CHAPTER Mhp 500
ETHICAL AND PROFESSIONAL STANDARDS, RESPONSIBILITIES OF LICENSEES
PART Mhp 501 ETHICAL AND PROFESSIONAL STANDARDS
Mhp 501.01 Obligation to Obey. All licensees shall be bound to the ethical
standards set forth in this part.
Disciplinary sanctions may be imposed for violation of any such
standards.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93;
EXPIRED: 7-22-99
New. #7625, eff 1-10-02,
EXPIRED: 1-10-10
New. #9854, eff 1-25-11;
ss by #10790, eff 2-24-15; ss by #13278, eff 10-19-21)
Mhp 501.02 Code
of Ethics.
(a)
A licensee shall adhere to the code of ethics of the profession in which
they are licensed, as adopted by the following entities:
(1) For “pastoral psychotherapists” the NH Pastoral
Psychotherapist Association code of ethics dated December 2019;
(2) For “clinical social workers” the National
Association of Social Workers code of ethics, effective January 1, 2018, as
referenced in Appendix B;
(3)
For “mental health counselors” the American Mental Health Counselors
Association code of ethics revised 2020, as referenced in Appendix B; and
(4) For “marriage and family therapists” the
American Association for Marriage and Family Therapists code of ethics of dated
January 1, 2015 as referenced in Appendix B.
(b)
A copy of all codes of ethics referenced in Mhp
501.02 may be obtained either in the manner referenced in Appendix B or by
contacting the board office and requesting a copy be sent via:
(1) Email at no cost; or
(2) US Mail at $.10 per page copy fee.
(c)
A licensee shall adhere to the following standards:
(1) A licensee shall provide honest and accurate
information in reports; and
(2) A licensee shall maintain sexual boundaries
by:
a. Refraining from any behavior a reasonable
person would interpret as exploiting the practitioner-patient relationship in a
sexual way; and
b. Avoiding any behavior by the mental health practitioner, which could be interpreted as sexual by a reasonable person, even when initiated by or consented to by the patient.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93;
EXPIRED: 7-22-99
New. #7625, eff 1-10-02,
EXPIRED: 1-10-10
New. #9854, eff 1-25-11;
ss by #10790, eff 2-24-15; amd by #12505, eff 3-30-18;
amd by #13013, EMERGENCY RULE, eff 3-30-21, EXPIRED:
9-26-20
New. #13278, eff 10-19-21
PART Mhp 502 RESPONSIBILITIES
OF LICENSEES
Mhp 502.01 Responsibilities of
Licensees.
(a) A licensee shall comply with all applicable
rules adopted by the board.
(b) A licensee
shall submit only truthful and correct information, to the best of the
licensee’s knowledge and belief, in any application or other document filed
with or statement made to the board.
(c) A licensee shall cooperate with
investigations and requests for information from the board.
(d) A licensee shall inform the board of:
(1) A principal
business address to which all official board communications should be directed;
and
(2) All
addresses where the licensee is practicing.
(e) A licensee shall report to the board within
30 days any change or abandonment of a business address by completing the
“Change of Address” form, dated June 10, 2014, as supplied by the board.
(f) A licensee shall display in a conspicuous
place at his or her principal business address a current license issued by the
board.
(g) A licensee shall know and have available in
his or her office information regarding how patients may contact the board
regarding complaints about their treatment or billing.
(h) A licensee shall display at his or her
principal business address a copy of the mental health bill of rights described
in Mhp 502.02.
(i) A licensee shall
not advertise any service as free if the patient is charged for any aspect of
the treatment provided on the office visit when the free service was provided,
or otherwise engage in any false or misleading advertising.
(j) A licensee shall not engage in any fraudulent
or dishonest billing practices.
(k) A licensee shall maintain complete and
accurate clinical and business records pertaining to each patient seen for a
minimum of 7 years following the last activity on the account and for minors
for a period of 7 years past the age of majority.
(l) A licensee shall maintain clinical records
that include, at a minimum, legible date of service, type of service, outcome
of service and signature of service provider.
(m) Except as otherwise provided by law, a
licensee shall within 30 days furnish complete and accurate copies of patient
records, or in appropriate circumstances, original patient records upon request
of the patient, or if the patient is under the age of 18, the request of their
parent or guardian, unless prohibited by a court order.
