicted or inflicted upon a third person, or where the client is
in imminent danger, or in danger of injuring another person;
(11) With regard to client relationships, the CRSW
shall:
a. Respect and maintain an objective,
non-possessive, non-personal, professional relationship with the client at all
times;
b. Obtain the client’s permission for recording
a session, for involving any third party in a session, or for releasing any
information pertaining to the client;
c. Not enter into a business relationship with
the client during the therapeutic relationship;
d. Not enter into a business relationship with
any other person if doing so would adversely affect the client;
e. Not engage in any sexual activity with any
current or former client;
f. When it is in the best interests of a client,
release or refer the client to other programs or individuals as dictated by
professional standards and ethically responsible practice;
g. Not enter into a mentoring or coaching
relationship with a client if the CRSW’s own responsibilities to or
relationship with a third person would adversely affect the client; and
h. Not enter into a mentoring or coaching
relationship with anyone with whom the CRSW has had a previous intimate
relationship;
(12) With regard to professional integrity, the
CRSW shall:
a. Cooperate with and adhere to Alc 502;
b. Never knowingly make a false statement to the
board;
c. Promptly report violations of this
professional code of conduct by other CRSWs to the board;
d. Disclose to the board any material fact which
could adversely affect a CRSW-client relationship, to include any disciplinary
action taken by any other board or regulatory body;
(13) With regard to remuneration, the CRSW shall:
a. Establish reasonable financial arrangements
based on fees customarily charged in his or her locality for similar services;
and
b. Not accept fees or gratuities for
professional work from a client whose fees are being paid through an
institution or agency and who is otherwise entitled to such services; and
(14) With regard to professional promotion, the
CRSW shall maintain and promote the integrity and advancement of the alcohol
and drug CRSW profession.
(d)
In addition to the requirements listed in (a)(1) and (2) above, LADCs
and MLADCs shall abide by the following ethical standards:
(1) With regard to quality of care, the counselor
shall provide the highest quality of care for the client;
(2) With regard to non-discrimination, the
counselor shall not discriminate against any client or other professional based
on race, color, religion, age, sex, marital status, national origin, ancestry,
sexual orientation, or mental or physical disability;
(3) With regard to professional responsibility,
the counselor shall:
a. Exercise professional judgment;
b. Maintain the best interest of the client; and
c. Assist the client to help him or her toward
the primary goal of recovery;
(4) With regard to professional competence, the
counselor shall:
a. Provide competent professional service to the
client;
Participate in ongoing
