CHAPTER He-A 500
IMPAIRED DRIVER PROGRAMS
PART He-A 501
PURPOSE AND SCOPE
He-A
501.01 Purpose. The purpose of
these rules is to implement the requirements of RSA 265-A relative to the
provision of treatment and educational services to persons convicted of driving
while impaired offenses. They establish the requirements to be approved as an
impaired driver care management program, an impaired driver education program,
and an impaired driver services provider, and the requirements that must be met
for those persons convicted of a driving while impaired offense.
Source. #10240, eff 1-1-13
He-A
501.02 Scope. These rules apply to entities who wish to be
approved by the commissioner of the department of health and human services to
be impaired driver care management programs, impaired driver education
programs, and/or impaired driver service providers. The rules also apply to those persons
convicted of a driving while impaired offense.
Source. #10240, eff 1-1-13
PART He-A 502
DEFINITIONS
He-A
502.01 Definitions.
(a) “Access to Recovery (ATR) program” means a special
initiative funded by the federal government and implemented by the New
Hampshire department of health and services’ bureau of drug and alcohol
services, designed to provide clinical substance abuse treatment and recovery
support services to targeted populations, and described in He-A 400.
(b) “Alcohol and drug abuse screening
(screening)” means an interview with the client, conducted in-person by a
qualified individual using one or more approved diagnostic instruments, to
determine the likelihood of a substance use disorder.
(c) “Approval period” means the period of time
that providers are approved to provide IDCMP and IDSP services.
(d) “Bureau” means the
(e) “Certification” means a process whereby the
department determines whether an applicant meets the minimum qualifications for
an IDEP instructor.
(f) “Client” means a person convicted of a
driving while impaired (DWI) offense and thus mandated to attend and
successfully complete an IDCMP and/or IDEP.
(g) “Clinical services” means alcohol and drug
intervention activities such as outpatient counseling, residential treatment,
or other similar activities deemed necessary by the IDCMP as the result of a
positive finding for a substance use disorder.
(h) “Co-facilitator” means a person who assists a
certified instructor in conducting an IDEP class and who is currently working
towards becoming a certified instructor.
(i) “Commissioner” means the commissioner of the
department, or his or her designee.
(j) “Completion report” means a report that
contains information about the client’s completion status after participating
in an IDCMP.
(k) “Course” means the 20 hours of educational classes
pertaining to an IDEP.
(l) “Department” means the
(m) “Department representative” means the
individual designated by the department to conduct on-site visits at IDCMPs.
(n) “Diagnostic instruments” means written or
electronic screening or evaluation tools designed to elicit responses from
clients relative to their involvement with alcohol and other drugs.
(o) “Directed plan of correction” means a plan
developed by the department that specifies the actions the IDCMP shall take to
correct identified deficiencies.
(p) “Driving while impaired (DWI)” means driving
under the influence of alcohol or other drugs, pursuant to RSA 265-A:2 and RSA
265-A:3.
(q) “Financial viability” means the ability to
generate sufficient income to meet operating expenses, debt commitments, and
where applicable, to allow growth while maintaining service levels.
(r) “Impaired driver education program (IDEP)”
means a program that persons convicted under RSA 265-A:2 or RSA 265-A:3 are
required to attend, pursuant to RSA 265-A:40, in order to regain their driver’s
licenses or driving privileges and that is operated by an IDCMP.
(s) “Impaired driver care management program
(IDCMP)” means a entity approved by the department to provide impaired driver
care management programming and educational programming.
(t) “Impaired driver services provider (IDSP)”
means an entity approved by the department to provide treatment services or
recovery support services to persons convicted of DWI.
(u) “Incapacitation” means an inability to work,
attend school, or perform other regular daily activities due to a serious
health condition supported by appropriate medical documentation.
(v) “Instructor” means an individual who has been
certified by the department, pursuant to He-A 509, to facilitate IDEP sessions.
(w) “International Certification &
Reciprocity Consortium/Alcohol and Other Drug Abuse (IC&RC)” means an
organization that sets the international standards of practice in addiction
counseling, prevention, and clinical supervision through testing and
credentialing of addiction professionals.
(x) “Licensed alcohol and drug counselor (LADC)”
means a person licensed by the state of
(y) “Master licensed alcohol and drug counselor
(MLADC)” means a person licensed by the state of
(z) “Negative finding” means the result of a
screening or an evaluation which indicates that a client does not have a
likelihood of a substance use disorder or does not have a substance use
disorder, respectively.
(aa) “Plan of correction (POC)” means a plan
developed and written by the IDCMP, which specifies the actions that shall be
taken to correct identified deficiencies.
(ab) “Positive finding” means the result of a
screening or an evaluation which indicates that a client has a likelihood of a
substance use disorder or has a substance use disorder, respectively.
(ac) “Recovery support services” means services
that are provided to clients to support their recovery from alcohol and other
drug problems, and prevent relapse.
(ad) “Section” means the group of clients taking
an IDEP course.
(ae) “Service plan” means the written
individualized plan of care created by a qualified individual which is the
result of a positive finding after a substance use disorder evaluation and
which includes the course of treatment and recovery support services required
to be completed by the client.
(af) “Substance use disorder evaluation
(evaluation)” means a clinical face-to-face interview with a client conducted by
a qualified professional which includes, but is not limited to, the following
elements: substance abuse history, legal
history, medical history, family substance abuse history, psychiatric history,
medication history, and current substance use/abuse dependency status.
(ag) “Treatment” means the use of any planned,
intentional intervention in the health, behavior, personal, and/or family life
of an individual suffering from a substance use disorder designed to enable the
affected individual to achieve and maintain sobriety, physical and mental
health, and a maximum functional ability.
Source. #10240, eff 1-1-13
PART He-A 503
APPLICATION REQUIREMENTS
He-A
503.01 Approval Required for Delivery
of IDCMP Services.
(a) No provider, institution, organization,
corporation, person, partnership, firm, or agency, whether public or private,
shall offer, advertise, deliver, or provide services that are within the scope
of He-A 500 without first submitting an application and obtaining approval from
the commissioner.
(b) The department shall maintain, update, and
publish a list of approved providers of IDCMP services.
(c) The department shall notify the NH attorney
general’s office when a program is providing IDCMP services to clients without
proper approval of the commissioner.
Source. #10240, eff 1-1-13
He-A
503.02 Application Requirements.
(a) Applicants for provision of IDCMP services
shall submit a completed application, “Impaired Driver Care Management Program
Application” (November 2012), along with required supporting documentation to
the department.
(b) The applicant shall mail or hand-deliver the
documents to:
Department of Health and Human
Services
Bureau of Drug and Alcohol
Services
Impaired Driver Services
Coordinator
105 Pleasant Street
Source. #10240, eff 1-1-13
He-A 503.03 Processing
of Applications and Issuance of Approvals.
(a) An
application for an initial approval shall be complete when the department
determines that all items required by He-A 503.02(a) have been received.
(b) If an application
does not contain all of the items required by He-A 503.02(a), the department
shall notify the applicant in writing of the information required before the
application can be processed.
(c) After
written notice in (b) above and the applicant’s failure to provide missing
information, an incomplete application shall not be processed.
(d) Applicants
shall be notified within 90 days of receipt of a complete application as to the
status of their application.
(e) The commissioner shall approve an IDCMP if
the commissioner determines that the applicant has:
(1) Submitted to the department a complete
application;
(2) Demonstrated professional capability by
meeting the staffing requirements in He-A 504.04(g) and (h);
(3) Demonstrated at least one year’s experience
in providing impaired driver services at least comparable to an IDCMP and an
IDEP;
(4) Demonstrated financial viability based on an
analysis that includes, but is not limited to, the following:
a. Level of debt including management and
provisions for debtors;
b. Cash management and internal control policies
and procedures;
c. The most recent full-year audited financial
report prepared in accordance with Generally Accepted Accounting Principles (GAAP);
d. In the event that the agency is a start-up
organization, in lieu of an audited financial report in c. above, a business
plan which includes the following:
(i) Executive summary that highlights the mission
and vision in 2 pages or less;
(ii) Company summary that provides a factual
description of the organization, ownership, and history;
(iii) Description of services to be provided and
how they compare to that of competitors;
(iv) Market analysis that summarizes the client
base, competitive landscape, market area, and expected market growth;
(v) Management summary that describes the
background on the management team, their experiences, and key accomplishments;
and
(vi) Financial plan that contains key financials
including projected revenues, cash flow, and profits; and
e. Ratio analysis that takes into account:
(i) Liquidity;
(ii) Capital structure;
(iii) Equity profile; and
(iv) Going concern considerations; and
(5) Demonstrated compliance with all applicable
requirements of He-A 500.
(f) As a condition of approval, an IDCMP shall be
an approved ATR provider and actively enroll clients in the ATR program.
(g) Applications may be submitted anytime
throughout the year.
(h) All approvals issued shall be
non-transferable.
Source. #10240, eff 1-1-13
He-A 503.04 Approval Expirations and Procedures for
Renewals.
(a) An initial approval shall be valid on the date
of issuance and expire one year later on the last day of the month it was
issued unless a completed application for renewal has been received.
(b) Each IDCMP shall complete and submit to the
department an application form pursuant to He-A 503.02(a) at least 90 days
prior to the expiration of the current approval.
(c) If an IDCMP fails to submit a complete
application for renewal as required under (a) and (b) above, the IDCMP shall
cease operation the day after the current approval expires, and shall not
operate until a new written approval is obtained.
(d) An approval shall be renewed if the
department determines that the IDCMP:
(1) Submitted an application containing all the
items required by He-A 503.02(a), prior to the expiration of the current
approval;
(2) Submitted a plan of correction that has been
accepted by the department and implemented by the IDCMP if deficiencies were
cited at the last on-site visit or investigation; and
(3) Is in compliance with He-A 500.
(e) A renewal approval shall be valid on the date
of issuance and expire 3 years later on the last day of the month it was issued
unless a completed application for renewal has been received.
Source. #10240, eff 1-1-13
He-A 503.05 Denial of an Initial or Renewal
Application. The department shall
deny an application for approval if, based on the information in the
application or from an on-site visit, the applicant fails to meet the
requirements of He-A 500 or if any of the factors in He-A 504.09(b) exists.
Source. #10240, eff 1-1-13
He-A 503.06 Termination of Service. If an IDCMP terminates its services for any
reason, the provider shall submit written notification of the termination to
the department 90 days prior to the termination date.
Source. #10240, eff 1-1-13
He-A 503.07 Requirements for Organizational Changes.
(a) The IDCMP shall provide the bureau with written
notice at least 30 days prior to changes in any of the following:
(1) Ownership;
(2) Physical location;
(3) Agency name; or
(5) Service delivery.
(b) The IDCMP shall complete and submit a new application
and obtain a new approval prior to operating for:
(1) A change in ownership; or
(2) A change in the physical location.
(c) The IDCMP shall inform the bureau in writing
as soon as possible prior to a change in key personnel, such as executive
director, program coordinator, and licensed or otherwise required credentialed
staff.
(d) The IDCMP shall inform the bureau in writing
or via telephone as soon as possible of any changes relative to the approved
program that will or have the potential to disrupt service delivery.
Source. #10240, eff 1-1-13
PART He-A 504
GENERAL PROVIDER REQUIREMENTS
He-A
504.01 Web Information Technology
System.
(a) IDCMPs and IDSPs shall use the electronic client
record system called Web Information Technology System (WITS) to record, as
applicable, the first contact with a client, screening data, assessment data,
evaluation data, intake data, admission data, enrollment data, service
provision data, billing data, and completion status data.
(b) The department shall make available to all
approved IDCMPs and IDSPs training on the proper use of WITS modules
specifically developed for the purposes outlined in (a) above. The department shall also maintain WITS
technical assistance for all approved providers on an ongoing basis during
normal business hours, Monday through Friday.
All new providers shall participate in this training to maintain their
approved status.
