N.H. Admin. Code § Alc 307.02

Current through Register No. 2, January 9, 2025

Section Alc 307.02 - Eligibility Requirements for Initial Licensure as a Licensed Alcohol and Drug Counselor

(a) The board shall issue an initial license as a licensed alcohol and drug counselor to an individual who:

(1) Has committed none of the acts or omissions described in RSA 330-C:27, III for which the applicant has not made sufficient restitution as follows:

a. Restoration of the person or entity injured by the individual to his, her, or its original condition;

b. A restitution acknowledged by the injured person or entity to be sufficient;

c. Correction of the deficiency in the individual which led to the act or omission;

d. A restitution ordered in disciplinary action taken by the board; or

e. Restitution ordered in disciplinary action taken by a regulatory body of another state or territory of the United States;

(2) Is of good character, as evidenced by:

a. Information provided on the "Application for Initial Licensure as an Alcohol and Drug Counselor or Master Alcohol and Drug Counselor" form pursuant to Alc 313.02 or in the additional materials reviewed by the board regarding any criminal convictions, pending criminal charges, and plea agreements;

b. Information provided on the "Application for Initial Licensure as an Alcohol and Drug Counselor or Master Alcohol and Drug Counselor" form pursuant to Alc 313.02 or in the additional materials reviewed by the board regarding any restitution made for any acts or omissions described in RSA 330-C:27, III;

c. Information provided on the "Application for Initial Licensure as an Alcohol and Drug Counselor or Master Alcohol and Drug Counselor" form or in the additional materials reviewed by the board regarding any remedial action taken with respect to mental disability; and

d. Official letters of verification and training requirements set forth in Alc 308.04(d), if any;

(3) Has met the education requirements set forth in Alc 307.03;

(4) Has met the training requirements set forth in Alc 307.04;

(5) Has accumulated the supervised work experience specified in Alc 307.05;

(6) Has been found competent in substance use counseling as shown by ratings described in Alc 313.06(e)(9), meeting the following standards based on all "Supervised Work Experience Report Form" required to cover the individual's entire work experience:

a. No "not acceptable" ratings on any of the core functions; and

b. At least one rating per core function which is not a rating of "no opportunity for supervision";

(7) Has passed the examination specified by Alc 308.01(a) and otherwise complied with the examination procedures of Alc 308.01; and

(8) Has complied with the application procedures set forth in Alc 312.

(b) The board shall waive an applicant's felony conviction, if any, if the applicant has corrected the deficiency which led to the felonious act or omission.

(c) The board shall consider the following when determining if waiving the criminal act or omission shall be appropriate:

(1) The applicant's explanation of the offense(s) or omissions;

(2) The applicant's written explanation of the steps taken to make restitution;

(3) Compliance with probation or parole, if applicable;

(4) Payment of fines or restitution, if applicable; and

(5) Compliance with any plea agreement or settlement agreement made with any court, board, or other supervising entity, if applicable;

(d) If the board determines, after considering all the information about the conviction or omission, that it does not impair the applicant's ability to conduct, safety, the practices for which the applicant seeks licensure the board shall issue the waiver.

N.H. Admin. Code § Alc 307.02

#9421, INTERIM, eff 3/14/2009, EXPIRED: 9-10-09.

#12001, eff 10/13/2016.

Amended by Number 6, Filed February 9, 2023, Proposed by #13518, Effective 3/13/2023, Expires 3/13/2033 (formerly Alc 306.02) (see Revision Note at chapter heading for Alc 300).