N.H. Code Admin. R. Ann. He-A — Former Office of Alcohol & Drug Abuse Prevention

Chapter He-A 300 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs

Part He-A 301 Certification of Alcohol and Other Drug Abuse Disorder Treatment Providers

N.H. Code Admin. R. Ann. He-A 301.01 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-301.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 301.01}

– He-A 301.10

History

#7496, eff 5-23-01, EXPIRED: 5-23-09
#9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 301.11 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-301.11 omnilex-key=us-nh-regs-official--agency-he-a--He-A 301.11}

History

#7496, eff 5-23-01; amd by #7596, eff 11-20-01; ss by # 9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 301.12 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-301.12 omnilex-key=us-nh-regs-official--agency-he-a--He-A 301.12}

– He-A 301.21

History

#7496, eff 5-23-01, EXPIRED: 5-23-09
# 9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

Part He-A 302 Operational Requirements for All Alcohol and Other Drug Abuse Disorder Treatment Providers

N.H. Code Admin. R. Ann. He-A 302.01 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-302.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 302.01}

– He-A 302.02

History

#7496, eff 5-23-01, EXPIRED: 5-23-09
# 9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 302.03 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-302.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 302.03}

History

#7496, eff 5-23-01; ss by #7597, eff 11-20-01; ss by #9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 302.04 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-302.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 302.04}

History

#7496, eff 5-23-01; amd by #7597, eff 11-20-01; ss by #9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 302.05 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-302.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 302.05}

– He-A 302.07

History

#7496, eff 5-23-01, EXPIRED: 5-23-09
#9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 302.08 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-302.08 omnilex-key=us-nh-regs-official--agency-he-a--He-A 302.08}

– He-A 302.09

History

#7496, eff 5-23-01; amd by #7597, eff 11-20-01, ss by #9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 302.10 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-302.10 omnilex-key=us-nh-regs-official--agency-he-a--He-A 302.10}

History

#7496, eff 5-23-01, EXPIRED: 5-23-09
#9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 302.11 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-302.11 omnilex-key=us-nh-regs-official--agency-he-a--He-A 302.11}

History

#7496, eff 5-23-01; amd by #7597, eff 11-20-01, ss by #9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 302.12 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-302.12 omnilex-key=us-nh-regs-official--agency-he-a--He-A 302.12}

History

#7496, eff 5-23-01, EXPIRED: 5-23-09
#9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

Part He-A 303 Rights of Persons Receiving Treatment for Alcohol and Other Drug Abuse Disorders in the Community

N.H. Code Admin. R. Ann. He-A 303.01 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-303.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 303.01}

– He-A 303.03

History

#7496, eff 5-23-01, EXPIRED: 5-23-09
#9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 303.04 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-303.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 303.04}

History

#7496, eff 5-23-01; amd by #7598, eff 11-20-01, ss by #9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 303.05 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-303.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 303.05}

History

#7496, eff 5-23-01, EXPIRED: 5-23-09
#9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 303.06 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-303.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 303.06}

History

#7496, eff 5-23-01; amd by 7598, eff 11-20-01; ss by #9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

N.H. Code Admin. R. Ann. He-A 303.07 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-303.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 303.07}

– He-A 303.09

History

#7496, eff 5-23-01, EXPIRED: 5-23-09
#9497, INTERIM, eff 6-26-09, EXPIRED: 12-23-09

Part He-A 304 Certification and Operational Requirements for Opioid Treatment Programs

N.H. Code Admin. R. Ann. He-A 304.01 Purpose and Scope {#sec-he-a-304.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.01}

(a) The purpose of these rules is to describe the requirements necessary to be certified by the New Hampshire bureau of drug and alcohol services as an approved opioid treatment program.

(b) These rules shall not apply to licensed practitioners who prescribed buprenorphine to their patients in a setting other than an opioid treatment program certified under these rules.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09; ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.02 Definitions {#sec-he-a-304.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.02}

(a) “Buprenorphine” means a synthetic opiate with partial agonist actions used in the treatment of opioid use disorder.

(b) “Bureau” means the New Hampshire bureau of drug and alcohol services or successor program area within the department of health and human services.

(c) “Client” means a person who is enrolled in and receiving services from an opioid treatment program certified under these rules. This term does not include patients who are prescribed buprenorphine by a licensed practitioner practicing within a certified opioid treatment program.

