New Hampshire Administrative Code

(a) A party shall be in default if the party: (1) Has the overall burden of proof; (2) Has been given notice in accordance with Mhp 208.01(a); and (3) Fails to attend the hearing. (b) If a party is in default under (a) above, the matter shall be dismissed unless there is just cau…

(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 any party to submit proposed findings of fact or conclusions of law if the presiding officer finds such a subm…

(a) A presiding officer shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter's disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimon…

(a) Final adjudicative orders of the board, and orders denying petitions for declaratory rulings or rulemaking, shall take effect on the date they are served upon the parties pursuant to Mhp 204.03(d). (b) Motions for reconsideration or rehearing shall be filed within 30 days aft…

Within the time frame specified in Mhp 208.16(b), the board, on its own motion may reconsider, revise or reverse any final order. No reconsideration by the board shall occur unless the board finds that a relevant rule, point of law or fact has been overlooked or misapprehended. I…

The board shall keep a final decision in its records for at least 5 years following its dates of issuance, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.…

(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 specified by Mhp 208.16(b), and …

(a) A 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 to issue subpoenas to compel the attendance of wit…

(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 or agency official: (1) Has a direct interest in the outcome of a proceeding, including, but …

The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be…

A board rule, or any amendment or repeal thereof, shall be governed by RSA 541-A. Notes N.H. Admin. Code § Mhp 210.01 (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99 New. #7624, eff 1-10-02, EXPIRED: 1-10-10 New. #9853-A, eff 1-25-11 Amende…

A request for the commencement of a proceeding to adopt, amend, or repeal a rule shall be submitted in the form of a petition which contains the following information: (a) A statement of the petitioner's interest in the proposed rulemaking action; (b) The text of the proposed rul…

(a) Within 30 days of the submission of a petition, the board shall either deny the petition by written order, stating its reasons for the denial, or shall initiate rulemaking proceedings, by written order, in response to the petition and in accordance with Mhp 210.04. (b) Any de…

The board shall commence a rulemaking proceeding by following the procedures set forth in RSA 541-A:3 et seq. Notes N.H. Admin. Code § Mhp 210.04 (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99 New. #7624, eff 1-10-02, EXPIRED: 1-10-11 New.…

The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11. Notes N.H. Admin. Code § Mhp 211.01 (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93, EXPIRED: 7-22-99 New. #7624, eff 1-10-02,…

(a) Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Mhp 211.03. (b) People who wish to testify shall be asked to write on the speaker's list: (1) Their full names and addresses; and (2) The…

The board's chair or other person designated by the board to preside over a hearing shall: (a) Refuse to recognize for speaking or revoke the recognition of any person who: (1) Speaks or acts in an abusive or disruptive manner; (2) Fails to keep comments relevant to the proposed …

(a) Public comment hearings shall be attended by a quorum of the board. (b) Public comment hearings 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…

(a) Any interested person may request a declaratory ruling from the board on how a statute, rule or order applies to a specific situation. (b) The request pursuant to (a) above shall be made by filing a petition with the board, which contains: (1) The exact ruling being requested…

(a) The board shall issue a declaratory ruling, in writing, within 60 days of receipt of a petition. (b) A copy of each 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. N…

(a) The board shall entertain petitions to waive or suspend any rule upon the filing of an original and 10 copies of a petition pursuant to Mhp 206.01(b) which clearly identifies the rule in question and sets forth specific facts and arguments which support the requested waiver. …

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 organizatio…

The board shall, within 90 days of receiving a request in accordance with Mhp 214.01, 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…

The following terms shall have the meaning indicated when used in this chapter: (a) "Applicant" means a person who seeks licensure as a mental health practitioner in New Hampshire; (b) "Candidate for licensure" means a person, not licensed as a mental health practitioner, who is …

(a) Student interns or residents practicing per RSA 330-A:34, I(b) in a mental health discipline regulated by the board shall submit a completed "Candidate for Licensure: Supervision Agreement" described in Mhp 302.01(c), to the board at least 30 days prior to the end of the inte…

(a) No application for licensure as a mental health practitioner shall be approved if the applicant is not of good professional character and reliability as set forth in RSA 330-A:10, VI. (b) For the purpose of this subdivision a lack of good character shall be shown by one or mo…

(a) The supervisor shall have successfully completed one of the following: (1) A graduate level course in clinical supervision; (2) A clinical supervision certificate approved by one of the following: a. Association for Clinical Pastoral Education; b. National Association of Soci…