(n) A licensee shall inform the board within 30
days of any disciplinary action taken against the licensee by a state, regional,
or national agency or association.
(o)
A licensee shall have a professional will which means a written
plan in place for management of clinical records in case his or her
incapacitation, retirement, or practice closure, which identifies an individual
or entity who shall oversee the professional will. Such individual shall be a licensee of the
board.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93;
EXPIRED: 7-22-99
New. #7625, eff 1-10-02,
EXPIRED: 1-10-10
New. #9854, eff 1-25-11;
ss by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 502.02 Mental Health Bill of Rights.
(a) The board shall provide each licensee with a
client bill of rights to read as follows:
“This Mental Health Bill of Rights is provided by law
to persons receiving mental health services in the State of
(1) To be
treated in a professional, respectful, competent, and ethical manner consistent
with all applicable state laws and the following professional ethical
standards:
a. For
independent clinical social workers; the National Association of Social Workers;
b. For pastoral
psychotherapists; the NH Association of Pastoral Psychotherapists;
c. For clinical
mental health counselors; the American Mental Health Counselors Association;
and
d. For marriage
and family therapists; the American Association for Marriage and Family
Therapists.
(2) To receive
full information about your treatment provider’s knowledge, skills, experience and credentials.
(3) To have the
information you disclose to your mental health provider kept confidential
within the limits of state and federal law.
Communications between mental health providers and clients are typically
confidential, unless the law requires their
disclosure. Mental health providers will
inform you of the legal exceptions to confidentiality, and should such an
exception arise, will share only such information as required by law. Examples of such exceptions include but are
not limited to:
a. Abuse of a child;
b. Abuse of an
incapacitated adult;
c. Health
Information Portability and Accountability Act (HIPAA) regulation compliance;
d. Certain
rights you may have waived when contracting for third party financial coverage;
e. Orders of
the court; and
f. Significant
threats to self, others or property.
(4) To a safe
setting and to know that the services provided are effective and of a quality
consistent with the standard of care within each profession and to know that
sexual relations between a mental health provider and a client or former client
are a violation of the law (RSA 330-A:36).
(5) To obtain
information, as allowed by law, pertaining to the mental health provider’s
assessment, assessment procedures and mental health diagnoses (RSA 330-A:2 VI).
(6) To
participate meaningfully in the planning, implementation, and termination or
referral of your treatment.
(7) To document
informed consent: to be informed of the risks and benefits of the proposed
treatment, the risks and benefits of alternative treatments, and the risks and
benefits of no treatment. When obtaining
informed consent for treatment for which safety and effectiveness have not been
established, therapists will inform their clients of this and of the voluntary
nature of their participation. In
addition, clients have the right to be informed of their rights and
responsibilities, and of the mental health provider’s practice policies regarding
confidentiality,
office hours, fees, missed appointments, billing policies,
electronic communications, managed care issues, record management, and other
relevant matters except as otherwise provided by law.
(8) To obtain
information regarding the provision(s) for emergency coverage.
(9) To receive
a copy of your mental health record within 30 days upon written request (except
as otherwise provided by law), by paying a nominal fee designed to defray the
administrative costs of reproducing the record.
(10) To know
that your mental health provider is licensed by the State of
a. You have the
right to obtain information about mental health practice in
b. You have the
right to discuss questions or concerns about the mental health services you
receive with your provider.
c. You have the
right to file a complaint with the Board of Mental Health Practice.”
(b) A licensee shall post a copy of the above
mental health bill of rights in a prominent location in the office of the
mental health practitioner and provide a copy upon request.
(c) A licensee shall provide a copy of the mental
health bill of rights to the client and/or agency if the assessment, consultation or intervention is provided outside the office.
(d) A licensee shall, when a client is under the
age of 18, assure these rights are applied through, and to, the parent or
guardian of their client, unless limited by a court order.
Source. (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93;
EXPIRED: 7-22-99
New. #7625, eff 1-10-02;
ss by #8056, eff 2-28-04; ss by #9854, eff 1-25-11; ss by #10790, eff 2-24-15;
ss by #13278, eff 10-19-21
PART Mhp
503 ALLEGATIONS
OF LICENSEE MISCONDUCT
Mhp 503.01 Definitions.