(d) “Critical incident” means any actual or alleged event or situation that creates a significant risk of substantial or serious harm to physical or mental health, safety, or well being, including but not limited to:

(1) Abuse;

(2) Neglect;

(3) Exploitation;

(4) Rights violation;

(5) Missing person;

(6) Medical emergency;

(7) Restraint; or

(8) Medical error.

(e) “Heroin” means an illegal semi-synthetic drug produced from the morphine contained in sap of the opium poppy, and known to have the potential for devastating addictive properties in vulnerable individuals.

(f) “Licensed counselor” means a master licensed alcohol and drug counselor (MLADC), a licensed alcohol and drug counselor (LADC), or a licensed mental health professional who has demonstrated competency in the treatment of substance use disorders.

(g) “Licensed practitioner” means a medical professional legally practicing within their scope in the State of New Hampshire, is authorized to dispense synthetic opioids for the treatment of substance use disorders, and who is employed by or under contract with the opioid treatment program and practicing under the supervision of the program’s medical director.

(h) “Licensed supervisor” means an MLADC, a LADC who is also a licensed clinical supervisor (LCS), or a licensed mental health professional who has demonstrated competency in the treatment of substance use disorders.

(i) “Methadone” means a legal drug, methadone hydrochloride, which is a synthetic opioid that has been demonstrated to be an effective treatment agent for opioid use disorders.

(j) “Methadone/buprenorphine maintenance services” means treatment services which substitute methadone, or any of its derivatives, or buprenorphine, over time, to relieve withdrawal symptoms of opioid use disorder, to reduce craving, and to permit normal functioning and engagement in rehabilitative services.

(k) “Methadone/buprenorphine withdrawal management” means the dispensing of methadone, buprenorphine, or a similar substance in decreasing doses to a client in order to reduce or eliminate adverse physiological or psychological effects incident to the withdrawal from the sustained use of opioids.

(l) “Opioid treatment program (OTP)” means a substance use disorder program which dispenses methadone/buprenorphine for the purpose of opioid withdrawal management, maintenance, treatment, and rehabilitation services.

(m) “Opioids” means a group of morphine-like substances that are:

(1) One of the following:

a. Directly derived from the opium poppy, such as morphine and codeine;

b. Semi-synthetic substances partially derived from the opium poppy, such as heroin; or

c. Purely synthetic substances, such as hydromorphone and meperidine; and

(2) Active through specific receptors in the human body.

(n) “Plan of correction (POC)” means a plan developed and written by the certificate holder, which specifies the actions that will be taken to correct non-compliance with applicable rules or codes identified at the time of an inspection or during the course of a complaint investigation.

(o) “Sentinel event” means:

(1) An unanticipated death, not including homicide or suicide;

(2) Permanent loss of function, or risk thereof, not related to the natural course of an individual’s illness or underlying condition;

(3) The person is the victim or alleged perpetrator of a homicide;

(4) Suicide;

(5) Suicide attempt;

(6) Rape or any other sexual assault;

(7) Serious physical injury, or risk thereof to or by a client that jeopardizes a person’s health; or

(8) Serious psychological injury, or risk thereof, that jeopardizes a person’s health that is associated with the planning and delivery of care.

(p) “Split dose” means the division of the client’s daily dose of methadone or buprenorphine into 2 separate doses. This term also includes “split dosing.”

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09; ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.03 Application Submission {#sec-he-a-304.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.03}

(a) Each applicant for certification as an OTP shall submit the following to the department:

(1) A completed application form entitled “Application for Substance Use Disorder Program Certification” (January 2018 edition), signed by the applicant or, if not a sole proprietorship, 2 of the corporate officers and affirming the following:

“I swear or affirm that the information provided is accurate to the best of my knowledge and belief. I believe that my facility is in full compliance with RSA 172:8-6 and RSA 318:B and the rules promulgated there under. I understand that providing false information shall be grounds for denial, suspension, or revocation of certification.”

