CHAPTER Psyc 100 ORGANIZATIONAL RULES
PART Psyc 101 DEFINITIONS
Psyc 101.01 Terms
Used. The following terms are
defined as follows:
(a)
“Board” means the New Hampshire board of
psychologists created under RSA 329-B; and
(b)
“Licensee” means a person who possesses
a current license pursuant to RSA 329-B: 15.
Source. #12035-A,
eff 11-4-16
PART Psyc 102 DESCRIPTION OF AGENCY
Psyc 102.01 Composition
of the Board.
(a) The board shall consist of 8 members
appointed by the governor with the approval of the council pursuant to RSA
329-B:3.
(b)
Each person so appointed shall meet the
eligibility requirements of RSA 329-B: 3 and RSA 329-B:6.
(c)
Pursuant to RSA 329-B:9, II, when a
quorum is not available for just and timely resolution of a specific matter,
the board members who are available shall, by majority vote, appoint one or
more former board members to serve as acting board members for purposes of
obtaining the minimum quorum to act in that specific matter.
Source. #12035-A,
eff 11-4-16
Psyc 102.02 Staff. The board shall receive assistance from the staff
of the office of professional licensure and certification as is necessary to
conduct the board’s daily operations and to fulfill its statutory duties.
Source. #12035-A,
eff 11-4-16
Psyc 102.03 Office
Hours, Office Location, Mailing Address and Telephone.
(a) The board’s office mailing address is:
State of NH Board of Psychologists
121 South Fruit Street
Concord, NH 03301
(b) The board’s office is open to the public Monday
through Friday during normal business hours.
(c) The board’s telephone number is (603) 271-6762.
(d) The board’s facsimile number is (603)
271-6702.
(e) Electronic mail may be directed to the board
at: Psychologists.Board@nh.gov
Source. #12035-A,
eff 11-4-16
Psyc 102.04 Meetings.
(a) The board shall meet at least annually in the
month of September at its offices in Concord, N.H.
(b)
Additional regular meetings will generally
be called monthly except in August.
(c)
The date, time, and place of any regular
meeting shall be determined by:
(1) The
chairperson then serving; or
(2) The majority
vote of the board at a previous regular or special meeting.
(d)
A special meeting shall be called by the
chairperson upon receipt of a written request to call a meeting, signed by any 3
or more members of the board, and delivered to the chairperson at the offices
of the board.
(e)
Notice of any annual, regular, or
special meeting shall be provided to the public as required by RSA 91-A:2.
(f)
Notice of any annual, regular, or
special meeting shall be provided to each member and acting member of the board
in writing at an address the member shall provide to the board.
Source. #12035-A,
eff 11-4-16
Psyc 102.05 Committees.
(a) Pursuant
to RSA 329-B: 4, and in accordance with its requirements, the board shall
create and administer the following standing committees:
(1) The advisory
committee;
(2) The
committee for professional conduct investigations; and
(3) The
professional’s health committee.
(b) The
members of each standing committee shall meet the eligibility requirements set
forth in RSA 329-B: 6.
(c) Any other committee appointed by the board
to make recommendations on matters within the statutory authority of the board,
shall:
(1) Be deemed a
special committee to exist only until completion of its assigned task;
(2) Consist of one
or more members of the board; and
(3) Be chaired by a member of the board.
(d) Standing
committees and special committees shall make recommendations to the board, but
shall not take final action on behalf of the board.
Source. #12035-A,
eff 11-4-16
PART Psyc 103 PUBLIC REQUESTS FOR INFORMATION
Psyc 103.01 Record
of Board Actions. The board shall
keep records of:
(a) Actions
taken at all public and non-public board meetings in the form of written
minutes pursuant to RSA 91-A:2;
(b) All
applications for licensure, together with the disposition of the application;
(c) All
complaints filed against licensees, together with the disposition of the
complaint;
(d) All rules
adopted in accordance with RSA 541-A, as well as any petitions to adopt,
amend or repeal a rule; and
(e) All other
official actions of the board.
Source. #12035-A,
eff 11-4-16
Psyc 103.02 Custodian
of the Records. The office of professional
licensure and certification is the custodian of the board’s records at its
offices, and shall respond to requests to examine any portion of the board’s
records in accordance with the time limits set forth in RSA 91-A:4.
Source. #12035-A,
eff 11-4-16
Psyc 103.03 Copies
of Records. Persons desiring copies
of board records shall:
(a)
Identify as particularly as possible the
information being sought; and
(b)
If seeking a copy of a board record
subject to disclosure, agree to pay the actual cost of providing such copy,
which shall be:
(1) The
amount of $.25 per page for a paper copy in the size of 8 ˝ inches by 11
inches; or
(2) The
actual cost of the media and cost of reproduction for a record in any other
format, which cost shall be disclosed prior to the creation of such copy.
Source. #12035-A,
eff 11-4-16
Psyc 103.04 Records
Not Subject to Disclosure.
(a)
The board, and the office of
professional licensure and certification shall deny requests to access the
following board records:
(1) Minutes of non-public sessions sealed by the
board pursuant to RSA 91-A:3, III;
(2) Governmental records exempt from disclosure
under RSA 91-A:5;
(3) Records compiled in connection with
disciplinary investigations or disciplinary proceedings pursuant to RSA 329-B: 21,
provided that there shall be public disclosure of:
a. The
existence of a complaint and status of the investigation, without disclosing
the identity of those involved; and
b. The
written decision in all final disciplinary actions, including those which occur
without holding a public hearing, at the time the decision is served upon the
parties; and
(4) The office records of any client or patient
who receives psychological services from a licensee.
(b)
Notwithstanding the provisions of (a)
above, the board and the office of professional licensure and certification shall
disclose board records in accordance with the order of a court of competent
jurisdiction.
Source. #12035-A,
eff 11-4-16
CHAPTER Psyc 200 PRACTICE
AND PROCEDURE
PART Psyc 201 PURPOSE AND
APPLICABILITY
Psyc 201.01 Purpose. These rules set forth how the board conducts
proceedings to reach decisions on matters within its statutory jurisdiction.
These rules shall be construed to secure the just, efficient and accurate resolution
of such proceedings.
Source. #12035-A,
eff 11-4-16
Psyc 201.02 Applicability. These rules shall apply to the following types
of proceedings:
(a)
Adjudicative proceedings regarding the issuance, renewal, or other
status of a regular, emergency or temporary license to practice psychology;
(b)
Investigations of alleged misconduct by licensees;
(c)
Adjudicative proceedings seeking the imposition of disciplinary action
upon a licensee;
(d)
Public comment hearings;
(e)
Petitions for rulemaking; and
(f)
Requests for declaratory ruling.
Source. #12035-A,
eff 11-4-16
PART Psyc 202 DEFINITIONS
Psyc 202.01 Definitions. The following terms shall have the meaning
indicated when used in this chapter:
(a) “Administrative Prosecutions Unit” (APU) means
the administrative prosecutions unit of the New Hampshire attorney general’s
office;
(b) “Allegation” or “communication of alleged
misconduct” means information received by the board, in any format, suggesting
that a licensee might have engaged in professional misconduct that comes within
the jurisdiction of the board and meeting the criteria specified in Psyc 503.01(c);
(c) “Board” means the board of psychologists
created pursuant to RSA 329-B;
(d) “Board investigator” means “board
investigator” as defined in RSA 329-B:2, II;
(e) "Complaint" means a communication of
alleged misconduct containing information that, if true, could violate ethical
rules, administrative rules, or the law. A matter is considered a complaint
when the board orders the change of status from allegation to complaint;
(f) “Consent decree” means an agreement or
settlement to resolve a complaint following the issuance of a notice of
hearing;
(g) "Corrective action" means a written
agreement between the board and a licensee to resolve a formal complaint
whereby the licensee agrees to make certain changes in his or her practice, to
accept clinical supervision, and/or to take some recommended program of study
to resolve a complaint of misconduct presented to the board pursuant to RSA
329-B:21, III;
(h) “Corrective supervision” means the board
mandated professional supervision of a licensee to remediate faulty
professional practices;
(i) “Corrective supervisor” means a board licensed
psychologist with prior experience in clinical supervision, training
supervision, and mandated therapy, who provides supervision to a licensee
pursuant to the board’s direction in order to remediate faulty professional
practices;
(j) “Data” means all information relevant to an
investigation, including but not limited to:
(1) Oral or written statements;
(2) Reports;
(3) Maps;
(4) Charts;
(5) Drawings;
(6) Photographs;
(7) Audio or video recordings;
(8) Computer programs;
(9) Electronic documentation; or
(10) Telephonic, oral, written, or electronic
communications;
(k) "Disciplinary proceeding" means an
adjudicative proceeding commenced by the board for the purpose of examining alleged
misconduct by a licensee;
(l) “Investigation” means a gathering of data by
the board of psychologists concerning matters within its jurisdiction;
(m) "Order" means a document issued by
the board:
(1) Establishing procedures to be followed in an
adjudicative or nonadjudicative proceeding;
(2) Granting or denying a petition or motion;
(3) Requiring a person to do, or to abstain from
doing something; or
(4) Determining a person's rights to a license or
other privilege established by RSA 329-B;
(n) “Report of investigation (ROI)” means report
of information, facts and data gathered for the board of psychologists pursuant
to RSA 329-B; and
(o) "Settlement agreement" means a
written order of the board acknowledging consent of the licensee to enter
stipulated facts and impose disciplinary action to resolve certain allegations
of misconduct, made prior to the issuance of a notice of hearing.
(p) “Summary of investigation” means the report of
investigation with any legal analysis or legal recommendations removed.
Source. #12035-A,
eff 11-4-16; ss by #13089-A, eff 8-8-20
PART Psyc 203 WAIVERS
Psyc 203.01 Waiver of Procedural Rules.
(a)
No procedural requirement of the rules in this chapter shall be waived,
except for good cause as provided herein.
(b)
For the purposes of this section, good cause shall be deemed to exist
if:
(1) Adherence to the rule would cause undue
hardship to any party by:
a. Imposing unreasonable delay in the
implementation of relief;
b. Imposing unreasonable delay in the provision
of treatment; or
c. Imposing unreasonable and avoidable financial
burdens upon a party;
(2) Waiver of the rule would be consistent with
the enabling statutes and rules of the board;
(3) Waiver of the rule would not injure third
persons;
(4) Waiver is made necessary by factors outside
the control of the petitioner; and
(5) Waiver is not made necessary by neglect or malfeasance
on the part of the petitioner.
(c)
The procedures to be followed in the conduct of any adjudicative proceeding shall be subject to waiver by the
presiding officer based upon:
(1) The request of any party to the proceeding;
(2) A request assented to by all parties to the
proceeding; or
(3) The determination of the presiding officer
following notice to all parties and an opportunity for any party to be heard in
opposition to the proposed waiver.
(d)
The procedures to be followed in the conduct of any annual, regular, or
special meeting of the board, or any public comment proceeding, shall be
subject to waiver by the chairperson of the board upon the request of any
participant in such proceeding.
(e)
Notwithstanding (c) above, the decision of the presiding officer to
waive such procedures shall be overruled by a majority vote of the quorum of
the board disapproving of such action, in which case the applicable provisions
of these rules shall be followed.
(f)
In a proceeding requesting rulemaking or a declaratory ruling, no waiver
of required procedures shall be granted other than by a petition to waive such
procedures filed with the board.
(g) The person requesting relief shall:
(1) File an original and 10 copies of the petition
with the board;
(2) In such petition, clearly identify the rule in
question and the relief requested; and
(3) In such petition, set forth specific facts
and/or legal arguments which support the requested waiver.
(h) In a proceeding under (d) or (f) above, the
board shall consider the petition and rule upon the same only in a public
meeting duly noticed to the parties and the public in accordance with RSA
91-A.
Source. #12035-A,
eff 11-4-16
PART Psyc 204 INVESTIGATIONS
Psyc
204.01 Initial Procedure.
(a) The board shall make inquiry whenever it
receives information alleging violation by a licensed psychologist of any
statute indicating misconduct within the meaning of RSA 329-B:21, II, or
provision of Psyc 501.01 through 503.01.
(b) When the board receives information indicating
that a psychologist 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 which shall set forth the alleged misconduct and immediately
suspends the license for not more than 90 days pursuant to RSA 329-B:24.
(c) The exact length of the suspension shall be
determined by the board in a formal disciplinary proceeding pursuant to Psyc 205 of these rules on the specified issues.
(d) No investigation surrounding conduct
complained of shall occur if the adjudication of such conduct is barred by the
provisions of RSA 541-A:31.
Source. #12035-A,
eff 11-4-16
Psyc 204.02 Informal Resolution.
(a) The board shall dismiss an allegation when
the undisputed facts received from the complainant do not warrant disciplinary
action against a licensee because:
(1) The board lacks
jurisdiction over the subject matter of the alleged facts;
(2) The facts, taken
in a light most favorable to the complainant, do not allege a violation of RSA
329-B or the standards contained in Psyc 501.01
through Psyc 503.01; or
(3) So much time has
passed since the conduct complained of that disciplinary action is time barred
as a civil matter by RSA 508 or as a criminal matter by RSA 625:8.
(b) Allegations that are dismissed shall be
considered confidential and shall not be released to the public, pursuant to Psyc 103.04(a)(3).
(c) Allegations and complaints that are dismissed
or settled informally shall not be reportable by the licensee for any purpose
for any credential, or for insurance or any other business or professional
purpose.
(d) The board shall settle an allegation or
complaint informally by taking confidential nondisciplinary
action, provided that:
(1) The action
complies with RSA 329-B:21, IV or RSA 329-B:22, IX;
(2) The licensee has
been fully informed of all relevant facts in the possession of the board,
including a summary of investigation that has been prepared, and consents to
the action; and
(3) The individual
alleging misconduct is given an opportunity to comment upon the terms of the proposed
settlement.
Source. #12035-A,
eff 11-4-16; amd by #13089-A, eff 8-8-20
Psyc 204.03 Formal Investigation.
(a) A formal investigation shall be commenced when
the board determines that the allegations in its possession are sufficient, if
shown to be true, to lead to the imposition of disciplinary action pursuant to
RSA 329-B:21, and thus constitute a complaint.
(b)
Each complaint shall be reduced to writing, made under penalty of
unsworn falsification in accordance with RSA 641:3, and signed by a person who
is:
(1) At least 18 years of age;
(2) Acting up on his or her own behalf as a
complainant; or
(3) Acting as a person with legal responsibility
to represent the interests of a complainant who is unable to represent himself
or herself due to age or other legal disability.
(c)
A signature on a complaint shall be deemed a certification that the
person files the information with the board in good faith, and that the facts
set forth in the document are true to the best of his or her information and
belief.
(d) Investigations shall gather information
through various techniques, including but not limited to:
(1) Requests for additional information from the
complainant;
(2) Requests for a release of relevant records
belonging to or under the control of the petitioner; and
(3) Face-to-face meetings with the licensee,
potential witnesses and interested persons.
(e) Pursuant to RSA 329-B:22, I, information
gathered during such investigations shall be exempt from the public disclosure
provisions of RSA 91-A, provided that the board:
(1) Pursuant to RSA 329-B:22, shall disclose
information acquired to law enforcement or health licensing agencies in this or
any other jurisdiction, in response to specific statutory requirements or court
orders; and
(2) Shall promptly inform the licensee of the
nature and scope of any pending investigation.
(f)
A formal investigation of a complaint shall be commenced by the issuance
to the licensee of an order of investigation containing:
(1) The statutory or regulatory authority for the
investigation;
(2) The identity of the licensee who is the
subject of the investigation;
(3) The specific nature of the conduct being
investigated;
(4) Any statutes or rules, including Psyc 501.01 through 501.03, alleged to have been violated;
(5) The time, place and manner in which the
investigation is to be conducted, and whether the investigating officer shall
provide a preliminary report to the board;
(6) Any special authority conferred upon the
investigating officer, including the authority to issue subpoenas on behalf of
the board to obtain information and data to prepare its ROI and prepare to
prosecute the case;
(7) The name of the person or persons designated
as investigating officer; and
(8) Any other provision relevant to the issues
under investigation.