professional education to maintain
state-of-the-art knowledge and skill;
Be responsible for his
or her conduct in all areas of professional life;
d. Recognize personal and professional
boundaries and limitations;
e. Seek the advice and counsel of colleagues and
supervisors whenever such consultation is in the best interest of the client;
and
f. Recognize the effect of impairment on
professional performance and be willing to seek appropriate treatment when
necessary;
(5) With regard to professional standards, the
counselor shall:
a. Not claim or imply professional knowledge,
qualifications, certifications, or affiliations that he or she does not
possess; and
b. Not lend his or her name to, or participate
in, any professional and/or business relationship, which may misrepresent or
mislead the public in any way;
(6) With regard to professional obligation to the
public, the counselor shall not state or imply a higher degree of knowledge or
insight into co-occurring or substance use disorders than would be available
through similar situated and/or trained professionals;
(7) With regard to publications, the counselor
shall preserve the integrity of the profession by acknowledging and documenting
any materials or techniques used in creating his or her opinions, or in
writing, editing, or publishing papers, pamphlets or books;
(8) With regard to client welfare, the counselor
shall:
a. Place the best interest of the client before
conflicting professional commitments or professional gain;
b. Always provide an appropriate setting for
clinical work; and
c. Provide a supportive environment for any
client having special needs;
(9) With regard to confidentiality, the counselor
shall:
a. Not reveal information relating to a client
unless the client consents to such release of information in writing and after
consultation with the counselor; and
b. Preserve client records and information
regardless of the media used to store such information;
(10) With regard to client and public safety,
notwithstanding confidentiality regulations, the counselor may reveal
confidential information to public authorities or other professionals to the
extent that he or she reasonably believes necessary to prevent a client from
serious harm whether self-inflicted or inflicted upon a third person, or where
the client is in imminent danger, or in danger of injuring another person;
(11) With regard to client relationships, the
counselor shall:
a. Respect and maintain an objective,
non-possessive, non-personal, professional relationship with the client at all
times;
b. Obtain the client’s permission for recording
a session, for involving any third party in a session, or for releasing any
information pertaining to the client;
c. Not enter into a business relationship with
any other person if doing so would adversely affect the client;
d. Not engage in any sexual activity with any
current or former client;
e. When it is in the best interests of a client,
release or refer the client to other programs or individuals as dictated by
