New Hampshire Revised Statutes 329-B:16 – Electronic Practice of Psychology, Telehealth, Telemedicine
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I. Telepsychology, telehealth, and telemedicine services, as provided by psychologists, include those psychology services that utilize electronic means, including audio, video, or other electronic media, to engage in visual or virtual presence in contemporaneous time. A New Hampshire tele-pass license shall be required for provision of such care to people in New Hampshire. Contacts that are exempt from this requirement are:
(a) Persons exempted by 329-B:28.
(b) Screenings for inclusion in voluntary research projects that have been properly approved by a New Hampshire based institutional review board.
(c) Psychologists licensed by the board, who may provide tele-psychology services to a person within the state of New Hampshire without acquiring a tele-pass psychology license.
(d) Persons exempted by RSA 329-D.
II. A doctoral level psychologist who is not licensed in New Hampshire shall be eligible to provide telepsychology services to a person in New Hampshire pursuant to RSA 329-D, or providing that the psychologist:
(a) Is licensed in one of the jurisdictions in the United States or Canada;
(b) Is in good standing in all license jurisdictions in the United States and Canada;
(c) Has satisfied conditions determined in rules adopted by the board; and
(d) Has applied for and obtained a valid New Hampshire tele-pass psychology license in accordance with board rules and payment of license fees with effective dates that cover the dates of services provided.
III. The tele-pass psychology licensee shall agree to conditions including, but not limited to, conditions stipulated by the board that the licensee shall:
(a) Conform to all New Hampshire statutes and rules.
(b) Agree that electronic attendance for appearances shall be deemed adequate for regulatory enforcement purposes and that in-person appearances by the licensee are optional and such associated costs for in-person attendance are the full responsibility of the tele-pass psychology licensee.
(c) Understand that false statements or failure to comply with official requests and official orders shall constitute sufficient cause for revocation of the tele-pass psychology license.
(d) Understand that all conditions of tele-pass psychology license to practice and enforcement shall be pursuant to New Hampshire law.
(e) Grant the New Hampshire board of psychologists and its investigators authority to disclose to law enforcement and related regulatory authorities, at their discretion, information including but not limited to status of application, actions and information pertinent to investigations and enforcement of the laws and rules pertaining to the licensee’s conduct.
(f) Not conduct face-to-face in-person psychological services in New Hampshire.
IV. The board shall adopt rules pursuant to N.H. Rev. Stat. Chapter 541-A for:
(a) The application procedure for a New Hampshire tele-pass psychology license;
(b) Additional requirements for a psychologist licensed in another state of Canada to acquire a tele-pass psychology license, including attestations;
(c) The standards of care for telemedicine practice of psychology and their enforcement; and
(d) Procedures for investigation and discipline pursuant to all means authorized in this chapter, including but not limited to suspension or revocation of a tele-pass psychology license.
V. Persons who have been granted emergency licenses to practice psychology under the Covid 19 emergency pursuant to the Governor’s Emergency Order #29 shall be granted a tele-pass license upon application to the board.
(a) Persons exempted by 329-B:28.
Terms Used In New Hampshire Revised Statutes 329-B:16
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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
(b) Screenings for inclusion in voluntary research projects that have been properly approved by a New Hampshire based institutional review board.
(c) Psychologists licensed by the board, who may provide tele-psychology services to a person within the state of New Hampshire without acquiring a tele-pass psychology license.
(d) Persons exempted by RSA 329-D.
II. A doctoral level psychologist who is not licensed in New Hampshire shall be eligible to provide telepsychology services to a person in New Hampshire pursuant to RSA 329-D, or providing that the psychologist:
(a) Is licensed in one of the jurisdictions in the United States or Canada;
(b) Is in good standing in all license jurisdictions in the United States and Canada;
(c) Has satisfied conditions determined in rules adopted by the board; and
(d) Has applied for and obtained a valid New Hampshire tele-pass psychology license in accordance with board rules and payment of license fees with effective dates that cover the dates of services provided.
III. The tele-pass psychology licensee shall agree to conditions including, but not limited to, conditions stipulated by the board that the licensee shall:
(a) Conform to all New Hampshire statutes and rules.
(b) Agree that electronic attendance for appearances shall be deemed adequate for regulatory enforcement purposes and that in-person appearances by the licensee are optional and such associated costs for in-person attendance are the full responsibility of the tele-pass psychology licensee.
(c) Understand that false statements or failure to comply with official requests and official orders shall constitute sufficient cause for revocation of the tele-pass psychology license.
(d) Understand that all conditions of tele-pass psychology license to practice and enforcement shall be pursuant to New Hampshire law.
(e) Grant the New Hampshire board of psychologists and its investigators authority to disclose to law enforcement and related regulatory authorities, at their discretion, information including but not limited to status of application, actions and information pertinent to investigations and enforcement of the laws and rules pertaining to the licensee’s conduct.
(f) Not conduct face-to-face in-person psychological services in New Hampshire.
IV. The board shall adopt rules pursuant to N.H. Rev. Stat. Chapter 541-A for:
(a) The application procedure for a New Hampshire tele-pass psychology license;
(b) Additional requirements for a psychologist licensed in another state of Canada to acquire a tele-pass psychology license, including attestations;
(c) The standards of care for telemedicine practice of psychology and their enforcement; and
(d) Procedures for investigation and discipline pursuant to all means authorized in this chapter, including but not limited to suspension or revocation of a tele-pass psychology license.
V. Persons who have been granted emergency licenses to practice psychology under the Covid 19 emergency pursuant to the Governor’s Emergency Order #29 shall be granted a tele-pass license upon application to the board.