(a) “Administrative Prosecutions Unit”
(APU) means the administrative prosecutions unit of the Attorney General’s
office.
(b) “Board investigator” means a person
licensed by the board and appointed for overseeing the activities of the
professional conduct investigators.
(c) “Communication of alleged misconduct”
means a written statement received by the board suggesting professional misconduct
of a licensee under RSA 330-A:27, II or Mhp 500.
(d) “Complaint” means a communication of
alleged misconduct containing information as the board shall determine, if
true, could violate ethical codes, administrative rules, or the law.
(e) “Consent decree” means a final and
binding order that is issued by agreement of all parties.
(f) “Corrective action” means settlement
agreements between the board and a licensee whereby the licensee agrees to make
certain changes in his or her practice, to undertake clinical supervision, or
to take some recommended program in exchange for the board’s ultimate dismissal
of the complaint.
(g) “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) Computer
printouts; or
(10) All
electronic communications and information.
(h) “Disciplinary proceeding” means an
adjudicative proceeding commenced by the board for the purpose of examining
alleged misconduct by a licensee.
(i) “Hearing
counsel” means an individual appointed by the board to present licensee
misconduct allegations and denials of applications for licensure to the board.
(j) “Investigation” means a gathering of
data by the board concerning matters within its jurisdiction.
(k) “Letter of concern” means a written
letter from the board drawing the licensee’s attention to specific acts or
omissions that could place the licensee at risk of future disciplinary
action. A letter of concern is non-disciplinary
and is sent to the licensee following a complaint or investigation.
(l) “Mediation” means an informal,
confidential process facilitated by a qualified neutral party, and intended to
resolve conflicts by agreement.
(m) “Order” means a document issued by the
board:
(1)
Establishing procedures to be followed in an adjudicative or
non-adjudicative 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 330-A.
(n) “Petition” means any request to the
board seeking an order or any other action for relief, but does not include a
license application or a motion.
(o) “Presiding officer” means the board
member or other individual to whom the board has delegated authority to preside
over some or all aspects of an adjudicative or other proceeding.
(p) “Professional conduct investigator”
(PCI) means a trained licensed mental health practitioner who, as an agent of
the board, under the guidance of the board investigator discovers facts and
makes reports to the board.
(q) “Report of investigation” (ROI) means
report of information, facts, and data gathered for the board.
(r) “Settlement agreement” means a written
order of the board acknowledging consent of the licensee to enter stipulated
facts and imposing disciplinary actions consented to by the licensee to resolve
certain allegations of licensee misconduct.
Source. #9854, eff 1-25-11;
ss by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 503.02 Communications
of Alleged Misconduct Regarding a Licensee.
(a)
Communications of alleged misconduct shall be filed at the board's
offices in
(b)
A communication of alleged misconduct shall be treated as a request for
inquiry into the acts or omissions of a licensee.
(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 licensee
against whom the alleged misconduct is directed;
(3) The
specific facts and circumstances which are believed to constitute professional misconduct;
(4) The exact date or dates upon which the misconduct
is alleged to have occurred;
(5) Whether the alleged misconduct arose or occurred
in connection with pending litigation; and
(6) A signature
and date as required by Mhp 205.02 (a).
(d)
The board shall make available for public use, a form entitled
“Communication of Alleged Misconduct.”
The form shall require the information enumerated in Mhp
503.02 (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 from independently pursuing some or all of
the allegations of misconduct alleged by the complainant.
Source. #9854, eff 1-25-11;
ss by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 503.03 Action on Communications of
Alleged Misconduct.
(a) The board shall decline to take action on any communication
of misconduct
alleged to have occurred more than 3 years before the date of filing the
communication or complaint with the board provided the board determines that it
is in the interest of justice to do so and sets forth its reasons.
(b) The board shall decline to take action on any communication of misconduct alleged to have arisen or
occurred in connection with litigation, or postpone
consideration of it until the litigation is concluded provided the board
determines that it is in the interest of justice to do so and sets forth its
reasons.
