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

 

         Alc 310.01  Eligibility Requirements for Initial Licensure as a Master Licensed Alcohol and Drug Counselor. The board shall issue an initial license as a MLADC to an individual who:

 

         (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

 

Type of Fee

Fee

 

 

Examination administrative charge

115.00

LADC initial license

110.00

MLADC initial license

240.00

LCS initial license

110.00

CRSW initial certification

110.00

LADC renewed license

110.00

MLADC renewed license

240.00

LCS renewed license

110.00

CRSW renewed certification

110.00

Reinstatement of certification

100.00

Reinstatement of license

100.00

Transcribing and copying records

.10 per page

Sale of list of licensees and certification holders (updated monthly)

50.00

Verification of license or certification status, or of educational credentials

no charge

 

Source.  #12001, eff 10-13-16; 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 RSA 330-C:27, IV after considering the presence of aggravating or mitigating circumstances.

 

          (d)  After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 330-C:27, IV.

 

          (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
December 8, 2016

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”
(eff. 1998)

Obtain online to members of the International Certification & Reciprocity Consortium at:

 

www.internationalcredentialing.org