Title 32, Title 32

The administrator may exercise the following powers and functions. [PL 1999, c. 560, §3 (NEW).] 1. Complaint investigation. The administrator may receive and act on complaints, take action to obtain voluntary compliance with this chapter or refer cases, including cases involving …

A debt management service provider may not: [PL 1999, c. 560, §3 (NEW).] 1. Purchase debt. Purchase any debt or obligation of a consumer; 2. Lend money. Lend money or provide credit to any consumer; 3. Mortgage interest . Obtain a mortgage or other security interest in property o…

1. False advertising. A debt management service provider may not engage in this State in false or misleading advertising concerning the terms and conditions of any services or assistance offered. 2. Dissemination; no liability. This section does not impose liability on the owner …

1. Violations; unfair, unconscionable or deceptive practices. A debt management service provider that violates any provision of this chapter or any rule adopted by the administrator or that through any unfair, unconscionable or deceptive practice causes actual damage to a consume…

1. Suspension or revocation. After notice and hearing, the administrator may suspend or revoke a debt management service provider's registration if the administrator finds that one of the conditions of subsection 2 is met. 2. Conditions for suspension or revocation. The following…

A person that engages in debt management services as described in section 6172, subsection 2, paragraph D related to a consumer's residential mortgage loan shall comply with the requirements of this chapter governing debt management service providers, subject to the following con…

This chapter may be known and cited as "the Foreclosure Purchasers Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 596, §1 (NEW).] 1. Administrator. "Administrator" means the Superintendent of Consumer Credit Protection within the Department of Professional and Financ…

A foreclosure purchaser may not engage in the business of foreclosure purchasing in this State without first obtaining a license from the administrator, except that a supervised financial organization as defined in Title 9‑A, section 1‑301, subsection 38‑A is not required to be l…

1. Written contract required. A foreclosure purchaser shall enter into a foreclosure reconveyance in the form of a written contract. The contract must be written in at least 12-point boldface type in the same language principally used by the foreclosure purchaser and foreclosed h…

1. Cancellation. In addition to any other right of rescission, a foreclosed homeowner has the right to cancel a contract with a foreclosure purchaser until midnight of the 5th business day following the day on which the foreclosed homeowner signs a contract that complies with thi…

Any waiver of the provisions of this chapter is void and unenforceable as contrary to public policy, except that a foreclosed homeowner may waive the 5-day right to cancel provided in section 6195 if the property is subject to a foreclosure sale within the 5 business days and the…

Any provision in a contract entered into on or after the effective date of this chapter that attempts or purports to require arbitration of any dispute arising under this chapter is void at the option of the foreclosed homeowner.

1. Permitted foreclosure reconveyance. A foreclosure purchaser may not enter into or attempt to enter into a foreclosure reconveyance with a foreclosed homeowner unless: A. The foreclosure purchaser verifies and can demonstrate that the foreclosed homeowner has a reasonable abili…

This section applies to any violation of this chapter in connection with the actions of a foreclosure purchaser. [PL 2007, c. 596, §1 (NEW).] 1. Enforcement. In addition to other actions allowed pursuant to this section, the administrator may undertake any authorized actions purs…

The administrator may adopt rules as necessary to carry out the purposes of this chapter. Rules adopted pursuant to this chapter are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

The State Board of Alcohol and Drug Counselors within the Department of Professional and Financial Regulation as established by Title 5, section 12004‑A, subsection 41, shall carry out the purposes of this chapter.

The objective of this legislation is to establish a State Board of Alcohol and Drug Counselors that establishes and ensures high professional standards among alcohol and drug counselors and that encourages and promotes quality treatment and rehabilitation services for substance u…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 402, Pt. U, §2 (NEW).] 1. Agency. "Agency" means an establishment, organization or institution, public or private, that is licensed by the Department of …

A person may not, unless specifically exempted by this chapter, practice as an alcohol and drug counselor or begin an internship or profess to the public to be, or assume or use the title or designation of, "certified alcohol and drug counselor," "licensed alcohol and drug counse…

1. Peer groups; self-help. Nothing in this chapter may prevent any person from engaging in or offering substance use disorder services such as self-help, sponsorship through alcoholics or narcotics anonymous groups or other uncompensated substance use disorder assistance. 2. Gove…

Unless exempted under section 6206, a person may not practice alcohol and drug counseling or begin an apprenticeship in this State unless that person has first obtained a license, certification or registration as provided in this chapter.