(c) The
board shall dismiss a communication of alleged misconduct at any time upon a
determination that it:
(1) Fails to state a cause of action; or
(2) Alleges conduct that could not be adequately
addressed by the board for reasons such as excessive passage of time under the
circumstances or lack of jurisdiction
(d) The board shall determine that a
communication of alleged misconduct constitutes a complaint when, if true, the
alleged misconduct could violate ethical codes, administrative rules or the law.
(e) The board shall investigate the complaints by
taking any or all of the following actions:
(1) Conduct an
informal investigation pursuant to Mhp 207.01;
(2) Commence a
formal investigation pursuant to Mhp 207.02; or
(3) Commence a
disciplinary proceeding pursuant to Mhp 504.
Source. #9854, eff 1-25-11
(formerly Mhp 402.02); ss by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 503.04 Misconduct
Investigations.
(a) The type, form, and extent of an
investigation shall be determined by the board as described in Mhp 207.
(b) Investigations, including those initiated
because of a communication of alleged misconduct shall be conducted on an ex parte basis.
(c) If, in the course of
an investigation, a professional conduct investigator receives data which leads
him or her to believe that an additional violation of any statute administered
by the board, or of any rule of the board has occurred, the investigator shall
request additional instruction from the board as to whether to expand the scope
of the investigation.
(d) At the conclusion of any investigation, the
professional conduct investigator shall make a written report to the board. The report may contain information from which
the board shall determine whether or not further
action appears to be warranted.
(e) A report of investigation and all information
gathered by the professional conduct investigator shall be confidential except
that:
(1) The report
of investigation shall be given to the board;
(2) Information
gathered in an investigation shall become subject to public disclosure if it is
introduced as evidence in a disciplinary hearing;
(3) The board
shall provide the report of investigation or that portion of information
gathered during an investigation and relevant to criminal activity to law
enforcement agencies when mandated by law or it appears that criminal laws
might have been violated; and.
(4) The board
shall provide information gathered in misconduct investigations to:
a.
Board investigators or prosecutors; and
b.
Licensee, a summary of the facts contained in the report of
investigation (ROI) in contemplation of good faith settlement proceedings.
(f)
The board shall request further
investigation upon receiving new material information or upon a determination
that some aspect of the initial allegation was not thoroughly explored.
Source. #9854, eff 1-25-11
(formerly Mhp 210.04); ss by #10790, eff 2-24-15; ss by
#13278, eff 10-19-21
Mhp 503.05 Professional
Conduct Investigators.
(a)
In addition to those PCIs defined in Mhp
503.01(p), the board shall appoint any trained individual or attorney as a PCI
to discover facts and make reports to the board when additional expertise or
staffing is needed.
(b)
The board investigator shall:
(1) Oversee the
PCIs who are appointed by the board;
(2) Assign
cases to the PCIs;
(3) Oversee the
PCIs’ training; and
(4) Arrange PCIs’
supervision as appropriate;
(c) A PCI shall not be appointed to conduct investigations for
the board for more than 2 consecutive 3 year terms;
(d)
All PCIs shall serve at the pleasure of the board; and
(e)
All PCIs shall receive one hour of continuing education for each hour
they meet with the board investigator for a maximum of 12 hours. Three of these
hours shall include ethics.
Source. #9854, eff 1-25-11;
ss by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 503.06 Action on Complaints. Upon conclusion of any investigation into a
complaint, the board shall take one of the following actions:
(a)
Conclude that the complaint requires no further action. If a licensee
wishes to file a response with the board following that determination, the
board shall place that letter in the licensee’s file;
(b) Refer the matter for mediation
contingent upon receipt of consent of the petitioner within (10) days of the
date of the order;
(c) Issue a confidential letter of
concern, which shall not be considered a disciplinary action of the board. If a licensee wishes to file a response with
the board to that letter of concern, the board shall place that letter in the
licensee’s file; and
(d)
Determine that a violation might have occurred and send the complaint to
APU for resolution which could include:
(1) Corrective action;
(2) Settlement
pursuant to Mhp 503.07; or
(e)
Initiate disciplinary proceedings in accordance with Mhp
504.
