New Hampshire Administrative Code

(a) Applicants shall have completed at least 2 years of post-bachelors or post-associate supervised clinical work experience in a mental health or social service setting as described in Mhp 308.01 and Mhp 308.02. (b) The supervisor of the associate level applicant shall have prov…

(a) All applicants for licensure shall pass the ASWB bachelor's level examination. (b) Acceptable evidence of a passing score on the ASWB bachelor's level examination shall be written verification sent directly to the board's office from the ASWB. (c) Applicants wishing to take t…

(a) The following shall be eligible for conditional licensure: (1) Clinical social worker; (2) School social worker; (3) Social worker; (4) Social work associate; (5) Clinical mental health counselor; and (6) Marriage and family therapist. (b) The clinical social worker applicant…

(a) Each applicant for conditional license shall apply by submitting the following: (1) The information described in Plc 304.03; (2) A "Candidate for Licensure: Supervision Agreement" described in Mhp 302.01(c); (3) Documentation shall be transcripts sent directly from the issuin…

The conditional licensure shall be valid for a period not to exceed 2 years from the date of issuance and the conditional license holder shall be authorized to renew the conditional license one time. Notes N.H. Admin. Code § Mhp 309.03 Derived from Number 15, Filed April 11, 2024…

The fees required by the board under RSA 330-A shall be as follows: (a) License application review $150.00 (b) Approved license application fee $135.00 (c) Renewal fee for 2 years $270.00 (d) Renewal fee for dual license $350.00 (e) Inactive fee for one year $ 67.50 (f) Candidate…

(a) Licenses shall automatically expire 2 years from the date of issue or renewal. (b) A renewal license shall be valid for 2 years upon approval of application submitted in a timely manner in accordance with Mhp 401.02. Notes N.H. Admin. Code § Mhp 401.01 (See Revision Note at c…

(a) A licensee for renewal shall: (1) Complete, sign, and submit the "Renewal Application" form dated June 10, 2014, prior to the date of license expiration; (2) Complete, sign and submit the "Attestation to CEUs and Collaboration" form dated June 10, 2014, as supplied by the boa…

An application for license renewal shall be on file in the board office no later than the expiration date of the present license. Notes N.H. Admin. Code § Mhp 401.03 (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED: 7-22-99 New. #7625, eff 1-10-02, E…

License renewal shall be denied if there is a preponderance of the evidence to establish: (a) Noncompliance with the continuing education requirement of Mhp 402.01 or the collaboration requirement of Mhp 403.01; (b) Failure to furnish complete or accurate information on the renew…

(a) Inactive status may be obtained by 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 engages in mental health practice in New Hampshire; (4) Completes and submits the "Request for …

(a) Each licensee shall complete 40 approved continuing education hours (CEs) every 2 years. (b) At least 30 of the 40 CEs shall be completed from Category A as described in Mhp 402.02(a)-(d). (c) At least 6 of the 40 CEs shall be completed in ethics and shall be from Category A.…

(a) Category A CEs may be earned by: (1) Participation in seminars, workshops, or live, interactive webinars; (2) Participation in home study courses, up to a maximum of 20 CEs; (3) Preparation of a seminar, workshop, or live, interactive webinar which shall count as 10 CEs; or (…

(a) An applicant for license renewal who has not completed 40 CEU's in the preceding biennium shall file a petition with the board no less than 60 days prior to the license expiration requesting a waiver of Mhp 402.01: (b) The waiver shall be granted if good cause is demonstrated…

(a) Each licensee shall complete 40 hours of collaboration every 2 years. (b) The licensee shall be responsible for documenting clinical collaboration hours submitted for license renewal. Notes N.H. Admin. Code § Mhp 403.01 (See Revision Note at chapter heading for Psy 100) #5675…

(a) Collaboration shall include: (1) Small group meetings among licensed mental health practitioners; and (2) Being in supervision or consultation with another licensed mental health practitioner; (3) Participation in a study group on topical issues for a minimum of 10 hours per …

(a) An applicant wishing to reinstate his or her license shall: (1) Complete, sign and submit the "Reinstatement Application" form, dated June 10, 2014, no later than 6 months after the date of license expiration; (2) Attach documentation of 40 hours of CEs, at least 6 of which s…

License reinstatement shall be denied if, after notice and an opportunity for hearing, there is a preponderance of the evidence to establish: (a) Noncompliance with the continuing education requirement of Mhp 402 or collaboration requirement of Mhp 403. (b) Failure to furnish com…

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. Notes N.H. Admin. Code § Mhp 501.01 (See Revision Note at chapter heading for Psy 100) #5675, eff 7-22-93; EXPIRED: 7-22-99 New…

(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, available as referenced in App…

(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…

(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 New Hampshire. Its purpose is to protect the rights and enhance the well be…

(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) "Comm…

(a) Communications of alleged misconduct shall be filed at the board's 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 licensee. (c) A communication of alleged misconduct shall …

(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 f…

(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 investi…

(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 …

. 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 …

(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 app…

This part shall govern all disciplinary proceedings conducted by the board. Notes N.H. Admin. Code § Mhp 504.01 #9854, eff 1-25-11 (formerly Mhp 206.01) Amended byVolume XXXV Number 10, Filed March 12, 2015, Proposed by #10790, Effective 2/24/2015, Expires2/24/2025. Amended by Vo…

(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, an…

(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 petit…

(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 petitione…

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 ente…

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 anot…

(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 disposi…

(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 mut…

(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 expens…

(a) The evidentiary privileges recognized by the law of New Hampshire, but not the N.H. Rules of Evidence, shall apply to disciplinary proceedings under this chapter. (b) All data which will reasonably assist the board arrive at the truth shall be admissible. (c) Oral testimony s…

The board shall cause a record to be made of hearings and prehearing conferences. Notes N.H. Admin. Code § Mhp 504.11 #9854, eff 1-25-11 (formerly Mhp 206.15 ) Amended byVolume XXXV Number 10, Filed March 12, 2015, Proposed by #10790, Effective 2/24/2015, Expires2/24/2025. Amende…

(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 th…

A finding of licensee misconduct shall be based upon a preponderance of the evidence. Notes N.H. Admin. Code § Mhp 504.13 #9854, eff 1-25-11 (formerly Mhp 206.10 ) Amended byVolume XXXV Number 10, Filed March 12, 2015, Proposed by #10790, Effective 2/24/2015, Expires2/24/2025. Am…

(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 …

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 lice…

(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 demonstrat…

(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 ty…

(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 se…