Source. #10240, eff 1-1-13
He-A
504.02 Privacy and Confidentiality.
(a) All IDCMPs and IDSPs shall comply with the
applicable privacy and confidentiality provisions in RSA 172:8-a, RSA 318-B:12,
42 CFR 401.105, 42 CFR Part 2, and the “Standards for Privacy for Individually
Identifiable Health Information” (Privacy Rule), pursuant to the Administrative
Simplification provisions of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, Subparts A and E.
(b) All applicable program data that is
associated with a particular client, or could be associated with a particular
client, shall be treated as public health information, consistent with the
Privacy Rule described in (a) above.
Source. #10240, eff 1-1-13
He-A
504.03 Provider Acceptance of Clients. All IDCMPs and IDSPs shall accept as a client
any person without regard to race, ethnicity, religion, gender, sexual
orientation, disability, language proficiency, or ability to pay.
Source. #10240, eff 1-1-13
He-A
504.04 Operational Requirements.
(a) IDCMPs shall be open to the public for a
minimum of 6 hours per day, 5 days per week, which
may include weekends.
(b) IDCMPs may be closed for a maximum of 2 days
per week, either during weekdays or on weekends, excluding holidays.
(c) IDCMPs shall have a voicemail system which is
maintained after business hours and which indicates IDCMP business hours.
(d) While the IDCMP is open to the public, there
shall be an IDCMP staff member(s) available to answer telephones, respond to
emails, accept walk-ins, conduct scheduled intakes, and conduct scheduled
evaluations.
(e) IDCMPs shall respond to requests for service
within one business day. Service
requests shall be accepted by telephone, including voicemail, in person, or
electronically by email or facsimile.
(f) Voicemail messages received shall be returned
within one business day.
(g) An IDCMP
shall hire and maintain sufficient qualified staff to provide the services
required of an IDCMP and to meet the needs of clients, including at a minimum:
(1) A program
director, who shall be responsible for the day-to-day operation of the IDCMP;
(2) At least
one LADC or MLADC;
(3) At least
one IDEP instructor, certified in accordance with He-A 509;
(4) A care
manager, who shall be responsible for ensuring
clients’ compliance with their service plans; and
(5) Other staff
as needed to provide support services, such as overnight staff for a weekend
IDEP.
(h) There shall be no restriction on the number
of roles in (g) above a particular staff may provide, provided that all roles
in (g) above are met by the IDCMP.
(i) The IDCMP shall develop and implement policies
and procedures which include, at a minimum, the following:
(1)
Client rights, including at a minimum:
a.
Privacy and confidentiality in accordance with He-A 504.02;
b.
Acceptance of clients in accordance with He-A 504.03; and
c.
Client grievances;
(2)
Regulation of weapons of any kind on the premises, as consistent with
federal and state law;
(3)
Prohibition of alcohol and/or other drugs on the premises;
(4)
Tobacco products and smoking;
(5)
Use of electronic devices such as cell phones, personal computers, and
music devices;
(6)
Medication policy, including the safe and secure storage of client
prescription and over-the-counter medication;
(7)
Emergency procedures;
(8)
In-service staff training;
(9)
Tardiness to an IDEP session; and
(10)
Agency contingency plans for unforeseen events such as loss of key
personnel such as the executive director, program coordinator, and licensed or
otherwise required credentialed staff, including that the IDCMP shall notify
the bureau within 14 days of such a change and provide a plan for the
continuation of services without disruption to clients.
(j) In addition to the electronic client record
maintained in the WITS system described in He-A 504.01, the IDCMP shall
maintain a secure paper record for each client to include:
(1)
Signed client consents;
(2)
All documents required in He-A 507.01(b)(1); and
(3)
The client’s signed service plan, as applicable.
(k) Client records shall be maintained for a
period of 10 years from the date of the client’s conviction or the date of
program completion, whichever is later.
(l) Should the IDCMP cease operations, all client
records shall be surrendered to the bureau or any successor agency of the
department.
(m) The IDCMP shall report to the bureau, within
one business day, any critical incident and/or sentinel event occurring at the
IDCMP. If reported by telephone and the
bureau requests written notice, the IDCMP shall provide written notice of the
incident.
(n) For the purposes of (m) above, a critical
incident or sentinel event includes, but is not limited to:
(1)
Any incident that requires a child or adult protective services report to
be sent to the department’s division for children, youth and families (DCYF) or
the department’s bureau of elderly and adult services (BEAS), respectively;
(2)
Any sexual contact or physical assault involving an IDCMP employee or
staff and a client, or any sexual contact or physical assault between clients;
(3)
Any unexpected occurrence involving the death or serious physical or
psychological injury, or risk thereof, to a client;
(4)
Any medical emergency involving staff or a client that requires emergency
medical attention, which shall include an incident that requires an emergency
medical technician or other emergency personnel at the provider’s location or a
hospital emergency room visit;
(5)
Any crime reportable to law enforcement; or
(6)
Any other serious incident deemed by the IDCMP to warrant notice to the
bureau.
Source. #10240, eff 1-1-13
He-A 504.05 Physical Environment.
(a) IDCMPs shall provide handicapped accessibility
into and within the provider’s buildings, in compliance with the Americans with
Disabilities Act.
(b) IDCMPs shall have the following physical
areas for operations:
(1)
A counseling room that is private so that conversations cannot be
overheard;
(2)
Office and administrative space where staff can work privately with
clients and/or records;
(3)
Secure areas for the protection and confidentiality of records; and
(4)
Waiting room area.
(c) All areas in (b) above shall be maintained
and equipped to provide a sanitary, safe, and comfortable environment,
including all furnishings in good repair and the premises free of hazards.
(d) An emergency and fire safety program shall be
developed and implemented to provide for the safety of clients and staff, and
emergency action steps shall be posted in conspicuous locations throughout the
premises.
(e) If smoking is to be allowed, the IDCMP shall:
(1)
Develop and implement smoking policies; and
(2)
Designate smoking areas in accordance with RSA 155:66–69 that are either
an outside location or a room used only for smoking which:
a.
Has a dedicated ventilation system, so that smoke or odors cannot escape
or be detected outside the designated smoking room;
b. Has
walls and furnishings constructed of non-combustible materials;
c.
Has metal waste receptacles and safe ashtrays; and
d.
Is in compliance with the requirements of RSA 155:64-77, the Indoor
Smoking Act.
Source. #10240, eff 1-1-13
He-A
504.06 Complaints.
(a) The department shall investigate complaints
that allege a violation of He-A 500.
(b) The following shall not be the subject of a
complaint:
(1)
A positive finding after a screening or substance use disorder
evaluation;
(2)
The required elements of a service plan;
(3)
Changes to a service plan; and
(4)
Compliance with the required elements of a service plan.
(c) The items in (b)(2) and (3) above may be the subject
of an appeal request to the department of safety, division of motor vehicles,
pursuant to RSA 265-A:40, VI, and Saf-C 204.20.
(d) When practicable, the complaint shall be in
writing and contain the following information:
(1)
The name and address of the IDCMP;
(2)
The name, address, and telephone number of the complainant; and
(3)
A description of the situation that supports the complaint and the
alleged violation(s) of He-A 500.
(e) Upon notice of a complaint, the IDCMP shall
cooperate with the department’s investigation by:
(1)
Allowing department access to the IDCMP premises;
(2)
Allowing IDCMP staff to be questioned by department representatives;
(3)
Allowing department access to all client records and IDCMP business records
at the IDCMP premises; and
(4)
Providing the department with copies of requested documents.
(f) If the investigation results in deficiencies
being cited, the IDCMP shall be required to submit a plan of correction in accordance
with He-A 504.08(b).
Source. #10240, eff 1-1-13
He-A
504.07 Program Compliance
Monitoring.
(a) For the purpose of determining compliance
with He-A 500, IDCMPs and applicants for approval shall admit and allow any
department representative at any time during its hours of operation to:
(1) Inspect the IDCMP premises and any records
required by He-A 500;
(2) Monitor any program or service provided by
the IDCMP; and
(3) Verify the implementation of any plan of
correction (POC) accepted or issued by the department.
(b) Visits by a department representative may be
scheduled or unscheduled, but shall take place during the IDCMP’s hours of
operation.
(c) Visits by a department representative shall
include the review of any element in He-A 500 related to the provision of
impaired driver services.
(d) IDCMP staff shall cooperate fully with and
answer all questions of department representatives regarding the provision of
impaired driver services.
(e) The department shall provide the IDCMP with a
written notice of any deficiencies or violations of He-A 500 identified at the
on-site visit.
Source. #10240, eff 1-1-13
He-A
504.08 Administrative Remedies.
(a) The department shall impose administrative
remedies for violations of He-A 500, including:
(1)
Requiring an IDCMP to submit a plan of correction (POC);
(2)
Imposing a directed POC upon an IDCMP; or
(3)
Withdrawal of an approval.
(b) A POC shall be developed and enforced in the
following manner:
(1)
Upon receipt of a notice of deficiencies, the IDCMP shall submit a POC
detailing:
a.
How the IDCMP intends to correct each deficiency;
b. What
measures will be put in place, or what system changes will be made, to ensure
that the deficiency does not recur; and
c.
The date by which each deficiency shall be corrected;
(2)
The IDCMP shall submit a POC to the department within 21 calendar days
of the date on the notice in (1) above;
(3)
The department shall review and accept each POC that:
a.
Achieves compliance with He-A 500;
b.
Addresses all deficiencies and deficient practices as cited in the
written notice described in (1) above;
c.
Prevents a new violation of He-A 500 as a result of the implementation
of the POC; and
d.
Specifies the date by which the deficiencies shall be corrected;
(4)
If the POC is acceptable, the department shall provide written
notification of acceptance of the POC;
(5)
If the POC is not acceptable:
a.
The department shall notify the IDCMP in writing of the reason for
rejecting the POC;
b.
The IDCMP shall develop and submit a revised POC within 14 days of the date
of the written notification from the department that states the original POC
was rejected;
c.
The revised POC shall comply with (1) above and be reviewed in
accordance with (3) above; and
d.
If the revised POC is not acceptable to the department, or is not
submitted within 14 days of the date of the written notification from the
department that states the original POC was rejected, the IDCMP shall be
subject to a directed POC in accordance with (d) below;
(6)
The department shall verify the implementation of any POC that has been
submitted and accepted by:
a.
Reviewing materials submitted by the IDCMP;
b.
Conducting a follow-up visit; or
c.
Reviewing compliance during the next approval period visit;
(7)
Verification of the implementation of any POC shall only occur after the
date of completion specified by the IDCMP in the POC; and
(8)
If the POC or revised POC has not been implemented by the completion
date at the time of the next visit, the IDCMP shall be issued a directed POC in
accordance with (d) below.
(d) The
department shall develop and impose a directed POC that specifies corrective
actions for the IDCMP to implement when:
(1)
As a result of an on-site visit, deficiencies were identified that require
immediate corrective action to protect the health and safety of the clients and
employees or to ensure the privacy and confidentiality of clients;
(2)
A revised POC is not submitted within 14 days of the written
notification from the department; or
(3)
A revised POC submitted by the IDCMP has not been accepted.
(e) If at the
time of the next on-site visit the directed POC in (d) above has not been
implemented by the completion date stated in the directed POC, the department
shall, as appropriate:
(1)
Deny the application for a renewal of an approval; or
(2)
Withdraw the approval in accordance with He-A 504.09(b).
Source. #10240, eff 1-1-13
He-A 504.09 Enforcement
Actions and Hearings.
(a) At the time
of denying an application for approval or withdrawing an approval, the
department shall send to the applicant or IDCMP written notice that sets forth:
(1)
The action to be taken by the department;
(2)
The reason(s) for the proposed action; and
(3)
The right of an applicant or IDCMP to a hearing in accordance with He-C
200 before the enforcement action becomes final.