The board shall issue full licensure to an applicant for licensing receiving post-graduate supervisee when they have: (a) Met all the requirements required by Mhp 302.02; (b) Completed the post-graduate supervision described in Mhp 302.01; (c) Submitted appropriate "Supervision C…

(a) Persons wishing to obtain licensure as a mental health practitioner in New Hampshire shall apply to the board by completing and submitting the following: (1) The information described in Plc 304.03 on the "Universal Application for Initial Licensure" form and sign and date in…

(a) Persons who wish to apply for a license as a pastoral psychotherapist and are already licensed in another state for 5 years or less shall:(1) Submit an application as required in Mhp 302.05 (a)(1) c.; (2) Pass the examination required in Mhp 303.05(a); (3) Meet the educationa…

(a) Persons who have been actively licensed as a mental health professional in another state for 5 or more years in good standing who wish to apply for a license in the same discipline as a clinical social worker, clinical mental health counselor, marriage and family therapist, o…

All applicants for licensure for pastoral psychotherapist shall have completed one of the following sets of requirements: (a) Concentration in theological studies, by demonstrating the following:(1) Have met the standards as defined by RSA 330-A:17, I - X; (2) Hold the following …

(a) Applicants shall have completed 2 years of supervised experience in pastoral psychotherapy. (b) A year of experience shall be not less than 1500 hours. (c) Of the 3000 hours, at least 1375 shall be clinical counseling hours, with at least 250 hours of individual face-to-face …

(a) Applicants applying for pastoral psychotherapist with a concentration in theological studies shall:(1) Provide evidence of satisfactory completion of one unit of CPE approved by the New Hampshire Pastoral Psychotherapist Association; and (2) Have supervision completed by at l…

All applicants for pastoral psychotherapist license shall: (a) Take and achieve a passing grade on the NHPPA Pastoral Psychotherapist Licensure Examination: Clinical Theory and Practice; and (b) Hold an active membership in the New Hampshire Pastoral Psychotherapist Association. …

(a) All applicants for licensure shall have a 2-year clinical graduate degree in social work from a school approved by the Council on Social Work Education. (b) Course work for a graduate degree in social work shall be primarily related to clinical social work in content as evide…

(a) Applicants shall have completed, at a minimum, 2 years of post-masters supervised clinical work experience as follows:(1) A year of supervised clinical work experience shall be at least 1500 hours to have been completed within not less than 12 months and not more than 24 mont…

(a) All applicants for licensure shall pass the clinical level exam distributed by the Association of Social Work Boards (ASWB). (b) The following shall be submitted as evidence of a passing score on the ASWB clinical level examination: (1) Written verification from ASWB sent to …

(a) Applicants shall have a 60 semester hour master's or doctoral degree in clinical mental health counseling from a Council for Accreditation of Counseling and Related Educational Programs (CACREP) accredited institution pursuant to RSA 330-A:19, I unless approved otherwise in (…

(a) The 60 semester hour degree in mental health counseling shall include coursework consisting of at least 33 semester hours consisting of 3 hours in each of the following 11 areas: (1) Human growth and development; (2) Abnormal psychology/psychopathology; (3) Clinical counselin…

(a) Applicants shall have completed at least 2 years of post-master's or doctoral supervised clinical work experience in a mental health setting. (b) A year of supervised clinical work experience shall not be less than 1500 hours, which have been completed within not less than 12…

(a) All applicants for licensure shall pass the National Clinical Mental Health Counselor Exam distributed by the National Board of Certified Counselors. (b) The following shall be submitted as evidence of a passing score on the national clinical mental health counselor examinati…

(a) Applicants for licensure as a marriage and family therapist shall: (1) Have a master's degree or a doctoral degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE); (2) Have a maste…

(a) All applicants for licensure as a marriage and family therapist shall have completed at least 2 years of supervised experience in the practice of marriage and family therapy with a minimum of one hour per week of individual face-to-face supervision by a psychologist, clinical…

(a) Applicants for licensure as a marriage and family therapist shall pass the national examination in marital and family therapy distributed by the Association of Marital and Family Regulatory Boards. (b) Applicants for licensure as a marriage and family therapist who wish to ta…

Applicants for licensure as a social worker shall meet the following requirements to be eligible for licensure as a licensed social worker: (a) Be a graduate with a bachelor's degree in social work from a college or university approved by the Council on Social Work Education; (b)…

(a) Applicants shall have completed at least 2 years of post-bachelors supervised work experience in a mental health or social service setting as required by Mhp 307.01(d). (b) The supervision shall have provided for a minimum of one hour per week of individual face-to-face super…