(g) The formal investigation shall be strictly
limited to matters set forth in the order of investigation, provided that:
(1) Any party
or the board’s investigator may request a change to an order of investigation
by filing a motion with the board setting forth specific facts in support of
the request; and
(2) Unless assented to by all parties, the board
shall conduct a hearing on the matter in accordance with Psyc
205.15.
(h) At the conclusion of an investigation, the
professional conduct investigator, under the supervision of the board
investigator as outlined in Psyc 204.05(b), shall
provide a written ROI to the board.
(i) After receiving
the ROI, the board shall request further investigation if it receives new
material information, or upon determining that some aspect of the initial
allegation was not thoroughly explored.
(j) The ROI shall be considered confidential,
provided that the ROI shall be:
(1) Provided to the board;
(2) Considered public, subject to the confidentiality provisions of Psyc 204.04, if it is introduced as evidence in a
disciplinary hearing;
(3) Provided to relevant law enforcement agencies when mandated by law
or when the board suspects criminal activity has occurred;
(4) Provided to other licensing bodies from which the licensee holds or
seeks to hold a professional license or registration, in response to a request
from such bodies;
(5) Provided to board investigators and prosecutors;
(6) Provided to the
licensee, in the form of a summary of the facts contained in the ROI, in contemplation of good faith settlement proceedings; and
(7) Provided to the corrective supervisor if corrective supervision is
ordered by the board.
Source. #12035-A,
eff 11-4-16
Psyc 204.04 Handling
of Psychological Records.
(a) Pursuant to RSA 329-B:22, VI, if it determines that just cause exists to do
so, the board shall subpoena psychological records from its licensees,
hospitals, or other health care providers licensed in New Hampshire.
(b) In the event that the client or patient
owning the privilege of psychology records sought by the board is the person
who has made the allegations against the licensee, the board shall have access
to such records.
(c) In the event that the client or patient named
in the complaint is a child, the legitimate assertion of the privilege by one
natural parent or adoptive parent or legal guardian is sufficient for this
paragraph to apply. The board may act on
that parent or guardian’s initiation of a complaint regardless of the objection
of the other parent or guardian.
(d) In the event that the person alleging
misconduct against the licensee is not the owner of the privilege for the
records of the client or patient named in the complaint, the records for an
investigation shall be treated as follows:
(1) When the board
reviews the initial allegations and upon all further reviews of the case by the
board, the identity of the named client/patient shall be redacted from the
documents reviewed by the board;
(2) Upon issuance by
the board of an order of investigation, but prior to the assignment of the case
to a member of the professional investigation team, the name of the client or
patient shall be provided to the immediate investigative team in order to determine
the need for recusal of those members before accepting assignment as described
in paragraph (h);
(3) The record of the
client or patient under this paragraph that has been specifically named in the
complaint shall be obtained by the professional investigative team as follows:
a.
The board may order its administrator or investigator to request
permission from the client or patient to obtain the record for the
investigation, informing the client or patient about the bounds of
confidentiality of such records and the nature of the investigation process. If
the client or patient grants permission, the board may obtain the copies of the
record from the licensee;
b. If the
client/patient denies permission for access to the record, or if the board
chooses to omit the request for permission, the procedures of subparagraphs
(e)(4), (5), (6), and (8) shall apply to the handling of those records and
requests for interviews;
(4) Personally
identifiable information pertaining to the client or patient under this
subparagraph shall remain known only to the immediate investigation team
assigned to the case, including, but not
limited to, the board investigator, any administrative prosecution unit
attorney assigned to the case, a professional conduct investigator, the board
administrator;
(5) All communication
beyond the immediate investigation team pertaining the client or patient named
in the complaint shall be conducted without the use of personally identifying
information;
(6) The name of the
client or patient under this subparagraph shall not be disclosed to the public
in any manner or in any proceeding of the board without his or her consent.
(e) Records of client/patients who are not named
in the initial allegations shall be treated as follows:
(1) If the
investigation team wishes to obtain records of, or contact, clients/patients
not named in the original order of investigation, the investigation team shall
make its request to the board with reasons for the request, shall specify the
scope of cases and types of records requested, and shall state the name of the
individual authorized to contact any client/patient;
(2) Upon issuance of
an order of investigation by the board pertaining to treatment of patients
defined in this subparagraph, the names of the clients/patients that fulfill
the criteria of selection may be made available to the immediate investigation
team for purposes of determining whether recusal issues pertain to their
selection for the investigation as described in subparagraph (g);
(3) If the board
orders investigation into client/patient cases who are not named in the
original allegations, it shall specify whether these clients/patients may be
contacted directly by the investigation team;
(4) For records
requested under this subparagraph, a licensee shall be instructed to provide
records that are redacted of personally identifiable information. Each record shall be marked with an
identifying code and the licensee shall provide to the board administrator the
contact information for corresponding clients/patients as specified in
paragraph (g);
(5) The board
administrator shall separately store in a secure manner the list of these
client/patient codes with corresponding contact information;
(6) In the event the
investigation team has just cause to verify its redacted copies against
originals of the records of specified cases, it shall request permission of the
board giving reason for its request. If
the board grants permission, the investigation team may have access to the
identified records. Originals of the records may be viewed at a time and
location determined by the investigation team. The investigation team may request a copy of
the identified original records be sent to the immediate investigation team. The investigation team may then proceed to
review the original or copies of the identified records in comparison with the
redacted copies to ascertain their completeness and accuracy. Copies and corrections to the redacted records
may be made by the investigation team, after which any identified copies in the
possession of the investigation team shall be destroyed and original records
returned to the licensee;
(7) When permission
has been granted by the board pursuant to subparagraph (e)(1) to contact
clients/patients pertaining to this subparagraph, access to the contact
information is limited to the professional conduct investigators and
administrative prosecution unit attorneys assigned to the case, the
administrative clerk who manages the confidential files of the case, and any
assistants specifically approved by the board for contact;
(8) The member of the immediate investigation team
making contact with clients/patients pursuant to subparagraph (e)(1), shall
request permission from the clients/patients to conduct an interview and shall
include an explanation that they may grant or refuse permission for such
interview and that there are no adverse personal consequences of any kind for
refusal to grant permission or for withdrawing permission at any time in the
process. The investigation team member
may inform the clients/patients that refusal to participate may prevent the
investigation to proceed or reach a conclusion. The investigation team member shall predicate
continuation of the interview on the client/patient’s agreement to a
confidentiality agreement concerning the licensee and the existence of the
investigation;
(9) At the conclusion
of the investigation and prior to review of the report of investigation, the
identity of the client/patient under this paragraph shall be disclosed to
members of the board to determine the need for recusal of its members as
described in subparagraph (g);
(10) The identity of
each client/patient shall be redacted by the administrator or investigation
team from any documents reviewed by the board;
(11) The identity of
a client/patient defined in this subparagraph shall not be disclosed to the
public in any manner or in any proceeding of the board without his or her
consent;
(f) The mental health records obtained through
subparagraphs (a), (b), and (c) shall, if archived, be treated as follows:
(1) At or before the
conclusion of the licensee investigation case, including all disciplinary
action and completion, remediation and sanctions ordered and completed, and
completion of all appeals, and appeal periods, the client/patient records shall
be reduced to those clients/patients and sections of records that had been
included in the prosecution, defense, deliberation, and determination of the
case. Client/patient materials not pertinent to the above shall be destroyed;
(2) Materials retained in subparagraph (d)(1) pertaining to
clients/patients other than the complainant shall be redacted of all personally
identifiable information; and
(3) The identification and contact information collected
during the investigation for clients/patients other than the complainant shall
be destroyed prior to archiving.
(g) The archived mental health records shall be
destroyed according to the attorney general’s archive destruction schedule.
(h) In the process of determining recusal, the
security of the client/patient’s identity shall be preserved, as follows:
(1) Before engaging
in any cases as defined in subparagraph (d), board members, investigators, and
others as specified in this paragraph with access to case files shall first
review the name of the client/patient before proceeding with the case. If a conflict of interest is revealed, that person
shall recuse himself or herself from the case.
(2) Before engaging
in any cases defined in subparagraph (e), the immediate investigation team
members at the onset of investigation, board members at the time of reviewing
the findings of the formal investigation, and any others authorized in this
paragraph to have access to the case prior to commencing review of such cases
shall first determine if there is a need for recusal. The name and town of the client/patient shall
be embedded in a list of at least 12 other names and towns prepared by the
board administrator. The list shall be
reviewed by the team member in the presence of the board administrator. Telephonic review is permitted. The member shall not retain a written record
of the list. The member shall indicate
which if any names would present reasons for recusal for that member. If the names indicated by the member do not
include the client/patient as known to the administrator, then the member shall
be permitted to participate in the case.
(3) If a
client/patient as defined in subparagraphs (d) or (e) testifies or intends to
attend the hearing of the case involving his or her treatment, in which the
board may see the client/patient inadvertently or directly, the client/patient’s
name shall be revealed to the board members so that they may have the
opportunity to recuse themselves prior to the proceeding, and the
client/patient shall be informed beforehand of such disclosure.
(4) For recusal
issues pertaining to clients/patients selected under paragraph (e) of this
section, the investigation team shall review the names of the clients/patients
who qualify for the scope of investigation as defined in the order by the
board, after which team members shall determine if recusal issues occur. The names and towns of the selected
clients/patients shall be embedded in a list containing at least 25 percent
other names and towns prepared by the board administrator. The list shall be reviewed by the team member
in the presence of the board administrator. Telephonic review is permitted. The member shall not retain a written record
of the list. Each member shall indicate
which if any names would present reasons for recusal for that member. If the names indicated by the member do not
include the clients/patients as known to the administrator, then the member
shall be permitted to participate in the case. If a case presents a recusal issue, then the
investigation team shall either disqualify clients/patients from the list or
shall disqualify the team member from handling those cases, as the expeditious
handing of the investigation and the interests of justice require.
(5) When board
members review the reports of investigations that include case information
pertaining to clients/patients as defined in subparagraph (e), they shall
review their names prior to reading such reports in the following manner:
a. If there are 10 or
fewer cases with individual clinical information presented, then the methods of
testing for recusal shall follow the recusal procedures of subparagraph (g)(2).
b. When the report
includes clinical information pertaining to more than ten cases, then the
recusal methods of subparagraph (g)(4) shall apply.
c. When such
clients’/patients’ information is presented only in aggregate form, no recusal
is required.
(i) Testimony by
clients/patients shall be handled with utmost regard for their privacy and
protection of their identity from public disclosure.
(1) A client/patient
as defined under subparagraphs (d) or (e) shall not be compelled to testify at
a board hearing.
(2) If a client/patient as defined in
subparagraphs (d) or (e) testifies at a hearing, his or her identity shall be
screened from the public view and knowledge, although the respondent and
attorneys shall be within the view of the client/patient. The board may view the client/patient. The
public’s access to the view or information that would identify the
client/patient shall be restricted. At
the board’s discretion, the hearing may be closed to the public for the
duration of the client/patient’s testimony.
(3) If a
client/patient who is party to the complaint requests such privacy safeguards
as in subparagraph (i)(2), the accommodations of that
subparagraph may likewise be made at the discretion of the board.
(j) Licensees shall comply with board requests for
client/patient records and all redaction requirements specified under this
section. Failure to comply with lawful requests of the board under this section
may subject the licensee to discipline as the board may determine.
(k) For purposes of this section, “personally identifiable information” means
information which identifies an individual or which a
reasonable person would believe can be used to identify an individual, which
includes common and uncommon identifiers, including but not limited to name,
address, birth date, social security number, court docket number, insurance
policy number, and any other identifiers of an individual and of the
individual’s known relatives, household members, and employers that a
reasonable person would believe could identify the individual to whom the
record pertains.
(l) For purposes of this section, “record” means
health information collected from or about an individual that:
(1) Is created or received by a health care provider, health
plan, employer, or health care clearinghouse; and
(2) Relates to the individual, the past, present,
or future physical or mental health or condition of an individual, the
provision of health care to an individual, or the past, present, or future
payment for the provision of health care to an individual.
Source. #12035-A,
eff 11-4-16
Psyc 204.05 Board
Investigator.
(a) The board shall create a professional conduct
investigation committee to assist the board in carrying out its responsibilities
under RSA 329-B:22 and RSA 329-B:23.
(b) Pursuant to RSA 329-B:4, II, the board shall
designate a member to serve as the board investigator, provided that:
(1) No board member shall be so designated if the
selection would be contrary to RSA 329-B:22, II;
(2) No board member shall be so designated if the
nature of the investigation would constitute employment or retention contrary
to RSA 329-B:22, III; and
(3) Any board investigator shall serve at the
pleasure of the board.
(c) The board investigator shall:
(1) Serve as chair of the professional conduct investigation
committee;
(2) Oversee any other persons who are appointed by the board to
investigate a complaint;
(3) Assign cases to appointed investigators;
(4) Arrange training and supervision of appointed investigators as
appropriate; and
(5) Supervise the creation of any ROI that is provided to the full board.
(d) Any
person who has been trained to discover facts and render reports to the board
shall be eligible for service as a member of the professional conduct
investigation committee at the pleasure of the board, but preference shall be
given to psychologists who are willing to serve.
Source. #12035-A,
eff 11-4-16
PART Psyc 205 ADJUDICATIVE
PROCEEDINGS
Psyc 205.01 Hearings.
(a) The board shall
commence an adjudicative proceeding to resolve any disciplinary or licensure
allegation arising under this chapter which has not been resolved in accordance
with Psyc 204.02.
(b)
Once an adjudicative proceeding has been commenced, no party shall
communicate with a participating member of the board
concerning the merits of the case except upon notice to all parties and in
accordance with the rules of this chapter.
Source. #12035-A,
eff 11-4-16
Psyc 205.02 Presiding Officer, Appointment: Authority.
(a) The board shall appoint a person to preside at
the hearing who shall be:
(1) A member of the board; or
(2) A nonmember retained to serve as the hearing
officer pursuant to RSA 329-B:22, III, if the board determines that:
a. The issues are of unusual complexity;
b. Hearings on procedural matters and the issues
in contention will consume an amount of time that would substantially interfere
with the ordinary business of the board; or
c. More than 2 members are recused from hearing
the matter.
(b) The presiding officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution of the
subject matter of the hearing;
(3) Administer oaths and affirmations;
(4) Request the board, or its designee to issue
subpoenas to compel the attendance of witnesses at hearings or the production
of documents or objects, pursuant to RSA 329-B:22, V(a);
(5) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(6) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer's own motion;
(7) Question any person who testifies;
(8) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, III (f);
(9) Lead the process of preparing all written
decisions to be issued upon pending motions or the final disposition of the
case; and
(10) 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. #12035-A,
eff 11-4-16
Psyc 205.03 Withdrawal of Presiding Officer.
(a) Upon his or her own initiative or upon the
motion of any party, a presiding officer shall, for good cause, withdraw from
any hearing.
(b) Good cause shall exist if a presiding officer:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship
with any party;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case; or
(3) Personally believes that he or she cannot
fairly judge the facts of a case.
(c) Mere knowledge of the issues, or mere
acquaintance with a party or any witness shall not constitute good cause for
withdrawal.
(d) If a member of the board withdraws in
accordance with this section, the member shall also recuse himself or herself
from any further connection with the investigation or disciplinary action
against the licensee.
Source. #12035-A,
eff 11-4-16
Psyc 205.04 Roles of Board Staff and Complainants.
(a) Unless called as witnesses, board staff shall have
no role in any enforcement or disciplinary hearing.
(b) Unless called as a witness or granted party or
intervener status, a person who initiates an adjudicative proceeding by
complaining to the board about the conduct of a licensee shall have no role in
any enforcement or disciplinary hearing regarding the licensee.
