CHAPTER Mhp 400 LICENSE RENEWAL, CONTINUING EDUCATION, COLLABORATION AND REINSTATEMENT
PART Mhp 401 RENEWAL OF LICENSE
Mhp 401.01 Expiration of
License.
(a) License shall automatically expire 2 years from the date of issue or renewal.
(b) Renewal licenses shall be valid for 2 years upon approval of application submitted in a timely manner in accordance with Mhp 401.02.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 401.02 Renewal
Requirements.
(a) Any licensee wishing to renew a license shall submit the following to the board office prior to the date of license expiration:
(1) The renewal application supplied by the board, which contains the information specified by Mhp 401.03;
(2) The fee specified by Mhp 303.01(c); and
(3) Documentation of compliance with the continuing education requirements of Mhp 402 on a form provided by the board, including:
a. Name;
b. Business address and phone number; and
c. Mental health professional license number.
(b) Failure to meet the requirements of Mhp 401.02 by the prescribed date shall result in the license expiring.
(c) In the case of Mph 401.02(b) such person shall not practice mental health services until such time that a new license is applied for pursuant to Mhp 301.02 or Mhp 404.01 and granted by the board.
(d) The renewal process shall only be available to persons whose current license has not expired.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 401.03 Application form. The application form for license renewal shall include:
(a) Name;
(b) Residence and business addresses and telephone numbers;
(c) A statement indicating whether the applicant is actively practicing mental health service;
(d) Disclosure, and explanation where applicable, of the following information regarding the previous 2 year period:
(1) If any malpractice claim has been made against the applicant, regardless of whether a lawsuit was filed in relation to the claim;
(2) If the applicant has been denied a psychology, pastoral psychotherapist, social work, mental health counselor or marriage and family therapist license, certificate, or registration anywhere for any reason;
(3) If the applicant has any formal disciplinary charges pending or if any disciplinary action has been taken against the applicant by any mental health professional licensing board, any health care facility, or any professional association;
(4) If the applicant voluntarily surrendered a license to practice mental health in lieu of disciplinary action;
(5) If the applicant has been convicted of a crime involving violence, abuse, fraud, dishonesty, or drugs; and
(6) If the applicant had an emotional disturbance, mental illness, organic illness, or addictive disorder which impairs the applicant's ability to practice mental health counseling, and if so, a description of the treatment received and the outcome of such treatment;
(e) Attestation that the licensee has complied with the continuing education requirements of Mhp 402.01 and collaboration requirements of Mhp 403.01;
(f) A representation that the licensee acknowledges that the provision of false information in the application is a basis for disciplinary action by the board;
(g) A statement of means used in providing interdisciplinary collaboration among mental health disciplines;
(h) A statement of how clinical records will be managed in the event of the impromptu death of the licensee;
(i) The applicant's signature on a statement which declares that the information and documentation provided in the application is true, accurate, complete, and unaltered; and
(j) The date the applicant signed the application.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 401.04 Filing Date. An application for license renewal shall be on file in the board office no later than the expiration date of the present license.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 401.05 Denial of Renewal. License renewal shall be denied if, after notice and an opportunity for hearing, there is a preponderance of the evidence to establish:
(a) Noncompliance with the continuing education requirement of Mhp 402.01 and collaboration requirement of Mhp 403.01 notwithstanding the provisions of Mhp 401.02(b)(1)b.
(b) Failure to furnish complete or accurate information on the renewal license application; or
(c) That the requirements of RSA 330-A and these rules relative to licensure and qualifications have not been met, or no longer continue to be met.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 401.06 Inactive
Status.
(a) Inactive status may be obtained by a license holder who:
(1) Holds a current NH license with the board;
(2) Has no disciplinary action;
(3) Has obtained the required CE hours;
(4) No longer practices mental health service in
(5) Notifies the board in writing that they wish to put their license on inactive status;
(6) Pays the fee designated in Mhp 303.01(d).
