HB473: relative to the board of mental health practice.

HB 473 - AS INTRODUCED

2003 SESSION

03-0757

08/10

HOUSE BILL 473

AN ACT relative to the board of mental health practice.

SPONSORS: Rep. Flint, Sull 20; Rep. Rodeschin, Sull 20; Sen. Odell, Dist 8; Sen. Below, Dist 5

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill makes various changes to the membership, duties, and procedures of the board of mental health practice.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0757

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the board of mental health practice.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Mental Health Practice; Board. Amend RSA 330-A:3, I to read as follows:

I. There shall be a board of mental health practice composed of the following members: one licensed psychologist, one licensed pastoral psychotherapist, one licensed clinical social worker, one licensed marriage and family therapist, one licensed clinical mental health counselor, and [2] 4 public members. The members shall be appointed to a term of 3 years by the governor with the approval of the council. The members of the board shall elect a chairperson on an annual basis. No discipline's representative and no public member shall serve as chairperson for consecutive terms.

2 Mental Health Practice; Duties of the Board. Amend RSA 330-A:4 to read as follows:

330-A:4 Advisory [Committees] Committee Established; Duties.

I. The board shall [have the authority to] create an advisory [committees] committee for each mental health discipline it licenses for the purpose of assisting the board in its responsibilities under RSA 330-A:10, II, and VI-[XIV] XVI. The board member of each mental health discipline shall serve as the chair of that discipline's advisory committee. The balance of the membership of each of the advisory committees shall be composed of at least 2 persons and no more than 4 persons licensed in the mental health discipline of that committee [members nominated by the New Hampshire Psychological Association, the New Hampshire Pastoral Psychotherapists Association, the New Hampshire Chapter of the National Association of Social Workers, the New Hampshire Association for Marriage and Family Therapists, and the New Hampshire Clinical Mental Health Counselors Association].

II. [The] Advisory committee[s] members other than the chair shall be [composed of at least 3 persons and no more than 5 persons, including the chair, all of whom shall be licensed in their applicable professions] appointed to a 3-year term by the board. Members may be removed by the board for good cause without hearing. No advisory committee member shall serve more than 2 consecutive 3-year terms.

III. When specifically requested by the board, advisory committees shall investigate applications for licensure and complaints against licensees pursuant to rules established by the board. Advisory committees may retain without compensation volunteers to assist them in any particular investigation assigned them by the board. The board shall not form any standing committees other than those specified herein.

3 Mental Health Practice; Removal of Members; Vacancies. Amend RSA 330-A:8 to read as follows:

330-A:8 Removal of Members; Vacancies.

I. The governor and council may remove any member of the board for misconduct, incompetence, neglect of duty, or other sufficient cause after the member has been given a written statement of the charges and an opportunity to be heard regarding such charges. Any vacancy in the membership of the board occurring otherwise than by expiration of a member's term shall be promptly filled for the unexpired term.

II. All complaints made against board members who are licensed mental health professionals shall be forwarded directly to the attorney general for investigation and, when appropriate, removal proceedings pursuant to paragraph I.

4 Mental Health Practice; Organization and Meetings. Amend RSA 330-A:9 to read as follows:

330-A:9 Organization and Meetings. The board shall hold regular annual meetings. Other meetings of the board shall be held at such times and upon such notice as the rules of the board provide. [A majority of the board] Five members shall constitute a quorum.

5 Mental Health Practice; Records and Reports. Amend RSA 330-A:13, I to read as follows:

I. The board shall keep records of its proceedings and [a register] separate registers of all applications for licensure and all complaints filed against licensees. Such records shall show information relative to the [applicant and the applicant's licensure or rejection] application or complaint and the board's response to the application or complaint, as the rules of the board may prescribe. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary investigations and records otherwise exempt from disclosure under RSA 91-A or other applicable statutes.

6 Mental Health Practice; Bill of Rights. Amend RSA 330-A:15 to read as follows:

330-A:15 Mental Health Client Bill of Rights. The board shall develop a model statement of [the] every patient's mental health rights to safe, effective and ethical services. The model statement shall be based on [the code of ethics of each licensed professional association] relevant statutes and ethical standards governing licensees and [distribute it] distributed by the board to all practitioners licensed under this chapter. A copy of the patient's mental health rights shall be posted in a prominent location in the office of the mental health practitioner. Reasonable accommodations shall be made for those clients who cannot read or have communication impairments and those who do not read or speak English.

7 Mental Health Practice; Assistance With Investigations. Amend RSA 330-A:28, I-II to read as follows:

I. The board or its designee may investigate possible misconduct by licensees and other matters within the scope of this chapter. Investigations may be conducted formally, after issuance of a board order setting forth the general scope of the investigation, or informally, after a board vote to seek additional information, without such an order. In either case, [board investigations and the] information gathered [in] subsequent to the initiation of such investigations shall be exempt from the public disclosure provisions of RSA 91-A, except to the extent such information may later become the subject of a public disciplinary hearing. The board may disclose information acquired in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders. A licensee under this chapter shall be promptly informed of the nature and scope of any pending investigation. Complaints against licensees and related unsolicited information sent to the board prior to the initiation of an investigation are public records and not exempt from the disclosure provisions of RSA 91-A.

II. After determining the nature and scope of an investigation or hearing, the board may employ or retain hearing officers, legal counsel, medical advisors, mental health advisors, or investigators to assist with [any] that investigation [and with the conduct of hearings] or hearing. Members of the board or advisory committees are not eligible for retention.

8 Mental Health Practice; Assistance With Investigations. Amend RSA 330-A:28, VII to read as follows:

VII. [On its own motion, with just cause, or in response to a complaint received by one of the advisory committees] Except for good cause shown, the board shall [informally] mail a copy of a complaint to any licensee who is the subject of the complaint, and require the licensee to provide a detailed and good faith written response to the allegations identified by the board. The licensee shall provide complete copies of the licensee's office records concerning any patient identified in the complaint. The licensee shall respond to such request within a reasonable time period of not less than 15 days, as the board shall specify in its written request. The licensees' response shall be exempt from disclosure under RSA 91-A unless the licensee successfully petitions the board to append it to the complaint.

9 Mental Health Practice; Hearings. Amend RSA 330-A:29, III to read as follows:

III. The board may, before or after the commencement of an adjudicatory hearing, dispose of disciplinary or licensure allegations arising under this chapter by order of dismissal, settlement, default, consent order, or summary judgment order. In disciplinary hearings, a quorum of the board may hold prehearing conferences which shall be exempt from the right to know provisions of RSA 91-A, but all final disciplinary actions, including those which occur without holding a public hearing, shall be publicly released at the time they are served upon the parties.

10 Effective Date. This act shall take effect 60 days after its passage.