(b) The
department shall deny an application or withdraw the approval of an IDCMP if:
(1)
An applicant or an IDCMP has violated provisions of He-A 500, or allowed
conditions to exist, which violations or conditions have the potential to harm
a client’s health, safety, or well-being;
(2)
An applicant, IDCMP, or any representative or employee of the applicant
or IDCMP:
a.
Has abused, exploited, neglected, or extorted a client;
b.
Has committed fraud;
c.
Provides false or misleading information to the department;
d.
Prevents or interferes, or fails to cooperate with any inspection or investigation
conducted by the department; or
e.
Fails to provide requested files or documents to the department;
(3)
The IDCMP failed to implement or continue to implement a POC that has
been accepted or imposed by the department in accordance with He-A 504.08;
(4)
The IDCMP is cited a third time under He-A 500 for the same violations
within the last 5 on-site visits;
(5)
The IDCMP has failed to deliver
the agreed-upon services or maintain applicable provider standards; or
(6)
The IDCMP is not or ceases to be an approved ATR provider in good
standing and which actively enrolls clients in the ATR program.
(c) An
applicant or an IDCMP shall have 30 days after
receipt of the notice of enforcement action to request a hearing to contest the
action.
(d) If a
written request for a hearing is not made pursuant to (c) above, the IDCMP
shall waive its right to a hearing and the action of the department shall
become final.
(e) Hearings
under this section shall be conducted in accordance with RSA 541-A and He-C
200.
(f) No ongoing
enforcement action shall preclude the imposition of any remedy available to the
department under RSA 541-A:30, III, or He-A 500.
Source. #10240, eff 1-1-13
He-A
504.10 Waivers.
(a) The commissioner shall waive any element or
portion of these rules if the commissioner determines that such a waiver would:
(1) Rectify
problems unforeseen by the rules; or
(2) Assist a
client in completing an IDCMP when strict adherence to the rules would be
unduly onerous due to unique circumstances beyond the client’s control.
(b) A written request for a waiver of specific
procedures in these rules shall be made by the director of the division of
community based care services or by an IDCMP program director and shall be
submitted to the commissioner.
(c) A request for a waiver shall include:
(1) A specific
reference to the rule for which a waiver is being sought;
(2) A full
explanation of why a waiver is necessary; and
(3) A full
explanation of alternative procedures proposed, which detail how the intent of
the rule will be satisfied if the waiver is granted.
(d) A request for waiver shall be granted if the
commissioner determines that:
(1) A criterion
described in (a) has been met;
(2) Strict
compliance with the procedure(s) sought to be waived does not contradict the
intent of these rules; and
(3) The alternative procedures proposed are at least equivalent
to the specific procedures contained in the rule, or the alternative procedures
proposed are not equivalent to the procedures contained in the rule but are
sufficient to ensure that the intent of the relevant provisions of the rule
will be accomplished.
(e) Notwithstanding (d) above:
(1) No waiver
shall be granted if the effect of the waiver would be to waive or modify any
state statute, unless a waiver is expressly allowed by the statute that would
be waived; and
(2) No waiver
shall be granted if the effect of the waiver would be to waive or modify any
federal requirement unless the federal statute or regulation that establishes
the requirements allows for waivers.
(f) Subsequent compliance with the alternative
procedures approved in the waiver shall be considered to be in compliance with
the rule for which waiver was sought.
Source. #10240, eff 1-1-13
PART He-A 505
SCHEDULE OF FEES AND CHARGES
He-A
505.01 Schedule of Fees and Charges.
(a) IDCMPs shall charge a client no more than the following amounts:
(1) Intake,
$75, which shall be inclusive of any screening conducted;
(2) Substance
use disorder evaluation, $200;
(3) Care
management, $30 per contact;
(4) Education program,
including all course materials, $300;
(5) Weekend
education program, including all course materials and room and board, $485;
(6) Per client
fee, $70, which shall be the fee required by RSA 265-A:39, III(g), and RSA
265-A:40, VII(g), to be paid to the department by the client and which is
collected by the IDCMP at intake;
(7) For each
day that an IDCMP staff is required to attend a sentencing court proceeding as
a result of a notice of non-compliance being sent in accordance with He-A
507.06(k), $100 per day; and
(8) For
individuals who choose to receive services outside
a. An
out-of-state client fee of $350 to cover the cost of intake/registration,
service plan development and monitoring, electronic data systems requirements,
verification of out-of-state education and clinical requirements, and
completion reporting, as applicable;
b. The per
client fee in (6) above; and
c. The fee in
(a)(2) if the service is conducted by an IDCMP, and the fees in (a)(3) and (7)
if the service is applicable to the client’s service plan.
(b) Clients receiving services in the state of
(1) For the intake
in (a)(1) above and for the evaluation in (a)(2) above, clients shall make
payment on the date of service delivery, unless a payment plan agreed to by the
client and the IDCMP has been arranged;
(2) For care
management contacts in (a)(3) above, the IDCMP may charge the client
individually for each contact or on a monthly basis for 2 contacts, to be
payable in a manner determined by the IDCMP;
(3) For the
education program in (a)(4) above and for the weekend education program in
(a)(5) above, clients shall make payment on or before the date of the first
session, unless a payment plan agreed to by the client and the IDCMP has been
arranged;
(4) The per
client fee in (a)(6) above shall be paid to the department by the client at the
time of intake in accordance with He-A 505.03, unless the fee is waived as
described in H-A 505.03(c); and
(5) For the fee
in (a)(7), clients shall be billed by the IDCMP and make payment in a manner
determined by the IDCMP.
(c) Clients who choose to receive services
outside
(1) For the
out-of-state client fee in (a)(8)a. above, clients shall make payment on the
first date of service delivery, unless a payment plan agreed to by the client and
the IDCMP has been arranged;
(2) For the
evaluation in (a)(2) above, clients shall make payment on the date of service
delivery, unless a payment plan agreed to by the client and the IDCMP has been
arranged;
(3) For care management
contacts in (a)(3) above, the IDCMP may charge the client individually for each
contact or on a monthly basis for 2 contacts, to be payable in a manner
determined by the IDCMP;
(4) The per
client fee in (a)(6) above shall be paid to the department by the client at the
time of intake in accordance with He-A 505.03; and
(5) For the fee
in (a)(7), clients shall be billed by the IDCMP and make payment in a manner
determined by the IDCMP.
(d) IDCMPs shall provide notice to the department
of any changes in fee amounts charged to clients.
(e) IDCMPs shall not charge or collect from a
client a fee:
(1) For any
drug or alcohol testing required by the service plan. Such fees shall be paid by the client
directly to the testing site;
(2) For any
drug or alcohol testing conducted by an IDCMP to determine or confirm
impairment at any IDCMP or IDEP component; and
(3) For any fee
that is being paid for by a publicly funded program, including the ATR program.
Source. #10240, eff 1-1-13; ss by #10438, INTERIM,
eff 10-10-13, EXPIRES: 4-8-14; ss by #10564, eff 4-8-14
He-A
505.02 Reduced Fees for Hardship.
(a)
Per RSA 265-A:40, IV, clients who cannot pay for IDCMP or impaired
driver treatment services may avail themselves of publicly funded programs.
(b)
IDCMPs shall offer a reduced fee for hardship for IDEPs as follows:
(1) A client
shall be eligible for a reduced fee if they provide documentation that
indicates that they are currently receiving one of the following state or
federal assistance benefits:
a. Temporary assistance to needy families;
b. Social Security disability;
c. Supplemental security income;
d. Aid to the permanently and totally disabled; or
e. Old age assistance;
(2) IDCMPs
shall reduce the IDEP fees charged to the client by 50%; and
(3) A reduced
fee shall not be available to a client for whom an evaluation is required
pursuant to He-A 507.03(a) and who chooses not to enroll and participate in the
ATR program.
(c) At intake an IDCMP shall inform clients of
the reduced fee options available to them and shall document such notice.
Source. #10240, eff 1-1-13
He-A
505.03 Per Client Fee.
(a) Pursuant to RSA 265-A:39, III(g), and RSA
265-A:40, VII(g), clients shall pay to the department a per client fee to cover
the departmental costs for monitoring course content and program services,
establishing and maintaining standards of instruction, data collection, and
administrative support.
(b) The per client fee shall be $70 per client.
(c) The per client fee shall be waived for those
clients who receive a reduced fee for hardship, per He-A 505.02.
(d) The per client fee shall be paid as follows:
(1) Unless the fee is waived in accordance with (c)
above, at intake, each client shall provide the IDCMP with a check or money
order for the exact amount of the fee made payable to “Treasurer – State of
(2) A money order or certified check shall be required when a
client has made payment to the department by check, and such check was returned
for insufficient funds; and
(3) Any fee
submitted to the department in the form of a check or money order and returned
to the state for any reason
shall be processed in accordance with RSA 6:11-a.
(e) Within 7 calendar days of receiving from the
client the per client fee, the IDCMP shall send to the department the check or
money order, accompanied by a “Per Client Fee Transmittal Form” (January 2013)
which includes the client name, the date the check or money order was received,
and the check or money order number.
(f) An IDCMP shall not conduct an intake if the
client does not pay the per client fee.
Source. #10240, eff 1-1-13
PART He-A 506
PROGRAM PARTICIPATION REQUIREMENTS
He-A
506.01 Requirements for Program
Choice.
(a) Residents of New Hampshire shall be required
to complete all impaired driver program components within the state of New
Hampshire, except as follows:
(1) Residents
of New Hampshire who live outside New Hampshire for at least 9 months out of a
year for educational purposes may choose to complete impaired driver program
components in the state in which they are attending school; and
(2) Residents
of
(b) The requirements in He-A 506.02 for
out-of-state residents shall apply to those individuals in (a) above who choose
to complete impaired driver program components outside
(c) Individuals convicted in New Hampshire who
have legal residence outside New Hampshire shall have the option of completing
impaired driver program components either in New Hampshire or in their state,
territory, or country of residence, in accordance with He-A 506.02.
(d) For those individuals who choose to complete
impaired driver components in the state of
Source. #10240, eff 1-1-13; ss by #10438, INTERIM,
eff 10-10-13, EXPIRES: 4-8-14; ss by #10564, eff 4-8-14
He-A
506.02 Out-of-State Residents.
(a)
Out-of-state residents shall have the following program choices:
(1) Complete
all impaired driver program components in
(2) Complete
all impaired driver program components in their state of residence; or
(3) Complete
various impaired driver program components in
a. Intake, screening,
evaluation, and care management components, including service planning and
client contacts, shall be conducted in
b. Treatment
components shall be completed in their state of residence; and
c. Education
components shall be completed either in
(b) The
following shall apply to out-of-state residents who choose to receive services
in their state of residence, as applicable:
(1) The
out-of-state resident shall register with an IDCMP, as follows:
a. An in-person
or telephone intake shall be conducted by the IDCMP in accordance with He-A
507.01, except that a screening shall not be conducted;
b. The client shall provide the IDCMP with the
documentation listed in He-A 507.01(b)(1); and
c. The client
shall pay the IDCMP the applicable fees listed in He-A 505.01(a)(8);
(2) If a
screening is a required component, the client shall submit to the IDCMP the
following documentation:
a. A written release
of information, signed by the client;
b.
Documentation of service provider credentials that meet the requirements
in (c)(1) below; and
c. The results
of the screening which meets the requirements in He-A 507.02(b);
(3) If an
evaluation is a required component, the client shall submit to the IDCMP the
following documentation:
a. A written
release of information, signed by the client;
b. Documentation of service provider credentials that
meet the requirements in (c)(1) below; and
c. The results
of the evaluation which meets the requirements in He-A 507.03(d);
(4) If
treatment is a required component, the following shall apply:
a. The IDCMP
shall:
1. Develop a
service plan in accordance with He-A 507.04 and based on the evaluation received
in (3) above;
2. Monitor the
client’s compliance with the service plan in accordance with He-A 507.06,
except that an IDCMP may utilize telephone contacts and other electronic means
in place of required face-to-face contacts; and
3. Report non-compliance
with the service plan in accordance with He-A 507.06; and
b. The client
shall submit to the IDCMP the following information:
1. A written
release of information, signed by the client; and
2.