The address and telephone number of an applicant for licensure or a person licensed under this chapter that are in the possession of the board are confidential. This section does not prohibit the board and its staff from using and disclosing the address and telephone number of an…

1. Duty. A certified alcohol and drug counselor or a licensed alcohol and drug counselor has a duty to warn of or to take reasonable precautions to provide protection from a client's violent behavior if the counselor has a reasonable belief based on communications with the client…

1. Membership. The State Board of Alcohol and Drug Counselors, as established by Title 5, section 12004‑A, subsection 41, consists of 5 members appointed by the Governor. Of these 5 members, 4 members must be licensed alcohol and drug counselors and one member must be a public me…

A board member may be removed by the Governor for cause.

The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members.

The board has the following powers and duties in addition to all other powers and duties imposed by this chapter. [PL 2007, c. 402, Pt. U, §7 (AMD).] 1. Set standards. The board shall administer and enforce this chapter, set forth education and examination standards and evaluate …

1. Requirements. The board shall issue a license to practice as an alcohol and drug counseling aide to an applicant who meets the following minimal requirements. An applicant must: A. Be at least 18 years of age; [PL 2003, c. 347, §13 (NEW); PL 2003, c. 347, §25 (AFF).] B. Have a…

1. Eligibility. To be eligible to practice as a certified alcohol and drug counselor, an applicant must: A. Be at least 18 years of age; [PL 2003, c. 347, §16 (NEW); PL 2003, c. 347, §25 (AFF).] B. Have taken and passed an examination as prescribed by board rule; [PL 2003, c. 347…

1. Eligibility. To be eligible to practice as a licensed alcohol and drug counselor, an applicant must: A. Be at least 18 years of age; [PL 2003, c. 347, §16 (NEW); PL 2003, c. 347, §25 (AFF).] B. Have taken and passed an examination as prescribed by board rule; [PL 2003, c. 347,…

1. Eligibility. To be eligible to practice as a certified clinical supervisor, an applicant must: A. Meet the requirements of subsection 2 or 3; and [PL 2019, c. 83, §2 (NEW).] B. Have paid an application and license fee under section 6215. [PL 2019, c. 83, §2 (NEW).] 2. Certain …

The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this subchapter in amounts that are reasonable and necessary for their respective purpose…

Applicants for licensure must submit the fee as set under section 6215.

The board shall prepare an examination to measure the competence of an applicant to engage in the practice of alcohol and drug counseling in accordance with this chapter. The board may employ and cooperate with any organization or consultant in the preparation, administration and…

In addition to the grounds enumerated in Title 10, section 8003, subsection 5‑A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for: [PL 2007, c. 402, Pt. U, §12 (NEW).…

Any individual whose license, certification or registration has been denied, suspended or revoked may apply to the board for licensure, registration or certification reinstatement one year after the date of the board's original action. A competency review is a condition of reinst…

All licenses issued pursuant to this chapter expire annually on November 30th or at such other time as the Commissioner of Professional and Financial Regulation may designate. Licensees must renew their licenses on or before November 30th annually or on such other date as determi…

1. Requirements. The board may adopt continuing education requirements and approve programs and courses by rule. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A. 2. Program approval. Each application for app…

1. Placement on inactive status. A licensee under this chapter who does not desire to perform any of the activities described in section 6203‑A, subsections 2, 5, 6 and 9 and who wants to preserve the license while not engaged in any alcohol and drug counseling activity may apply…

1. License from another jurisdiction. The board may waive the requirements of this chapter and grant a registration, certificate or license to any applicant who presents proof of authorization to practice by another jurisdiction of the United States or another country that mainta…

Any person licensed under this chapter who renders counseling services to a minor for the treatment of problems associated with substance use is under no obligation to obtain the consent of that minor's parent or guardian or to inform that parent or guardian of that treatment. No…

An individual licensed, certified or registered under this chapter may not advertise, offer or administer conversion therapy to a minor.

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 291, Pt. B, §13 (NEW).] 1. Asynchronous encounter. "Asynchronous encounter" means an interaction between a client and a person licensed under this cha…

A person licensed under this chapter may provide telehealth services as long as the licensee acts within the scope of practice of the licensee's license, in accordance with any requirements and restrictions imposed by this subchapter and in accordance with standards of practice.

When providing telehealth services, a person licensed under this chapter shall comply with all state and federal confidentiality and privacy laws.