N.H. Admin. Code § Alc 302.01

Current through Register No. 45, November 7, 2024

Section Alc 302.01 - Eligibility

(a) All applicants for licensure and certification shall:

(1) Be a person of at least 18 years of age;

(2) Have the ability to read and write in the English language;

(3) Have committed none of the following acts;

a. Fraud or deceit in procuring or attempting to procure a license, certification, or other authorization to practice substance use counseling or treatment in this or another state or territory of the United States;

b. Sexual misconduct including but not limited to, sexual relations with, solicitation of sexual relations with, or sexual abuse of, a client or participant whether past or present;

c. Failure to remain free from the use of a controlled substance or alcohol to the extent that use impairs the ability to conduct with safety to the public the practices authorized by RSA 330-C;

d. Conviction of a felony unless waived as described in Alc 303.01(b);

e. An act or omission causing another state or territory of the United States to revoke or suspend a license, certification, or other authorization to practice substance use counseling or treatment or to discipline the person authorized to practice by placing him or her on probation;

f. Failure to maintain confidentiality as described in RSA 330-C:26;

g. False or misleading advertising; and

h. Engaged in a relationship with a client or former client involving financial or other exchange of resources that is in violation of NAADAC code of ethics; and

(4) Have no mental disability that currently affects the applicant's professional judgment or ability to offer the services described in RSA 330-C.

(b) An applicant shall not be disqualified for certification or licensure for an act described in Alc 302.01(a)(3) if the board finds that the applicant has made sufficient restitution or has been rehabilitated in accordance with the following criteria:

(1) Based on the facts of the act or omission that have been determined in an investigation conducted pursuant to RSA 330-C:28, I;

(2) The applicant is in compliance with disciplinary action taken by the board or by a regulatory or licensing body of another state or territory of the United States;

(3) The applicant is in compliance with orders entered by a court of competent jurisdiction in this state, another state, or the United States, including any applicable conditions of probation or parole;

(4) The behavior involved in the act or omission does not prevent the applicant from safely providing to the public the services for which certification or licensure is sought;

(5) If the act or omission is the result of or related to the applicant's misuse of substances, that such behavior has been treated and is presently controlled; and

(6) The board issues the license or certification on a probationary status and imposes any or all of the controls authorized by RSA 330-C:27, IV(e).

(c) An applicant shall not be disqualified for certification or licensure based upon a mental disability if the board finds that the following criteria have been met:

(1) The extent and potential effects of the mental disability upon the public shall be determined in an investigation conducted pursuant to RSA 330-C:28, I;

(2) The applicant's disability is controlled to the extent it does not present a current impairment of the ability to conduct with safety to the public the practices authorized by RSA 330-C and for which licensure or certification is sought; and

(3) The board issues the license or certification on a probationary status and imposes any or all of the controls authorized by RSA 330-C:27, IV(e).

N.H. Admin. Code § Alc 302.01

Derived From Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12001, Effective 10/13/2016, Expires 10/13/2026.

Amended by Number 6, Filed February 9, 2023, Proposed by #13518, Effective 3/13/2023, Expires 3/13/2033 (see Revision Note at chapter heading for Alc 300).