Documentation of service provider credentials that meet the requirements
in (c)(1) and (c)(3) below;
(5) If an
education program is a required component, the client shall submit to the IDCMP
the following documentation:
a. A written
release of information, signed by the client;
b. Documentation
of service provider credentials that meet the requirements in (d)(2) below; and
c. An education
program completion report;
(6) The IDCMP
shall determine whether all required components have been completed and shall
report such completion to the sentencing court, the division of motor vehicles,
and the department; and
(7) In order to
ensure that provider credentials meet applicable requirements in (c) below, a
client may submit credentials to the IDCMP prior to the service being provided
for pre-approval by the IDCMP.
(c)
Out-of-state provider credentials shall be as follows:
(1) Screening,
evaluation, and treatment services shall be provided by:
a. Individuals
possessing an applicable IC&RC sanctioned license, and:
1. Which license
allows him or her to engage in independent practice; or
2. Are
supervised by an individual possessing an applicable IC&RC sanctioned
license which allows the supervisor to engage in independent practice; or
b. If the
client resides in a non-IC&RC state, by individuals who are approved by
that state for the purpose of license reinstatement subsequent to an alcohol or
drug DWI conviction;
(2) Impaired
driver education programs shall be provided by programs which are approved by
that state for the purpose of license reinstatement subsequent to an alcohol or
drug DWI conviction; and
(3) On-line
treatment programs and education programs shall be acceptable for out-of-state
residents only if such a program is approved in their state of residence for
the purpose of license reinstatement subsequent to an alcohol or drug DWI
conviction.
(d) Reduced
rates and ATR services shall not be available to out-of-state residents.
Source. ##10240, eff 1-1-13; ss by #10438, INTERIM,
eff 10-10-13, EXPIRES: 4-8-14; ss by #10564, eff 4-8-14
He-A
506.03 Extenuating Circumstances for
Enrollment Timeframe Compliance.
(a) Clients shall comply with the timeframes for
scheduling and completing screenings and evaluations described in RSA 265-A:18,
unless one of the following extenuating circumstances apply:
(1) The client
is physically, medically, or psychiatrically unable to comply due to
confinement to an institution or incapacitation, as documented by a medical
doctor or institution administrator;
(2) The chosen
IDCMP is unable to schedule the client within the timeframe established, as
documented by the IDCMP, except that, for this extenuating circumstance to
apply:
a. The client shall take the next available opening; and
b. The
statutory timeframe shall not be exceeded by
more than 14 calendar days; or
(3) If, after a
screening or a substance use disorder evaluation has been scheduled, the client
is unable to attend due to documented reasons beyond the client’s control, such
as a death in the client’s immediate family, a medical emergency pertaining to
the client or the client’s immediate family, or other factors which cause the
client to not be able to keep the IDCMP appointment, and is granted an excused
absence described in He-A 507.08.
(b) The client shall be responsible for
requesting approval from the department of any extenuating circumstances, but
an IDCMP may request approval on a client’s behalf.
(c) Any approval of extenuating circumstances
shall include a new required timeframe for compliance.
(d) The IDCMP shall notify the client’s
prosecutor of any approval of extenuating circumstances granted by the
department in accordance with He-A 506.02.
Source. #10240, eff 1-1-13; renumbered by #10438
(from He-A 506.02)
He-A
506.04 Program Transfer.
(a) A client may transfer to another IDCMP at any
time.
(b) A client who transfers to another IDCMP for
care management shall:
(1) Begin the
program anew; and
(2) Undergo a
new intake and evaluation and incur all associated fees.
(c) A client who transfers to another IDCMP for
the education program shall:
(1) Undergo a
new intake and incur the associated fee; and
(2) Not be
required to undergo a new evaluation and not incur the associated fee.
(d) The program from which the client transfers
shall notify the client’s prosecutor and the new program, if known, of the
program transfer.
(e) The program to which the client transfers
shall notify the client’s prosecutor that they have enrolled the client.
Source. #10240, eff 1-1-13; renumbered by #10438
(from He-A 506.03)
PART He-A 507
IMPAIRED DRIVER CARE MANAGEMENT PROGRAMS
He-A
507.01 IDCMP Intake.
(a) There shall be an initial one-on-one intake
between the client and IDCMP staff.
(b) The initial intake shall include the
following steps:
(1) Each client shall provide the IDCMP with the
following documentation:
a. A current
original certified copy of the client’s driver’s license record from all of the
following, as applicable:
1. The State of New Hampshire department of safety,
division of motor vehicles;
2. The state in which the client holds a driver’s license,
if a non-resident; and
3. Any state in which the client has been arrested or
convicted for an offense involving driving a motor vehicle under the influence
of alcohol or other drugs;
b. The department of
safety notice of suspension/revocation action indicating the conviction;
c.
d. Chemical
test results, if any were performed, or documentation of the client’s refusal
to submit to chemical tests;
e. A copy of the client’s arrest report and arrest narrative relating
to conviction; and
f. Documentation of proof of completion of a
department-approved impaired driver education program
if such a program has been completed within the past 5 years prior to the
client’s latest conviction;
(2) Screening of first-time offenders, as
described in He-A 507.02, and if screened positive for a likelihood of a
substance use disorder, scheduling of a substance use disorder evaluation,
which may be conducted on the same day as the intake and screening;
(3) Substance use disorder evaluation of
individuals convicted of an aggravated, second, or subsequent DWI offense;
(4) Referral to or scheduling attendance at an
IDEP if the client has not provided proof of completion of a
department-approved impaired driver education program within the past 5 years
prior to the client’s conviction;
(5) Notice to the client of the reduced fee
options available to them, pursuant to He-A 505.02, including obtaining the
client’s written acknowledgment that such notice has been given;
(6) Notice to the client of the opportunity to
enroll in the ATR program, including obtaining the client’s written
acknowledgment that such notice has been given;
(7) Securing client release(s) of information;
(8) Receiving from the client the per client fee
described in He-A 505.03; and
(9) Entering client information into the WITS
system.
(c) Failure to provide the documentation in
(b)(1)a., b., d., and e. above:
(1) Shall not prevent the intake process from
being conducted;
(2) Shall prevent a finding from being made as a
result of the screening in He-A 507.02;
(3) Shall prevent a finding from being made as a
result of the evaluation in He-A 507.03 and a service plan from being finalized
per He-A 507.03(h) until such documentation is provided; and
(4) Shall prevent a completion report from being
sent per He-A 507.08 until such documentation is provided.
(d) Failure to provide the documentation in
(b)(1)f. above:
(1) Shall not prevent the intake process from being
conducted; and
(2) Shall prevent a completion report from being
sent per He-A 507.08 until such documentation is provided or the client
completes an impaired driver education program.
(e) Failure to provide the per client fee in
(b)(8) above shall prevent the intake from being conducted.
(f) Notice of subsequent scheduled appointments
shall be provided to the client in writing.
(g)
For each client the IDCMP shall provide notification to the client’s
prosecutor and the DMV, as follows:
(1) For non-aggravated, first time offenders who
have screened negative, within 5 business days of the negative finding being
made, the results of the screening; and
(2) For aggravated, second, or subsequent DWI
offenders and for non-aggravated, first time offenders who have screened
positive, within 5 business days of the evaluation resulting in a negative
finding or within 5 business days of the discussion with the client of the
results of the evaluation when there is a positive finding, the results of the
screening and the results of the evaluation.
Source. #10240, eff 1-1-13
He-A 507.02 Alcohol and Drug Abuse Screening.
(a) Pursuant to RSA 265-A:18, I(a)(3), non-aggravated,
first-time offenders shall submit to an alcohol and drug abuse screening at the
intake interview.
(b) The IDCMP shall utilize the Driver Risk
Inventory-II (DRI-II) (2007 edition) and the Research Institute on Addictions
Self-Inventory (RIASI) (4th edition, 2005) as screening tools. (See Appendix A.)
(c) Any IDCMP staff that has been trained in the
proper administration of the tools in (b) above shall be allowed to administer
those tools, and interpret and inform the client of the results, as described
in (d) and (f) below.
(d) IDCMP staff shall review the results of the
screening tools and the documents in He-A 507.01(b)(1) and make a positive
finding for a likelihood of a substance use disorder if any of the following is
true:
(1) The DRI-II alcohol scale score is at the 60th
percentile or greater;
(2) The DRI-II drug scale score is at the 60th
percentile or greater;
(3) The DRI-II truthfulness scale score is at the
90th percentile or greater;
(4) The RIASI score is 10 or greater;
(5) The client has had more than one DWI
conviction in this or any other state within the past 10 years;
(6) The client was age 21 or over and had a blood
alcohol concentration (BAC) of 0.16 or higher at the time of arrest;
(7) The client was under the age of 21 and had a
BAC of 0.08 or higher at the time of arrest;
(8) The client has a history of a substance use
disorder; or
(9) IDCMP staff determines that a positive
finding for a likelihood of a substance use disorder is indicated.
(e)
If screened positive for a likelihood of a substance use disorder, the
client shall submit to a substance use disorder evaluation, described in He-A
507.03, to be scheduled and conducted no later than the 30th day after conviction. The evaluation may be conducted on the same
day as the screening.
(f)
The IDCMP shall inform the client of the results of the screening at the
time of the screening, unless a finding cannot be made due to absence of
required documentation in He-A 507.01(c).
Source. #10240, eff 1-1-13
He-A
507.03 Substance Use Disorder
Evaluation.
(a)
A substance use disorder evaluation shall be conducted for:
(1) Individuals who have screened positive for a likelihood
of a substance use disorder, pursuant to He-A 507.02; and
(2) Individuals convicted of an aggravated,
second, or subsequent DWI offense.
(b)
For individuals who have screened negative for a likelihood of a
substance use disorder, pursuant to He-A 507.02, but for whom new information
is revealed during an IDEP session or otherwise learned by the IDCMP that
indicates the appropriateness of an evaluation, the IDCMP shall require the
client to submit to the evaluation and shall notify the client’s prosecutor of
such requirement.
(c)
A substance use disorder evaluation shall be conducted by one of the
following credentialed professionals trained in the proper use of the
diagnostic instruments listed in (d) below:
(1) A NH LADC or MLADC;
(2) A NH licensed clinical social worker, licensed in accordance with RSA 330-A, who is also
certified by the National Association of Social Workers (NASW) as a certified
clinical alcohol, tobacco, and other drugs social worker (CCATODSW); or
(3) A person who is actively working towards the
NH LADC credential under appropriate supervision,
which means a person who meets the following requirements:
a. Has passed
the IC&RC written exam within the past 2 years;
b. Has completed the following training within the past 2
years:
1. A 6-hour
minimum training on ethics;
2. Training on
the 12 Core Functions;
3. Training on
relevant
4. Training on conducting
substance use disorder evaluations, including the Addiction Severity Index
(ASI) (5th edition, 1998) (see Appendix A);
c. Does not have the required number of hours yet to apply for
licensure but is currently working towards those hours; and
d. Meets one of the following:
1. In at least
the second year of an accredited graduate clinical program and who is serving
in a clinical internship in a licensed or certified treatment facility; or
2. Has a masters degree in a clinical field and has completed
the academic requirements of the NH board of licensing for alcohol and other
drug use professionals to be a NH MLADC pursuant to RSA 330-C:16.
(d)
A substance use disorder evaluation shall include the administration and
review of:
(1) The Addiction Severity Index (5th Edition,
1998), to include completion of all fields within the ASI assessment (see
Appendix A);
(2) The Driver Risk Inventory-II (DRI-II) (2007
edition), except that clients who have already taken the DRI-II as part of a screening
described in He-A 507.02 shall not be required to take the test again (see
Appendix A);
(3) The RIASI (4th edition, 2005), except that
clients who have already taken the RIASI as part of a screening described in
He-A 507.02 shall not be required to take the test again (see Appendix A); and
(4) Any other diagnostic instrument the IDCMP
deems appropriate.