Source. #9854, eff 1-25-11;
ss by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 503.07 Settlement
Agreements.
(a)
Upon receiving the consent of the licensee to a specific written
proposal, the board shall consider whether to approve a settlement agreement or
a consent decree which resolves some or all of the
issues raised in the investigation of a misconduct complaint.
(b)
Motions to approve settlement agreements shall be entertained until a
notice of hearing is issued. Thereafter,
resolution by agreement, if one is approved, shall be accomplished by means of
a consent decree.
Source. #9854, eff 1-25-11; ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
PART
Mhp
504 DISCIPLINARY PROCEEDINGS
Mhp 504.01 Applicability. This part shall govern all disciplinary
proceedings conducted by the board.
Source. #9854, eff 1-25-11
(formerly Mhp 206.01); ss by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 504.02 Commencement of Disciplinary
Proceedings.
(a)
The board shall commence a disciplinary proceeding by issuing a notice
of hearing to the parties at least 15 days before the first scheduled hearing
date or first prehearing conference.
(b) The notice commencing a disciplinary
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
regulations;
(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 date for a
public 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 confidentially 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; and
(10) 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 to be heard;
b.
Orders directing the production or exchange of documents; and
c.
Notification that a stenographic recording of the hearing shall be taken
and preserved.
(c)
A petitioner shall be a party to a disciplinary proceeding instituted by
the board only if the board issues an order conferring the petitioner with
party status. If the petitioner is not
granted party status and some or all of the allegations in a communication of
alleged misconduct become the subject of a disciplinary hearing, the notice of
hearing shall inform the petitioner of his or her right to intervene in the
proceeding, or shall include findings that the petitioner has forfeited this
right by failing to cooperate with the previous board orders or investigatory
requests.
Source. #9854, eff 1-25-11 (formerly Mhp 206.02); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp
504.03 Docketing, Service of Notice,
and Public Notice.
(a) The board
shall assign each disciplinary proceeding a docket number, and serve the
hearing notice upon all parties to the proceeding and the board’s legal counsel
in the civil bureau, department of justice.
The hearing notice shall be served upon the respondent, and the
petitioner, if any, by means of certified mail.
(b)
Service of all subsequent orders, decisions, and notices issued by the
board, including any amendments to the hearing notice, shall be served upon the
parties, including any interveners, by regular mail.
(c)
Orders, notices, and decisions of the board, and motions, memoranda,
exhibits, and other documents and data submitted to the board in a docketed
case shall be kept in a docket file and made available for public inspection in
the board's office except to the extent that confidentiality has been provided
for by law.
(d)
If an attorney has filed an appearance for any party, service by regular
mail upon that attorney shall satisfy any notice required under Mhp 504.03 (a) and (b.)
Source. #9854, eff 1-25-11 (formerly Mhp 206.03); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 504.04 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 the petitioner has a
substantial interest in the proceeding, the petitioner requested intervention
in accordance with these rules, and if granting intervention will not prejudice
a party or unduly delay the board’s proceedings.
(c)
Once granted leave to intervene, an intervener 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. #9854, eff 1-25-11 (formerly Mhp 206.04); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp
504.05 Right to Counsel. Parties and witnesses in disciplinary
proceedings shall have the right to representation. Any representative of a party or witness
shall first file a letter announcing the fact of representation at the earliest
date practical. Requests for appointment
of counsel shall not be entertained and the board shall have no responsibility
for the legal expenses of any licensee, petitioner, intervener, or witness.
Source. #9854, eff 1-25-11 (formerly Mhp 206.05); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 504.06 Ex Parte
Communications. Once a disciplinary
proceeding has been commenced, no party shall communicate with a member of the
board or the participating panel concerning the merits of the case except upon
notice to all parties and in accordance with the rules of this chapter. Nor shall any party cause another person to
make such communications or otherwise engage in conduct prohibited by RSA
541-A:36.
Source. #9854, eff 1-25-11 (formerly Mhp 206.14); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 504.07 Prehearing
Conferences.
(a)
At any time following the commencement of a disciplinary proceeding, the
presiding officer, upon motion, or upon his or her own initiative, may request the
parties attend one or more prehearing conferences pursuant to Mhp 208.07 when such a conference would aid in the
disposition of a proceeding.
