New Hampshire Revised Statutes 330-C:3 – Board Established
Current as of: 2023 | Check for updates
|
Other versions
I. There is established a board of licensing for alcohol and other drug use professionals. The board shall comprise 7 members to be appointed by the governor with the consent of the council. The members of the board shall be citizens of the United States and shall include 4 master licensed alcohol and drug counselors, one licensed alcohol and drug counselor, one certified recovery support worker, and one member of the general public.
II. Each MLADC member of the board shall be a resident of this state, licensed in good standing under the provisions of this chapter, and currently engaged in the practice of the profession, and shall have no fewer than 5 years of experience as a MLADC, at least 3 of which shall have immediately preceded appointment.
III. The LADC member shall be a resident of this state, licensed in good standing under the provisions of this chapter, and currently engaged in the practice of the profession, and shall have no fewer than 5 years of experience as a LADC, at least 3 of which shall have immediately preceded appointment.
IV. The CRSW member shall be a resident of this state, certified in good standing under the provisions of this chapter, and currently engaged in the practice of the profession, and shall have no fewer than 3 years of experience as a CRSW, at least 2 of which shall have immediately preceded appointment.
V. The public member shall be a resident of this state for at least one year who has not, and has never been, licensed or certified under the provisions of this chapter or the spouse of a licensee or certificate holder under this chapter. The public member shall not have, and shall never have had, a material financial interest in either the provision of alcohol and other drug use professional services or an activity directly related to the provisions of such services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
VI. No more than one board member shall be associated with, employed by, or in a contractual relationship with a particular agency, corporation, or other enterprise or subsidiary at one time.
VII. No board member shall participate in clinical supervision or any other professional relationship with another board member in which one board member has a subordinate role to the other. In addition, no 2 board members shall be family members. For the purposes of this paragraph, persons are “family members” if they are related, live in the same domicile, and share a common economic interest in the expenses of daily living and shall include, but not be limited to, a spouse, child, parents, or parties that have entered into a civil union.
VIII. No board member shall participate in any matter before the board in which the member has a pecuniary or personal interest or other conflict of interest.
IX. The board shall elect a chairperson annually from among its membership. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
X. The board shall hold no fewer than 6 meetings per year. Board meetings shall be open to the public. In accordance with N.H. Rev. Stat. § 91-A:3, the board may conduct part of a meeting in nonpublic session.
XI. [Repealed.]
XII. The term of office shall be 3 years. Any person appointed to fill a vacancy shall fill the unexpired term of office. Upon expiration of the term of office, a member shall continue to serve until a successor has been appointed and qualified. No person shall be appointed for more than 2 consecutive 3-year terms.
XIII. The governor may remove any member from the board for neglect of any duty under N.H. Rev. Stat. § 330-C:5 or for incompetence, or unprofessional or dishonorable conduct. Any person may file a complaint against a board member or board members with the executive director of the office of professional licensure and certification. Upon receipt of a complaint, the executive director shall conduct an investigation and take any appropriate action and report his or her findings to the complainant. The provisions of N.H. Rev. Stat. § 4:1 controlling the removal of public officials from office shall be followed in dismissing board members.
XIV. In accordance with N.H. Rev. Stat. § 20-B:1, the chairman shall ensure that every new member of the board receives orientation information which may include the business procedures of the board, the mailing address and phone number of the office, a list of the members and staff, the customary meeting schedule, and any other pertinent information.
XV. The board shall designate one of its members who will serve as a liaison with the board of mental health practice to collaborate on issues of mutual interest.
XVI. All members of the board and its agents or employees shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members, agents, or employees, as long as they are not acting in a wanton or reckless manner.
II. Each MLADC member of the board shall be a resident of this state, licensed in good standing under the provisions of this chapter, and currently engaged in the practice of the profession, and shall have no fewer than 5 years of experience as a MLADC, at least 3 of which shall have immediately preceded appointment.
Terms Used In New Hampshire Revised Statutes 330-C:3
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- governor and council: shall mean the governor with the advice and consent of the council. See New Hampshire Revised Statutes 21:31-a
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Quorum: The number of legislators that must be present to do business.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The LADC member shall be a resident of this state, licensed in good standing under the provisions of this chapter, and currently engaged in the practice of the profession, and shall have no fewer than 5 years of experience as a LADC, at least 3 of which shall have immediately preceded appointment.
IV. The CRSW member shall be a resident of this state, certified in good standing under the provisions of this chapter, and currently engaged in the practice of the profession, and shall have no fewer than 3 years of experience as a CRSW, at least 2 of which shall have immediately preceded appointment.
V. The public member shall be a resident of this state for at least one year who has not, and has never been, licensed or certified under the provisions of this chapter or the spouse of a licensee or certificate holder under this chapter. The public member shall not have, and shall never have had, a material financial interest in either the provision of alcohol and other drug use professional services or an activity directly related to the provisions of such services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
VI. No more than one board member shall be associated with, employed by, or in a contractual relationship with a particular agency, corporation, or other enterprise or subsidiary at one time.
VII. No board member shall participate in clinical supervision or any other professional relationship with another board member in which one board member has a subordinate role to the other. In addition, no 2 board members shall be family members. For the purposes of this paragraph, persons are “family members” if they are related, live in the same domicile, and share a common economic interest in the expenses of daily living and shall include, but not be limited to, a spouse, child, parents, or parties that have entered into a civil union.
VIII. No board member shall participate in any matter before the board in which the member has a pecuniary or personal interest or other conflict of interest.
IX. The board shall elect a chairperson annually from among its membership. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum.
X. The board shall hold no fewer than 6 meetings per year. Board meetings shall be open to the public. In accordance with N.H. Rev. Stat. § 91-A:3, the board may conduct part of a meeting in nonpublic session.
XI. [Repealed.]
XII. The term of office shall be 3 years. Any person appointed to fill a vacancy shall fill the unexpired term of office. Upon expiration of the term of office, a member shall continue to serve until a successor has been appointed and qualified. No person shall be appointed for more than 2 consecutive 3-year terms.
XIII. The governor may remove any member from the board for neglect of any duty under N.H. Rev. Stat. § 330-C:5 or for incompetence, or unprofessional or dishonorable conduct. Any person may file a complaint against a board member or board members with the executive director of the office of professional licensure and certification. Upon receipt of a complaint, the executive director shall conduct an investigation and take any appropriate action and report his or her findings to the complainant. The provisions of N.H. Rev. Stat. § 4:1 controlling the removal of public officials from office shall be followed in dismissing board members.
XIV. In accordance with N.H. Rev. Stat. § 20-B:1, the chairman shall ensure that every new member of the board receives orientation information which may include the business procedures of the board, the mailing address and phone number of the office, a list of the members and staff, the customary meeting schedule, and any other pertinent information.
XV. The board shall designate one of its members who will serve as a liaison with the board of mental health practice to collaborate on issues of mutual interest.
XVI. All members of the board and its agents or employees shall enjoy immunity from individual civil liability while acting within the scope of their duties as board members, agents, or employees, as long as they are not acting in a wanton or reckless manner.