Source. #12035-A,
eff 11-4-16
Psyc 205.05 Filing and Format of Documents.
(a) All correspondence, pleadings, or
communications intended for the board shall:
(1) Be addressed to the board's office in care of
its administrative assistant;
(2) Be considered filed when it is actually
received at the board's office in Concord;
(3) Include the title and docket number of the
proceeding, if known; and
(4) Be typewritten or clearly printed on durable
paper 8 ˝ by 11 inches in size.
(b) Original petitions, motions, exhibits,
memoranda or other documents filed in connection with a request for board
action shall be filed together with 10 copies,
(c) Notwithstanding (b) above, only a single copy
shall be filed of:
(1) Transmittal letters;
(2) Requests for public information;
(3) License applications; and
(4) A communication of alleged misconduct against
a licensee.
(d) Documents in an adjudicative proceeding shall
not be filed electronically or by facsimile transmission.
Source. #12035-A,
eff 11-4-16
Psyc 205.06 Signature on a Document.
(a) A party or representative’s signature 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 grounds to support it; and
(4) The document has not been filed for purposes
of delay or harassment.
Source. #12035-A,
eff 11-4-16
Psyc 205.07 Computation of Time.
(a) Unless otherwise specified, all time periods
referenced in this chapter shall be calendar days.
(b) Pursuant to RSA 21:35:
(1) Except where specifically stated to the
contrary, when a period or limit of time is to be reckoned from a day or date,
that day or date shall be excluded from and the day on which an act should
occur shall be included in the computation of the period or limit of time; and
(2) If a specified date falls on a Saturday,
Sunday, or legal holiday, the document or fee shall be deemed timely filed if
it is received by the next business day.
(c) Communications from the board to a party sent
by United States mail shall be considered dated as of the date of the outgoing
postmark if different than the date appearing on the document itself.
(d) Communications to the board shall be
considered received on the received date so marked by the office.
Source. #12035-A,
eff 11-4-16
Psyc 205.08 Commencement of Proceedings and Notice.
(a) The board shall commence an adjudicative
proceeding by issuing a notice of hearing to the parties at least 15 days
before the initial prehearing conference or hearing date.
(b) The notice commencing an adjudicative
proceeding shall:
(1) Specify the time, place and nature of any
hearing;
(2) Summarize the subject matter of the proceeding
and identify the issues to be resolved;
(3) Specify the legislative authority for the
proposed action and identify any applicable board rules;
(4) Specify the date by which, and the address
where, appearances or motions by parties or representatives shall be filed;
(5) Specify the date, time, and location of an
initial prehearing conference or oral hearing;
(6) Identify the presiding officer for the
proceeding if other than the chairperson of the board;
(7) Identify any special procedures to be
followed;
(8) Identify any confidentiality requirements
applicable to the preceding;
(9) Specify that each party has the right to have
an attorney represent him or her at the party's own expense;
(10) A statement that each party has the right to
have the agency provide a certified shorthand court reporter at the party’s
expense and that any such request be submitted in writing at least 10 days
prior to the proceeding; and
(11) Contain such other information or attachments
as are warranted by the circumstances of the case, including, but not limited
to:
a. Orders consolidating or severing issues in
the proceeding with other proceedings; and
b. Initial orders regarding the production or
exchange of documents.
Source. #12035-A,
eff 11-4-16
Psyc 205.09 Appearances and Representation.
(a) A party or the party's representative shall
file an appearance that includes the following information:
(1) A brief identification of the matter;
(2) A statement as to whether or not the
representative is an attorney and if so, whether the attorney is licensed to
practice in New Hampshire; and
(3) The party or representative's daytime address
and telephone number.
(b) Any changes to the information in (a) above
shall be filed in writing with the board, and a copy provided to all other
parties to the proceeding.
Source. #12035-A,
eff 11-4-16
Psyc 205.10 Intervention.
(a) Motions to intervene shall state with
particularity:
(1) The petitioner's interest in the subject
matter of the hearing;
(2) Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired; and
(3) Any other reasons why the petitioner should be
permitted to intervene.
(b) Motions to intervene shall be granted if:
(1) The
petitioner shows a substantial interest in the proceeding and qualifies for
intervention in accordance with RSA 541-A: 32;
(2) The petitioner requested intervention in accordance with RSA
541-A;32; and
(3) Granting intervention will not prejudice a party or unduly
delay the board's proceedings.
(c) Once granted leave to intervene, an intervenor
shall take the proceeding as he or she finds it, and no portion of the
proceeding shall be repeated because of the fact of intervention.
Source. #12035-A,
eff 11-4-16
Psyc 205.11 Consolidation or Severance.
(a) Two or more adjudicative proceedings shall be
consolidated for hearing, if:
(1) The proceedings involve the same licensee, or
substantially related issues;
(2) The board receives a motion from one or more
parties seeking such consolidation; and
(3) The board determines, after notice to the
parties and an opportunity for hearing, that fairness, accuracy and efficiency
would be served by such an action.
(b) The board shall sever one or more issues from
an adjudicative proceeding if:
(1) The board receives a motion from one or more
parties seeking such severance; and
(2) The board determines, after notice to the
parties and an opportunity for hearing, that fairness, accuracy and efficiency
would be served by such an action.
Source. #12035-A,
eff 11-4-16
Psyc 205.12 Prehearing Conference.
(a) The presiding officer upon motion from a
party, or upon his or her own initiative, shall require the parties to attend
an initial prehearing conference when such a conference would assist in
planning for the prompt and efficient disposition of the proceeding.
(b) Matters to be addressed at the initial
prehearing conference shall include, but not be limited to:
(1) The distribution of exhibits and written
testimony, if any, to the parties;
(2) Opportunities and procedures for
simplification of the issues;
(3) Possible amendments to the pleadings;
(4) Opportunities and procedures for settlement;
(5) Possible admissions of fact and authentication
of documents to avoid unnecessary proof;
(6) Possible limitations on the number of
witnesses and possible limitations on the scheduling of witnesses;
(7) Possible changes to the standard procedures
which would otherwise govern the proceeding;
(8) The identification of any pending motions and
objections, including those for the production of information pursuant to Psyc 205.17, and the production, use, and archival of
psychological records, with a timetable for the release of rulings on such
motions; and
(9) Other matters which might contribute to the
prompt and orderly conduct of the proceeding.
(c) If the parties agree that facts material to
the subject matter of the proceeding are in dispute, but personal observation
of the witnesses or the immediate opportunity for cross-examination of
witnesses is not required, the proceeding shall consist of the submission of
affidavits and memoranda to the board.
(d) If the parties agree that no facts material to
the subject matter of the proceeding are in dispute, the proceeding shall be
limited to the submission of memoranda to the board which argue the conclusions
the parties wish the board to draw from the undisputed facts.
(e) If the parties do not agree to one of the
methods of proceeding in ([a]c) above, the matter shall:
(1) Proceed to an adjudicatory hearing before the
full board in accordance with the prehearing conference report and order; or
(2) Proceed to hearing before a single hearings
officer in accordance with Psyc 205.02.
(f) At the conclusion of the prehearing
conference, a written order shall be prepared setting forth the resolution of
the issues noted in (b) above and the times set for further proceedings in the
matter.
Source. #12035-A,
eff 11-4-16
Psyc 205.13 Record of the Hearings.
(a) The board shall record all hearings by tape
recording or other method that will provide a verbatim record of the proceedings.
(b) A stenographic recording of the hearing shall
be taken and preserved in all hearings involving:
(1) The issuance, renewal, or
other status of a regular, emergency or temporary license to practice
psychology; and
(2) Disciplinary action upon a licensee.
(c) If any person requests a transcript of the
recording of a hearing, the board shall:
(1) Cause an estimate of the cost to transcribe
the recording to be prepared, and provided to the person requesting the
transcript; and
(2) Upon receipt of payment for the cost of the
transcription, authorize preparation of the transcript and transmittal of the
document to the board and a copy to the person making the request.
Source. #12035-A,
eff 11-4-16
Psyc 205.14 Delivery of Documents.
(a) All documents filed by any party in connection
with an adjudicative proceeding shall be delivered to all other parties to the
proceeding by:
(1) Depositing a copy of the document in the
United States mails, first class postage prepaid, addressed to the last address
given to the board by the person being served, no later than the day the
document is filed with the board; or
(2) Delivering a copy of the document in hand on
or before the date it is filed with the board.
(b) When a party's representative has filed an
appearance, delivery shall be to the representative.
(c) Except for exhibits distributed at a
prehearing conference or hearing, every document filed with the board in a
proceeding shall be accompanied by a certificate, signed by the person making
delivery, attesting to the method of delivery, date of delivery, and the
parties to whom delivery was made.
Source. #12035-A,
eff 11-4-16
Psyc 205.15 Motions and Objections.
(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 the nature of the relief requested requires oral
presentation upon short notice.
(b) All motions shall state clearly and concisely
in separately numbered paragraphs:
(1) The purpose of the motion;
(2) The relief sought by the motion;
(3) The statutes, rules, orders, or other
authority authorizing the relief sought by the motion; and
(4) The facts claimed to constitute grounds for
the relief requested by the motion.
(c) Objections to motions shall state clearly and
concisely:
(1) The objection or defense of the party filing
the objection to any fact or request in the motion, set forth in separate
paragraphs numbered identically to the paragraphs in the original motion;
(2) The action which the party filing the
objection wishes the board to take on the motion;
(3) The statutes, rules, orders, or other
authority relief upon in defense of the motion; and
(4) Any facts which are additional to or different
from the facts stated in the motion.
(d) All motions and objections shall contain the
signature required by Psyc 205.04.
(e) Objections to motions shall be filed within 10
days after the filing of the motion.
(f) Failure to object to a motion within the time
allowed shall constitute a waiver of objection to the motion, but shall not in
and of itself constitute grounds for granting the motion.
(g) The presiding officer shall rule upon a motion
only after the time for objection has passed, and after full consideration of
all objections received and other factors relevant to the motion.
Source. #12035-A,
eff 11-4-16
Psyc 205.16 Postponement Requests and Failure to Attend
Hearing.
(a) Any party or intervener 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 there is good cause to do so.
(c) Good cause shall include:
(1) The unavailability of parties, interveners,
representatives of parties or interveners, or witnesses necessary to conduct
the hearing;
(2) The likelihood that a settlement will make the
hearing or its continuation unnecessary; and
(3) Any other circumstances that demonstrate that
a delay or continuance would assist in resolving the case fairly.
(d) 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.
(e) 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.
(f) If any party to whom notice has been given in
accordance with Psyc 205.08 fails to attend a
hearing, the presiding officer shall declare that party to be in default, and:
(1) If the party has the burden of proof, the
matter shall be dismissed; or
(2) If a party does not have the burden of proof,
the testimony and evidence of any other parties or interveners shall be
received, and the matter shall proceed to a decision.
(g) A party may move to strike the default within
10 days of receipt of an order imposing the default if there is just cause
shown for failure to attend.
(h) Just cause shall include:
(1) Illness of the party that prevented
attendance;
(2) Accident involving the party that prevented
attendance; or
(3) Some other circumstance beyond the control of
the party that does not involve neglect or inattention to the proceeding.
Source. #12035-A,
eff 11-4-16
Psyc 205.17 Production of Information.
(a) The board shall provide for the disclosure to
the parties of any investigative report, including but not limited to the ROI
created under the direction of the board investigator, or other unprivileged
information in the possession of the board, which is reasonably related to the
subject matter of the proceeding.
(b) Each party shall attempt in good faith to make
complete and timely response to requests for the voluntary production of
information or documents relevant to the hearing.
(c) Any party may by motion request the presiding
officer to order the parties to comply with information requests. Such motion
shall be filed at least 30 days prior to the date scheduled for hearing, or as
soon as possible after receiving the notice of hearing if the hearing will be
held less than 30 days in the future.
(d) The motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(e) The presiding officer shall grant the motion
if the parties cannot voluntarily resolve the request for information, and the
moving party has demonstrated that the information is necessary for a full and
fair presentation of the evidence at a hearing.
(f) At least 5 days before the hearing, the
parties shall provide to the other parties and interveners:
(1) A list of all witnesses to be called at the
hearing together with a brief summary of their testimony;
(2) A list of all documents and exhibits to be
offered as evidence at the hearing; and
(3) A copy of each document or exhibit.
Source. #12035-A,
eff 11-4-16
Psyc 205.18 Subpoenas.
(a)
Subpoenas for the attendance of witnesses or the production of evidence
in investigations or adjudicative proceedings shall be issued upon the order of
the board by specific resolution or order, or by rule.
(b)
In adjudicative proceedings, a party requesting the board to authorize a
subpoena shall attach a copy of the proposed subpoena to its motion. If the motion is granted, the requesting party
shall be responsible for the service of the subpoena and payment of any
applicable witness fee and mileage expenses.
(c)
Motions to quash or modify a subpoena shall be entertained from the
person to whom the subpoena is directed, if filed within 7 days after service
of the subpoena, or one day before the date specified in the subpoena for
compliance therewith, whichever is later. If the board denies the motion to
quash or modify, in whole or in part, the person to whom the subpoena is
directed shall comply with the subpoena or any modification thereof, within the
balance of time prescribed in the subpoena or within 3 days from the date of
the board's order, whichever is later, unless the board expressly provides
additional time to comply.
(d)
Should a person fail to comply with a subpoena issued pursuant to this
section, the board shall take one or more of the following actions:
(1) Impose
sanctions specific to any pending proceeding or investigation, including, but
not limited to, entry of a default judgment as to some or all of the pending
issues which is adverse to the noncompliant party;
(2) Institute a separate investigation against
any non-compliant individual who is subject to the board's jurisdiction; and
(3) Continue with the proceeding and defer all,
or part, of the judicial subpoena enforcement issues.
Source. #12035-A,
eff 11-4-16
Psyc 205.19 Evidence.
(a) Receipt of evidence and official notice of
facts, the record of other proceedings before the board, generally recognized
scientific or technical facts, or codes or standards adopted by the board shall
be governed by the provisions of RSA 541-A:33.
(b) All objections to the admissibility of
evidence shall be stated as early as possible in the hearing, but not later
than the time the evidence is offered.
Source. #12035-A,
eff 11-4-16
Psyc 205.20 Inquiry by Presiding Officer or Board
Members. The presiding officer or
board members shall make such inquiry of witnesses, parties or counsel, as they
believe necessary to develop a sound record for decision.
Source. #12035-A,
eff 11-4-16
Psyc 205.21 Burden of Proof. The party asserting the affirmative of a
proposition shall have the burden of proving the truth of that proposition by a
preponderance of the evidence.
Source. #12035-A,
eff 11-4-16
Psyc 205.22 Proposed Findings of Fact and Conclusions
of Law.
(a) Parties may submit proposed findings of fact
or conclusions of law which shall be set forth in separately numbered
paragraphs.
(b) The presiding officer shall direct all parties
to submit proposed findings of fact or conclusions of law. Individual rulings
upon such proposed findings or conclusions shall be included as part of any
proposed or final decision or order issued.
(c) Oral argument to the full board, other than a
brief opening and closing statement, shall be permitted only when requested in
a written motion, which demonstrates a substantial need for such a procedure.
(d) Written argument in the form of legal
memoranda shall be permitted subject to such filing schedules as the board
shall direct by written order, or orally during the conduct of the hearing.
(e) The board shall schedule supplemental argument
or hearing, or otherwise reopen the record, at any time prior to the
issuance of a final order in a proceeding upon motion of a party or a member of
the board, alleging:
(1) Receipt of new evidence which could not have
been presented at the time of the hearing;
(2) Receipt of evidence that a new statute has
become applicable, or other legal precedent has been received that could alter
rulings of law in the matter; or
(3) A majority of the board determines that
additional testimony or legal argument should be received and considered in the
matter.
Source. #12035-A,
eff 11-4-16
Psyc 205.23 Decisions.