(e)
A substance use disorder evaluation shall include the following
elements:
(1) A written biopsychosocial history of the client,
to include:
a. A substance abuse history of the client;
b. A legal history of the client;
c. A medical history of the client;
d. A substance abuse history of the client’s family;
e. The relevant
psychiatric history of the client;
f. The relevant
medication history of the client;
g. The client’s
current substance use/abuse dependency status;
h. The client’s
history of self-help attendance or
involvement, if applicable; and
i. The client’s
history of any prior treatment for alcohol or
substance abuse;
(2) A summary of the client’s level of
participation and motivation;
(3) An identification and results summary of all
diagnostic instruments utilized in the course of conducting the evaluation; and
(4) A determination of a positive or negative
finding, as described in (f), (g), and (i) below, except that a person in
(c)(3) above shall not be allowed to make this determination.
(f) The IDCMP shall issue a positive finding for a
substance use disorder if any of the following exists:
(1) The DRI-II alcohol scale score is at the 60th
percentile or greater;
(2) The DRI-II drug scale score is at the 60th
percentile or greater;
(3) The DRI-II truthfulness scale score is at the
90th percentile or greater;
(4) The RIASI score is 10 or greater;
(5) The client has had more than one DWI
conviction in this or any other state within the past 10 years;
(6) The client was age 21 or over and had a BAC of
0.16 or higher at the time of arrest;
(7) The client was under the age of 21 and had a BAC of 0.08 or higher at the time of arrest;
or
(8) The client meets diagnostic criteria for a
substance use disorder in accordance with the Diagnostic and Statistical Manual
for Mental Disorders (DSM) until DSM-5 (5th edition) supersedes DSM-IV-TR (4th
edition) in 2013, after which the criteria shall be in accordance with DSM-5
(see Appendix A).
(g)
The IDCMP shall also issue a positive finding if none of the factors in
(f) exists but the IDCMP determines that a positive finding is clinically
indicated.
(h) If there is a positive finding, the IDCMP
shall, either at the time of the evaluation or at a scheduled follow-up meeting
conducted within 14 calendar days following completion of the evaluation:
(1) Develop an individualized service plan as
described in He-A 507.04;
(2) Meet with the client to discuss:
a. The results of the diagnostic instruments in (d) above
and the interpretation of the client’s scores;
b. The evaluator’s assessment of the client’s involvement
with alcohol and other drugs;
c. The service plan requirements;
d. The right to
request a hearing with the DMV to rebut the service plan requirements, in
accordance with RSA 265-A:40, VI, and Saf-C
204.20; and
e. Referral to
approved treatment and recovery support providers, including, pursuant to RSA
265-A:40, VII, the client’s option to receive
services from the same IDCMP that conducted the evaluation and the requirements
thereof;
(3) Provide the client with written copies of the
information in (2) above;
(4) Obtain the client’s written acknowledgment
that written copies of the information in (2) above have been provided; and
(5) Obtain the client’s dated signature on the
service plan, or an indication of the client’s refusal to sign and agree to the
service plan.
(i) The IDCMP shall issue a negative finding for
a substance use disorder if none of the factors described in (f) or (g) exists.
(j) If there is a negative finding, the IDCMP
shall contact the client to cancel the follow-up meeting described in (h)
above, if one was scheduled.
(k)
The IDCMP shall enter the client’s evaluation information into WITS.
(l) The IDCMP shall notify the client’s
prosecutor of the results of the evaluation within 5 business days of
discussing the results of the evaluation with the client.
(m) The IDCMP shall also notify the client’s
prosecutor:
(1) If the client
described in (a)(1) above does not complete the evaluation within 30 days of
conviction pursuant to RSA 265-A:18, I(a)(3); and
(2) If the
client described in (a)(2) above who has scheduled an evaluation does not
complete the evaluation within the statutory timeframes in RSA 265-A.
Source. #10240, eff 1-1-13
He-A
507.04 Service Plan Development.
(a) The IDCMP shall develop, update, and maintain
an individual service plan for treatment and recovery for each client for whom
a positive finding is issued in accordance with He-A 507.03(f)-(g).
(b) The service plan shall be developed and
discussed with the client within 14 calendar days following completion of the
substance use disorder evaluation.
(c) Individual service plans shall be developed
in a way that acknowledges the client’s:
(1) Cultural
sensitivities;
(2) Education
level;
(3) Reading
ability;
(4) Language
comprehension; and
(5) Cognitive
ability.
(d) Individual service plans shall contain, at a
minimum, the following elements:
(1) The types
and frequencies of required treatment and recovery services to be provided;
(2) The required
timeframe for starting treatment and recovery services, which shall be no later
than 30 days after the service plan requirements are discussed with the client;
(3) Referrals
for recommended services that are not provided directly by an approved IDSP;
(4) The
schedule of required contacts, which shall be conducted on dates and at times
that are mutually agreed to by both the IDCMP and the client;
(5) Any
required drug or alcohol testing as ordered by the court or as indicated by the
IDCMP as a result of the evaluation;
(6) An
abstinence monitoring regimen as ordered by the court or if clinically
indicated as a result of the evaluation, as applicable;
(7) Completion
of an IDEP if the client has not provided documentation of proof of completion
of a department-approved impaired driver intervention program within the past 5
years prior to the client’s latest conviction;
(8) The
consequences of not complying with any of the service plan requirements;
(9) Documentation
of the client’s participation in the service planning process or the reason why
the client did not participate;
(10) Dated
signature of the evaluator; and
(11) Dated
signature of the client, or an indication of the client’s refusal to sign and
agree to the service plan.
(e) The IDCMP shall consider, and incorporate as
necessary, any aftercare requirements not completed from previous impaired
driver convictions when developing the service plan for the most recent
impaired driver conviction.
(f) The types of clinical services required by
the service plan shall be based on a level-of-care recommendation in accordance
with the American Society of Addiction Medicine (ASAM) Patient Placement
Criteria for the Treatment of Substance-Related Disorders, Second
Edition-Revised (May 5, 2007). (See
Appendix A.)
(g) The following minimum duration of counseling
and number of clinical sessions shall be required by each service plan:
(1) For
first-time offenders, a minimum of 6 to 10 counseling sessions shall be
required with no more than one individual session and/or one group session
weekly for 6 to 10 consecutive weeks;
(2) For second
offenders:
a. A minimum of
6 months of counseling and a minimum of 20 counseling sessions shall be
required with no more than one individual session and/or one group session
weekly for 20 or more consecutive weeks; or
b. Completion of an intensive outpatient program shall
be required;
(3) For third
offenders:
a. Completion of an intensive outpatient program shall
be required;
b. Followed by a minimum of 3 months of counseling at a
minimum of 2 times per month; and
c. The requirements in a. and b. above shall not be met concurrently;
and
(4) For fourth
or subsequent offenses:
a. Completion of an intensive outpatient program shall
be required;
b. Followed by a minimum of 6 months of counseling at a
minimum of 2 times per month; and
c. The requirements in a. and b. above shall not be met
concurrently.
(h) The IDCMP may increase the minimum number of
months and clinical sessions described in (g) above if the substance use
disorder evaluation provides additional clinically significant information, or
if there is information related to legal history and other factors, that
indicates the need for a greater duration of treatment or an additional number
of sessions.
(i) IDCMPs may include in a client’s service plan
a recommendation for, but shall not require, the client to participate nor make
participation a requirement of program completion, in any 12-step program or
any type of religious or spiritual based program if the client raises any
objection at any time to participating in such a program.
(j) For each client the service plan shall be
reviewed and updated as follows:
(1) The service
plan shall be reviewed at least every 60 days;
(2) The review
shall document the degree to which the client is meeting treatment, personal,
and recovery goals;
(3) The service
plan shall be updated as necessary during the course of treatment to reflect
the client’s progress; and
(4) Any changes
to the service plan shall be signed by the client or the service plan shall
indicate the client’s refusal to sign and agree to the changes in the service
plan.
(k) A client may request a hearing with the
department of safety, pursuant to RSA 265-A:40, VI, and Saf-C 204.20, in order
to rebut the requirements of the service plan or any changes made to the
service plan.
Source. #10240, eff 1-1-13
He-A
507.05 Drug and Alcohol Testing.
(a) Pursuant to RSA 265-A:40, II(g), the IDCMP
shall be responsible for the administration of drug and alcohol testing
required by the court or included in the service plan.
(b) An IDCMP shall administer drug or alcohol
testing by requiring that sample collection and testing be conducted at a
Clinical Laboratory Improvement Amendments (CLIA)-approved testing laboratory.
(c) An IDCMP shall not require drug or alcohol
testing to be conducted by an IDSP.
(d) The following types of drug or alcohol
testing may be included in a client’s service plan:
(1) Any testing required by the sentencing court;
and
(2) Testing of a client’s urine.
(e)
A service plan shall not require testing of a client’s blood unless
required by the sentencing court.
(f) The frequency of alcohol or drug testing
required by the service plan, except for testing required by the sentencing
court, shall be no more than once per month, except that a second test may be
ordered in a month if the test comes back positive.
(g)
Clients shall be responsible for the cost of sample collection and
testing done at an outside testing site.
(h)
There shall be no conflict of interest between an IDCMP and an outside
testing site.
Source. #10240, eff 1-1-13
He-A
507.06 Service Plan Monitoring and
Compliance.
(a)
The IDCMP shall monitor the client’s compliance with the service plan.
(b)
For each client the IDCMP shall conduct direct client contacts at least
twice per month to monitor the client’s progress and to address barriers and
other additional needs.
(c)
Direct client contacts shall:
(1) Be either face-to-face or via telephone, but
there shall be at least one face-to-face contact during the length of the
service plan;
(2) Be a minimum duration of 15 minutes; and
(3) Be documented in the client’s record,
including the subject(s) of discussion.
(d)
A service plan review with a client shall not be considered a client
contact.
(e)
The IDCMP shall not charge a client for more than 2 client contacts per
month, regardless of how many contacts are conducted.
(f)
The IDCMP shall monitor the client’s treatment and recovery progress by
maintaining contact with the client’s IDSP as follows:
(1) The IDCMP shall review the client’s treatment
plan and monthly progress reports submitted by the client’s IDSP in accordance
with He-A 510.13(g)(1) and (g)(3);
(2) If monthly progress reports are not received,
the IDCMP shall:
a. Directly contact the client’s IDSP for updates on the
client’s progress; and
b. Notify the bureau that progress reports are not being
submitted; and
(3) The IDCMP shall provide to the IDSP any new
information about the client deemed relevant to the client’s service plan.
(g)
The IDCMP shall not charge the client for any contact with the client’s
IDSP.
(h)
If the IDCMP believes that an IDSP’s treatment plans or progress reports
are of poor quality, the IDCMP shall notify the bureau.
(i)
If information is disclosed by the IDSP that has a negative effect on
the client’s progress, the IDCMP shall determine whether the client is in
compliance with their service plan.
(j) Each of the following shall constitute
non-compliance with the service plan, thus requiring a notice of non-compliance
to be sent in accordance with (k) below:
(1) The client does not start receiving treatment
or recovery services within the timeframe established in He-A 507.05(d)(2);
(2) The client has an unexcused absence from more
than one scheduled treatment or recovery appointment within any 30 day period;
(3) The client misses more than one scheduled
client contact in any 30 day period;
(4) The client is impaired as a result of being
under the influence of alcohol, any illicit substance, or any non-prescribed or
over-the-counter medication at any treatment or recovery appointment or at any
IDEP session, as confirmed and documented by a drug or alcohol screening;
(5) The client is presumed to be impaired as a
result of being under the influence of alcohol, any illicit substance, or any non-prescribed
or over-the-counter medication at any treatment or recovery appointment or at
any IDEP session and refuses to submit to drug or alcohol screening;
(6) Abstinence is required by the court and the
client is not abstinent;
(7) Abstinence is required by the IDCMP in the
service plan, the client is not abstinent, and the IDCMP determines, after
consultation with the client’s IDSP, that the client’s non-abstinence should be
reported as non-compliance with the service plan; and
(8) The court or the service plan requires
abstinence and drug or alcohol testing to confirm abstinence, and the client
either refuses to submit to drug or alcohol testing or any testing conducted
indicates drug or alcohol use.