(b) Licensees wishing to reactivate shall submit the following:
(1) The reactivation application supplied by the board, which contains information specified in Mhp 401.07;
(2) The fee specified by Mhp 303.01(h); and
(3) Documentation of 20 hours of CEU's taken within 2 years prior to the date you wish to reactivate your license.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 401.07 Reactivation Form. The applicant shall supply the following on the application form for license reactivation:
(a) Name;
(b) Residence and business addresses and telephone numbers;
(c) A statement indicating whether the applicant is actively practicing mental health service in another state;
(d) Disclosure, and explanation where applicable, of the following information regarding the inactive period:
(1) If any malpractice claim has been made against the applicant, regardless of whether a lawsuit was filed in relation to the claim;
(2) If the applicant has been denied a psychology, pastoral psychotherapist, social work, mental health counselor or marriage and family therapist license, certificate, or registration anywhere for any reason;
(3) If the applicant has any formal disciplinary charges pending or if any disciplinary action has been taken against the applicant by any mental health professional licensing board, any health care facility, or any professional association;
(4) If the applicant voluntarily surrendered a license to practice mental health in lieu of disciplinary action;
(5) If the applicant has been convicted of a crime involving violence, abuse, fraud, dishonesty, or drugs; or
(6) If the applicant had an emotional disturbance, mental illness, organic illness, or addictive disorder which impaired the applicant's ability to practice mental health counseling, and if so, a description of the treatment received and the outcome of such treatment;
(e) Documentation of 20 hours of CEU's taken within 2 years prior to the date reactivation takes place; and
(f) A statement of how clinical records will be managed in the event of the impromptu death of the licensee.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
PART Mhp 402 DISCIPLINARY MATTERS
Mhp 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings in response to any information, which reasonably suggests that a licensee has engaged in professional misconduct.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 402.02 Action on
Misconduct Complaints.
(a) Upon receipt of a written complaint, the board shall investigate the allegations contained therein by taking any or all of the following actions:
(1) Conduct an informal investigation pursuant to Mhp 210.01;
(2) Commence a formal investigation pursuant to Mhp 210.02; and
(3) Commence an adjudicative proceeding pursuant to Mhp 206.
(b) The board shall take final action on complaints in the manner provided by Mhp 205.02
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 402.03 Disciplinary
Sanctions.
(a) Other than immediate license suspensions authorized by RSA 330-A:30, III the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be heard; or
(2) Pursuant to an 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 certifying/licensing authority of another
jurisdiction, the board shall issue an order directing the licensee to demonstrate
why reciprocal discipline should not be imposed in
(c) The board shall impose any disciplinary sanction authorized by RSA 330-A:27, III in a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction.
(d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 330-A:27, III.
(e) In imposing sanctions, the board shall consider the following:
(1) The seriousness of the offense;
(2) The licensee's state of mind at the time of the offense;
(3) The licensee's acknowledgment of his or her wrongdoing;
(4) The licensee's willingness to cooperate with the board;
(5) The licensee's prior disciplinary record;
(6) The purpose of the rule of statute or rule violated;
(7) The potential harm to public health and safety; and
(8) The nature and extent of the enforcement activities required of the board as a result of the offense;
(f) When the board receives information indicating that a licensee has engaged in or is likely to engage in professional misconduct which poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 330-A:30, III which sets forth the alleged misconduct and immediately suspends the license for up to 90 days pending completion of an adjudicatory proceeding on the specified issues.
(g) No hearing date established in a proceeding 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 certifying/licensing body of each state in which the licensee is certified/licensed and to such other entities, organizations, associations, or boards as are required to be notified under the applicable state or federal law or to anyone who requests a copy.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 402.04 Administrative Costs, Fines and Civil Penalties.
(a) Fines and penalties shall be assessed and compromised in accordance with the factors stated in Mhp 402.03(d) and (e).