(a) If the disposition of the matter depends upon
the credibility of any witness, no board member shall participate in the
deliberation of the decision unless he or she personally was in attendance for
all of the witness’s testimony in the case, in order to effectively assess the
issue of credibility.
(b) If the record provides a reasonable basis for
evaluating the testimony of all witnesses in the matter, a board member may
participate in the deliberation of the decision even if not personally present
to hear the testimony of the witness.
(c) When the board has directed a hearings officer
to receive evidence and enter a proposed decision:
(1) There shall be no communications between the
hearings officer and the board members concerning the merits of the case;
(2) The board members shall not participate in
the questioning of witnesses at the hearing;
(3) Following the close of the hearing, the
proposed decision of the hearings officer shall be served upon the parties and
the board; and
(4) Following the receipt of the proposed decision
of the hearings officer, all written pleadings, and the receipt of any oral
argument, the board shall deliberate to a decision.
(5) The board decision shall:
a. If the factual conclusions support the
proposed decision by the hearing officer and the board determines that the
discipline imposed is commensurate with the misconduct found, adopt the
proposed decision without change;
b. If the board concurs with the factual
conclusions but determines the discipline is unfair or insufficient, modify the
proposed decision by majority vote; or
c. If there are incomplete factual conclusions, refuse
to approve or modify the proposed decision, and determine what additional
proceedings are required to reach a final decision.
(d) The parties may file exceptions and supporting
memoranda of law for review by the board within 30 days from the date the
proposed decision was served.
(e) Each party may file one additional written
reply pleading within 15 days following service of the original exception or
memoranda.
(f) If a party wishes to present oral argument to
the board regarding the proposed decision, the party shall file a separate
motion for oral argument within the time allowed for filing exceptions or
replies to exceptions.
(g) The board shall keep a final decision in its
records for at least 5 years following its dates of issuance.
(h)
Orders of the board shall take effect on the date they are served upon
the parties.
Source. #12035-A,
eff 11-4-16
Psyc 205.24 Motion for Rehearing, Reconsideration or
Clarification.
(a) A motion for rehearing, reconsideration or
clarification shall be filed within 30 days after service of a final
adjudicative order.
(b) Any member of the board who participated in
the decision may seek rehearing, reconsideration or clarification of a final
adjudicative order by motion presented to the remaining board members within 30
days after entry of a final adjudicative order.
(c) The motion shall state with specificity those
points of law or fact that:
(1) The board is alleged to have overlooked or
misapprehended;
(2) How the order is alleged to be unclear or
internally inconsistent;
(3) Show how the order is alleged to be unlawful,
unjust, or illegal in respect to jurisdiction, authority or observance of the
law; or
(4) Show how the order is alleged to be an abuse
of discretion, or is arbitrary, unreasonable or capricious.
(d) Each motion for rehearing, reconsideration, or
clarification shall be served on all parties to the proceeding in accordance
with these rules.
(e) No answer to a motion for rehearing,
reconsideration or clarification shall be required, but any answer or objection
filed by another party shall be delivered to the board within 10 days following
notification that the motion to reconsider has been filed with the board.
(f) The board shall deny the motion unless the
board finds that a relevant rule, point of law or fact has been overlooked or
misapprehended, or that the decision is unlawful, unjust, or unreasonable, but
may in all cases amend its order to clarify any items alleged to be unclear or
inconsistent.
Source. #12035-A,
eff 11-4-16
Psyc 205.25 Motion for Rehearing or Reconsideration
Granted.
(a) If the motion of any party or board member for
rehearing or reconsideration is granted, the process for commencement of an
adjudicative proceeding shall begin again, with notice to all affected parties.
(b) The scope of any rehearing or reconsideration
including the issues to be heard and the introduction of the previous record
into evidence shall be determined by the presiding officer at a new prehearing
conference called for the purpose.
Source. #12035-A,
eff 11-4-16
Psyc 205.26 Stay of Board Orders.
(a) Board actions shall be stayed only in response
to a specific motion requesting a stay or by the board acting on its own
motion.
(b) A motion for stay shall be considered only if
it is filed within the time period for requesting reconsideration, and shall
demonstrate good cause sufficient to warrant the stay of an action by the New
Hampshire Superior Court.
(c) A stay of board action shall be
specifically requested. The mere filing of a motion for reconsideration shall
not operate as a stay of any order, but a motion for stay may be combined with
a motion for reconsideration.
Source. #12035-A,
eff 11-4-16
PART Psyc 206 RULEMAKING
Psyc 206.01 Procedure
for Adopting Rules. The board shall
seek to adopt any rule, or an amendment or repeal thereof, by filing a
rulemaking proceeding in accordance with RSA 541-A.
Source. #12035-A,
eff 11-4-16
Psyc 206.02 Petition for Rulemaking.
(a) Any person may request the board to adopt,
amend, or repeal a rule by filing a petition with the board which contains the
following information:
(1) A statement of the petitioner's interest in
the proposed rulemaking action;
(2) The text of the proposed new rule;
(3) The text of a proposed amendment to an
existing rule;
(4) The text of any existing rule which the
petitioner wishes to have repealed;
(5) A statement of the particular results intended
by the petitioner to flow from the proposed rulemaking proceeding; and
(6) Any data or legal argument the petitioner
believes would be useful to the board in evaluating
whether the
proposed rulemaking proceeding should be commenced.
Source. #12035-A,
eff 11-4-16
Psyc 206.03 Disposition of Petition for Rulemaking.
(a) Within 30 days of the submission of a petition,
the board shall:
(1) Deny the petition by written order, stating
its reasons for the denial; or
(2) Initiate rulemaking proceedings, pursuant to
RSA 541-A:4.
(b) The board shall deny a petition if it finds
that:
(1) The petition for rulemaking seeks a change
that is not consistent with published declaratory rulings of the board;
(2) The board lacks rulemaking authority over the
issues in the petition; or
(3) The petition is contrary to legislative
intent.
Source. #12035-A,
eff 11-4-16
PART Psyc 207 PUBLIC COMMENT HEARINGS
Psyc 207.01 Public Access and Participation.
(a) Public comment hearings shall be open to the
public, and members of the public may provide information to the board, subject
to the limitations of these rules.
(b) Written comments may be submitted in lieu of
or in addition to oral testimony.
(c) Notice of the hearing shall be provided to the
public in accordance with the requirements of RSA 541-A and RSA 91-A.
Source. #12035-A,
eff 11-4-16
Psyc 207.02 Conduct of Public Comment Hearings.
(a) A public comment hearing shall be attended by
a quorum of the board.
(b) A public comment hearing 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) Request each person who wishes to provide
information to the board to write on the speaker's list:
a. His or her full name and address; and
b. The name and
address of organizations, entities or other persons whom he or she represents,
if any.
(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; or
(2) The board chair or other person designated by
the board to preside over the hearing is ill or unavoidably absent.
(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. #12035-A,
eff 11-4-16
Psyc 207.03 Limitations on Public Participation.
(a) The person presiding at a public comment
hearing shall refuse to recognize, or revoke the recognition of any person who:
(1) Speaks or acts in an abusive or disruptive
manner to those in attendance;
(2) Fails to keep comments relevant to the subject
matter of the hearing; or
(3) Needlessly restates information already
provided to the board in a manner which results in the waste of time, or a
likelihood that others who wish to speak will be denied an opportunity to
present information to the board.
(b) The person presiding at a public comment
hearing shall limit oral presentations on behalf of an organization or entity
to no more than 3 persons, provided that:
(1) 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; and
(2) All those representing such organization or
entity shall be entitled to file written or electronic comments of any length
with the board within 9 days of the close of the hearing.
Source. #12035-A,
eff 11-4-16
PART Psyc 208 DECLARATORY
RULINGS
Psyc 208.01 Petitions for Declaratory Rulings.
(a) Any interested person may request a
declaratory ruling from the board on how a statute, rule or order applies to a
specific factual situation.
(b) The request for a ruling shall be made by
filing a petition with the board, which contains:
(1) The name and address of the petitioner;
(2) A concise statement of the facts which the
petitioner believes requires a ruling from the board.
(3) A proposed ruling which the petitioner seeks
the board to adopt; and
(4) The claimed
statutory and factual basis for the requested ruling, set forth in separately
numbered paragraphs, including any supporting factual affidavits or memoranda
of law.
Source. #12035-A,
eff 11-4-16
Psyc 208.02 Action on Petitions for Declaratory
Rulings.
(a) The board shall issue a decision on the request
for a declaratory ruling, in writing, within 90 days of receipt of a petition.
(b) A copy of each written decision on a request
for declaratory ruling shall be:
(1) Filed with the director of legislative
services;
(2) Sent to the petitioner by first class mail;
and
(3) Filed with the board.
Source. #12035-A,
eff 11-4-16
PART Psyc 209 EXPLANATION OF ADOPTED RULES
Psyc 209.01 Requests
for Explanation of Adopted Rules.
Pursuant to RSA 541-A:11, VII, 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 individual 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. #12035-A,
eff 11-4-16
Psyc 209.02 Contents
of Explanation. The board shall,
within 90 days of receiving a request in accordance with Psyc
209.01, 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. #12035-A,
eff 11-4-16
PART Psyc 210 WAIVER OF SUBSTANTIVE RULES
Psyc 210.01 Petitions for Waiver.
(a)
Any interested person may request the board to waive or suspend any rule
not covered by Psyc 203.01 by filing a petition which
identifies the rule in question and sets forth specific facts and arguments
which support the requested waiver.
(b)
Petitions for waivers of substantive rules shall address whether:
(1) Adherence to the
rule would cause the petitioner undue hardship;
(2) The requested
waiver is necessary because of any neglect or misfeasance on the part of the
petitioner;
(3) Waiver of the
rule would be consistent with the statutes administered by the board;
(4) Waiver of the
rule would injure third persons; and
(5) Other good cause
for waiving the rule exists.
(c)
If examination of the petition reveals that other persons would be
substantially affected by the proposed relief, the board shall require service
of the petition on each such persons and advise each that she or he may file a
reply to the petition.
(d)
The petitioner shall provide further information or participate in such
evidentiary or other proceedings ordered by the board as necessary to complete
action on the petition.
(e)
A petition for waiver of a rule which does not contain the information
required in (b) above shall be denied without further notice or hearing.
(f)
The board shall grant petitions for waiver of a rule upon finding that
good cause exists to do so based on the information supplied by the petitioner
pursuant to (b) above.
(g)
The board shall, if good cause to do so exists, grant a waiver
or suspension of a substantive rule upon its own motion by providing affected
parties with notice and an opportunity to be heard, and issuing an order which
finds that:
(1) Adherence to the
rule would cause the petitioner undue personal hardship;
(2) There is no
neglect or misfeasance on the part of the petition;
(3) Waiver of the
rule would be consistent with the statutes administered by the board; and
(4) Waiver of the
rule would not injure third persons.
Source. #12990,
eff 2-11-20
CHAPTER Psyc
300 LICENSE AND REGISTRATION
REQUIREMENTS, APPLICATIONS AND FEES
PART Psyc 301
DEFINITIONS
Psyc 301.01 Definitions.
The following terms shall have the
meaning indicated when used in this chapter:
(a)
“Applicant” means a person who seeks
licensure as a psychologist in New Hampshire.
(b)
“APA” means the American Psychological
Association, whose address is 750 First Street, NE
Washington, DC 20002-4242, and whose
telephone number is (800) 374-2721 or (202) 336-5500.
(c)
“Candidate for licensure” means a
person, not licensed as a psychologist, who is receiving post-graduate
supervision in psychology in order to meet the licensing requirements;
(d)
“Canadian Psychological Association
(CPA)” means the Canadian Psychological Association, whose address is 141
Laurier Avenue West, Suite 702, Ottawa, Ontario K1P 5J3 and whose telephone
number is 613-237-2144;
(e)
“Individual supervision” means one
supervisor in the physical presence of one supervisee.
(f)
“Group supervision” means one supervisor
in the physical presence of 2 or more supervisees at the same time;
(g)
“NRHSP” means the National Register of
Health Service Psychologists, whose address is 1200 New York Avenue NW, Suite
800, Washington, DC 20005, and whose telephone number is 202-783-7663; and
(h)
“Psychology practice” means “psychology
practice” as defined in RSA 329-B: 2, VII.
Source. #12035-B, eff 11-4-16
PART Psyc 302
APPLICATION REQUIREMENTS
Psyc 302.01 Educational
Requirements for Psychologists.
(a) All applicants for licensure as a
psychologist shall have a doctoral degree from an accredited institution of
higher learning, which has received regional accreditation from the Association
of Secondary Schools and Colleges.
(b)
In the case of foreign degrees, the
applicant shall, at their own cost, submit credentials which have been
positively evaluated by a member of the National Association of Credential
Evaluation Services, who may be found at http://www.naces.org/members.html.
(c)
If the doctoral program is accredited by
the APA, the educational requirement shall be deemed acceptable without further
documentation.
(d)
If the doctoral program is not
accredited by the APA, it shall meet the following minimum criteria:
(1)
The program shall consist of at least 3 academic years of full time
graduate study;
(2) Institutional catalogs and brochures of the
program shall show the intent to educate and train professional psychologists;
(3) The program shall be clearly identified and
labeled as a psychology program;
(4) The program shall stand as a recognizable,
coherent entity within the institution;
(5) The program staff shall include licensed or
certified psychologists who have a clear authority and primary responsibility
for the core and specialty areas;
(6) The program shall be an integrated, organized
sequence of study;
(7) The program shall include
supervised practicum, internship, field, or laboratory training appropriate to
psychology practice;
(8) The program shall provide the substantive
courses of study required by Psyc 302.02 in an
in-person modality, rather than predominantly through videoconferencing or
other electronic means; and
(9) The program shall include an
identifiable body of students who are matriculated in the program seeking a
doctoral degree.
Source. #12035-B, eff 11-4-16
Psyc 302.02 Courses
Required for Psychologists.
(a)
Doctoral degree programs that are
accredited by the APA or the CPA shall be recognized as meeting the
requirements of these rules without further documentation.
(b)
For doctoral programs that are not
accredited by the APA or CPA, graduate study in psychology shall be completed
in residence at the institution granting the doctoral degree, as described in
(c)(1)-(5) below.
(c)
To qualify as graduate study in
psychology “in residence”, the institution shall require:
(1) Physical presence of the student, in person,
at the educational institution in a manner that facilitates the full
anticipations and integration of the individual in the educational and training
experience and included faculty student interaction. Training modules that use
face-to-face contact of student and faculty for shorter duration throughout a
year, or models that use video teleconferencing or other electronic means to
meet the residency requirement are not acceptable;
(2) The predominant modality is face-to-face
instruction;
(3) Advising and evaluation of student performance
is done face-to-face;
(4) Students have regular face-to-face access to a
core psychology faculty whose primary time and employment responsibilities are
to the institution; and
(5) That students have regular face-to-face access
to other students matriculated in the program.
(d)
Applicants attending doctoral programs
described in (b) and (c) above on a part-time basis shall complete a minimum of
one academic year of full-time academic graduate study in psychology.
(e)
Applicants from programs not accredited
by the APA or CPA shall submit course descriptions and syllabi showing at least
24 semester hours with a minimum of 3 or more graduate semester hours in each
of the following substantive areas of study:
(1)
Scientific and professional ethics and standards;
(2) Research design and methodology;
(3) Statistics;
(4) Psychometrics;
(5) Psychotherapy techniques;
(6) Biological and chemical bases of behavior,
including one or more of the following areas:
a. Physiological psychology;
b. Comparative psychology;
c. Neuropsychology;
d. Sensation and perception; or
e. Psychopharmacology;
(7) Cognitive-affective bases of behavior
including one or more of the following areas:
a. Learning;
b. Thinking;
c. Motivation;
d. Emotion; or
e. Memory;
(8) Social bases of behavior including one or more
of the following areas:
a. Social psychology;
b. Group processes;
c. Organization and systems theory; or
d. Cultural diversity; and
(9) Individual differences including one or more
of the following areas:
a. Personality theory;
b. Human development; or
c. Abnormal psychology.