(k)
If the IDCMP determines that the client is not in compliance with the
service plan, the IDCMP shall:
(1) Notify the sentencing court, the client’s
prosecutor, the DMV, and the bureau of such non-compliance; and
(2) Notify the client in writing that notice of
non-compliance has been submitted.
(l)
If, within 6 months of a notice of non-compliance being sent in
accordance with (k) above, a client begins, continues, or returns to treatment
and/or recovery, as applicable, the IDMCP shall review the existing service plan,
revise the service plan as necessary, require the client to comply with the
revised service plan, and not charge the client an additional fee.
(m)
If a client does not begin, continue, or return to treatment and/or
recovery within 6 months of a notice of non-compliance being sent in accordance
with (k) above, the client shall submit to a new substance use disorder
evaluation, at the client’s expense, and a new service plan shall be developed
before treatment and recovery can commence.
(n)
If an IDCMP staff is subpoenaed or otherwise required to attend a
sentencing court proceeding as a result of a notice of non-compliance being
sent in accordance with (k) above, the IDCMP may charge the client a fee of up
to $100 per day that the IDCMP staff is required to attend a court proceeding.
Source. #10240, eff 1-1-13
He-A
507.07 Service Plan Completion.
(a)
Upon receipt of a client’s IDSP service plan completion report, pursuant
to He-A 510.13(k), the IDCMP shall review the report and determine if the
client has complied with all of the requirements of the service plan, pursuant
to RSA 265-A:40, V.
(b)
If the IDCMP does not agree with the IDSP completion determination, the
IDCMP shall contact the IDSP and request additional information that justifies
the client’s completion.
(c)
Upon receipt of additional information in (b) above, if the IDCMP still
does not agree with the IDSP completion determination, the IDCMP shall:
(1) Require compliance with the established
service plan;
(2) Work with the IDSP and the client to make
changes to the established service plan and then require compliance with the
updated service plan; or
(3) Absent compliance with either (1) or (2) above,
notify the sentencing court, the client’s prosecutor, the DMV, the client, and
the bureau in writing of the client’s non-compliance with the service plan.
Source. #10240, eff 1-1-13
He-A
507.08 Program Completion.
(a) The IDCMP shall send a written completion
report to the sentencing court, the DMV, and the bureau within 5 business days
of any of the following:
(1) The client has screened negative for a
likelihood of a substance use disorder, the client does not require a full
substance use disorder evaluation, the client has completed an impaired driver
education program, and the client has paid all fees required by He-A 500;
(2) The client has been issued a negative finding
after a full substance use disorder evaluation, the client has completed an
impaired driver education program, and the client has paid all fees required by
He-A 500; or
(3) The client has been issued a positive finding
after a full substance use disorder evaluation, the client has complied with
all requirements of the client’s service plan, the client has completed an
impaired driver education program, and the client has paid all fees required by
He-A 500.
(b)
An IDCMP shall inform clients that they shall not be eligible for license
restoration until a completion report described in (a) above is sent and until
all outstanding fees owed to impaired driver programs and service providers,
courts, and the state of New Hampshire related to previous convictions have
been paid in full.
Source. #10240, eff 1-1-13
He-A
507.09 Absence from a Scheduled IDCMP
Component.
(a) An excused absence from a scheduled IDCMP
component, including IDEP sessions, shall be granted only for:
(1) A documented emergency situation beyond the
client’s control, consisting of one of the following:
a. A death in the client’s immediate family; or
b. A medical
emergency pertaining to the client or the client’s immediate family, which
prevents attendance; or
(2) Factors that cause the IDCMP to not be able
to keep the scheduled appointment.
(b) An IDCMP shall not charge the client for an
excused absence.
(c) An IDCMP may charge the client up to the full
amount for an IDCMP component that is missed due to an unexcused absence,
provided that the client has been notified in writing of the scheduled
appointment or session.
(d) The client shall not be under the influence of
alcohol, any illicit substance, or any non-prescribed or over-the-counter
medication during attendance at any IDCMP component, including IDEP sessions.
(e) If the client is found to be impaired as a
result of being under the influence of alcohol, any illicit substance, or any
non-prescribed or over-the-counter medication during program attendance, the
IDCMP shall:
(1) Not allow the client to continue with the
scheduled appointment or session;
(2) Consider such an absence to be unexcused;
(3) Document the circumstances of the impairment
and the absence in the client’s record, including the results of any drug or
alcohol screening conducted to determine or confirm impairment; and
(4)
Provide notice as required by He-A 507.07(k).
Source. #10240, eff 1-1-13
PART He-A 508
IMPAIRED DRIVER EDUCATION PROGRAMS
He-A 508.01 IDEP General Requirements.
(a)
IDEP classrooms shall:
(1) Be maintained
at a temperature not less than 65 degrees Fahrenheit and not more than 75
degrees Fahrenheit. If the room is not
within those limits, immediate action shall be taken to remedy the situation;
(2) Be
adequately lit so that clients can easily read presented materials and write
assignments;
(3) Have
adequate seating, so that clients can see the instructor, any visual aids used,
and other clients in the classroom;
(4) Be equipped
with tables for clients when writing is necessary; and
(5) Have access
to a minimum of one bathroom including hand-washing facilities.
(b) A non-weekend IDEP shall not provide
overnight accommodations to clients.
(c) The following shall apply to weekend IDEPs:
(1) A weekend
IDEP shall provide room and board;
(2) A staff
person shall be in the building and accessible to clients at all times during
the weekend program; and
(3) Separate
showering and sleeping quarters shall be maintained for male and female clients
attending the weekend program.
Source. #10240, eff 1-1-13
He-A
508.02 IDEP Scheduling Requirements.
(a) Each IDEP shall conduct scheduled sessions to
ensure course completion on a timely basis for all clients.
(b) Each IDEP shall
run a minimum of one educational cycle each month, unless the minimum number of
clients is not met, in which case the IDEP shall inform clients of other IDEPs
that may be able to schedule the client sooner.
(c) A non-weekend IDEP shall provide, at a
minimum, 20 hours of evidence-based educational curriculum, provided in
accordance with one of the following options:
(1) A schedule of 4, 5, or 6 sessions, which
shall be uniform in length;
(2) A schedule of 4 sessions on 2 consecutive
weekends with sessions, which shall be uniform in length, on either:
a. Both Saturdays and Sundays; or
b. Both Fridays and Saturdays;
(3) A schedule of 3 sessions on 3 consecutive Saturdays
or Sundays, which shall be uniform in length; or
(4) A schedule of 3 sessions on 2 consecutive
weekends with sessions on a Saturday and Sunday of one weekend and one day
Saturday or Sunday of the following weekend, which shall be uniform in length.
(d) A weekend IDEP shall provide, at a minimum,
20 hours of evidence-based educational curriculum, conducted over a single
weekend, starting on a Friday and ending on the following Sunday.
Source. #10240, eff 1-1-13
He-A
508.03 Section Size.
(a) The minimum section size shall be 6 clients.
(b) The maximum section size shall be 15 clients.
Source. #10240, eff 1-1-13
He-A
508.04 IDEP Curriculum.
(a) In order for a curriculum to be considered
evidence-based, as required by RSA 265-A:39, II, it shall meet one of the
following requirements:
(1) It shall be included in SAMHSA’s National
Registry of Evidence-based Programs and Practices (NREPP);
(2) It shall have been published in a
peer-reviewed journal and have been found to have positive effects; or
(3) The IDCMP or applicant shall provide
documentation of the curriculum’s effectiveness based on the following:
a. The
curriculum is based on a theoretical perspective that has validated research;
or
b. The
curriculum is supported by a documented body of knowledge generated from
similar or related curricula that indicate effectiveness.
(b) An IDEP shall conduct a group orientation in
the first session of the program to inform the clients of the following:
(1) The rules of the program, including
attendance requirements and the consequences of tardiness and unexcused
absences;
(2) Expectations of both the provider and the
client;
(3) The current NH DWI laws and the requirements
and procedures for completion of the IDEP and license reinstatement;
(4) The rules contained in He-A 500 that require
the client’s compliance; and
(5) What failure to complete the program means.
(c) IDEPs shall provide clients with written
copies of the information in (a) above, including obtaining clients’ written
acknowledgment that such information was provided and that they agree to comply
to the program’s rules.
(d) An IDEP or weekend IDEP shall offer sessions
featuring group discussions regarding:
(1) Physiological and medical effects of toxic
substances on the body;
(2) Psychosocial effects of substance use,
focusing on consumption;
(3) Identification of substance use and impaired
driving behaviors and patterns as related to alcohol and other drug use;
(4) The impact of psychological defense
mechanisms;
(5) The impact of substance use on the family;
and
(6) Social and personal attitudes toward
substance use.
(e) During group sessions, instructors shall
emphasize group process and self-awareness.
(f) During group sessions, instructors shall
facilitate group discussions and interactions regarding each client’s
description of his or her DWI incident.
(g) At least one group session shall discuss:
(1) The effects of substance use on employment;
and
(2) Available treatment options.
(h) During one group session, the topic of
children of alcoholics shall be discussed.
Source. #10240, eff 1-1-13
He-A
508.05 Documentation and Notice of
New Information.
(a) Upon completion of the course, the IDEP
instructor shall complete a summary on each client in attendance.
(b) Each client summary shall contain the
instructor’s observations of the client, addressing, at a minimum:
(1) Attendance;
(2) Attitude;
(3) Punctuality;
(4) Level of group participation and involvement;
and
(5) Any information relevant to the client’s use
of alcohol and other drugs.
(c)
If new information is revealed during an IDEP session or otherwise
learned by the IDEP which indicates the appropriateness of a substance use
disorder evaluation should one have not been previously conducted, the IDEP
instructor shall notify the IDCMP.
Source. #10240, eff 1-1-13
He-A
508.06 Films and Resource Materials.
(a) IDEPs shall use only those films and resource
materials approved by the department in accordance with (c) below.
(b) New films or resource materials may be used
subsequent to department approval.
(c) The department
shall approve material if the material:
(1) Does not conflict with any part of He-A 500;
(2) Is directly relevant to course or program
requirements found in He-A 500; and
(3) Clarifies or enhances an aspect of the
program consistent with He-A 500.
Source. #10240, eff 1-1-13
He-A
508.07 IDEP Attendance and Completion
Requirements.
(a) Pursuant to RSA 265-A:42, I, a client shall
have completed an IDEP if he or she has:
(1) Completed attendance at all class sessions,
with active participation in discussions and assessments, and completion of
exercises, tests, and all required forms; and
(2) Made payment in full of all assessed fees.
(b) Clients who have an unexcused absence from a
session shall be required to start the program anew and pay the entire fee
again.
(c) Clients who have an excused absence from a
session, as described in He-A 507.09(a), shall be required to make up only that
missed session and shall not be required to pay an additional fee.
(d) If a client is late to a session, the
following shall apply:
(1) The IDCMP shall determine whether or not to allow
the client to participate in the session; and
(2) If the client is not allowed to participate
in the session, the IDCMP shall:
a. Require the
client to restart the program beginning with the missed session; and
b. Charge the
client an additional fee of no more than 50% of the original IDEP fee,
regardless of which session the client restarts.
(e) If, during the intake interview, the client
reveals that he or she is currently taking a mood-altering medication under a
physician’s direction, or if, during the course of an IDEP session, a client
appears impaired as a result of taking prescribed medication, the provider
shall request a written assessment from the prescribing physician regarding
whether the client will be able to benefit from the program content while under
the influence of such medication.