professional standards and good clinical practice;
f. Not enter into a counseling relationship with
a client if the counselor’s own responsibilities to or relationship with a
third person would adversely affect the client;
g. Not enter into a personal or exploitive
relationship with a current or former client following the termination of the
therapeutic relationship; and
h. Not enter into a counseling relationship with
anyone with whom the counselor has had a previous intimate relationship;
(12) With regard to professional integrity, the
counselor shall:
a. Cooperate with and adhere to Alc 502;
b. Never knowingly make a false statement to the
board;
c. Promptly report violations of this
professional code of conduct by other counselors to the board; and
d. Disclose to the board any material fact which
could adversely affect a counselor-client relationship, to include any
disciplinary action taken by any other board or regulatory body;
(13) With regard to remuneration, the counselor
shall:
a. Establish reasonable financial arrangements
based on fees customarily charged in his or her locality for similar services;
and
b. Not accept fees or gratuities for
professional work from a client whose fees are being paid through an
institution and/or agency and who is otherwise entitled to such services; and
(14) With regard to professional promotion, the
counselor shall strive to maintain and promote the integrity and advancement of
the alcohol and drug counselor profession.
(e)
In addition to the scope of practice requirements described in (a)(3)
above, licensed clinical supervisors shall abide by the “Code of Ethics for
Clinical Supervisors,” written by the Clinical Supervision Committee of the
ICRC, effective 1998, as referenced in Appendix B.
Source. #9454, eff 4-11-09, EXPIRED: 4-11-17
New. #12548, eff 7-1-18
APPENDIX A
Rule |
Statute
Implemented |
|
|
Alc 101.01 |
RSA 541-A:7 |
Alc 102 |
RSA 541-A:7 |
Alc 103.01 |
RSA 330-C:3, I. through VI. and XI. |
Alc 103.02(a), (b) and (c) |
RSA 330-C:5, I.; RSA 330-C:22 and 23 |
Alc 103.02(d) |
RSA 330-C:5, VII. |
Alc 103.02(e) |
RSA 330-C:5, IV. |
Alc 103.02(f) |
RSA 330-C:5, VI. |
Alc 103.03(a) |
RSA 330-C:3, VIII. |
Alc 103.03(b) |
RSA 330-C:3, XIV. |
Alc 103.03(c) |
RSA 330-C:6 |
Alc 103.04(a) |
RSA 330-C:3, IX. |
Alc 103.04(b) |
RSA 91-A:2, II. |
Alc 103.04(c) |
RSA 330-C:3, IX.; RSA 91-A:3 |
Alc 103.04(d) |
RSA 330-C:3, VIII. |
Alc 103.05 |
RSA 330-C:6, VI |
Alc 103.05(a) |
RSA 91-A:2, II. |
Alc 103.05(b) |
RSA 541-A:16, I.(b) |
Alc 103.06 |
RSA 91-A:2, II; RSA 91-A:3, III |
Alc 103.06(a) |
RSA 91-A:2, II.; RSA 91-A:3, III. and RSA 91-A:5 |
Alc 103.06(b) |
RSA 91-A:2, II. and RSA 91-A:3, III. |
Alc 103.07 |
RSA 91-A:2, II; RSA 91-A:3, III |
Alc 104.01 |
RSA 541-A:16, I.(a) |
Alc 104.02 |
RSA 91-A:2, II.; RSA 541-A:16, I.(b) |
|
|
Alc 201 |
RSA 541-A:7 |
Alc 202.01 and Alc 202.02 |
RSA 541-A:16, I(b)(2) |
Alc 202.03 |
RSA 541-A:31, I |
Alc 203.01 |
RSA 330-C:28, I. and III.; RSA 541-A:16, I.(b) |
Alc 204.01 |
RSA 541-A:16, I.(b)(2) |
Alc 204.02 |