(b)
The board shall cause prehearing conferences to be recorded unless all
parties wish to discuss possible settlement off the record. Matters agreed upon by all parties at a
prehearing conference shall be reflected in an appropriate order.
(c)
Contested issues identified upon by the presiding officer at the time of
the prehearing conference shall be reserved until the time of the disciplinary
hearing.
Source. #9854, eff 1-25-11 (formerly Mhp 206.06); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp
504.08 Discovery and Disclosure.
(a)
The board shall provide for the disclosure of any investigative report
or other unprivileged information in the possession of the board, which is
reasonably related to the subject matter of the proceeding.
(b)
Parties shall attempt to agree among themselves concerning the mutual
exchange of relevant information. If
these efforts prove unsuccessful, a party wishing to initiate discovery against
another party, shall, by motion, seek leave to do so and shall identify the
exact type of discovery requested.
(c)
Discovery shall be ordered when the parties cannot adequately address
specific relevant factual issues at the time fixed for the presentation of
evidence, and addressing these issues at a subsequent time would place the
requesting party at a material disadvantage.
(d)
At least 14 days before the hearing the parties and any intervenor shall
provide to the other parties and intervenors:
(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. #9854, eff 1-25-11 (formerly Mhp 206.08); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp
504.09 Subpoenas.
(a) In
disciplinary proceedings, a party requesting the board to authorize a subpoena
shall attach a copy of the proposed subpoena to its motion. The requesting party shall be responsible for
the service of the subpoena and payment of any applicable witness fee and
mileage expenses.
(b)
Subject to the limitations of RSA 330-A:28. V and RSA 330-A:32, 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. 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.
(c)
The board shall grant a motion for a subpoena or quash a subpoena
providing there is a preponderance of the evidence to support the motion.
(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 disciplinary proceedings 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;
(3) Continue
with the disciplinary proceedings and defer all, or part, of the subpoena
enforcement issues; or
(4) Determine
there was just cause for the failure to comply with the subpoena.
(e)
For purposes of (d) above, just cause shall include:
(1) Illness;
(2) Accident;
(3) Death of a
family member; or
(4) Other
circumstances beyond the control of the party.
Source. #9854, eff 1-25-11 (formerly Mhp 206.08); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 504.10 Evidence
– Disciplinary Proceedings.
(a)
The evidentiary privileges recognized by the law of
(b)
All data which will reasonably assist the board arrive at the truth
shall be admissible.
(c)
Oral testimony shall be allowed unless the board, upon a finding that
written evidence would be more efficient and would not result in material
prejudice, orders that some or all of the evidence be submitted in written
form.
(d)
If the board officially notices a fact, it shall so state, and permit
any party, upon timely request, the opportunity to show the contrary.
(e)
Witnesses appearing before the board shall testify under oath or
affirmation.
Source. #9854, eff 1-25-11 (formerly Mhp 206.09); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp
504.11 Records of Disciplinary Proceedings. The board shall cause a record to be made of
hearings and prehearing conferences.
Source. #9854, eff 1-25-11 (formerly Mhp 206.15); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 504.12 Proposed
Findings of Fact and Conclusions of Law.
(a)
Parties may submit proposed findings of fact or conclusions of law each
of which shall be set forth in
separately numbered paragraphs.
(b)
The presiding officer may direct any party to submit proposed findings
of fact or conclusions of law if the presiding officer believes they would be
helpful in deciding the case.
(c)
Individual rulings upon such proposed findings or conclusions shall be
included as part of any proposed or final decision or order issued.
Source. #9854, eff 1-25-11 (formerly Mhp 206.13); ss
by #10790, eff 2-24-15 ss by #10790, eff 2-24-15; ss by
#13278, eff 10-19-21
Mhp
504.13 Burden of Proof.- Disciplinary
Proceedings. A finding of licensee
misconduct shall be based upon a preponderance of the evidence.
Source. #9854, eff 1-25-11 (formerly Mhp 206.10); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
PART Mhp 505 DISPOSITION OF DISCIPLINARY PROCEEDINGS
Mhp 505.01 Disciplinary
Sanctions.