Source. #12035-B, eff 11-4-16
Psyc 302.03 Prelicensure
Supervised Practice.
(a) Prior to seeking licensure, an applicant
shall complete at least 2 years of supervised clinical experience in that area
of psychology in which he or she plans to practice, one year shall occur prior
to receipt of the doctoral degree as an internship, and one year shall be after
the academic institution has certified that the applicant has completed all of
the requirements to be awarded the doctoral degree.
(b) Each year of supervised clinical experience
shall include not less than 1500 clock hours of psychology practice, and shall
be completed within not less than 12 and not more than 24 consecutive calendar
months.
(c)
Each supervisor shall:
(1) Be licensed as a psychologist in the state
where the supervision takes place; and
(2) Not have a dual relationship with the
supervisee, such as a spouse, close relative, or therapist.
(d)
Acceptable clinical supervised
experience shall include direct, formal contact with a licensed person who is
responsible for the educational development and guidance of the supervisee.
(e)
Supervision shall occur at the site
where the applicant delivers services, and be provided by a supervisor who is
familiar with the applicant's work.
(f) Hours spent in class work, practicum
experience, or other course-related experiences shall not be counted as
supervised experience.
(g)
The initial year of supervised
experience shall not begin until the applicant has completed 3 academic years
of full-time graduate training in psychology.
(h)
Independent private practice by the
applicant, even under supervision, shall not be considered acceptable
supervised professional experience.
Source. #12035-B, eff 11-4-16
Psyc 302.04 Internship.
(a) The first year of clinical supervised
experience shall occur as a formal internship in an organized health care setting
which may be referred to as a program, an agency, or a consortium.
(b) Internships that are accredited by the APA or
the CPA shall be recognized without further documentation.
(c) An internship program that is not accredited
as in (b) above shall meet all of the following criteria:
(1) The program shall be organized and designed
to provide the intern with a planned, programmed sequence of training
experiences that is demonstrated by a written statement, brochure, or contract
with the graduate program which:
a.
Describes the goals and content of the internship;
b. States
clear expectations for quantity and quality of intern’s work;
c. Is
made available to prospective interns;
d.
Provides training in a range of assessment and intervention activities
conducted directly with patients seeking health services; and
e.
Provides for a minimum of 1500 hours of training to be completed within
a maximum of 24 consecutive months;
(2) The
program shall designate a staff psychologist, who is currently and actively
licensed or certified by the state or provincial board of psychology in the
state or province where the program is operated, as the person who shall be
responsible for the integrity and quality of the training program;
(3) The program
shall have 2 or more psychologists on the staff serving as supervisors of
interns, at least one of whom is currently and actively licensed as a
psychologist by the state or provincial board of psychology in the state or
province where the program is operated;
(4) The
program shall have a minimum of 2 persons enrolled at the internship level of
training during the intern’s training period;
(5)
Supervision of interns shall be provided by a staff member of the
program who carries clinical responsibility for the cases being supervised. At
least one program staff psychologist shall provide half of the internship
supervision;
(6) At
least 375 hours of an intern’s program time shall be spent in direct patient
contact;
(7) The
program shall include a minimum of 2 hours per week of regularly scheduled,
formal, face-to-face individual supervision with a staff member that directly
evaluates the health services rendered directly to patients by the intern;
(8) The
program shall include a minimum of 2 hours per week of learning activities
including:
a. Case
conferences involving a case in which the intern was actively involved;
b.
Seminars dealing with clinical issues;
c.
Co-therapy with a staff person including discussion;
d. Group
supervision; and
e.
Additional individual supervision of the intern;
(9) Any
funds received from patients or their insurers shall contribute to payment of
stipends to the interns in the program;
(10)
Training was post-clerkship, post-practicum, and post-externship level;
and
(11) The
trainee uses a title such as “intern,” “resident,” “fellow,” or other
designation of trainee status;
(d) The program shall maintain permanent records
of the following information to permit interns to complete their application
for licensure including the following:
(1) The
dates of attendance in the program and dates of supervised clinical experience;
(2) The
hours of face-to-face individual supervision of the intern whether in person or
via electronic medium;
(3) The
total hours of supervised clinical work experience; and
(4) The
name and title of each supervisor assisting the intern, together with:
a. The
type of license held, the state of issue, the state license number, and the
issue date of the license; and
b. The
highest degree earned by the supervisor.
Source. #12035-B, eff 11-4-16; ss by #13845, eff
3-5-24
Psyc 302.05 Post-Doctoral
Supervision.
(a) The second year of supervised experience
shall meet the following standards:
(1) The
title of “Trainee” shall not be required for the second year of supervision;
(2)
Supervision shall, at a minimum consist of one hour per week, and not
less than 50 total hours, of face-to-face individual clinical supervision of
the applicant's direct health service in psychology provided to individuals or
groups of patients;
(3) The post-doctoral clinical supervisor shall
be a licensed or certified psychologist who assumes professional and legal
responsibility for the professional activities, cases, training, and
supervision of the applicant; and
(4) The post-doctoral hours shall commence upon certification from the
program that all requirements of the degree have been met, regardless of
whether formal conferral of the degree has taken place.
(b) The program and
employing agency shall keep permanent records of the following, to permit
applicants to complete their application for licensure:
(2) The
hours of face-to-face individual supervision of the applicant;
(3) The
total hours of supervised clinical work experience; and
(4) The
name and title of each supervisor assisting the applicant, together with:
a. The
type of license held, the state of issue, the state license number, and the
issue date of the license; and
b. The
highest degree earned by the supervisor.
(c) An applicant may continue to practice under
supervision as described in (a) and (b) above after an application for
licensure has been submitted but before licensure has been conferred.
Source. #12035-B, eff 11-4-16; ss by #13089-B, 8-8-20;
ss by #13845, eff 3-5-24
PART Psyc 303
APPLICATION PROCESS
Psyc 303.01 Character
Qualifications.
(a)
No application for licensure as a
psychologist shall be approved if the applicant is not of good character.
(b)
For the purpose of this section a lack
of good character shall be shown by one or more of the following:
(1)
A finding by the board that the applicant, or someone acting on the
applicant’s behalf, has submitted materially false information to the board in
connection with the applicant;
(2)
The presence of any complaints pending against a license or certificate
issued by another licensing body or professional association, indicating that
the applicant cannot be relied upon to practice competently, safely and
honestly, or adhere to the ethical standards required by Psyc
501;
(3) Receipt of evidence of past disciplinary
action taken by another licensing body or professional association, or denial
of a requested license or certificate by another licensing body or professional
association indicating the applicant cannot be relied upon to practice
competently, safely and honestly, or adhere to the ethical standards require by
Psyc 501.02;
(4)
Receipt of evidence of convictions of a felony or misdemeanor indicating
that the applicant cannot be relied upon to practice competently, safely and
honestly or adhere to the ethical standards required by Psyc
501.02;
(5) Receipt of evidence of past or
pending civil suits alleging malpractice, professional incompetence, or
negligence, indicating that the applicant cannot be relied upon to practice
competently, safely, and honestly; or
(6) Receipt of evidence of a past or current,
mental illness, organic illness, or addictive disorder which impaired or
presently impairs the ability of the candidate to serve as a psychologist,
provided that evidence of a positive outcome of treatment for a past disorder
shall be considered to determine whether the applicant is presently of good
character.
Source. #12035-B, eff 11-4-16
Psyc 303.02 Application
Process.
(a) Persons wishing to obtain licensure as a
psychologist in New Hampshire shall apply to the OPLC by submitting the
following:
(1) A
“Universal Application for Initial Licensure” as described in (d) below, and
“Addendum to the Universal Application For Initial Licensure” as described in
(c) below;
(2)
Supporting documents required of the applicant, as specified in (e)
below;
(3) The
results of the examination for the professional practice of psychology (EPPP)
taken in accordance with Psyc 303.05(b) and submit
directly to the OPLC; and
(4) Any
fees in accordance with Plc 1002.43 and Plc 1001.08.
(b) Applicant’s shall complete and submit the
“Universal Application for Initial Licensure” pursuant to Plc 304.03” to the OPLC.
(c) In addition to
the application required by (a) above, the applicant shall complete and submit
the “Addendum to the Initial Application Required by Plc 304.03” by providing
the following:
(1) All names the applicant has ever been known
by; and
(2) An answer to the question “In the event of your impairment or death do you have a
plan in place for the security of records and the patient accessibility of
those records including timeframes for which those records should be kept?”.
(d) The applicant for
initial licensure shall sign and date the application in accordance with Plc
304.05.
(e) Applicants applying for their initial license
shall provide the following supporting documentation in addition to the initial
application for licensure as a psychologist described in Psyc
303.02(b):
(1) A
“Summary of Supervised Clinical Experience for Internship and Post Doc” form,
in which the applicant shall report and submit with the initial applicant for
licensure as a psychologist:
a. The
applicant’s legal name;
b. The applicant’s
home mailing address;
c. The
start and end date of post graduate supervision;
d. The
name of the facility where clinical work was performed;
e. The
name of the supervisor;
f. The
total hours of face-to-face on-site individual and group supervision received;
g. The
total hours of clinical experience obtained for each of the following:
1.
Predoctoral internship experience of a minimum of 1500 hours; and
2.
Postdoctoral experience of a minimum of 1500 hours;
h. The
date of conferral of the doctoral degree;
i. The
total hours of supervised clinical experience; and
j. The
applicant’s signature and date of signing below the following attestation:
“I certify that the above information is correct
to the best of my knowledge and belief.”;
(2) A
“Graduate Program Course Sheet” on which the applicant shall provide and submit
with the initial application for licensure as a psychologist the following
information:
a.
Answering yes or no to the question: “Was any part of your graduate
study online, telephonic, or other remote learning?”;
b.
Attaching to the “Graduate Program Course Sheet” documentation that the
requirements of Psyc 302.02(b), (c), and (d) were met
if the answer to the question in a. above was yes;
d.
Answering yes or no to the question on whether the graduate program is
APA or CPA approved;
e.
Attaching to the “Graduate Program Course Sheet”, a one-page
verification from the applicant’s program’s materials, a letter from the
program which confirms the status, or a copy from the APA or CPA website page showing
accreditation of the program while the applicant was in attendance if the
program was accredited;
f. If a
graduate program is not APA or CPA accredited attach a separate sheet to the
“Graduate Program Course Sheet”, and list the course titles and number of
credits earned for each of the following if the answer to question in d. above
was no:
1.
Scientific and professional ethics and standards;
2.
Research design and methodology;
3.
Statistics;
4.
Psychometrics;
5.
Psychotherapy techniques;
6.
Biological and chemical bases of behavior, including physiological
psychology, comparative psychology, neuropsychology, sensation and perception,
and psychopharmacology;
7. Cognitive-affective
bases of behavior, including learning, thinking, motivation, and emotion;
8. Social
bases of behavior, including social psychology, group processes, organization
and systems theory, and cultural diversity; and
9.
Individual differences, including personality theory, human development,
and abnormal psychology; and
g. The
total credits earned;
(3) An
“Internship Confirmation Form”, completed by the applicant and forwarded to the
supervisor of the internship experience authorizing the internship program to
release all information in their records regarding the applicant to the OPLC;
(4) The
“Internship Conformation Form” shall require:
a. The
applicants for licensure to provide the following information:
1. The applicant’s
legal name;
2. The
applicant’s home mailing address;
3. The
applicant’s home or cell phone number;
4. The
applicant’s signature and date of signing below the following authorization:
“I am applying for a license as a psychologist
in New Hampshire. The New Hampshire
Board of Psychologists requires confirmation of internship supervised clinical
experience. This shall serve as your
authorization to release any information you have in your files whether
favorable or not.”;
b. The
director of the internship experience to provide the following information:
1. The
name of the internship program;
2. The
name of the facility;
3. The
physical address of the facility;
4. Answer
yes or no to the question on whether the program was
APA approved at the time the applicant attended;
5. If the
answer to iv. above is no, attach a description of the pre doctoral
requirements described in Psyc 302.04;
6. Number
of interns in training at the same time as the applicant;
7. The
applicant’s title in the program;
8. The
start date and end date the applicant was in the program;
9.
Whether the hours of internship experience were full time or part time
and the number of hours worked per week;
10. The
hours of face-to-face supervision per week;
11. Total
supervised face-to-face hours in the time period described in ix. above
including individual and group supervision;
12. The
number of hours worked per week, the number of weeks worked, and the total
number of completed hours worked;
13. The
name of the primary supervisor, together with the person’s degree status, state
licensing status and state license number;
14.
Answer yes or no to the question was the internship successfully
completed;
15. If
the answer to ix. above was no, attach a detailed explanation to the form;
16.
Whether the supervisor will recommend licensure without reservation,
with reservation, or against license;
17. If
the supervisor indicates that their recommendation in xvi. above is with
reservation or against licensure attach a detailed explanation;
18. The
name of the director;
19. The
title of the director at the time of the applicant’s attendance at the
internship program;
20. The
director’s academic degree;
21. The
address of the director;
22. The
director’s telephone number and e-mail address of the program;
23. The
director’s state of licensure and license number; and
24. The
director’s or supervisor’s signature and date of signing below the following
attestation:
(4) A
completed and signed “Postdoctoral Experience Form” that includes the
following:
a. In the
section to be completed by the applicant the following:
1. The
applicant’s name;
2. The
applicant’s phone number;
3. The
applicant’s home mailing address; and
4. The
applicant’s signature and dated of signing below the following authorization:
“I am applying for a
License as a Psychologist in New Hampshire.
The New Hampshire Board of Psychologists requires confirmation of
postdoctoral supervised clinical experience.
This is your authority to release any information you have in your
files, favorable or otherwise.”; and
b. The
following is to be completed by the supervisor of postdoctoral experience:
1. The
name of the post-doctoral program, if applicable;
2. The
name of the facility;
3. The
address of the facility;
4. Answer
yes or no to the question on whether the program APA approved at the time of
the applicant’s attendance;
5. The
applicant’s title in the program;
6. The
start and end date the applicant was in the postdoctoral program;
7.
Whether the applicant’s experience was full time or part-time including
the hours per week for each;
8. The
hours of face-to-face supervision per week and the total during the entire
program;
9. The
name of the primary supervisor including degree, state license or certificate
held, and license or certificate number;
10.
Answer yes or no to the question on whether the applicant’s
post-doctoral experience successfully completed;
11.
Whether the reference will recommend licensure without reservation, with
reservation, or against license;
12. If
the director indicates that their recommendation in xi. above is with
reservation or against licensure attach a detailed explanation;
13. The
name of the supervisor;
14. The
supervisor’s title at the time of the program;
15. The
supervisor’s degree;
16. The
address of the program;
17. The
telephone number and e-mail address of the program;
18. The
supervisor’s state of licensure and license number;
19. The
supervisor’s license or certified field of specialty and issue date; and
20. A
signature and date of signing below the following attestation:
“I hereby attest that all of the information
contained on the form is true and accurate to the best of my knowledge and belief.”;
(5) A
completed “Supervisor’s Confirmation of Post Doctoral Clinical Experience” form
that includes the following:
a. In the
section to be completed by the applicant the following:
1. The
applicant’s legal name;
2. The
applicant’s home mailing address; and
3. The
applicant’s signature and date of signing below the following authorization:
“I am applying for a
License as a Psychologist in New Hampshire.
The New Hampshire Board of Psychologists requires confirmation of
postdoctoral supervised clinical experience.
This is your authority to release any information you have in your
files, favorable or otherwise.”; and
b. In the
section to be completed by the supervisor the following:
1. The
name of the facility where the supervision was provided;
2. The
address of the facility;
3. The
applicant’s title at time of supervision;
4. The
start and end dates of the supervised clinical experience;
5. The
number of hours worked per week, the number of weeks worked, and the total number
of completed hours worked;
6. Hours
per week of individual face-to-face supervision;
7. The
total hours in time period;
8. The
total supervised face-to-face hours in time period in vi. above in including
both individual and group supervision;
9. Attach
a detailed description of the supervisory methods used, and the types of issues
dealt with during supervision including the names and credentials of clinical supervisors other than
the supervisor completing the application, if other supervisors are included in
the hours documented;
10.