RSA 541-A:30-a, III(k) |
Alc 204.03 |
RSA 541-A:30-a, III(j) |
Alc 204.04 |
RSA 541-A:30-a, III.(b) |
Alc 205 |
RSA 541-A:30-a, III(f) |
Alc 206 |
RSA 541-A:30-a, III(a) |
Alc 207 |
RSA 541-A:16, I(b)(2) |
Alc 201.01 |
RSA 541-A:7 |
Alc 208.01(a)(1) |
RSA 330-C: 29, II.; RSA 541-A:16, I.(b)(2); RSA
541-A:31 |
Alc 208.01(a)(2) |
RSA 541-A:16, I.(b)(2); RSA 541-A:31 |
Alc 208.01(b) |
RSA 330-C: 29, II.; RSA 541-A:16, I.(b)(2); RSA
541-A:31 |
Alc 208.02 |
RSA 541-A:30, III. |
Alc 208.03 |
RSA 541-A:30-a, III(b) |
Alc 208.04 |
RSA 541-A:31, V(b), (c) and (d); RSA 541-A:16,
I(b)(2) |
Alc 208.05(a) and (c) |
RSA 541-A:31, VII. |
Alc 208.05(b) |
RSA 541-A:30, III. |
Alc 208.05(a) and (c) |
RSA 541-A:31, VII. |
Alc 209.01 and 209.02 |
RSA 541-A:32, I, II and III; RSA 541-A:16, I(b)(2) |
Alc 209.03 and Alc 209.04 |
RSA 541-A:16, I(b)(2) |
Alc 210.01 |
RSA 541-A:30-a, III(h) |
Alc 210.02 |
RSA 541-A:16, I(b)(2) |
Alc 211 |
RSA 541-A:30-a, III(c) |
Alc 212.01 |
RSA 541-A:30-a, III(d) and (e) |
Alc 212.02 |
RSA 541-A:31, IV |
Alc 212.03(a) |
RSA 541-A:33 |
Alc 212.03(b) through (f) |
RSA 541-A:16, I.(b)(2) |
Alc 212.04 and 212.05 |
RSA 541-A:16, I(b)(2) |
Alc 212.06 |
RSA 541-A:30-a, III(i) |
Alc 212.07(a) |
RSA 541-A:16, I.(b)(2) |
Alc 212.07(b)(1) |
RSA 541-A:35 |
Alc 212.07(b)(2) and (c) through (e) |
RSA 541-A:16, I.(b)(2) |
Alc 212.07(f) |
RSA 541-A:30-a, III.(l) |
Alc 212.08 |
RSA 541-A:16, I(b)(2) |
Alc 213.01(a) |
RSA 330-C:28, VI. |
Alc 213.01(b) and (c) |
RSA 541-A:16, I.(b) |
Alc 214 |
RSA 541-A:4; RSA 541-A:16, I(c) |
Alc 215 |
RSA 541-A:11; RSA 541-A:16, I(b)(3) |
Alc 215.05 |
RSA 541-A:11; RSA 541-A:16, I.(b)(3) |
Alc 216 |
RSA 541-A:16, I.(d) |
Alc 203.01 |
RSA 330-C:13, II; RSA 541-A:16, I(b) |
Alc 213.01 |
RSA 541-A:31, V(a); RSA 541-A:38; RSA 541-A:16, I(b) |
Alc 217.01 |
RSA 541-A:11, VII |
Alc 217.02 |
RSA 541-A:11, VII |
|
|
Alc 301 |
RSA 541-A:7 |
Alc 302.01(a)(1) |
RSA 330-C:9, I; RSA 330-C:15, I(h) |
Alc 302.01(a)(2) |
RSA 330-C:9, I; RSA 330-C:15, I(b) |
Alc 302.01(a)(3)a |
RSA 330-C:9, I; RSA 330-C:15, I(e)(1) |
Alc 302.01(a)(3)b |
RSA 330-C:9, I; RSA 330-C:15, I(e)(2) |
Alc 302.01(a)(3)c |
RSA 330-C:9, I; RSA 330-C:15, I(e)(3) |
Alc 302.01(a)(3)d |
RSA 330-C:9, I; RSA 330-C:15, I(e)(4) |
Alc 302.01(a)(3)e |
RSA 330-C:9, I; RSA 330-C:15, I(e)(5) |
Alc 302.01(a)(3)f |
RSA 330-C:9, I; RSA 330-C:15, I(e)(6) |
Alc 302.01(a)(3)g |
RSA 330-C:9, I; RSA 330-C:15, I(e)(7) |
Alc 302.01(a)(4) |
RSA 330-C:9, I; RSA 330-C:15, I(f) |
Alc 302.01(b)-(c) |
RSA 330-C:9, I; RSA 330-C:15, I(e) |
Alc 303.01(a)(1) |
RSA 330-C:9, III; RSA 330-C:19, V |
Alc 303.01(a)(2) |
RSA 330-C:9, III; RSA 330-C:19, II |
Alc 303.01(a)(3) |
RSA 330-C:9, III; RSA 330-C:19, III |
Alc 303.01(a)(4)-(5) |
RSA 330-C:9, III; RSA 330-C:19, IV |
Alc 303.01(a)(6) |
RSA 330-C:9, III; RSA 330-C:19, I |
Alc 303.01(a)(7) |
RSA 330-C:9, III, XI; RSA 330-C:19, V |
Alc 303.01(a)(8)-(10) |
RSA 330-C:9, III; RSA 330-C:19, V |
Alc 303.01(b) |
RSA 330-C:9, III, XIV; RSA 330-C:15, I(e)(4); RSA 330-C:19, V |
Alc 303.02 – Alc 303.03 |