(a) When the board receives information
indicating that a licensee has engaged in or is likely to engage in
professional misconduct which poses an immediate danger to life or health, the
board shall issue an order pursuant to RSA 330-A:30, which sets forth the alleged misconduct and
immediately suspends the license for up to 90 days pending completion of a
disciplinary proceeding on the specified issues.
(b) Other than immediate license suspension
authorized by RSA 330-A:30, the board shall take further action only:
(1) After prior
notice and an opportunity to be heard has been granted to the licensee pursuant
to Mhp 504; or
(2) Pursuant to
an agreed upon settlement or consent decree.
Source. #9854, eff 1-25-11 (formerly Mhp 402.03); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 505.02 Standards
for the Selection of Sanctions.
Sanctions by the board shall be determined as follows:
(a) The board shall select appropriate
sanction(s) from the list in Mhp 503.06, choosing the
sanction or combination of sanctions most likely to:
(1) Protect
public health and safety;
(2) Prevent
future misconduct by the licensee;
(3) Take into
account any acknowledgement of fault by the licensee and any cooperation by the
licensee with the board’s investigation of misconduct;
(4) Correct any attitudinal, educational, or other
deficiencies which led to the licensee’s misconduct;
(5) Encourage
the responsible practice of mental health; and
(6) Demonstrate
to the licensee and the public the board’s intention to insure that its
licensees practice in accordance with applicable law and the public welfare.
(b) In determining which sanction or combination
of sanctions to impose, the board shall:
(1) First
determine the nature of the act or omission constituting the misconduct done by
the licensee;
(2) Next determine
whether the misconduct has one or more of the characteristics listed in (c)
below; and
(3) Finally,
apply the standards in Mhp 505.02(a).
(c) The characteristics shall be:
(1) The
misconduct actually caused physical or mental harm to the client or another
person;
(2) The
misconduct had the potential to cause physical or mental harm to the client or
another person;
(3) The
misconduct repeated earlier misconduct done by the licensee, as determined by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on the same misconduct by the licensee; or
c. An admission
by the licensee;
(4) The
misconduct was not the first misconduct by the licensee, as determined by:
a. An earlier
hearing;
b. An earlier
settlement agreement predicated on the same
misconduct by the licensee; or
c. An admission
by the licensee; and
(5) The
misconduct was intentional rather than the result of negligence or
inadvertence.
Source. #9854, eff 1-25-11; ss by #10790, eff 2-24-15;
ss by #13278, eff 10-19-21
Mhp 505.03 Board
Actions Taken After Disciplinary Action.
(a) When the board receives notice that a
licensee has been subjected to suspension or revocation of a license or
registration, similar to one issued under this chapter, in another jurisdiction
and not reinstated the board shall issue an order directing the licensee to
demonstrate why reciprocal action should not be imposed in
(b) Copies of board orders imposing disciplinary
sanctions and copies of all settlement agreements or consent decrees shall be
sent to the certifying/licensing body of each state in which the licensee is
certified or licensed and to such other entities, organizations, associations,
or boards as are required to be notified under the applicable state or federal
law or to anyone who requests a copy.
Source. #9854, eff 1-25-11; ss by #10790, eff 2-24-15;
ss by #13278, eff 10-19-21
Mhp 505.04 Imposition
of Fines.
(a) Fines, penalties, and monetary sanctions
shall be assessed by the board upon a finding of licensee misconduct in
accordance with the considerations of Mhp 505.02 and Mhp 505.05.
(b) Fines, if imposed, shall not exceed the
following amounts:
(1) When no
violation of the same type has occurred within the 5 years preceding the
board’s notice to the respondent, the fine assessed shall not exceed $500 per
offense;
(2) When a
single disciplinary infraction of the same type has occurred within the 5 years
preceding the board’s notice to the licensee, the fine assessed shall not exceed
$1,000 per offense; and.
(3) When more
than one disciplinary infraction of the same type has occurred within the 5
years preceding the board’s notice to the licensee, the fine assessed shall not
exceed $2,000 per offense.
(c) When in the case of a continuing violation, a
separate fine up to $200 shall be assessed for each day the violation continues
not to exceed $2,000.
