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 New Hampshire department of health and human services’ bureau of drug and alcohol services (BDAS).

 

          (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 New Hampshire department of health and human services (DHHS).

 

          (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 New Hampshire in accordance with RSA 330-C to serve as an alcohol and other drug counselor.

 

          (y)  “Master licensed alcohol and drug counselor (MLADC)” means a person licensed by the state of New Hampshire in accordance with RSA 330-C to serve as an alcohol and other drug counselor.

 

          (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

Concord, NH 03301

 

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 New Hampshire, in accordance with He-A 506.01:

 

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 New Hampshire shall make payment as follows:

 

(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 New Hampshire, in accordance with He-A 506.01, shall make payment as follows:

 

(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 New Hampshire”;

 

(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 New Hampshire who are active members of the U.S. military service and who are stationed or deployed outside New Hampshire may choose to complete impaired driver program components where they are stationed or deployed.

 

          (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 New Hampshire.

 

          (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 New Hampshire, on-line impaired driver education programs and on-line treatment programs shall not be acceptable for attendance and completion.

 

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 New Hampshire in accordance with these rules;

 

(2)  Complete all impaired driver program components in their state of residence; or

 

(3)  Complete various impaired driver program components in New Hampshire and in their state of residence, as follows:

 

a.  Intake, screening, evaluation, and care management components, including service planning and client contacts, shall be conducted in New Hampshire by an IDCMP;

 

b.  Treatment components shall be completed in their state of residence; and

 

c.  Education components shall be completed either in New Hampshire at an IDCMP or in their state of residence.

 

(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.  Superior or district court orders;

 

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 New Hampshire statutes and rules; and

 

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 New Hampshire statutes and rules; and

 

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

Concord, NH 03301

 

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., P.O. Box 44256, Phoenix, AZ 85064-4256. Telephone (602) 234-3506. Fax number (602) 266-8227. E-mail address bds@bdsltd.com. Web address http://www.bdsltd.com/.

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 San Francisco, May 18-22, 2013, will mark the official release of DSM-5.

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