RSA 330-C:9, III; RSA 330-C:19, IV |
Alc 304.01 |
RSA 330-C:9, III; RSA 330-C:19, I |
Alc 304.02 |
RSA 330-C:9, III; RSA 330-C:19, I, V |
Alc 304.03 – Alc 304.04(b) |
RSA 330-C:9, III; RSA 330-C:19, V |
Alc 304.04 (c)-(d) |
RSA 330-C:9, III; RSA 330-C:19, V; RSA 330-C:20, I,
II |
Alc 304.04 (e)-(h) |
RSA 330-C:9, III; RSA 330-C:19, V |
Alc 305.01 |
RSA 330-C:9, III; RSA 330-C:19, V; RSA 541-A:29 |
Alc 306.01 |
RSA 330-C:8, II(a); RSA 330-C:9, III, XI |
Alc 307.01 |
RSA 330-C:9, I |
Alc 307.02(a)(1) formerly Alc 306.02(a)(1) |
RSA 330-C:9, I; RSA 330-C:17, III |
Alc 307.03-Alc 307.05 |
RSA 330-C:9, I; RSA 330-C:17, I(a)-(b), III |
Alc 308 |
RSA 330-C:8, II(a); RSA 330-C:9, I, XI; RSA
330-C:17, III |
Alc 309.01(a)-(b)(4) |
RSA 330-C:9, I(a); RSA 330-C:17, I, III |
Alc 309.01(b)(5) |
RSA 330-C:8, I |
Alc 309.06 |
RSA 330-C:20 |
Alc 309.01(b)(7)-(b)(9) formerly Alc 309.01(b)(9) |
RSA 330-C:9, I; RSA 330-C:17, III |
Alc 310.01(a) |
RSA 330-C:9, I(b), (d); RSA 330-C:16, IV |
Alc 310.01(b) |
RSA 330-C:9, I(b); RSA 330-C:16, I(a) |
Alc 310.01(c) |
RSA 330-C:9, I(b); RSA 330-C:16, II |
Alc 310.01(d) |
RSA 330-C:9, I(b); RSA 330-C:16, I(a), IV |
Alc 310.01(e) |
RSA 330-C:9, I(b); RSA 330-C:16, I(a) |
Alc 310.01(f)-(g) |
RSA 330-C:9, I(b); RSA 330-C:16, III |
Alc 310.01(h) |
RSA 330-C:9, I(b); RSA 330-C:16, IV |
Alc 310.01(i) |
RSA 330-C:9, I(b), XIV; RSA 330-C:17, III |
Alc 310.01(j) |
RSA 330-C:9, I(b); RSA 330-C:16, IV |
Alc 310.02 – Alc 310.03 |
RSA 330-C:9, I(b); RSA 330-C:16, I, IV |
Alc 310.04 |
RSA 330-C:9, I(b); RSA 330-C:16, I(a) |
Alc 310.05 |
RSA 330-C:9, I(b); RSA 330-C:16, III |
Alc 311.01(a)-(b)(2) |
RSA 330-C:9, I(b), (d), XI; RSA 330-C:16, IV |
Alc 311.01(b)(3) |
RSA 330-C:8, II(a); RSA 330-C:9, I(b), XI |
Alc 311.01(c) |
RSA 330-C:9, I(b), (d), XI; RSA 330-C:16, IV |
Alc 311.01(d) |
RSA 330-C:8, II(a); RSA 330-C:9, I(b), XI |
Alc 312 |
RSA 330-C:9, I; RSA 330-C:21; RSA 330-C:20 |
Alc 313.01, intro., (a), (b) |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III |
Alc 313.01(c) |
RSA 330-C:8, IV; RSA 330-C:9, I(a)-(b); RSA
330-C:16, IV; RSA 330-C:17, III |
Alc 313.01(f) |
RSA 330-C:20 |
Alc 313.02-Alc 313.04, intro. and (a) |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III; RSA 330-C:20 |
Alc 313.04(b)-(c) |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA 330-C:17, III; |
Alc 313.04(d) – Alc 313.10 |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III |
Alc 313.11 formerly Alc 313.12 |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III |
Alc 313.12 formerly Alc 313.13 |
RSA 330-C:9, I(a)-(b); RSA 330-C:16, IV; RSA
330-C:17, III; RSA 541-A:29 |
Alc 314.01, intro. and (a) |
RSA 330-C:9, V-a; RSA 330-C:18, I |
Alc 314.01(b) |
RSA 330-C:9, V-a; RSA 330-C:18, II, III |
Alc 314.01(c) |
RSA 330-C:9, V-b; RSA 330-C:18, IV |
Alc 314.01(d) |
RSA 330-C:9, V-a; RSA 330-C:18, V |
Alc 314.01(e) |
RSA 330-C:9, XI; RSA 330-C:18, VI |
Alc 314.02 |
RSA 330-C:9, V-a; RSA 330-C:18, II, III |
Alc 314.03 |
RSA 330-C:9, V-b; RSA 330-C:18, IV |
Alc 314.04 |
RSA 330-C:9, V-a; RSA 330-C:18, V |