Source. #9854, eff 1-25-11 (formerly Mhp 402.04); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 505.05 Monetary Sanctions: Expenses Relating to Discipline
Enforcement.
(a) Expenses incurred by the board in the conduct of a
hearing and enforcement of discipline shall be assessed, in whole or in part,
against a licensee who is disciplined following the hearing provided the board
sets forth its reasons based upon the following criteria:
(1) The
severity of the conduct resulting in the discipline imposed;
(2) The extent
to which the evidence was in dispute;
(3) The nature
and extent of the investigation and hearing;
(4) Whether the
licensee was given the opportunity to enter into a reasonable settlement
agreement before the hearing;
(5) The
contribution that repayment of expenses makes toward rehabilitation;
(6) Whether the
payment of all or a portion of a monetary fine was suspended; and
(7) The
likelihood that assessment of expenses will deter the licensee or others from
engaging in similar conduct.
(b)
Following
any assessment, the board shall send a written statement of the nature and
amount of each such expense to the disciplined licensee, together with a formal
demand for payment.
Source. #9854, eff 1-25-11 (formerly Mhp 402.05); ss
by #10790, eff 2-24-15; ss by #13278, eff 10-19-21
Mhp 505.06 Voluntary Surrender When Misconduct
Allegations are Pending.
(a) A licensee who wishes to surrender his or her
license as part of a settlement of pending misconduct allegations shall make a
written settlement offer to the board before the close of the record in a
disciplinary hearing.
(b) Any settlement agreement reached under (a),
above, shall include the following concessions:
(1) That the
license surrender has occurred in settlement of pending disciplinary charges;
and
(2) That the
pending disciplinary allegations shall be issues to be resolved in any future
application the licensee may submit in
(c) A licensee who reapplies for licensure in
(d) The fact of voluntary surrender and the terms
of any settlement agreement or consent decree pertaining thereto shall be
distributed to relevant certifying or licensing authorities and professional
societies in the same manner as a final decision containing a specific finding
of professional misconduct.
(e) The board shall investigate the surrender or
non-renewal of a license based upon the licensee’s professional conduct while
the license was still in effect. Such
investigations and proceedings shall be handled in the same manner as other
disciplinary investigations and proceedings.
Source. #10790, eff 2-24-15 (from Mhp
505.05); ss by #13278, eff 10-19-21
APPENDIX A
Rule |
|
|
|
Mhp 501.01-502.01 |
RSA 330-A:10, VII-X, XVIII |
|
Mhp 501.02(a)(3) |
RSA 330-A:10, IX |
|
Mhp 502.02 |
RSA 330-A:10, XI, XVIII; RSA 330-A:15 |
|
Mhp 503.01 – 503.07 |
RSA 330-A:28 |
|
Mhp 504.01 – 504.13 |
RSA 330-A:29 and RSA 541-A:16, I(b) |
|
Mhp 505.01 – 505.03 |
RSA 330-A:29 and RSA 541-A:35 |
|
Mhp 505.04 – 505.06 |
RSA 330-A:27 and RSA 541-A:35 |
Appendix
B: Incorporation by Reference
Information
RULE |
TITLE |
OBTAIN AT |
Mhp 501.02 (a)(1) |
Code of Ethics for pastoral psychotherapists,
2019 edition |
Nhppa-ethics-2019.pdf |
Mhp 501.02 (a)(2) |
Code of Ethics for clinical social workers,
2018 edition |
National Association of
Social Workers 750 First Street, NE Suite
700 Washington DC 20002-4241 (202)321-6834 Free online at: https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English
|
Mhp 501.02 (a)(3) |
American Mental Health
Counselors Association Code of Ethics, effective 2020 |
American Mental Health Counselors
Association 801 N. Fairfax Street,
Suite 304 Alexandria, VA 22314 (703)548-6002 Free online at: |
Mhp 501.02 (a)(4) |
Code of Ethics for marriage
and family therapists, 2015 edition |
American Association for
Marriage and Family Therapy 112 South Alfred Street Alexandria, VA 22314-4061 (703)838-9808 Free online at: http://www.aamft.org/imis15/content/legal_Ethics/Code_of_Ethics.aspx
|