(f) If the physician’s assessment in (e) above
indicates that the client is unable to participate in the program, the client
shall not be allowed to enter or continue the program until such time as he or
she obtains medical clearance, at which point the client shall enter the
program or begin the program anew at a scheduled first session. The client shall either be
refunded the IDEP program fee or not be charged an additional fee to begin the
program anew.
Source. #10240, eff 1-1-13
PART He-A 509
IMPAIRED DRIVER EDUCATION PROGRAM INSTRUCTOR CERTIFICATION
He-A
509.01 Certification Required. No person shall facilitate an IDEP session unless
he or she is certified as an IDEP instructor in accordance with He-A 509.
Source. #10240, eff 1-1-13
He-A
509.02 Minimum Qualifications for
Certification. To qualify for certification
as an IDEP instructor, the applicant shall either:
(a) Meet the following requirements:
(1) Possess a
valid New Hampshire LADC or MLADC license; and
(2) Document 6 months
experience in substance abuse and group counseling or otherwise formal group
activities facilitation; or
(b) Meet the following alternative requirements:
(1) Document a
minimum of one year’s full time experience, which shall be 35 hours per week,
in the field of education, social sciences training, or substance abuse and
group counseling or otherwise formal group activities facilitation;
(2) Document,
within the past 3 years, 48 hours of education or training, of which no more
than 10 hours shall be done online, which has been approved by the NH board of
licensing for alcohol and other drug use professionals in RSA 330-C, in
relevant impaired driver services education, including, at a minimum, the
topics of NH impaired driver laws, ethics, and confidentiality;
(3) Up to 24
hours of the education and training required by (2) above may be substituted
for individuals who document 40 hours of co-facilitation in an IDEP class with
a certified instructor, verified by the signature of the IDCMP program
director; and
(4) Hold at
least a high school diploma or GED.
Source. #10240, eff 1-1-13
He-A
509.03 Certification Procedure.
(a) Each applicant for instructor certification shall
submit the following to the department:
(1) A complete
“IDEP Instructor Certification Application” (November 2012);
(2) A copy of
the applicant’s:
a. High school
diploma and/or transcript;
b. GED; or
c. Any advanced
degree transcript;
(3) A current
résumé;
(4) A letter
from the director of other similar programs, as described in He-A 509.02(b)(2),
documenting experience with and knowledge of those similar programs; and
(5) Any
documentation that may be counted toward the required education and experience,
if applicable.
(b) Upon receipt of a completed application, the
department shall review the documentation submitted.
(c) If the applicant meets the minimum
qualifications listed in He-A 509.02, the department shall issue a certificate.
(d) If the applicant does not meet the minimum
qualifications listed in He-A 509.02, the department shall deny the
application.
(e) The department shall complete the
certification procedure within 30 calendar days of the receipt of the completed
application.
(f) IDEPs may adopt their own certification and
recertification standards that exceed minimum certification and recertification
requirements as described in He-A 509.
Source. #10240, eff 1-1-13
He-A
509.04 Certification Period. A certificate for instructor certification
shall be valid for 3 calendar years from the date of issuance, unless
certification is revoked prior to the end of the 3-year period pursuant to He-A
509.06.
Source. #10240, eff 1-1-13
He-A
509.05 Recertification.
(a) For an instructor to be recertified, he or
she shall have obtained during the current certification period at least 48
hours of education or training, of which no more than 10 hours may be done
online, which has been approved by the board of licensing for alcohol and other drug use
professionals in RSA 330-C, in relevant
impaired driver services education, including, at a minimum, the topics of NH
impaired driver laws, ethics, and confidentiality.
(b) The department shall send each instructor a
“IDEP Instructor Certification Application” (November 2012) at least 3 months
prior to the expiration date of his or her certification.
(c) No later than one month prior to the
expiration of his or her certification, the applicant for recertification shall
submit to the department a completed “IDEP Instructor Certification
Application” (November 2012), along with:
(1) A copy of
the applicant’s instructor certification; and
(2) Either:
a. A copy of a
valid LADC or MLADC license; or
b. Evidence of
training and education required in (a), including a transcript or a letter of
attendance which includes the following:
1. The course
titles;
2. The names of
course leaders;
3. The course
locations;
4. The
sponsoring agencies;
5. The dates of
attendance; and
6. The number
of course hours related to substance abuse.
(d) The department shall review all courses for
applicability to the field of substance abuse.
(e) If the instructor whose certification has
expired does not apply for recertification, his or her certification shall be
deemed to have lapsed, and he or she shall be prohibited from facilitating an
IDEP session or acting as a co-facilitator.
(f) To become recertified after a lapse of
certification, in addition to the education requirements contained in (a), the
applicant for instructor certification shall:
(1) Submit a
complete “IDEP Instructor Certification Application” (November 2012) to the
department;
(2) Have
obtained:
a. At least 48
hours of education or training, of which no more than 10 hours may be done
online, which has been approved by the board of licensing for alcohol and other
drug use professionals in RSA 330-C, in relevant impaired driver services
education, including, at a minimum, the topics of NH impaired driver laws,
ethics, and confidentiality; and
b. An
additional 2 hours of education and training for every one-month period since
expiration of his or her last valid certification period; and
(3) Provide a
certificate or certificates showing that the required training or education has
been completed, per (c)(2)b. above.
(g) A certified instructor shall notify the department
of any change of address.
(h) A certified instructor may voluntarily
terminate his or her certification by notifying the department in writing.
Source. #10240, eff 1-1-13
He-A
509.06 Revocation of Certification.
(a) The department shall revoke the certification
of an instructor for any of the following reasons:
(1) Failure to
act in accordance with He-A 500;
(2) Engaging in
the practice of IDEP instruction in a manner that is harmful or dangerous to the
client;
(3) Engaging in
sexual relations, soliciting sexual relations, or committing an act of sexual
abuse or misconduct with or against a client;
(4) Failing to
remain free from the use of any controlled substance or any alcoholic beverage
to the extent the use impairs the ability of the person to perform his or her
duties as an instructor;
(5) Behavior or
speech during IDEP instruction or instructor training that is offensive to
class members due to its sexually explicit or sexually, racially, or ethnically
derogatory nature;
(6) Where the
instructor has been arrested for any DWI or any drug or alcohol related offense
within the current certification period and there is probable cause to believe
that the person committed the offense; or
(7) Failure to
maintain client confidentiality in accordance with He-A 507.01.
(b) Revocation of certification shall occur
pursuant to RSA 541-A:30, II and III.
(c) Within 10 days after issuance of any notice of the department’s intent to
revoke a certification, the aggrieved person may request an adjudicatory
hearing before the department, to be conducted in accordance with RSA 541-A:30,
II and III, and He-C 200.
Source. #10240, eff 1-1-13
PART He-A 510
IMPAIRED DRIVER SERVICES PROVIDERS
He-A
510.01 Approval Required for Delivery
of Impaired Driver Services.
(a) No provider, institution, organization,
corporation, person, partnership, firm, or agency, whether public or private, shall
offer, advertise, deliver, or provide services that are within the scope of
He-A 500 for the purpose of driver’s license restoration without first
obtaining approval from the department.
(b) The department shall maintain, update, and
publish a list of approved providers of impaired driver services.
Source. #10240, eff 1-1-13
He-A
510.02 Treatment Provider
Qualifications.
(a) In order to be an approved provider of impaired
driver treatment services, a provider shall be one of the following:
(1)
An agency approved in accordance with He-A 510.06 to provide treatment
services;
(2)
An agency under current service contract with the bureau of drug and
alcohol services as a substance abuse treatment facility pursuant to RSA 172;
or
(3)
An individual practitioner who is not employed by an agency in (1) or
(2) above if he or she meets one of the requirements in (c)(1)–(4) below.
(b) The department shall not separately approve
individuals employed by an agency in (a)(1) or (2) above, but such employed
individuals shall meet the requirements in (c) below in order to provide
impaired driver treatment services.
(c) An individual, whether an employee of an
agency in (a)(1) or (2) above or an individual practitioner, shall meet one of
the following requirements in order to be an approved provider of impaired
driver treatment services:
(1)
Be a NH MLADC;
(2)
Be a NH licensed clinical social worker, licensed in accordance with RSA
330-A, that is also certified by the NASW as a CCATODSW;
(3)
Be a NH LADC that is supervised by an individual listed in (1) or (2)
above;
(4)
Be a NH LADC whose license allows
him or her to engage in independent practice and who is practicing within the
authorized scope of practice; or
(5)
For employees of an agency in
(a)(1) or (2) above only, be an individual who is
supervised by an individual listed in (1) or (2) above, is designated by a
title that clearly indicates training status or discloses to clients that he or
she is not currently a licensed MLADC or LADC but is actively seeking this
credential under appropriate supervision, and meets the following requirements:
a. Has passed
the IC&RC written exam within the past 2 years;
b. Has
completed the following training within the past 2 years:
1. A 6-hour
minimum training on ethics;
2. Training on
the 12 Core Functions;
3. Training on
relevant
4. Training on
conducting substance use disorder evaluations, including the Addiction Severity
Index (ASI) (5th edition, 1998);
c. Does not
have the required number of hours yet to apply for licensure but is currently
working towards those hours; and
d. Meets one of
the following:
1. In at least
the second year of an accredited graduate clinical program and who is serving
in a clinical internship in a licensed or certified treatment facility; or
2. Has a
masters degree in a clinical field and has completed the academic requirements
of the NH board of licensing for alcohol and other drug use professionals to be
a NH MLADC pursuant to RSA 330-C:16.
Source. #10240, eff 1-1-13
He-A
510.03 Recovery Support Provider
Qualifications. Individuals
providing impaired driver recovery support services shall:
(a) Be certified recovery support workers
certified in accordance with RSA 330-C;
(b) Be employees of either an agency in He-A
510.02(a)(1) or (2) above or a recovery community
organization under current contract with the bureau;
(c) Practice or have demonstrated competency in
the specific subject area or service being provided; and
(d) Meet licensure, certification, registration,
or accreditation requirements, as applicable, to the specific service being
provided.
Source. #10240, eff 1-1-13
He-A
510.04 IDSPs Deemed Approved.
(a) The providers in (b) and (c) below shall be deemed
IDSPs if they provide to the bureau written notice that they wish to be an IDSP
and which includes a statement affirming that they will comply with all
applicable requirements of He-A 500.
(b) The following entities shall be deemed to be
approved providers of impaired driver treatment services:
(1)
Treatment providers under current service contract with the bureau of
drug and alcohol services as substance abuse treatment facilities pursuant to
RSA 172;
(2)
Community mental health programs approved in accordance with He-M 403;
and
(3)
Community health centers under contract with the department.
(c) Certified recovery support workers who are
employees of one of the following entities shall be deemed to be approved
providers of impaired driver recovery support services:
(1)
Treatment providers currently under current service contract with the
bureau as substance abuse treatment facilities pursuant to RSA 172;
(2)
Recovery community organizations under current contract with the bureau.
Source. #10240, eff 1-1-13
He-A
510.05 Application Requirements.
(a) Applicants for provision of IDSP services
shall submit a completed application, “NH Bureau of Drug and Alcohol Services Provider
Application” (November 2012), along with required supporting documentation to
the department.
(b) Applicants shall
meet the applicable licensing, certification, and clinical standards for the
level of care and services for which they are applying.
(c) The applicant shall mail or hand-deliver the
documents to:
Department of Health and Human
Services
Bureau of Drug and Alcohol
Services
105 Pleasant Street
Source. #10240, eff 1-1-13
He-A 510.06 Processing of Applications and Issuance of
Approvals.
(a) An application for an initial approval shall
be complete when the department determines that all items required by He-A
510.05(a) have been received.
(b) If an application does not contain all of the
items required by He-A 510.05(a), the department shall notify the applicant in
writing of the items required before the application can be processed.
(c) Applicants shall be notified within 90 days
of receipt of a complete application as to the status of their application.
