Bill would remove longstanding exemption allowing unlicensed school staff to provide psychotherapy
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Summary
Representative Erica Leon told the committee House Bill 227 would eliminate an old statutory exemption that allowed psychotherapy activities by school employees who were not licensed under the psychotherapy statute; sponsors said the change would align state law with current credentialing paths and close a gap that could permit unsafe practices.
Representative Erica Leon (Derry) told the Senate committee House Bill 227 would remove a statutory exemption in the psychotherapy statutes that historically allowed certain school employees to provide psychotherapy while credentialed through the Department of Education rather than the medical boards. Leon said the change reflects developments since the 1970s and 2012 that created separate, credentialing routes for school psychologists and that continuing the exemption could allow unlicensed staff to provide psychotherapy in schools.
‘‘If children have mental-health needs, they should see appropriately trained, credentialed professionals,’’ Leon said. She told senators the bill still permits volunteers and does not remove exemptions in circumstances where licensed supervision and clinical governance exist, but it would require psychotherapy performed by municipal or school employees in the ordinary course of their employment to follow the medical licensing statutes.
Committee members pressed Leon for specifics about how many school staff are unlicensed under current practice; she replied that school hiring typically requires credentialing and that it is not possible to identify a current statewide count of any unlicensed people practicing psychotherapy under past exemptions.
Representative McGuire, who chaired the House subcommittee on the bill, said E DNA had amended and combined the bill with a dormant procurement committee cleanup item and that the subcommittee intended the change to narrow exceptions not to impede services. The Office of Professional Licensure and Certification (Nick Fry) awaited questions from senators and said the agency could provide further detail if requested.
Ending: Supporters argued the change closes a statutory loophole and aligns credentialing across departments; opponents at the hearing did not offer substantive opposition, and the committee agreed to hold the matter for further discussion in executive session.
