Bill Text: NH SB80 | 2019 | Regular Session | Amended
Bill Title: Relative to membership on the board of mental health practice, applications for licensure by mental health practitioners, and insurance credentialing of out-of-state mental health practitioners and psychologists.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-07-16 - Signed by the Governor on 07/12/2019; Chapter 228; Effective 09/10/2019 [SB80 Detail]
Download: New_Hampshire-2019-SB80-Amended.html
SB 80 - AS AMENDED BY THE HOUSE
03/27/2019 1194s
8May2019... 1631h
5Jun2019... 2276h
2019 SESSION
19-0831
10/05
SENATE BILL 80
SPONSORS: Sen. Kahn, Dist 10; Rep. Snow, Hills. 19
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill adds 2 members to the board of mental health practice and provides for the timely action on license applications by the board for qualified applicants. The bill adds a criminal history records check requirement for applicants. The bill also clarifies the procedure for insurance credentialing of out-of-state mental health practitioners and psychologists applying for state licensure.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/27/2019 1194s
8May2019... 1631h
5Jun2019... 2276h 19-0831
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Board of Mental Health Practice; New Members. 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 pastoral psychotherapist, one licensed clinical social worker, one licensed marriage and family therapist, one licensed clinical mental health counselor, one member from a community mental health center, one member from a community health center, and 3 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 individual public member shall serve as chairperson for more than 2 years consecutively.
2 Board of Mental Health Practice; Quorum. Amend RSA 330-A:9, I to read as follows:
I. 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. [Four] Five members shall constitute a quorum.
3 New Section; License Application Procedure; Criminal History Record Check. Amend RSA 330-A by inserting after section 15 the following new section:
330-A:15-a Processing License Applications; Criminal History Record Check.
I. License applications shall be processed as follows:
(a) The board shall either request additional information or documentation within 15 days or act on an application for licensure as a mental health practitioner within 30 days of receipt of a completed application.
(b) The board shall review complete applications received at least 10 days prior to a regularly scheduled meeting at its next regularly scheduled meeting.
II. Every applicant for initial licensure shall submit to the board a criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the board.
III. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
IV. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board. The board shall maintain the confidentiality of all criminal history records information received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
4 Mental Health Practice; Applicants From Other States. Amend RSA 330-A:26, II to read as follows:
II. An applicant whose state licensure meets the requirements in paragraph I shall be [deemed able] allowed to practice in this state not more than [60] 30 days after the application is received by the board, pending final approval or denial of the license for other reason by the board. The board shall adopt rules under RSA [541-A] 330-A:10, I and I-a to ensure the timely review and approval of applications under this section.
5 Managed Care Law; Credentialing Verification; Mental Practitioners and Psychologists. Amend RSA 420-J:8-c to read as follows:
420-J:8-c Reimbursement for Providers Waiting for Health Carrier Credentialing Verification.
I. Pursuant to RSA 420-J:4, I, health carriers issuing health benefit plans subject to this chapter shall pay claims for covered services rendered to covered persons by a health care provider who, at the time of submission of a clean and complete credentialing application, has a valid license from the respective state licensing board and has been credentialed by the hospital, if appropriate. The claim for covered services rendered by the provider applicant shall be paid at the same contracted rate as the credentialed provider:
[I.] (a) When covering on-call for another health care provider who is credentialed by the carrier and billed using the name of the credentialed provider; or
[II.] (b) Who, at the time of application, is credentialed by the health carrier in another state or is in the health carrier's New Hampshire network based on employment with a particular health care entity.
II. For purposes of RSA 420-J:4 and this section, a health care provider having a valid license shall include all:
(a) Mental health practitioners licensed under RSA 330-A and applicants for mental health practice licensure from other states who are permitted to practice in this state pursuant to RSA 330-A:26, II.
(b) Psychologists licensed under RSA 329-B and psychologists licensed in another jurisdiction issued a temporary license to practice under RSA 329-B:20, III.
6 Effective Date. This act shall take effect 60 days after its passage.