(2) If applicable, proof of authorization from the New Hampshire secretary of state to do business in the State of New Hampshire in the form of one of the following:

a. “Certificate of Authority,” if a corporation;

b. “Certificate of Formation,” if a limited liability corporation; or

c. “Certificate of Trade Name,” where applicable;

(3) Resumes identifying the qualifications of the administrator and medical director;

(4) Copies of applicable licenses for the administrator and medical director;

(5) Written local approvals as follows:

a. For an existing building, the following written local approvals shall be obtained no more than 90 days prior to submission of the application, from the following local officials or, if there is no such official(s), from the board of selectmen or mayor:

The health officer verifying that the applicant complies with all applicable local health requirements and drinking water and wastewater requirements;
The building official verifying that the applicant complies with all applicable state building codes and local building ordinances;
The zoning officer verifying that the applicant complies with all applicable local zoning ordinances; and
The fire chief verifying that the applicant complies with the state fire code, Saf-C 6000, as adopted by the commissioner of the department of safety under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control, and local fire ordinances applicable for the facility’s type of business; and

b. For a building under construction, the written approvals required by a. above shall be submitted at the time of the application based on the local official’s review of the building plans and upon completion of the construction project;

(6) A written disclosure from the applicant, certificate holder, and administrator(s), containing a list of any:

a. Convictions in this or any other state;

b. Permanent restraining or protective orders;

c. Findings by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect, or exploitation; and

d. An explanation of the circumstances surrounding disclosure of matters described in a. through c. above; and

(7) The results of a criminal records check from the NH department of safety for the applicant, certificate holder, and administrator.

(b) The applicant shall submit the documents in (a) above to:

Department of Health and Human Services

Bureau of Drug and Alcohol Services

105 Pleasant Street

Concord, NH 03301

Fax: 603-271-6105

Email: BDAS@dhhs.nh.gov

History

#7496, eff 5-23-01; amd by #7599, eff 11-20-01; ss by #9476, eff 5-22-09; ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.04 Processing of Initial Applications and Issuance of Certifications {#sec-he-a-304.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.04}

(a) An application for an initial certification shall be complete when the department determines that all items required by He-A 304.03(a) have been received.

(b) If an application does not contain all of the items required by He-A 304.03(a), the department shall notify the applicant in writing of the items required before the application can be processed.

(c) Unless a waiver has been granted, the department shall deny a certification application in accordance with He-A 304.10(b) after reviewing the information in He-A 304.03(a)(6)-(7) if, after review, it determines that the applicant, certificate holder, or administrator:

(1) Has been convicted of any felony in this or any other state;

(2) Has been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation in this or any other state;

(3) Has had a finding by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect, or exploitation of any person; or

(4) Otherwise poses a threat to the health, safety, or well-being of clients.

(d) All certifications issued in accordance with He-A 304 shall be non-transferable by person or location.

(e) Following an inspection, a certification shall be issued if the department determines that an applicant requesting an initial certification is in full compliance with He-A 304, including (f) below.

(f) To be certified under He-A 304, an applicant shall have:

(1) Either:

a. Both of the following:

A current certification as an OTP from the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA); and
A current accreditation as an OTP from a SAMHSA-approved OTP accrediting body; or

b. A provisional certification as an OTP from SAMHSA;

(2) A current registration with the U.S. Drug Enforcement Administration in accordance with 21 CFR 1301-1307; and

(3) A pharmacy in compliance with RSA 318:51-b and licensed in accordance with Ph 600 as a limited retail drug distributor as defined in RSA 318:1, VII-a.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09; ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.05 Certification Expirations and Procedures for Renewals {#sec-he-a-304.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.05}

(a) When an OTP is not currently certified under He-A 304, certification 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) Except as in (a) above, a certification 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.

(c) Each certificate holder shall complete and submit to the department an application pursuant to He-A 304.03(a)(1) at least 120 days prior to the expiration of the current certification.

(d) The certificate holder shall submit with the renewal application:

(1) A request for renewal of any existing non-permanent waivers previously granted by the department, in accordance with He-A 304.08, if applicable. If such a request is not received, the rule(s) for which the waiver was previously requested shall not continue to be waived beyond the expiration of the current certification;

(2) A copy of any non-permanent or new variances applied for and/or granted by the state fire marshal, in accordance with Saf-C 6005.03 - 6005.04, as adopted by the commissioner of the department of safety under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control; and

(3) A list of any current employees who have a permanent waiver granted in accordance with He-A 304.17(j)(2).

(e) Following an inspection, a certification shall be renewed if the department determines that the certificate holder:

(1) Submitted an application containing all the items required by (d) above, prior to the expiration of the current certification;

(2) If deficiencies were cited at the last certification inspection or investigation, has submitted a POC that has been accepted by the department and implemented by the certificate holder; and

(3) Is found to be in compliance with He-A 304 at the renewal inspection.