(b) 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 $500 per offense;
(2) When a single disciplinary infraction of the same type has occurred within the 5 years preceding the board's notice to the licensee, the fine assessed shall not exceed $1000 per offense; 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 licensee, the fine assessed shall not exceed $2000 per offense.
(c) When in the case of a continuing violation, a separate fine up to $200 shall be assessed for each day the violation continues.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 402.05 Voluntary
Surrender When Misconduct Allegations are pending.
(a) A licensee who wishes to surrender his/her license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.
(b) Any settlement agreement reached under (a), above, shall include the following concessions:
(1) That the license surrender has occurred in settlement of pending disciplinary charges; and
(2) That the pending disciplinary allegations
shall be issues to be resolved in any future application the licensee may
submit in
(c) A licensee who
reapplies for licensure in
(d) The fact of voluntary surrender and the terms of any settlement agreement or consent decree pertaining thereto shall be distributed to relevant certifying/licensing authorities and professional societies in the same manner as a final decision containing a specific finding of professional misconduct.
(e) The board shall investigate the surrender or non-renewal of a license based upon the licensee's professional conduct while the license was still in effect. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
PART Mhp 403 CONTINUING EDUCATION
Mhp 403.01 Continuing
Education Requirements.
(a) Each licensee shall complete 40 approved hours of continuing education every 2 years.
(b) At least 30 of the 40 hours shall be completed from Category A as described in Mhp 403.02(a)-(d).
(c) At least 6 of the 40 hours shall be completed in ethics and shall be from Category A.
(d) No more than 10 hours shall be from Category B as described in Mhp 403.02(e).
(e) The licensee shall be responsible for proving attendance at or participation in any continuing education hours submitted for license renewal.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 403.02 Approved
Continuing Education Units.
(a) Category A credits may be earned by:
(1) Participation in seminars or workshops;
(2) Participation in home study courses, up to a maximum of 20 hours; or
(3) Graduate academic coursework.
(b) Category A seminars, workshops and home study shall include those that are approved by one of the following groups:
(1) American Psychological Association;
(2) American Association of Pastoral Counselors or their accredited training programs;
(3) National Association of Social Workers;
(4) National Board for Certified Counselors;
(5) American Association for Marriage and Family therapy;
(6) American Counseling Association;
(7) American Association of Sex Educators, Counselors & Therapists;
(8) American Association of Group Psychotherapists;
(9) American Medical Association; or
(10) American Mental Health Counselor Association.
(c) Category A graduate academic coursework shall include courses from a department of psychology or other department in the behavioral sciences at a regionally accredited school, college or university or theological school. Each semester hour of course credit shall count as equivalent to 6 continuing education credits, and quarter hours shall be 4 credits.
(d) Category A credits may be obtained for licensees teaching such courses in (c), as follows:
(1) Preparation of a syllabus and teaching of a new course shall count as equivalent to 10 credits; and
(2) Thorough updating of a course, including preparation of a new syllabus, review of the literature, preparation of reading lists and course assignments shall count as equivalent to 5 credits.
(e) Category B credits may be earned through:
(1) Participation in mental health seminars or workshops not meeting the requirements of Category A;
(2) Publication of professional books; and
(3) Publication of articles in professional journals not to exceed 5 hours per year.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 403.03 Failure to Satisfy Continuing Education Requirements.
(a) An applicant for license renewal who has not completed 40 CEU's in the preceding biennium:
(1) Shall file a petition with the board prior to the date of license expiration, which proposes a specific timetable for completing specified courses or activities to correct the CEU deficiency;
(2) Shall suspend practicing mental health services on the date of license expiration until such deficiency has been resolved; and
(3) Shall pay the fee designated in Mhp 303.01(j).
(b) Failure to submit such petition prior to the date of license expiration shall:
(1) Result in license expiration; and
(2) Necessitate application for a new license pursuant to Mhp 301.01.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
PART Mhp 404 COLLABORATION - ON GOING REQUIREMENT
Mhp 404.01 Collaboration.