Attach a detailed description of the type of work performed by the
applicant;
11.
Attach a detailed description of the quality of work performed by the
applicant;
12.
Whether the reference will recommend licensure without reservation, with
reservation, or against license:
13. If
the supervisor indicates that their recommendation in vii. above is with
reservation or against licensure attach a detailed explanation;
14. The
supervisor’s name;
15. The supervisor’s
title at the time of supervision;
16. The
supervisor’s academic degree;
17. The
supervisor’s address;
18. The
supervisor’s phone number;
19. The
supervisor’s e-mail address;
20. The
supervisor’s state of licensure and license number;
21. The
supervisor’s license or certification field of specialty and date of issuance;
and
22. The
supervisor’s signature and date of signing below the following attestation:
“I hereby attest that all of the information
contained on the form is true and accurate to the best of my knowledge and
belief.”; and
(6) Three
complete separate and distinct “Professional Reference Forms", which shall
be submitted in sealed untampered envelopes and one of which shall be completed
by a supervisor. All 3 forms shall:
a. Be
signed by a person providing a reference;
b.
Contain the applicant’s printed name and address;
c. Be
signed and dated by the applicant, providing a release to the reference to
release all pertinent information concerning the applicant to the OPLC;
d.
Contain the name, address, phone number, title, degree, and signature of
the reference;
e.
Indicate the professional relationship to the applicant, including the
licensed status and license number of the reference;
f.
Indicate the length of time the reference has known the applicant;
g.
Describe the reference’s knowledge of the applicant’s professional and
ethical behavior;
h.
Include the name of the organization and title of the applicant’s
position when the reference worked with the applicant;
i.
Describe the applicant’s duties and responsibilities;
j.
Indicate any area where the applicant has a specialty;
k.
Indicate whether the reference will attest and certify that the
applicant is of good moral character, as defined in Psyc
303.01, and if not, the reasons supporting that conclusion;
l.
Explain the circumstances, if applicable, surrounding any of the
following of which the reference is aware:
1.
Whether the applicant has been or is the subject of any malpractice or
civil suit involving the practice of their profession;
2.
Whether the applicant has been convicted of a crime in any state or
country, the disposition of which was other than acquittal or dismissal;
3. Whether there have been or are any complaints
or charges of violation of the ethical codes, professional misconduct,
unprofessional conduct, incompetence, or negligence made or pending against the
applicant;
4. Whether the applicant has ever been required
to surrender their license or certification; and
5. Whether the applicant has been found guilty
of, or has entered into a consent decree regarding, a violation of ethics
codes, professional misconduct, unprofessional conduct, incompetence or
negligence in any state or country by any licensing board or professional
ethics body; and
m.
Whether the reference will:
1. Make
no recommendation of licensure;
2.
Recommend licensure “without reservation”, or
3. Recommend licensure “with reservation”,
setting forth in writing the reasons behind that conclusion.
(f) Each applicant for licensure shall submit the
following documents in support of their application for licensure:
(1) The
results of all criminal background check(s) conducted in each state where the
applicant has been a resident since reaching the age of majority;
(2) An
original certified transcript, signed, and sealed by the school, of both the
undergraduate and graduate courses taken by the applicant, showing dates of
attendance, courses taken, grades and class hours earned, programs completed,
and degrees awarded by the colleges and universities attended;
(3) The
EPPP exam score directly from the association of state and provincial
psychology boards (ASPPB);
(4) If
the applicant answered yes to the question described in Psyc
303.02(b)(20)a. on the application form, provide a detailed explanation of each
conviction and whether the applicant is in compliance with any outstanding
court orders for each conviction;
(5) If
the applicant answered yes to the questions described in Psyc
303.02(b)(20)e. on the application form, provide a detailed explanation for
each yes answer; and
(6) If
the applicant answered yes to the question described in Psyc
303.02(b)(2)g. on the application form, provide a copy of any settlement or
judgment entered into in the suit(s).
(g) The “Universal Application for Initial
Licensure” form and supporting documentation shall:
(1) Be
typewritten or legibly printed;
(2) Have
all sections complete or designated as not applicable to the applicant; and
(3) Be
signed and dated by the applicant in accordance with Plc 304.05.
(h) Any application shall be considered
incomplete if:
(1) Any
portion of the form is illegible;
(2) Any
section of the form is incomplete; or
(3) The
form is not signed and dated where required by the applicant.
(i) An application
shall be considered to be complete as of the date the following has been
received:
(1) A
fully completed application form; and
(2) All
required supporting documentation specified in Psyc
303.02 (b), (c) and (d).
(j) Within 30 days of the date the application is
received the OPLC shall request the applicant to provide any additional
information, documentation determined to be needed to clarify the application,
or any materials related to the application not submitted.
(k) The OPLC shall approve or deny the
application within 60 days of receipt of the completed application described in
(i) above.
(l) If the application is denied, the applicant
shall be provided an opportunity to request a hearing for reconsideration
pursuant to Plc 304.10 on the deficiency issues identified by the OPLC.
Source. #12035-B, eff 11-4-16; ss by #13089-B, eff 8-8-20;
ss by #13845, eff 3-5-24
Psyc 303.03 Application
Process for Those Licensed in Another State.
(a)
Persons who wish to apply for a license
as a psychologist in New Hampshire, and are already licensed in another state
shall:
(1) Submit the application form required by Psyc 303.02;
(2) The supporting documentation as required in Psyc 303.02 (c) including the answers to written essay
questions; and
(3) The required fee as set forth in RSA
310-A:1-e.
(b)
Persons who wish to apply for a license
as a psychologist in New Hampshire and hold a current certificate of
professional qualification in psychology (CPQ) issued by the association of
state and provincial psychology boards (ASPPB), or are certified by the american board of professional psychology (ABPP), or are
currently credentialed by the NRHSP shall:
(1) Submit an application as required in Psyc 303.02, together with the required fee, as set forth
in RSA 310-A:1-e, I (a);
(2) Submit evidence of a current CPQ, ABPP, or
NRHSP credential;
(3) Submit a current curriculum vitae; and
(4) Provide verification of licensure
from another state or jurisdiction on a “Verification of Licensure/Certification
from Another Jurisdiction Form” provided by the board including the following:
a. Completed by the applicant:
1. Applicant's name;
2. Applicant's address;
3. Jurisdiction of issue;
4. Phone number;
5. Date of issue;
6. License/certification number; and
b. Completed by the verifying board:
1.
The applicant’s name;
2.
The applicant’s license/certificate number;
3.
The original date of issue of the applicant’s license/certificate
number;
4.
Whether the applicant is currently licensed/certified;
5.
Whether the has ever been any disciplinary action taken against the
applicant and, if so, a description of such action;
6. Whether there are any complaints
pending against the applicant and, if so, a description of such complaints;
7. Whether the applicant is considered
to be in good standing in the verifying jurisdiction;
8.
The name of the verifying board or jurisdiction; and
9
The dated signature and title of the person who completed the form; and
(5) Sign and date the form, which shall serve as a
release to the other jurisdiction to provide all information in its files
regarding the applicant.
(c)
The board shall also accept evidence of
an applicant’s educational attainment, credentials, or licensure from the ASPPB
through the Psychology Licensure Universal System, also known as the PLUS
system.
Source. #12035-B, eff 11-4-16
Psyc 303.04 Temporary
Licensure Application Process for Those Licensed in Another State.
(a) Unless a waiver is
granted under Psyc 210.01, all time periods shall run
consecutively.
(b)
An individual who is licensed to practice psychology in another state or
jurisdiction may practice psychology for 30 days or less in New Hampshire
without applying for a license, if:
(1) The psychologist notifies the board of an
intent to practice in the state for less than 30 days in any 365-day period,
and supplies to the board the following:
a. A legible copy of his or her license in good
standing from another jurisdiction;
b. Proof of current malpractice insurance;
c. Verification by the issuing board that the
license is in good standing;
d. A statement specifying the scope of the work
intended within the state within a specific consecutive 30-day period,
including the site of work, and the types of clients(s) that are the focus of
such work; and
e. Attestation that work beyond the 30 days is
prohibited without the express approval of the board; and
(2) The psychologist has no adverse actions on a
license in another jurisdiction, and either:
a. The requirements for licensure in the former
jurisdiction are equal to, or exceed, the requirements for licensure in New
Hampshire; or
b. The psychologist is the holder of one of the following
credentials:
1. The Association
of State and Provincial Psychology Boards (ASPPB) Certificate of Professional
Qualification in Psychology (CPQ);
2. The ASPPB
Interjurisdictional Practice Certificate (IPC);
3. The American
Board of Professional Psychology (ABPP) certification;
4. The National
Register of Health Providers in Psychology certification; or
5. An equivalent qualification as determined by
the board which shall be posted on the board’s
website to notify the public.
(c)
An individual who is licensed to practice psychology in another state or
jurisdiction may practice psychology for up to 90 days in New Hampshire by
obtaining a temporary license, if:
(1) The psychologist applies to the board
requesting a temporary license to practice in the state for less than 90 days
in any 365-day period and supplies to the board the following:
a. An “Application for Temporary License” form,
further described in (d) below;
b. Verification by the issuing board that the
license in good standing;
c. Proof of current malpractice insurance;
d. A statement specifying the scope of the work
intended within the state within a specific 90-day period including the site of
work, and the type of client(s) that are the focus of such work; and
e. Attestation that work beyond the 90 days is
prohibited without the express approval of the board;
(2) The psychologist is not the subject of
pending disciplinary action in another jurisdiction; and
(3) The psychologist is the holder of one of the
following credentials:
a. The Association of State and Provincial
Psychology Boards (ASPPB) certificate of professional qualification in
psychology (CPQ);
b. The ASPPB interjurisdictional practice
certificate (IPC);
c. The American Board of Professional Psychology
(ABPP) certification;
d. The National Register of Health Providers in
Psychology certification; or
e. An equivalent qualification as determined by
the board pursuant to RSA 329-B:20, I (c)(2).
(d)
Any person wishing to apply for a temporary license under this section
shall submit:
(1) A completed, board-provided “Application for
Temporary License” form, with the following information:
a. Personal information, including:
1. Name;
2. Home address;
3. Present place of practice;
4. Address of present place of practice;
5. Home and business phone numbers;
6. Email address;
7. Date and place of birth; and
8. Social security number;
b. Education and training, including:
1. Graduate school attended, and year of
graduation; and
2. Post-graduate training institutions, and
dates of training;
c. Licensure information, including:
1. State in which the applicant is currently
licensed;
2. A statement of whether the applicant has ever
been subject to disciplinary action by any licensing or certifying agency or by
any hospital or health care facility and, if yes, the date of such action and a
description of the circumstances surrounding such action; and
3. A statement of
whether the applicant has ever applied for or requested an application for
licensure in New Hampshire and, if so, the date of such application; and
d. New Hampshire facility information,
including:
1. The name, address, and telephone number of
the primary facility;
2. The name, address, and telephone number of
the secondary facility, if applicable; and
3. The dates during which the applicant will be
practicing in New Hampshire;
(2) A verification letter of good standing from
the state in which the applicant primarily practices, sent directly from the
verifying state; and
(3) Certification letters from each New Hampshire
facility at which the applicant intends to work, confirming the dates of
service.
(e)
An individual who currently holds a valid and unrestricted license to
practice psychology in another state may practice psychology in New Hampshire
when deployed in an official emergency action by:
(1) The state of New Hampshire;
(2) The American Red Cross;
(3) The American Psychological Association’s
disaster response network;
(4) The Federal Emergency Management agency
(FEMA); or
(5) Other entities that provide emergency
services that the board shall designate for this purpose.
Source. #12035-B, eff 11-4-16;
ss by #13089-B, eff 8-8-20
Psyc 303.05 Written
Examinations.
(a)
All applicants for licensure shall answer the following 5 “Written Essay
Exam Questions”:
(1) “Discuss 5 ethical problems, which you may
already have encountered or may, in the future, encounter in your professional
practice. Your answers should use the following format:
a. Clearly state the ethical problem.
b. Cite all the
specific professional ethical codes and principles you are applying from your
profession’s Code of Ethics.
c. Delineate the critical thinking by which you
would work toward resolution of the problem.
Discuss the pros and cons of each possible decision.
d. Provide a concise statement of your
resolution of the problem.”;
(2) “Discuss how issues of cultural
diversity affect client assessment and treatment.”;
(3) “Demonstrate your understanding of how to
collaborate successfully and ethically with other mental health and healthcare
professionals, recognizing that those other professionals may have different
ethical codes and practices.” ;
(4) “Explain how your records will be managed in
the event of your impairment or death in both an organizational and private
practice setting, even if you currently believe you would never practice in an
alternate setting (e.g., you currently practice in an agency and do not imagine
ever being in private practice, and vice versa). Discuss how you would address any differences
between Psychologists’ ethical codes regarding record-keeping and the practices
of an institution. Be sure to also
address how long client records should be kept according to the Board’s
administrative rules.”; and
(5) “Optional: If you
have additional information about your career and professional development that
you would like to share with the board, you may include this here.”
(b)
Each essay question shall be prepared on a separate page or pages, and
shall be labeled with the question being addressed and the name of the
applicant on each page.
(c)
To be found satisfactory, an essay answer shall:
(1) Be a specific, complete, and direct response
to the question;
(2) Contain citations to the code of ethics
applicable to psychologists pursuant to Psyc 501.02,
and applicable professional reference materials;
(3) Be a minimum of
300 of your own words in length for
each essay question and for each of the 5 ethical dilemmas in question # 1, not
including the citation texts and quotes in your answer; and
(4) Correctly describe the practices and
procedures the applicant believes will result in both the ethical practice of
psychology and a high standard of care for a patient.
(d)
If the board determines that any one or more of the essay answers are not satisfactory, the
applicant shall be notified in writing, and provided an opportunity to resubmit
in writing those answers deemed not satisfactory within a period of 30 days.
(e)
If the board determines that the second set of essay answers is not
satisfactory, the board shall require the applicant to appear before the board
in person for an oral examination based on any of the essay questions deemed
not satisfactory by the board. Reference
materials may be used at the oral examination.
(f)
The purpose of the oral examination is to determine if any of the
following actions shall be taken before the applicant can be licensed:
(1) An additional re-write of the essay answers
under the conditions in (d) above;
(2) Additional academic coursework; or
(3) Additional attendance at one or more
continuing education seminars, workshops, or home study courses.
(g)
If, after the oral examination pursuant to (e) above and any remedial
actions listed in (e)(1)–(3) above, the answers are still not satisfactory, the
board shall deny the license pursuant to Psyc 303.02(i) and RSA 329-B:15, I(a).
(h)
All applicants for licensure shall take the “examination for the
professional practice of psychology” (EPPP), which is developed, owned and
administered by the association of state and provincial psychology boards
(ASPPB), located at 215 Market Road, Tyrone, GA 30290, using the following
procedure:
(1) The applicant shall file an application in
accordance with Psyc 303.02;
(2) If the board finds the application to be
complete, it shall notify the applicant and the ASPPB that the candidate has
been approved to sit for the examination; and
(3) Once the board has entered the pre-approval
into the online registration system operated by the ASPPB, the candidate shall
follow all applicable testing procedures and pay all of the testing fees as set
forth at www.asppb.org.
(i) The receipt of a scaled score of 500 or
greater from the ASPPB shall be a passing score on the EPPP.
(j)
The board shall notify each applicant of the scaled score received, and
whether such score has resulted in success or failure on the EPPP.
(k)
If an applicant receives a failing grade, she or he may apply for
reexamination by notifying the board in writing.
