SB 207 - AS AMENDED BY THE SENATE
02/22/2023 0302s
02/22/2023 0638s
2023 SESSION
23-0972
06/05
SENATE BILL 207
SPONSORS: Sen. Perkins Kwoka, Dist 21; Sen. Watters, Dist 4; Sen. Gannon, Dist 23; Sen. Rosenwald, Dist 13; Sen. Bradley, Dist 3; Sen. Whitley, Dist 15; Sen. Soucy, Dist 18; Sen. Carson, Dist 14; Sen. Prentiss, Dist 5; Rep. Schapiro, Ches. 16; Rep. Grote, Rock. 24
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill:
I. Establishes a committee to study licensure of mental health professionals.
II. Adds a new definition for "peer support group" to emergency medical and trauma services and critical incident intervention and management.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/22/2023 0302s
02/22/2023 0638s 23-0972
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Legislative Findings. The general court finds that:
I. New Hampshire has a shortage of qualified mental health professionals.
II. New Hampshire competes with neighboring states to attract qualified mental health professionals.
III. Licensure requirements and licensure processes may impact the mental health workforce in New Hampshire.
2 Committee Established. There is established a committee to study and make recommendations relative to licensure of mental health professions under the board of licensing for alcohol and other drug use professionals, board of medicine, board of mental health practice, board of nursing, and board of psychology.
3 Membership and Compensation.
I. The members of the committee shall be as follows:
(a) One member of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, at least one of whom shall be from the executive departments and administration committee and at least one of whom shall be from the health, human services, and elderly affairs committee, appointed by the speaker of the house of representatives.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
4 Duties. The committee shall:
I. Review licensure criteria for mental health professionals regulated by the board of licensing for alcohol and other drug use professionals, board of medicine, board of mental health practice, board of nursing, and board of psychologists, including how such criteria relates to requirements in neighboring states.
II. Review the licensure processes of the office of professional licensure and certification as it relates to mental health professionals, including how the statutory and regulatory framework may impact the timely and efficient licensure of qualified applicants.
III. Identify and make recommendations for joining available licensure compacts or adopting an endorsement model regarding mental health professionals.
IV. Explore licensure barriers to attracting qualified mental health professionals to New Hampshire.
V. Make recommendations, if necessary, for changes to licensure regarding the board of licensing for alcohol and other drug use professionals, board of medicine, board of mental health practice, board of nursing, and board of psychologists, including how such criteria relates to requirements in neighboring states.
VI. Seek input from state agencies and boards, councils, and commissions within the office, stakeholders, and any other person or entity the committee deems relevant to its study.
VII. Consider whether elements of 2020 Emergency Orders 8, 15, and 18 have potential to alleviate the challenges with mental health licensure if incorporated into statute, where not already accomplished.
5 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
6 Report. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2023.
7 Emergency Medical and Trauma Services; Critical Incident Intervention and Management. Amend RSA 153-A:17-a, I(e) - III(b) to read as follows:
(e) "Critical incident stress management team" or "team" means the group of one or more trained volunteers, including members of peer support groups organized by a unit of state, local, [or] county government, or members of a union of emergency response/public safety workers as defined by RSA 281-A:2, V-c who offer critical incident stress management, [and] crisis intervention or peer support services following a critical incident or long term or continued, debilitating stress being experienced by emergency services providers and affecting them or their family situation.
(f) (1) "Peer Support Group" means the group of one or more trained volunteers, organized by a unit of state, local, county government or employee organization that can recognize common behavioral health issues, provide support services, and serve as a bridge to community resources or behavioral health treatment when indicated.
[(f)(1)] (2) "Critical incident stress management team member" or "team member" means an emergency services provider, including any law enforcement officer, sheriff or deputy sheriff, state police officer, civilian law enforcement employee, firefighter, civilian fire department employee, emergency medical personnel, telecommunicators, and local dispatchers specially trained to provide critical incident stress management, [and] crisis intervention or peer support services as a member of an organized and registered team.
[(2)] (3) In this subparagraph:
(A) "Telecommunicator" means an employee of the department of safety, division of emergency services and communications who is responsible for receiving at the public safety answering point telephone calls made to E911 and transferring or relaying such calls to public or private safety agencies.
(B) "Local dispatcher" means a person who determines the location, status, and assistance required by callers and walk-in customers for public safety services and dispatches the appropriate police, fire, ambulance, or other units to provide needed emergency services at the state, city, town, or private emergency services level.
II.(a) Team members shall undergo and sustain certification standards set forth in guidelines established by the International Critical Incident Stress Foundation (ICISF) approved by the commissioner of the department of safety, or a similar organization for which the commissioner shall not unreasonably withhold approval. The team shall be registered with ICISF, or a similar organization, and maintain training standards to date as required.
(b) All critical incident stress management team members or peer support group members, sworn or civilian, shall be designated by the police chief, sheriff, director of the division of state police, fire chief, or director of the division of emergency services and communications, or head of an employee organization.
III.(a) Any information divulged to the team, [or a] team member or peer support group member, during the provision of critical incident stress management, [and] crisis intervention or peer support services shall be kept confidential and shall not be disclosed to a third party or in a criminal, civil, or administrative proceeding. Records kept by critical incident stress management team members or peer support group are not subject to subpoena, discovery, or introduction into evidence in a criminal, civil, or administrative action. Except as provided in subparagraph (c), no person, whether critical incident stress management team member, [or] team leader or peer support group member providing or receiving critical incident stress management, [and] crisis intervention or peer support services, shall be required to testify or divulge any information obtained solely through such crisis intervention.
(b) The purpose of this section is to provide a consistent framework for the operation of critical incident stress management teams, peer support groups, and their members. In any civil action against any individual, agency, or government entity, including the state of New Hampshire, arising out of the conduct of a member of such team, this section is not intended and shall not be admissible to establish negligence in any instance where requirements herein are higher than the standard of care that would otherwise have been applicable in such action under state law.
I. Section 7 of this act shall take effect 60 days after its passage.
II. The remainder of this act shall take effect upon its passage.