Section 330-A:23 - Unlawful Practice; PenaltyI. Except as provided in RSA 330-A:34, it shall be unlawful for any person to be engaged in mental health practice unless that person is licensed by the board, working as a candidate under the direct supervision of a person licensed by the board, conditionally licensed by the board, or engaged in the practice of other mental health services as an alternative provider as defined in RSA 330-A:2, I. The license or the registration of such person shall be current and valid. It shall be unlawful for any person to practice as or to refer to oneself as a pastoral psychotherapist, a clinical social worker, a school social worker, a licensed social worker, a licensed social work associate, a clinical mental health counselor, or a marriage and family therapist, or use the word "psychotherapist," or any variation thereof, in such person's title unless that person is licensed by the board or working as a candidate under the direct supervision of a person licensed or conditionally licensed by the board. Psychiatrists licensed under RSA 329 and psychiatric nurse practitioners licensed under RSA 326-B:18 may refer to themselves as psychotherapists. II. Except as otherwise provided in this chapter, any person who violates paragraph I or paragraph III of this section or who violates any of the other provisions of this chapter relating to pastoral psychotherapy, clinical social work, licensed social work, clinical mental health counseling, or marriage and family therapy, or, having had his or her license suspended or revoked, shall continue to represent himself or herself as a licensed pastoral psychotherapist, clinical social worker, school social worker, licensed social worker, licensed social work associate, clinical mental health counselor, or marriage and family therapist, or as a psychotherapist, shall be guilty of a class A misdemeanor if a natural person, and a felony if any other person, and each violation shall be deemed a separate offense.III. Any person whose license under this chapter has been suspended or revoked by the board for disciplinary action under RSA 330-A:27 or sexual misconduct under RSA 330-A:36 shall not engage in mental health practice as defined in RSA 330-A:2, VI unless and until the suspension or revocation of the license has been lifted.Amended by 2021, 183:8, eff. 10/9/2021.Amended by 2012, 233:6, eff. 7/1/2013.1998, 234:1. 2005, 293:11. 2006, 76:19. 2012, 233:6, eff. July 1, 2013. 2021, 183:8, eff. Oct. 9, 2021.