New Hampshire Revised Statutes 330-D:1 – Definitions
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As used in this compact, and except as otherwise provided, the following definitions shall apply:
I. “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
II. “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state‘s laws which is imposed by a licensing board or other authority against a license professional counselor, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice, including issuance of a cease and desist action.
III. “Alternative program” means a non-disciplinary monitoring practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
IV. “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
V. “Counseling compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.
VI. “Current significant investigative information” means:
(a) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(b) Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.
VII. “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure investigative, privilege to practice, and adverse action information.
VIII. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.
IX. “Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).
X. “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
XI. “Home state” means the member state that is the licensee’s primary state of residence.
XII. “Impaired practitioner” means an individual who has a condition or conditions that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
XIII. “Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.
XIV. “Jurisprudence requirement” if required by a member state, means the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.
XV. “Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.
XVI. “Licensee” means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.
XVII. “Licensing board” means the agency of a state, or equivalent, that is responsible for licensing and regulation of licensed professional counselors.
XVIII. “Member state” means a state that has enacted the mental health counseling compact.
XIX. “Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.
XX. “Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.
XXI. “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the privilege to practice.
XXII. “Rule” means a regulation promulgated by the commission that has the force of law.
XXIII. “Single state license” means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
XXIV. “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling.
XXV. “Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess diagnose, and treat behavioral health conditions.
XXVI. “Unencumbered license” means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.
I. “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the national guard and reserve on active duty orders pursuant to 10 U.S.C. chapters 1209 and 1211.
Terms Used In New Hampshire Revised Statutes 330-D:1
- Active duty: means full-time duty as an enlisted member, or as a commissioned or warrant officer, in any branch of the armed forces. See New Hampshire Revised Statutes 21:50
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
II. “Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state‘s laws which is imposed by a licensing board or other authority against a license professional counselor, including actions against an individual’s license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice, including issuance of a cease and desist action.
III. “Alternative program” means a non-disciplinary monitoring practice remediation process approved by a professional counseling licensing board to address impaired practitioners.
IV. “Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
V. “Counseling compact commission” or “commission” means the national administrative body whose membership consists of all states that have enacted the compact.
VI. “Current significant investigative information” means:
(a) Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(b) Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.
VII. “Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure investigative, privilege to practice, and adverse action information.
VIII. “Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.
IX. “Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).
X. “Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission.
XI. “Home state” means the member state that is the licensee’s primary state of residence.
XII. “Impaired practitioner” means an individual who has a condition or conditions that may impair their ability to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
XIII. “Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.
XIV. “Jurisprudence requirement” if required by a member state, means the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.
XV. “Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.
XVI. “Licensee” means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.
XVII. “Licensing board” means the agency of a state, or equivalent, that is responsible for licensing and regulation of licensed professional counselors.
XVIII. “Member state” means a state that has enacted the mental health counseling compact.
XIX. “Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.
XX. “Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.
XXI. “Remote state” means a member state other than the home state where a licensee is exercising or seeking to exercise the privilege to practice.
XXII. “Rule” means a regulation promulgated by the commission that has the force of law.
XXIII. “Single state license” means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.
XXIV. “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling.
XXV. “Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess diagnose, and treat behavioral health conditions.
XXVI. “Unencumbered license” means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.