(l) Following an initial failing score, the board
shall advise the ASPPB that the applicant is approved to sit for the
examination a second time.
(m)
Once approved to sit for the examination, the candidate shall follow all
applicable testing procedures and pay all of the testing fees as set forth at
www.asppb.org.
(n)
If an applicant fails the EPPP examination a second time, readmission
shall be permitted only after the applicant completes coursework taken through:
(1) A graduate department of psychology in a
regionally accredited institution of higher learning;
(2) A professional school of psychology
accredited by the APA; or
(3) An institution for continuing studies in
psychology, which is approved by a regionally accredited institution of higher
learning or by the APA.
(o)
An applicant may request special accommodations and arrangements to take
the exam by making such a request to the board, including:
(1) A doctor's verification of a disability; and
(2) A specific statement of all accommodations,
arrangements, or assistance needed.
Source. #12035-B, eff 11-4-16; ss by #13089-B, eff
8-8-20
CHAPTER
Psyc 400 CONTINUED
STATUS
PART
Psyc 401 RENEWAL
OF LICENSE; INACTIVE STATUS; REINSTATEMENT
Psyc 401.01
Expiration of License.
(a) A license to practice psychology shall
automatically expire on the last day of the month which is 2 years from
the date issued by the board.
(b)
An expired
license shall not be renewed, but upon application, may be reinstated in
accordance with Psyc 401.05.
(c)
If a license
has expired pursuant to Psyc 401.01 (a), the licensee
shall not engage in the practice of psychology until such time as a new or
reinstated license has been granted by the board.
Source. #12035-B, eff 11-4-16
Psyc 401.02 License Renewal.
(a)
A license to practice psychology shall be renewed for 2 years upon
approval by the board of a complete application submitted prior to the date of
license expiration.
(b)
Any licensee
wishing to renew an existing license shall submit a “Renewal Application Form”
provided by the board with the following:
(1) Name and license number;
(2) Residence
address and telephone number(s);
(3) Business address and telephone number(s);
(4) The name of an employer, if any;
(5) An e-mail address, if any;
(6)
A statement indicating whether the applicant is actively engaged in the
practice of psychology in New Hampshire;
(7) Disclosure, and explanation where applicable,
of the following information regarding the previous 2-year period:
a.
Whether any malpractice claim has been made against the applicant, regardless
of whether a lawsuit was filed in relation to the claim;
b. If the applicant has any complaints pending
against a license or certificate in any state or jurisdiction, excluding NH;
c. If the applicant has been found civilly
liable for professional misconduct or committing an ethical violation, or has
entered into a settlement agreement to resolve a misconduct or ethical
complaint with any state or provincial regulatory authority or board outside of
NH since the last renewal of the NH license;
d. If the applicant has voluntarily surrendered
a license to practice psychology in lieu of disciplinary action;
e. If the
applicant has been convicted of a felony or misdemeanor;
f. If the applicant knows of any
reason why he or she might be unable to practice psychology in a competent and
ethical manner;
g. If the applicant has a plan in place to
manage his or her clinical records in the event of death or incapacity; and
h. Whether the applicant is actively practicing
a mental health discipline regulated by the board;
(8) On the board provided “Attestation to CEU’s
and Collaboration” form, the applicant’s notarized dated signature, license
number, and printed name, which shall verify that the applicant is in
compliance with the continuing education requirements of Psyc
402.01 and the interdisciplinary collaboration activities required pursuant to Psyc 403;
(9) The applicant’ signature which acknowledges:
a. That the
provision of false information in the application is a basis for disciplinary
action by the board; and
b. That the information and documentation
provided in the application is true, accurate, complete, and unaltered; and
(10) The date
the applicant signed the application.
(c) The filing fee shall be as established by RSA
310-A:1-e, I (a).
(d)
Pursuant to RSA 126-A:5, XVIII-a(a) and RSA 329-B:10-a, licensees shall
complete, as part of their renewal application, the applicable New Hampshire
division of public health service’s health professions survey issued by the
state office of rural health and primary care, department of health and human
services, pursuant to He-C 801.
(e)
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 shall be available on the NH
state office of rural health and primary care website at
https://www.dhhs.nh.gov/dphs/bchs/rhpc/data-center.htm and the board’s website
at https://www.oplc.nh.gov/psychologists/licensure-survey.htm.
(f)
Licensees choosing to opt-out of the survey shall complete and submit
the “New Hampshire Health Professions Survey Opt-Out Form,” effective April
2019, 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.
(g) 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. #12035-B, eff 11-4-16; ss by #12779, eff
5-14-19
Psyc 401.03 Denial of Renewal.
(a) License renewal
shall be denied if:
(1)
The applicant has not complied with the
continuing education requirement of Psyc 402.01, and/or
the collaboration requirement of Psyc 403.01;
(2)
The applicant has failed to furnish
complete or accurate information on the renewal license application;
(3)
The applicant no longer meets the
character requirements of RSA 329-B and Psyc 303.01;
or
(4)
The applicant has not paid the fee
established by RSA 310-A:1-e, I(a).
Source. #12035-B, eff 11-4-16
Psyc 401.04 Inactive
Status.
(a) Inactive status
shall be granted by the board for the remainder of the current license term to
a license holder who:
(1)
Holds a current NH license with the
board;
(2)
Has no disciplinary action or pending
disciplinary action;
(3)
No longer actively engages in the
practice of psychology in New Hampshire; and
(4)
Notifies the board in writing that he or
she wishes to put their license on inactive status by submitting a “Request for
Inactive Status” form as described in (b) below.
(b) Licensees wishing to be placed on inactive
status shall provide the following on a “Request for Inactive Status”
form:
(1) His or her name, address, business and home
phone numbers, and license number;
(2) Whether the licensee is currently practicing
as a psychologist in the state of New Hampshire;
(3) Whether the licensee has been found civilly
liable for professional misconduct, guilty of any criminal offense, or found to
have committed an ethical violation by a state or national professional
association or any other state’s regulatory board, or entered into a settlement
agreement with any state outside of New Hampshire;
(4) Whether the licensee has any complaints
pending in another jurisdiction and, if so, an explanation of such complaints;
(5) Attaching additional sheets if necessary, a
written explanation of why the licensee wishes to go on inactive status;
(6) The date the licensee wishes inactive status
to begin;
(7) Whether the licensee, if currently employed,
has informed his or her employer that his or her license will be inactive as of
the date requested in (6) above; and
(8) A dated signature indicating that the
licensee acknowledges the provision of false information is a basis for
disciplinary action by the board.
(c) Licensees who
have been granted inactive status may:
(1)
Allow the license to expire at the end
of the license term; or
(2)
File an application for renewal of the
license in accordance with this part prior to the expiration of the license,
and request a continuation of inactive status.
(d) Pursuant to RSA 329-B:25, III and RSA 332-G:7,
upon the request of a person licensed by the board who is a member of any
reserve component of the armed forces of the United States or the national
guard and is called to active duty, the board shall place such person's license
on inactive status.
Source. #12035-B, eff 11-4-16
Psyc 401.05 Reactivation of a License.
(a) A licensee in
inactive status may at any time apply for reactivation on a “Reactivation of
Inactive License” form supplied by the board, by providing the following:
(1)
Name;
(2)
Residence and business addresses and
telephone numbers;
(3)
A statement indicating whether the
applicant is actively practicing psychology in another state;
(4)
Disclosure, and explanation where
applicable, of the following information regarding the inactive period:
a.
If any malpractice claim has been made
against the applicant, regardless of whether a lawsuit was filed in relation to
the claim;
b.
If the applicant has been denied a psychology license, certificate, or
registration anywhere for any reason;
c.
If the applicant has any formal
disciplinary charges pending or if any disciplinary action has been taken
against the applicant by any psychology licensing board, any health care
facility, or any professional association;
d.
If the applicant voluntarily surrendered a license to practice psychology in
lieu of disciplinary action;
e.
If the applicant has been convicted of a
felony or misdemeanor; or
f.
If the applicant had or currently has a
mental illness or other disorder which impaired her or his ability to practice
psychology, and if so, the treatment received and the outcome of such
treatment; and
(5)
The signature of the applicant.
(b) A request for
reactivation shall be denied unless:
(1)
The applicant documents 40 hours of
CEU's taken within 2 years prior to the date of the reactivation application;
or
(2)
The applicant shows that the period the
license has been in inactive status is of such duration that the duty to obtain
continuing education units has not yet accrued for this licensee.
(c) The request for
reactivation shall be accompanied by the fee established by RSA 310-A:1(e).
(d) A licensee in
inactive status due to military service shall be reactivated, after
notification to the board, within one year of the person's release from active
military status by payment of the renewal fee RSA 310-A:1(e)
and with proof of completion of the most current continuing education
requirement unless still within the renewal period.
Source. #12035-B, eff 11-4-16
PART
Psyc 402 CONTINUING EDUCATION
Psyc 402.01 Approved
Continuing Education Units (CEU’s).
(a) The board of psychology shall assume no role
in the review, pre-approval, post program approval, evaluation, accreditation,
or certification of any continuing education seminar, workshop, home study
course, or academic course.
(b) The board shall recognize for continuing
education credit those educational experiences that are designed to continue
the education of the licensee in current developments, skills, procedures, or
treatment in the licensee’s field of practice in the following settings:
(1)
Seminars;
(2)
Workshops;
(3) Home
study courses; or
(4)
Academic courses.
(c) All continuing education experiences required
by this chapter shall be permitted to be received remotely or in person.
(d) Category A seminars, workshops, and home
study shall consist of sessions or study materials that are offered through or
approved by one of the following groups:
(1)
American Association of Group Psychotherapists;
(2)
American Association for Marriage and Family Therapy;
(3)
American Association of Pastoral Counselors or their accredited training
programs;
(4)
American Association of Sex Educators, Counselors & Therapists;
(5)
American Counseling Association;
(6)
American Medical Association;
(7)
American Medical Seminars;
(8)
American Mental Health Counselor Association;
(9)
American Nurses Association;
(10) American
Nurses Credentialing Center;
(11)
American Psychological Association;
(12)
American Board of Professional Psychologists;
(13)
American Psychiatric Association;
(14)
Association of State and Provincial Psychology Boards;
(15) National
Association of Social Workers;
(16)
National Board for Certified Counselors;
(17)
National Register of Health Service Providers in Psychology;
(18)
National Association of School Psychologists;
(19) New
Hampshire Psychological Association;
(20) A national, state, or county psychological or
medical society;
(21) A state or provincial psychology licensing
board approved entity; or
(22) A department of psychology or other department
in the behavioral sciences, psychiatry, medicine, nursing, addiction studies,
holistic medicine, or integrated care at a regionally accredited school,
college, or university.
(e) Category A hours for academic activities and
presentations shall be granted as follows:
(1)
Graduate courses, that the licensee is registered in, is related to the
licensee’s psychology expertise, and is offered by an entity qualified under
(d) above, shall be counted as follows:
a. Each
semester hour of course credit shall count as equivalent to 6 continuing
education hours; and
b. Each
quarter hour of course credit shall count as 4 continuing education hours;
(2)
Teaching a graduate academic course related to the licensee’s psychology
expertise shall be counted as follows:
a. Preparation of a syllabus and teaching of a
new semester or quarter length course shall count as 10 hours; and
b. Updating of a previously offered semester or
quarter length course, including preparation of a new syllabus, review of the
literature, preparation of reading lists and course assignments shall count as
5 hours; and
(3)
Seminar preparation or presentation to professionals listed in 403.02
(b) shall count as 10 hours.
(f) Category B activities shall include any
combination of the following:
(1)
Participation in continuing education experiences of (b) above not
meeting the requirements of Category A;
(2)
Researching, editing, writing, and publishing articles related to the
practice of psychology in professional journals or books;
(3)
Mental health workshops or seminars to professionals, non-healthcare
professionals, or the public; or
(4)
Teaching, non-graduate courses related to the licensees’ professional
expertise.
Source. #12035-B, eff 11-4-16; ss by #13738, eff
11-7-23
Psyc 402.02 Continuing
Education Requirements.
(a) Each licensee shall complete and document
completion of 40 approved hours of continuing education during the license term
as a condition of license renewal.
(b) At least 30 of the 40 hours shall be
completed from Category A.
(c) At least 6 of the 40 hours shall be completed
in ethics, be from Category A, and be taken in a live and interactive format.
(d) No more than 10 hours shall be from Category
B.
(e) The licensee shall document attendance at or
participation in any continuing education hours submitted for license renewal.
(f) Each year, the board shall select, on a
random basis, 5% of licensed psychologists for audit of CEU’s.
(g) The audit shall be conducted as follows:
(1) Each
licensee selected shall be notified of the audit at least 60 days prior to the
date the documentation is due in the board’s office; and
(2)
Selected licensees shall provide to the board copies of CEU
documentation, along with the audit request letter, within 30 days of the date
on the audit request letter.
Source. #12035-B, eff 11-4-16; ss by #13403, eff
7-16-22; ss by #13738, eff 11-7-23
Psyc 402.03 Continuing
Education Credits for Volunteer Activity Supporting Board Work. The board and its volunteers shall be awarded
continuing education credits in the following manner:
(a)
All continuing education credits awarded shall be considered ethics
credits and may be rolled forward to meet licensing requirements up to 6 years
from the date awarded, except as otherwise indicated herein;
(b)
School psychologist volunteers’ shall be issued as continuing education
units or Department of Education (DOE) contact hours for the purpose of
fulfilling continuing professional development to renew licenses;
(c)
Licensed members of the board shall:
(1) Be awarded 2 continuing education units for
the initial appointment to the board and new board member training;
(2) Be awarded 2 continuing education units for
each monthly meeting attended for a maximum of 24 hours per calendar year; and
(3) The continuing education credits may be
rolled forward up to 6 years from the date the board member’s appointment
expires or the board member’s resignation date; and
(d)
Professional conduct investigators and board investigators, whether
psychologists or school psychologists, shall:
(1) Be awarded 2 continuing education units for
initial appointment as a professional conduct investigator and new investigator
training; and
(2) Be awarded for each case assigned the
following:
a. For each report of investigation completed 18
continuing education units; and
b. For each summary of investigation completed 2
continuing education units.
(3) Credits from one case shall be used within 6
years;
(4) Credits from additional cases may be rolled
forward as the investigator wishes to apply them to requirements, up to 10
years.
Source. #13403, eff 7-16-22
PART
Psyc 403 COLLABORATION REQUIREMENT
Psyc 403.01 Collaboration
Requirements.
(a) Each licensee, except those on inactive
status, shall complete 40 hours of collaboration during the licensing period.
(b) The licensee shall document collaboration
hours for license renewal.
Source. #12035-B, eff 11-4-16; ss by #13738, eff
11-7-23
Psyc 403.02 Collaboration
Content.
(a) Collaboration shall consist of live and
interactive participation, attended remotely or in person, in one or more of
the following activities with one or more qualifying person:
(1) Small
group meetings;
(2)
Supervision or consultation with another licensed psychologist;
(3)
Participation in a study group whose participants research and discuss
topical issues or conduct case conferences;
(4)
Interactive conferences with recognized experts in specific
psychological disorders or fields;
(5)
Clinical research collaboration;
(6)
Attendance at hospital meetings at a facility where the licensee has a
professional affiliation, and where the meeting addresses clinical issues
regarding patient care issues; or
(7)
Service on the board of psychologists or in collaboration with a board
representative concerning board work.
(b) The following persons shall be recognized as
in collaboration with a licensee when participating in a qualifying activity:
(1) A
person licensed in any of the following professions in New Hampshire, or in any
other state or province:
a.
Psychology;
b.
Clinical mental health counseling;
c. Social
work;
d.
Pastoral counseling;
e.
Marriage and family counseling;
f.
Alcohol and drug abuse counseling;
g.
Medicine;
h.
Pharmacy;
i.
Nursing;
j. Chiropractic;
k. Naturopathy;
l. Homepathy; or
m. A
licensee of any of the health profession boards regulated by the Office of
Professional Licensure and Certification; and
(2) A
graduate student, intern, or post-doctoral student in any of the above
professions.