(a) Each licensee shall complete 40 hours of collaboration every 2 years.
(b) The licensee shall be responsible for documenting clinical collaboration hours submitted for license renewal.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 404.02 Collaboration
Content.
(a) Collaboration shall include:
(1) Small group meetings among licensed professionals;
(2) Being in supervision or consultation with another licensed mental health provider;
(3) Participation in a study group on topical issues for a minimum of 10 hours per group per year;
(4) Conferences with recognized experts in person or via electronic medium in particular disorders or fields;
(5) Clinical research collaboration with licensed mental health professionals;
(6) Attendance at mental health provider hospital meetings where the provider has an appointment and where the meeting addresses clinical issues regarding patient care issues; and
(7) One half hour for each CEU taken, in person, in accordance with Mhp 403.02(a)(1).
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
PART Mhp 405 REINSTATEMENT
Mhp 405.01 Reinstatement
Requirements.
(a) Any licensees wishing to reinstate shall submit the following no later than 6 months after the date of license expiration:
(1) The reinstatement application supplied by the board, which contains information specified in Mhp 405.02;
(2) The fee specified by Mhp 303.01(g); and
(3) Documentation of compliance with the continuing education requirements of Mhp 403, and the collaboration requirements of Mhp 404 on a form provided by the board which includes the applicant's:
a. Name;
b. Residence and business addresses and phone numbers; and
c. Mental health professional license number.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 405.02 Application Form. The applicant for license reinstatement shall require the applicant to supply the following information:
(a) Name;
(b) Residence and business addresses and telephone numbers;
(c) A statement indicating whether the applicant is actively practicing mental health service;
(d) Disclosure, and explanation where applicable, of the following information regarding the previous 2 year period:
(1) If any malpractice claim has been made against the applicant, regardless of whether a lawsuit was filed in relation to the claim;
(2) If the applicant has been denied a psychology, pastoral psychotherapist, social work, mental health counselor or marriage and family therapist license, certificate, or registration anywhere for any reason;
(3) If the applicant has any formal disciplinary charges pending or if any disciplinary action has been taken against the applicant by any mental health professional licensing board, any health care facility, or any professional association;
(4) if the applicant voluntarily surrendered a license to practice mental health in lieu of disciplinary action;
(5) If the applicant has been convicted of a crime involving violence, abuse, fraud, dishonesty, or drugs; or
(6) If the applicant had an emotional disturbance, mental illness, organic illness, or addictive disorder which impaired the applicant's ability to practice mental health counseling, and if so, a description of the treatment received and the outcome of such treatment;
(e) Attestation that the licensee has complied with the continuing education requirements of Mhp 403 and collaboration requirements of Mhp 404;
(f) A representation that the licensee acknowledges that the provision of false information in the application is a basis for disciplinary action by the board;
(g) A statement of means used in providing interdisciplinary collaboration among mental health disciplines; and
(h) A statement of how clinical records will be managed in the event of the impromptu death of the licensee.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
Mhp 405.03 Denial of Reinstatement. License reinstatement shall be denied if, after notice and an opportunity for hearing, there is a preponderance of the evidence to establish:
(a) Noncompliance with the continuing education requirement of Mhp 403 and collaboration requirement of Mhp 404 notwithstanding the provisions of Mhp 403.03(a)(1);
(b) Failure to furnish complete or accurate information on the reinstatement license application;
(c) That the requirements of RSA 330-A and these rules relative to licensure and qualifications have not been, or no longer continue to be met.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED 7-22-99
New. #7625, eff 1-10-02
APPENDIX
|
RULE NUMBER |
STATUTE IMPLEMENTED |
|
|
|
|
Mhp 401 |
RSA 330-A:31 |
|
Mhp 402 |
RSA 330-A:10, XIV |
|
Mhp 403 |
RSA 330-A:10, XX |
|
Mhp 404 |
RSA 541-A:16, I(b) |