CHAPTER Mhp 500 ETHICAL AND PROFESSIONAL STANDARDS, RESPONSIBILITIES OF LICENSEES

PART Mhp 501 ETHICAL AND PROFESSIONAL STANDARDS

Mhp 501.01 Obligation to Obey.

(a) All licensees shall be bound to the ethical standards set forth in this part and disciplinary sanctions shall be imposed for violation of any such standards.

(b) Violation for any of the ethical standards shall be grounds for establishing that a person is not of good character, and for denying a license application or renewal or for issuing a restricted 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 501.02 Code of Ethics.

(a) A licensee shall adhere to the ethical principles of the profession in which they are licensed, as adopted by the following entities:

(1) For "psychologists" the American Psychological Association;

(2) For "pastoral psychotherapists" the American Association of Pastoral Counselors;

(3) For "clinical social workers" the National Association of Social Workers;

(4) For "mental health counselors" the American Mental Health Counseling Association; and

(5) For "marriage and family therapists" the American Association of Marriage and Family Therapists

(b) A licensee shall adhere to the following standards:

(1) A licensee shall provide honest and accurate information in reports; and

(2) A licensee shall maintain sexual boundaries by:

a. Refraining from any behavior a reasonable person would interpret as exploiting the practitioner-patient relationship in a sexual way; and

b. Avoiding any behavior by the mental health practitioner, which could be interpreted as sexual by a reasonable person, even when initiated by or consented to by the patient.

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 502 RESPONSIBILITIES OF LICENSEES

Mhp 502.01 Responsibilities of Licensees.

(a) A licensee shall comply with all applicable rules adopted by the board.

(b) A licensee shall submit only truthful and correct information, to the best of the licensee's knowledge and belief, in any application or other document filed with or statement made to the board.

(d) A licensee shall inform the board of:

(1) A principal business address to which all official board communications should be directed; and

(2) All addresses where the licensee is practicing.

(e) A licensee shall report to the board within 30 days any change or abandonment of a business address.

(f) A licensee shall display in a conspicuous place at his or her principal business address a current license issued by the board.

(g) A licensee shall know and have available in his or her office information regarding how patients may contact the board regarding complaints about their treatment or billing.

(h) A licensee shall display at his or her principal business address a copy of the mental health bill of rights described in Mhp 502.02.

(i) A licensee shall not advertise any service as free if the patient is charged for any aspect of the treatment provided on the office visit when the free service was provided, or otherwise engage in any false or misleading advertising.

(j) A licensee shall not engage in any fraudulent or dishonest billing practices.

(k) A licensee shall maintain complete and accurate clinical and business records pertaining to each patient seen for a minimum of 7 years following the last activity on the account.

(l) A licensee shall maintain clinical records that include, at a minimum, legible date of service, type of service, outcome of service and signature of service provider.

(m) A licensee shall within 30 days furnish complete and accurate copies of patient records, or in appropriate circumstances, original patient records upon request of the patient.

(n) A licensee shall inform the board within 30 days of any disciplinary action taken against the licensee by a state, regional or national agency or association.

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 502.02 Mental Health Bill of Rights.

(a) The Board shall provide each licensee with a client bill of rights to read as follows:

"This Mental Health Bill of Rights is provided by law to persons receiving mental health services in the State of New Hampshire. Its purpose is to protect the rights and enhance the well being of clients, by informing them of key aspects of the clinical relationship. As a client of a New Hampshire Mental Health Practitioner, you have, without asking, the right:

(1) To be treated in a professional, respectful, competent and ethical manner consistent with all applicable state laws and the following professional ethical standards:

a. for psychologists, the American Psychological Association;

b for independent clinical social workers; the National Association of Social Workers;

c. for pastoral psychotherapists; the American Association of Pastoral Counselors;

d. for clinical mental health counselors; the American Mental Health Counselor Association; and

e. for marriage and family therapists; the American Association for Marriage and Family Therapists.

(2) To receive full information about your treatment provider’s knowledge, skills, experience and credentials.

(3) To have the information you disclose to your mental health provider kept confidential within the limits of state and federal law. Communications between mental health providers and clients are typically confidential, unless the law requires their disclosure. Mental health providers will inform you of the legal exceptions to confidentiality, and should such an exception arise, will share only such information as required by law. Examples of such exceptions include but are not limited to:

a. abuse of a child;

b. abuse of an incapacitated adult;

c. Health Information Portability and Accountability Act (HIPAA) regulation compliance;

d. certain rights you may have waived when contracting for third party financial coverage;

e. orders of the court; and

f. significant threats to self, others or property.

(4) To a safe setting and to know that the services provided are effective and of a quality consistent with the standard of care within each profession and to know that sexual relations between a mental health provider and a client or former client are a violation of the law (RSA 330-A:36).

(5) To obtain information, as allowed by law, pertaining to the mental health provider’s assessment, assessment procedures and mental health diagnoses (RSA 330-A:2 VI).

(6) To participate meaningfully in the planning, implementation and termination or referral of your treatment.

(7) To documented informed consent: to be informed of the risks and benefits of the proposed treatment, the risks and benefits of alternative treatments and the risks and benefits of no treatment. When obtaining informed consent for treatment for which safety and effectiveness have not been established, therapists will inform their clients of this and of the voluntary nature of their participation. In addition, clients have the right to be informed of their rights and responsibilities, and of the mental health provider’s practice policies regarding confidentiality, office hours, fees, missed appointments, billing policies, electronic communications, managed care issues, record management, and other relevant matters except as otherwise provided by law.

(8) To obtain information regarding the provision(s) for emergency coverage.

(9) To receive a copy of your mental health record within 30 days upon written request (except as otherwise provided by law), by paying a nominal fee designed to defray the administrative costs of reproducing the record.

(10) To know that your mental health provider is licensed by the State of New Hampshire to provide mental health services.

a. You have the right to obtain information about mental health practice in New Hampshire. You may contact the Board of Mental Health Practice for a list names, addresses, phone numbers and websites of state and national professional associations listed in Mhp 502.02(a)(1)(a-e).

b. You have the right to discuss questions or concerns about the mental health services you receive with your provider.

c. You have the right to file a complaint with the Board of Mental Health Practice."

(b) A licensee shall post a copy of the above mental health bill of rights in a prominent location in the office of the mental health practitioner and provide a copy upon request.

(c) A licensee shall provide a copy of the mental health bill of rights to the client and/or agency if the assessment, consultation or intervention is provided outside the office.

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; ss by #8056, eff 2-28-04

APPENDIX

RULE NUMBER	STATUTE IMPLEMENTED

Mhp 501.01-502.01		RSA 330-A:10, VI-X, XVIII
Mhp 502.02		RSA 330-A:10, XI, XVIII; RSA 330-A:15
Mhp 503		RSA 330-A:27; RSA 330-A:28, I
Mhp 504		RSA 541-A:16, I(b)