Source. #12035-B, eff 11-4-16; ss by #13738, eff
11-7-23
PART
Psyc 404 REINSTATEMENT
Psyc 404.01
Reinstatement Requirements.
(a) If a license is not renewed, it shall be
reinstated upon approval by the board of a complete application seeking such
reinstatement submitted not later than 6 months after the date of license
expiration.
(b)
Licensees
wishing to reinstate a license that has expired shall submit a “Reinstatement
Application Form”, supplied by the board, containing the following:
(1)
Name;
(2)
Office name;
(3)
Residence and business addresses and
telephone numbers;
(4)
Email address;
(5)
Date and place of birth;
(6)
Social security number, as required by
NH RSA 161-B:11;
(7)
A list of all states where the applicant
holds or ever held a license to practice psychology;
(8)
Disclosure, and explanation where applicable,
of the following information:
a.
If any malpractice claim has been made against the applicant, regardless of
whether a lawsuit was filed in relation to the claim, or whether a malpractice
claim has been settled on the applicant’s behalf in the last ten years. If the
answer to this question is yes, applicants shall complete the “Report of
Malpractice Claims or Suits Filed” form, described in (d) below;
b.
If the applicant has ever applied for licensure or to sit for an examination,
or taken an examination, under a different name;
c.
If the applicant has ever been denied
the privilege of taking or finishing an examination, or been accused of
cheating or improper conduct during an examination, since the applicant
graduated from high school;
d.
If the applicant has ever failed any
national licensure examination, or any part of that examination or state board
examination, even if the applicant later passed that examination;
e. If the
applicant has been denied a psychology license, certificate, or registration
anywhere for any reason;
f.
If the applicant has ever had staff
privileges, employment or appointment in a hospital or other healthcare
institution denied, limited, suspended or revoked, or if the applicant has ever
resigned from a medical staff in lieu of disciplinary action;
g.
If the applicant has any formal
disciplinary charges pending or if any disciplinary action has been taken
against the applicant by any psychology licensing board, any health care
facility, or any psychological professional association;
h. If the applicant voluntarily surrendered a
license to engage in the practice of psychology in lieu of disciplinary action;
i. If the applicant has ever been a defendant in
a criminal proceeding including driving while under the influence or driving
while suspended, which has not been annulled by a court, but not including
traffic offenses not classified as misdemeanors or felonies;
j.
If the applicant has ever had or
currently has a mental illness or other disorder which impaired his or her
ability to practice psychology, and if so, the treatment received and the
outcome of such treatment;
k.
If the applicant is now, or has been
during the last five years, dependent upon alcohol or habituating drugs or
undergone treatment for such;
l.
An indication of the applicant’s
anticipated practice location(s), if known;
g.
Attestation that the licensee has
complied with the continuing education requirements of Psyc
402;
h.
Attestation that the licensee has not
been found to be abusive towards any child or elderly person by an
administrative agency;
i. A criminal background check processed through
the New Hampshire State Police;
j.
A representation that the licensee
acknowledges that the provision of false information in the application is a
basis for disciplinary action by the board; and
k.
The fee established by RSA 310-A:1-e;
(9)
Documentation of compliance with the
continuing education requirements of Psyc 402.01;
(10)
A description of collaboration
activities pursuant to Psyc 403;
(11)
The applicant’s dated signature which
acknowledges that he or she releases from liability the State of NH, the board
and its agents and representatives, and any person furnishing information,
records, or documents;
(12)
A signed, notarized affidavit stating
that the applicant is the person referred to in the application, that he or she
has studied the treatment of human ailments for not less than 4 school years,
that he or she has received a doctoral degree in psychology, that all the
statements in the application are true, and that there are no disciplinary
actions pending or brought against the applicant except as disclosed in the
application; and
(13) A passport sized photograph of the applicant.
(c) The filing fee
established by RSA 310-A:1-e.
(d)
Applicants for reinstatement who answer “yes” to (b)(4)a. above shall
submit a “Report of Malpractice Claims or Suits Filed” form, supplied by the
board, for each such claim filed against the applicant, containing the
following:
(1) The name of the claimant;
(2) The name of the defendant;
(3) Whether it is a new claim or suit;
(4) The date the claim or suit was filed or
opened;
(5) The court name;
(6) The name of the insurance company;
(7) The docket number;
(8) The claim number;
(9) The date of the incident or alleged incident;
(10) The current legal status of the claim;
(11) The general nature of the claim; and
(12) The applicant’s dated signature.
(e) An applicant for reinstatement under this
section shall obtain verification from all states where he or she currently
holds or has ever held a license to practice psychology, by providing a
“Licensure Verification Form”, supplied by the board, directly to the licensing
entity, containing the following information:
(1) To be supplied by the applicant:
a. The applicant’s name;
b. The applicant’s mailing address;
c. The applicant’s date of birth;
d. The applicant’s license number; and
e. The applicant’s signature; and
(2) To be supplied by the licensing entity:
a. The name of the licensing entity;
b. The full name of the licensee;
c. The license number;
d. An indication of whether the license is
current or expired;
e. The license expiration date;
f. An indication of whether the license is
restricted and, if so, an explanation of such restrictions on a separate piece
of paper;
g.
An indication of whether there has ever been disciplinary action taken against
the licensee and, if so, an explanation of such action on a separate piece of
paper;
h. Whether there are any currently pending
investigations against the licensee and, if so, an explanation of such
investigations on a separate piece of paper;
i. The official seal of the licensing entity;
and
j. The signature and title of the person
completing the form.
Source. #12035-B, eff 11-4-16
Psyc 404.02 Denial of Reinstatement. Reinstatement of a license shall be denied if
the board finds:
(a) Noncompliance with the continuing education requirement of Psyc 402 or collaboration requirement of Psyc 403;
(b) Failure to
furnish complete or accurate information on the reinstatement license
application;
(c) That the
requirements of RSA 329-B and Psyc 303.01 as to
character have not been met;
(d) Failure to pay
the fee established by RSA 310-A:1-e; or
(e) More than 6 months has elapsed since the date
of license expiration.
Source. #12035-B, eff 11-4-16
CHAPTER Psyc 500 ETHICAL STANDARDS, RESPONSIBILITIES OF
PSYCHOLOGISTS,
AND PROFESSIONAL
MISCONDUCT
PART Psyc 501 ETHICAL AND PROFESSIONAL STANDARDS
Psyc 501.01 Obligation
to Obey. All psychologists shall be
bound to the ethical standards set forth in this part. Disciplinary sanctions may be imposed for
violation of any such standards.
Source. #12035-B, eff 11-4-16
Psyc 501.02 Code
of Ethics.
(a) A psychologist shall adhere to all ethical
standards of the “Ethical Principles of Psychologists and Code of Conduct
(Ethics Code)” of the APA, effective June 1, 2003, as amended, effective
January 1, 2017, as specified in Appendix B.
(b) A psychologist shall adhere to the following
standards:
(1) A psychologist
shall provide honest and accurate information in reports;
(2) A psychologist
shall refrain from any behavior a reasonable person would interpret as
exploiting the practitioner-patient relationship in a sexual way; and
(3) A psychologist
shall not terminate a therapeutic relationship for the purpose of circumventing
any provision of the code of ethics imposed by this subsection.
(c) A psychologist providing electronic and
remote delivery of services shall adhere to the following:
(1) All ethical and
professional standards;
(2) All New Hampshire
laws and rules governing the profession; and
(3) The “Guidelines
for the Practice of Telepsychology” published by the American Psychological
Association (APA) published 2013.
Source. #12035-B, eff 11-4-16l ss by #13575, eff
5-2-23
Psyc 501.03 Standards
for the Selection of Disciplinary Sanctions.
(a) The purpose of disciplinary sanction shall be
to:
(1) Protect public
health and safety, both as to the complainant and the public; and
(2) Prevent future
misconduct by the licensed psychologist through correction of educational or
other deficiencies which led to the finding of misconduct;
(b) In addition to the conduct described in RSA
329-B: 21, II, the board shall consider the following conduct as aggravating
factors:
(1) The misconduct
caused, or had the potential to cause, physical or mental harm to the client or
another person;
(2) The misconduct
repeated earlier misconduct by the psychologist, as determined by:
a. An earlier
hearing;
b. An earlier settlement agreement predicated on the same
type of misconduct by the psychologist; or
c. An admission by
the psychologist; or
(3) The misconduct
was intentional, rather than the result of negligence or inadvertence.
(c) In considering which sanction or combination
of sanctions to impose, the board shall consider the following conduct as mitigating
factors:
(1) The misconduct
did not cause, or have the potential to cause, physical or mental harm to the
client or another person;
(2) The misconduct is
the first misconduct of this type by the licensee reported to board;
(3) The misconduct
was the result of mistake, lack of due care, or inadvertence;
(4) The licensee
either self-reported the misconduct, or cooperated fully in the investigation
of a complaint made by another person; or
(5) The licensee has
proposed a corrective action plan which will fully meet the purposes of
disciplinary sanction noted above.
(d)
The board shall take disciplinary action
by imposing one or more of the sanctions permitted by RSA 329-B: 21, III, and
shall make written finding supporting its decision, including:
(1) The presence or absence of aggravating or
mitigating factors as set forth above; and
(2) Any other factor
which the board determines to be relevant to reach a decision it determines to
be appropriate and consistent with the purposes of sanction set forth in this
section.
Source. #12035-B, eff 11-4-16
PART Psyc 502 RESPONSIBILITIES OF PSYCHOLOGISTS
Psyc 502.01 Responsibilities
of Psychologists.
(a) A psychologist shall:
(1) Comply with all
applicable rules adopted by the board of psychologists;
(2) Submit truthful
and correct information, to the best of the psychologist’s knowledge and
belief, in any application or other document filed with or statement made to
the board of psychologists; and
(3) Cooperate with
investigations and requests for information from the board of psychologists.
(b) A psychologist shall have an ongoing duty to
inform the board of psychologists of:
(1) A principal
business address to which all official board of psychologists communications
should be directed;
(2) Any change or
abandonment of a business or practice address within 30 days of the
change;
(3) Any disciplinary
action taken against the psychologist by a state, regional or national agency
or associated health care facility within 30 days of the action; and
(4) Pursuant to RSA
329-B:21, II, an arrest for a felony level crime, within 7 days of the arrest.
(c) Psychologists shall promote accuracy, honesty,
and truthfulness in the practice of psychology by:
(1) Making the
current license publicly available;
(2) Making available
in his or her office information regarding how patients may contact the board
of psychologists regarding complaints about their treatment or billing;
(3) Not advertising
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;
(4) Not engaging in
any false or misleading advertising; and
(5) Not engaging in
any fraudulent or dishonest billing practices.
(d) A psychologist shall create, and to the extent
the records are under their control, maintain, disseminate, store, retain and
dispose of records and data relating to their professional and scientific work
in accordance with these standards:
(1) Complete and
accurate clinical and business records pertaining to each patient seen shall be
maintained for a minimum of 7 years following the last activity on the account
and for minors for a period of 7 years past the age of majority;
(2) Clinical records
shall include, at a minimum, legible date of service, type of service, outcome
of service and signature of the service provider; and
(3) Accurate and
complete copies of patient records shall be provided within 30 days of a
request by patient/guardian or the board of psychologists, regardless of
whether payment has been provided for such services.
(e) A psychologist may file a motion with the
board seeking relief from any of the requirements in (d) above, which shall
stay the duty to comply pending adjudication of such request.
Source. #12035-B, eff 11-4-16
PART Psyc
503 PROFESSIONAL MISCONDUCT
Psyc 503.01 Communications
of Alleged Misconduct Regarding a Psychologist.
(a) Communications of alleged misconduct shall be
filed at the board of psychologist offices in Concord, New Hampshire.
(b) A communication of alleged misconduct shall be
treated as a request for inquiry into the acts or omissions of a psychologist.
(c) A communication of alleged misconduct shall
contain the following:
(1) The name, address
and phone number of the petitioner;
(2) The name and
business address of the psychologist against whom the alleged misconduct is
directed;
(3) The specific facts and circumstances which are believed
to constitute professional misconduct; and
(4) A signature, date
and statement to the truth of the facts alleged as required by Psyc 204.02 (a).
(d) The board of psychologists shall make
available for public use, a form entitled “Communication of Alleged
Misconduct.” The form shall contain the
information enumerated in Psyc 503.01 (c) above, but
the use of the form shall not be required.
(e) The
withdrawal of a communication of alleged misconduct shall not preclude the
board of psychologists from independently pursuing some or all of the
allegations of misconduct alleged by the complainant.
(f) Except as
otherwise provided by law, the board of psychologists shall provide notice to
the psychologist of the alleged misconduct.
(g) The
existence of an allegation or complaint of misconduct shall not equate to a
finding of misconduct.
Source. #12035-B, eff 11-4-16
APPENDIX A
Rule |
Specific State Statute the
Rule Implements |
Psyc 101 |
RSA 329-B:1 and RSA
541-A:16, I(a) |
Psyc 102 |
RSA 329-B:3 and :6; and
RSA 541-A:16, I(a) |
Psyc 103 |
RSA 329-B:3, RSA
329-B:4; RSA 91-A; and RSA 541-A:16, I(a) |
Psyc 201-205 |
RSA 329-B:10; RSA
541-A:16 |
Psyc 202.01
intro. and (p) |
RSA 329-B:10,
XII; RSA 541-A:16, I(b) |
Psyc 204.02 |
RSA 329-B:10,
XII |
Psyc 206 |
RSA 541-A:16, I(c) |
Psyc 207 |
RSA 91-A; RSA 541-A:16,
I(b)(3) |
Psyc 208 |
RSA 541-A:1, (d) |
Psyc 209 |
RSA 541-A:11, VII |
Psyc 210.01 |
RSA 541-A:16, I(b) intro.;
RSA 541-A:22, IV |
Psyc 301 |
RSA 329-B:15 |
Psyc 302.01 – 302.03 |
RSA 329-B:15, I (a)-(e)
as amended by Laws 2015, |
Psyc 302.04 |
RSA 329-B:15, I (a)-(e) |
Psyc 302.05 |
RSA
329-B:15, I(c) |
Psyc 303.01 |
RSA 329-B:15, I(d) |
Psyc 303.02 |
RSA
329-B:15I |
Psyc 303.03- 303.04 |
RSA 329-B:20 |
Psyc 303.05 |
RSA 329-B:15, I(a), II |
Psyc 401.01-401.05 |
RSA 329-B:25 as amended
by Laws 2015, Ch. 229 RSA 329-B:25, II and III |
Psyc 401.02(d)-(g) |
RSA 126-A:5,
XVIII-a.(a); RSA 329-B:10-a |
Psyc 402.01 403.02 |
RSA 329-B:10, X |
Psyc 401.01-404.02 |
RSA 329-B:25, II |
Psyc 501 |
RSA 329-B:10, VII |
Psyc 501.02 |
RSA 329-B:10,
VII |
Psyc 502 |
RSA 329-B:10 XIV |
Psyc 503 |
RSA 329-B:10, XII |
APPENDIX B
INCORPORATION
BY REFERENCE INFORMATION
RULE |
TITLE |
OBTAIN AT |
Psyc
501.02 |
Ethical
Principles of Psychologists and Code of Conduct of the APA, effective June 1,
2003 as amended, effective January 1, 2017. |
American
Psychological Association 750 First Street,
NE Washington, DC
20002-4242 (800) 374-2721 or
(202) 336-5500. The document is
available for download at no cost at: http://www.apa.org/ethics/code/index.aspx |
Psyc
501.02(c) |
Guidelines
for the Practice of Telepsychology, published 2013 |
American
Psychological Association (APA) 750 First Street,
NE Washington, DC
20002-4242 (800) 374-2721 or
(202) 336-5500. The document is
available for download at no cost at: https://www.apa.org/practice/guidelines/telepsychology |