(f) Any certified OTP that does not submit a complete application for renewal prior to the expiration of an existing certification shall be required to submit an application for initial certification pursuant to He-A 304.03.

(g) Prior to issuing a certification, the department shall review any of the information submitted in accordance with He-A 304.03(a)(6)-(7) and deny a certification renewal in accordance with He-A 304.10(b).

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09; ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.06 Requirements for Organizational or Program Changes {#sec-he-a-304.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.06}

(a) The certificate holder shall provide the department with written notice at least 30 days prior to changes in any of the following:

(1) Ownership;

(2) Physical location; and

(3) Name of the place where services authorized by a certification are delivered.

(b) The certificate holder shall complete and submit a new application and obtain a new or revised certification prior to operating for:

(1) A change in ownership; or

(2) A change in the physical location.

(c) When there is a change in the name, the OTP shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable, and the effective date of the name change.

(d) An inspection by the department shall be conducted prior to operation for changes in the following:

(1) Ownership, unless an inspection was conducted within 90 days of the date of the change in ownership and a POC designed to address any areas of non-compliance was submitted and accepted by the department; and

(2) The physical location.

(e) Certifications issued for a change in ownership shall expire on the date the license issued to the previous owner would have expired.

(f) When there is a new administrator, the following shall apply:

(1) The certificate holder shall provide the department with immediate notice when an administrator position becomes vacant;

(2) The certificate holder shall notify the department in writing as soon as possible prior to a change in administrator, and immediately upon the lack of an administrator, and provide the department with the following:

a. A resume identifying the name and qualifications of the new administrator;

b. Copies of applicable licenses for the new administrator;

c. Results of a criminal records check from the NH department of safety; and

d. The written disclosure required by in He-A 304.03(a)(7);

(3) Upon review of the materials submitted in accordance with (2) above, the department shall make a determination as to whether the new administrator does not have a history of any of the criteria identified in He-A 304.04(c) and meets the qualifications of the position in He-A 304.17(a)-(b); and

(4) If the department determines that the new administrator does not meet the requirements in (3) above, it shall notify the OTP in writing so that a waiver can be sought or the OTP can search for a qualified candidate.

(g) If a certificate holder chooses to cease the operation of a certified OTP, the certificate holder shall submit written notification to the department at least 30 days in advance, including the following:

(1) A written closure plan that ensures adequate care of clients until they are transferred or discharged to an appropriate alternate setting; and

(2) A plan for the security and transfer of all client records required by He-A 304.18.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.07); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.07 Inspections {#sec-he-a-304.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.07}

(a) For the purpose of determining compliance with He-A 304, the applicant or certificate holder shall admit and allow any representative from the department at any time during regular business hours to inspect the following:

(1) The facility premises;

(2) All programs and services provided by the certificate holder; and

(3) Any records required by He-A 304.

(b) The department shall conduct inspections prior to, and during:

(1) Issuance of an initial certification;

(2) Renewal of a certification;

(3) A change of ownership;

(4) A change of physical location; and

(5) An investigation of submitted complaint.

(c) In addition to (b) above, an OTP shall be subject to inspection by the department to verify the implementation of any POC accepted or issued by the department.

(d) A notice of deficiencies shall be issued when, as a result of any inspection, the department determines that the certificate holder is in violation of any of the provisions of He-A 304.

(e) If the notice identifies deficiencies to be corrected, the applicant shall submit a POC in accordance with He-A 304.09 within 21 days of the date on the letter that transmits the notice of deficiencies.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.12); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18; ss by #13730, eff 8-24-23

N.H. Code Admin. R. Ann. He-A 304.08 Waivers {#sec-he-a-304.08 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.08}

(a) An applicant or certificate holder may request a waiver of a specific provision of He-A 304, in writing, from the department.

(b) A request for a waiver shall include:

(1) A specific reference to the rule for which a waiver is being sought;

(2) A full description of why a waiver is necessary; and

(3) A full explanation of alternatives proposed by the applicant or certificate holder, which shall be equally as protective of clients as the rule from which a waiver is sought or provide a reasonable explanation why the applicable rule should be waived.

(d) No provision or procedure prescribed by statue shall be waived.

(e) A request for a waiver shall be granted if the department determines that the alternative proposed by the requestor:

(1) Meets the objective or intent of the rule;

(2) Does not negatively impact the health, safety, or well-being of clients; and

(3) Does not negatively affect the quality of OTP services.