(d) The commissioner’s approval of an individual
IDSP shall be based upon the applicant’s ability to provide services in
accordance with these rules, as evidenced by responses to the specific
requirements of the application.
(e) The commissioner shall approve an IDCMP if
the commissioner determines that the applicant has:
(1) Submitted
to the department a complete application;
(2) Met the
applicable professional qualifications in He-A 510.02 and He-A 510.03; and
(3)
Demonstrated compliance with all applicable requirements of He-A 500.
(f) Applications may be submitted anytime
throughout the year.
(g) All approvals issued shall be
non-transferable.
Source. #10240, eff 1-1-13
He-A 510.07 Approval Expirations and Procedures for
Renewals.
(a) An approval shall be valid on the date of
issuance and expire 3 years later on the last day of the month it was issued
unless a completed application for renewal has been received.
(b) Each IDSP shall complete and submit to the
department an application form pursuant to He-A 510.05(a) at least 90 days
prior to the expiration of the current approval.
(c) If an IDSP fails to submit a complete
application for renewal as required under (a) and (b) above, the IDSP shall
cease to provide services to impaired driver clients the day after the current
approval expires, and shall not provide such services until a new written
approval is obtained.
(d) An approval shall be renewed if the
department determines that the IDSP:
(1) Submitted an application containing all the
items required by He-A 510.05(a), prior to the expiration of the current
approval; and
(2) Is in compliance with He-A 500, as
applicable.
Source. #10240, eff 1-1-13
He-A 510.08 Denial of an Initial or Renewal
Application. The department shall
deny an application for approval if, based on the information in the
application, the applicant fails to meet the applicable requirements of He-A
500 or if any of the factors in He-A 510.10(a) exists.
Source. #10240, eff 1-1-13
He-A
510.09 Termination of Service. If an IDSP terminates its services for any
reason, the provider shall:
(a) Submit written notification of the
termination to the department 90 days prior to the termination date;
(b) Notify each client’s IDCMP of the
termination; and
(c) Make arrangement to transfer all client
records to the client’s IDCMP.
Source. #10240, eff 1-1-13
He-A
510.10 Withdrawal of Provider
Approval.
(a) The department shall withdraw provider
approval via written notice upon evidence of any of the following:
(1)
The provider has committed fraud;
(2)
The provider has abused, exploited, neglected, or extorted a client;
(3)
The provider has allowed a condition to exist that jeopardizes the
health, safety, or welfare of a client; or
(4)
The provider has failed to deliver the agreed upon services or maintain
applicable provider eligibility standards.
(b) The written notice in (a) above shall
include:
(1)
The action to be taken by the department;
(2)
The reasons for the action; and
(3) The right
of the provider to request a hearing in accordance with RSA 541-A, He-C 200,
and He-A 510.11 prior to the withdrawal becoming final.
Source. #10240, eff 1-1-13
He-A
510.11 Request for an Administrative
Hearing.
(a) A provider shall have 30 calendar days after
receipt of the notice of withdrawal to request in writing a hearing to contest
the action.
(b) If a written request for a hearing is not
received pursuant to (a) above, the provider waives his right to a hearing and the
action of the department shall become final.
(c) Hearings under this section shall be
conducted in accordance with RSA 541-A and He-C 200.
Source. #10240, eff 1-1-13
He-A
510.12 Service Descriptions.
(a) The following shall apply for outpatient
treatment services providers:
(1) All
outpatient treatment services providers shall offer the following clinical
services:
a. Assessment
services;
b. Treatment
and rehabilitation services;
c. Transfer and
discharge services; and
d. Client
record services; and
(2) Treatment
and rehabilitation services shall include:
a. Development
and maintenance of an individual treatment plan; and
b. Services
rendered consistent with the treatment plan, including individual or group
counseling sessions, or both, for less than 9 hours per week.
(b) The following shall apply for intensive
outpatient treatment services providers:
(1) All
intensive outpatient treatment services providers shall offer the following clinical
services:
a. Assessment
services;
b. Treatment
and rehabilitation services;
c. Transfer and
discharge services; and
d. Client
record services; and
(2) Treatment
and rehabilitation services shall include:
a. Development and
maintenance of an individual treatment plan; and
b. Services
rendered consistent with the treatment plan, including individual or group
counseling sessions, or both, for at least 3 hours per day and at least 3 days
per week.
(c) Recovery support
services providers shall render services, consistent with the service plan, to
include any services within the certified recovery
support worker scope of practice described in RSA 330-C:13.
Source. #10240, eff 1-1-13
He-A
510.13 General IDSP Requirements.
(a) IDSPs shall review the care requirements
outlined in the client’s service plan, including the review of all available
documents such as the client’s driving and arrest record.
(b) IDSPs shall maintain a client record, to
include a treatment or recovery plan as applicable, progress notes, consent
forms, and details of service provision.
(c) Treatment plans and recovery plans shall be
developed in consultation with the client and updated as necessary.
(d) Treatment plans shall be developed in a way
that acknowledges the client’s:
(1) Cultural
sensitivities;
(2) Education
level;
(3) Reading
ability;
(4) Language
comprehension; and
(5) Cognitive
ability.
(e) Treatment plans shall include, at a minimum,
the following:
(1) Problems to
be addressed during treatment, including possible barriers to treatment;
(2) Client
strengths that can be used in resolving problems identified in (1) above;
(3) Measurable long-term
goals that might be accomplished throughout the course of treatment;
(4) Measurable
short-term goals, which might be accomplished over a period of days or weeks,
leading to the completion of the long-term goals, including:
a. Timeframes
for the anticipated dates of achievement or completion of each goal, or for
reviewing progress towards goals;
b.
Specification and description of the indicators used to assess the
client’s progress; and
c.
Documentation of the client’s participation in the treatment planning
process or the reason why the client did not participate;
(5) Measurable
personal goals that might be achieved if treatment plan goals are realized;
(6) Measurable
recovery plan goals, if applicable;
(7) Dated
signature of the clinician; and
(8) Dated
signature of the client, or an indication of the client’s refusal to sign and
agree to the treatment plan.
(f) IDSPs shall work with clients to meet
objectives outlined in their service plan and shall provide the client with ongoing
assessment of client progress and needs.
(g) IDSPs shall communicate with the client’s
IDCMP care manager as follows:
(1) IDSPs shall
provide the IDCMP with the client’s treatment plan;
(2) IDSPs shall
suggest revisions to the client’s service plan based on their ongoing clinical
work with the client, as needed;
(3) IDSPs shall
contact IDCMP care managers immediately should there be an issue of
non-compliance with the service plan; and
(4) IDSPs shall
provide updates about the client’s progress in treatment on a monthly basis and
when requested by the IDCMP care manager, to include dates of contact, length
of contact, and a narrative that clearly describes the client’s progress.
(h) For each client, IDSPs shall maintain
supporting documentation for all services rendered, including the date and time
of service, the duration of the service, and a progress note on each service
rendered.
(i) The information in (h) above shall be entered
into the WITS no later than 3 days following the delivery of the service.
(j) All providers shall obtain written client
consent prior to any service provision.
(k) At the completion of all treatment
requirements contained in the service plan, IDSPs shall provide a treatment
plan completion report, which includes a diagnostic summary to the IDCMP of
their work with the client, including all dates of contact and length of
contacts, and which clearly describes the client’s progress and the provider’s
rationale as to why the client should be considered to have completed their
service plan requirements.
Source. #10240, eff 1-1-13
APPENDIX A:
Incorporation by Reference Information
Rule |
Title |
Publisher; How to
Obtain; and Cost |
He-A 507.02(b);
507.03(d)(2) |
Driver Risk Inventory-II (DRI-II) (2007 edition) |
Behavior Data Systems, Ltd., The cost is
$9.95 per test (with volume discounts available). |
He-A 507.02(b);
507.03(d)(3) |
Research Institute on Addictions Self-Inventory (RIASI)
(4th Edition, 2005) |
A copy of the instrument is available at no
cost from Thomas H. Nochajski, Ph.D., Associate Professor, School of Social
Work, University at Buffalo, SUNY, 660 Baldy Hall Amherst, New York, 14260.
Phone: (716) 645-3381; email: thn@buffalo.edu |
He-A 507.03(c)(3)b.4.; 507.03(d)(1) |
Addiction Severity Index (5th Edition, 1998) |
Available from the publisher, Treatment Research Institute
(http://www.tresearch.org/homepage.htm). Downloadable version available free of charge. Hardcopy version available at various
prices, depending on components required. Both available at: http://www.tresearch.org/ASI.htm |
He-A 507.03(f)(8) |
Diagnostic and Statistical Manual for Mental Disorders,
(4th Edition, Text Revision) (DSM-IV-TR, 2000) |
Available from
the publisher, American Psychiatric Publishing (http://www.appi.org/Home), a division of
the American Psychiatric Association (APA) (www.psychiatry.org). Cost is $121.00. |
He-A 507.03(f)(8) |
Diagnostic and Statistical Manual for Mental Disorders
(5th Edition) (DSM-5, 2013) |
To be published by American
Psychiatric Publishing (http://www.appi.org/Home),
a division of the American Psychiatric Association (APA) (www.psychiatry.org). From http://www.dsm5.org/Pages/Default.aspx: The final manual approved by the Board will
be submitted to the American Psychiatric Publishing for publication by
December 31, 2012. The 166th APA Annual Meeting in Cost is unknown. |
He-A 507.04(e) |
American Society of Addiction Medicine (ASAM) Patient
Placement Criteria for the Treatment of Substance-Related Disorders, Second
Edition-Revised (May 5, 2007) |
Available from the American Society of
Addiction Medicine (https://community.asam.org). American Society of Addiction Medicine, 4601 North Park
Avenue, Upper Arcade, Suite 101, Chevy Chase, MD 20815-4520. Phone: (301)
656-3920. Fax: (301) 656-3815. email@asam.org Softbound edition is $85.00 |
APPENDIX B
Rule Number |
State or Federal Authority |
He-A 501.01 –
501.02 |
RSA 265-A:39;
RSA 265-A:40 |
He-A 502.01 |
RSA 265-A:39;
RSA 265-A:40 |
He-A 503.01 –
503.06 |
RSA 265-A:40,
I |
He-A 504.01 –
504.10 |
RSA 265-A:40,
I |
He-A 505.01 |
RSA 265-A:39, I, III(d), III(g); RSA 265-A:40, IV,
VII(e), VII(g) |
He-A 505.02 |
RSA
265-A:40, IV |
He-A 505.03 |
RSA 265-A:39,
III(g); RSA 265-A:40, IV, VII(g) |
He-A 506.01
& 506.03 |
RSA 265-A:39;
RSA 265-A:40 |
He-A 506.02 |
RSA 265-A:40, IX |
He-A 507.01 |
RSA 265-A:40,
II |
He-A
507.01(b)(1)a. |
RSA 265-A:40,
III |
He-A 507.02 |
RSA 265-A:40,
II(a) |
He-A 507.03 |
RSA 265-A:40,
II(b) |
He-A
507.03(h)(2)e. |
RSA 265-A:40,
VIII |
He-A 507.04 |
RSA 265-A:40,
II(c) |
He-A 507.04(j) |
RSA 265-A:40,
VI |
He-A 507.05 |
RSA 265-A:40,
II(g) |
He-A 507.06 |
RSA 265-A:40,
II(d), II(e), II(f) |
He-A 507.07 |
RSA 265-A:40,
II(h), V |
He-A 507.08 |
RSA 265-A:40,
II(h); RSA 265-A:42, I |
He-A 507.09 |
RSA 265-A:40,
II |
He-A 508.01 –
508.03 |
RSA 265-A:39,
I |
He-A 508.04 –
508.06 |
RSA 265-A:39,
II |
He-A 508.07 |
RSA 265-A:42,
I |
He-A 509.01 –
509.06 |
RSA 265-A:39,
III(f) |
He-A 510.01 –
510.13 |
RSA 265-A:40,
I |