Alc 315.01 |
RSA 330-C:8, II(a); RSA 330-C:9, VI, XI; RSA
330-C:18, VI |
Alc 316.01, intro., (a), (b) |
RSA 330-C:9, V-a; RSA 330-C:18, VII; RSA 330-C:20 |
Alc 316.01(c) |
RSA 330-C:8, I; RSA 330-C:18, VII |
Alc 316.01(d) |
RSA 330-C:8, II(c); RSA 330-C:18, VII; RSA 330-C:20,
I |
Alc 316.02 – Alc 316.03 |
RSA 330-C:9, V-a; RSA 330-C:18, VII |
Alc 316.04 intro. and (a) |
RSA 330-C:9, V-a; RSA 330-C:18, VII; RSA 330-C:20, I |
Alc 316.04(b) |
RSA 330-C:9, V-a; RSA 330-C:18, VII; RSA 330-C:20,
II |
Alc 316.04(c) |
RSA 330-C:9, V-a; RSA 330-C:18, VII |
Alc 316.04(d) |
RSA 330-C:9, V-a; RSA 330-C:18, II, III, VII |
Alc 316.04(e)-(f) |
RSA 330-C:9, V-a; RSA 330-C:18, V, VII |
Alc 316.07 |
RSA 330-C:9, V-a; RSA 330-C:18, VII; RSA 541-A:29 |
|
|
Alc 401.01 |
RSA 541-A:7 |
Alc 402.01 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 403.01 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 403.02 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 403.03 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 403.04 |
RSA 330-C:9, I, III; RSA 330-C:22 |
Alc 404.01 |
RSA 330-C:9, V-b |
Alc 404.02 |
RSA 330-C:9, V-a |
Alc 404.03 |
RSA 330-C:9, V-b |
Alc 404.04 |
RSA 330-C:9, V-b |
Alc 404.05 |
RSA 330-C:9, V-b |
Alc 405.01 |
RSA 330-C:9, V-b; RSA 330-C:11,
II |
Alc 405.02 |
RSA 330-C:9, V-b |
Alc 405.03 |
RSA 330-C:9, V-a |
Alc 405.04 |
RSA 330-C:9, V-b |
Alc 405.05 |
RSA 330-C:9, V-b |
Alc 405.06 |
RSA 330-C:9, V-b |
Alc 406.01 |
RSA 330-C:9, V-b; RSA
330-C:10, II |
Alc 406.02 |
RSA 330-C:9, V-a |
Alc 406.03 |
RSA 330-C:9, V-b |
Alc 406.04 |
RSA 330-C:9, V-b |
Alc 406.05 |
RSA 330-C:9, V-b |
Alc 407.01 |
RSA 330-C:9, V-a |
Alc 407.02 |
RSA 330-C:9, V-a |
Alc 408.01 |
RSA 330-C:9, XIII; RSA
330-C:10, II; RSA 330-C:11, II |
Alc 408.02 |
RSA 330-C:9, XIII; RSA 330-C:10,
II; RSA 330-C:11, II |
Alc 408.03 |
RSA 330-C:9, XIII; RSA
330-C:10, II; RSA 330-C:11, II |
Alc 409.01 |
RSA 330-C:9, VIII; RSA
330-C:24 |
Alc 409.02 |
RSA 330-C:9, VIII; RSA
330-C:24 |
Alc 409.03 |
RSA 330-C:9, VIII; RSA
330-C:24 |
Alc 409.04 |
RSA 330-C:9, V; RSA
330-C:24 |
Alc 409.05 |
RSA 330-C:9, III; RSA
330-C:24 |
Alc 410.01 |
RSA 541-A:16, I (b) intro.; RSA
330-C:24 |
Alc 411.01 |
RSA 330-C:9, I, III |
Alc 412.01 |
RSA 541-A:16, I(b) intro.; RSA
330-C:22, V |
Alc 413.01 |
RSA 330-C:9, IX, X; RSA 330-C:27 |
Alc 413.02 |
RSA 330-C:9, IX, X; RSA 330-C:27 |
Alc 413.03 |
RSA 330-C:9, IX, X; RSA 330-C:27 |
Alc 413.04 |
RSA 330-C:9, IX, X; RSA 330-C:27 |
Alc 414.01 |
RSA 330-C:9, II; RSA 330-C:23 |
Alc 414.02 |
RSA 330-C:9, II; RSA 330-C:23 |
Alc 415.01 |
RSA 330-C:8; RSA 330-C:9, IV |
|
|
Alc 501.01 |
RSA 330-C:9, VII |
Alc 502.01 |
RSA 330-C:9, VII |
APPENDIX B
Rule |
Title |
Obtain at: |
Alc 502.01(b) intro. |
NAADAC Code of Ethics, as updated |
Obtain for no cost online at: https://www.naadac.org/assets/2416/naadac-code-of-ethics-033117.pdf |
Alc 502.01 (e) |
“Code of Ethics for Clinical Supervisors” |
Obtain online to members of the International Certification &
Reciprocity Consortium at: www.internationalcredentialing.org |