(f) The requestor’s subsequent compliance with the alternative provisions or procedures approved in the waiver shall be considered equivalent to complying with the rule for which the waiver was sought.

(g) Waivers shall not be transferable.

(h) When a certificate holder wishes to renew a non-permanent waiver beyond the approved period of time, the certificate holder shall apply for a new waiver with the renewal application or at least 60 days prior to the expiration of the existing waiver, as appropriate, by submitting the information required by (b) above.

(i) The request to renew a waiver shall be subject to (b) through (f) above.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.11); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18 (from He-A 304.19)

N.H. Code Admin. R. Ann. He-A 304.09 Administrative Remedies {#sec-he-a-304.09 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.09}

(a) The department shall impose administrative remedies for violations of He-A 304, including:

(1) Requiring a certificate holder to submit a POC; and

(2) Imposing a directed POC upon a certificate holder.

(b) When administrative remedies are imposed, the department shall provide a written notice, as applicable, which:

(1) Identifies each deficiency; and

(2) Identifies the specific remedy(s) that has been proposed.

(1) Upon receipt of a notice of deficiencies, the certificate holder shall submit a written POC for each item on the notice describing:

a. How the certificate holder 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;

c. The date by which each deficiency shall be corrected; and

d. The position of the employee responsible for the corrective action;

(2) The certificate holder shall submit a written POC to the department within 21 days of the date on the letter that transmitted the notice of deficiencies unless the certificate holder requests, either verbally or in writing, and the department agrees, to extend that deadline, based on the following criteria:

a. The certificate holder demonstrates that he or she has made a good faith effort to develop and submit the POC within the 21 calendar day period but has been unable to do so; and

b. The department determines that the health, safety, or well-being of clients will not be jeopardized as a result of granting the extension;

(3) The department shall review each POC and accept each plan that:

a. Achieves compliance with He-A 304;

b. Addresses all deficiencies as cited in the notice of deficiencies;

c. Prevents a new violation of He-A 304 as a result of implementation of the POC; and

d. Specifies the date upon which the deficiencies will be corrected;

(4) If the POC is acceptable, the department shall issue a certification or provide written notification of acceptance of the POC, whichever is applicable;

(5) If the POC is not acceptable:

a. The department shall notify the certificate holder in writing of the reason for rejecting the POC;

b. The certificate holder 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 unless, within the 14 day period, the certificate holder requests an extension, either verbally or in writing, and the department grants the extension, based on the following criteria:

The certificate holder demonstrates that he or she has made a good faith effort to develop and submit the POC within the 14 day period but has been unable to do so; and
The department determines that the health, safety, or well being of clients will not be jeopardized as a result of granting the extension;

c. The revised POC shall comply with (c)(1) above and be reviewed in accordance with (c)(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, unless the department has granted an extension, the certificate holder 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 certificate holder;

b. Conducting an on-site follow-up inspection; or

c. Reviewing compliance during the next renewal inspection;

(7) Verification of the implementation of any POC shall only occur after the date of completion specified by the certificate holder in the plan; and

(8) If the POC or revised POC has not been implemented by the completion date, at the time of the next inspection the certificate holder 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 certificate holder to implement when:

(1) As a result of an inspection or investigation, deficiencies were identified that require immediate corrective action to protect the health and safety of the clients or personnel;

(2) A revised POC is not submitted within 14 days of the written notification from the department or such other date as applicable if an extension was granted by the department; or

(3) A revised POC submitted by the certificate holder has not been accepted.

(e) If at the time of the next inspection the directed POC referenced 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 a certification; or

(2) Revoke the certification in accordance with He-A 304.10(b).

(f) The department shall offer an opportunity for informal dispute resolution to any applicant or certificate holder who disagrees with a deficiency cited by the department, provided that the applicant or certificate holder submits a written request for an informal dispute resolution to the department.

(g) The informal dispute resolution shall be requested in writing by the applicant, certificate holder, or administrator no later than 14 days from the date the notice of deficiencies was issued by the department.

(h) The department shall change the notice of deficiencies if, based on the evidence presented, the notice of deficiencies is determined to be incorrect. The department shall provide a written notice to the applicant or certificate holder of the determination.

(i) The deadline to submit a POC in accordance with (c)(2) above shall not apply until the notice of the determination in (h) above has been provided to the applicant or certificate holder.

(j) An informal dispute resolution shall not be available for any applicant or certificate holder against whom the department has initiated action to suspend, revoke, deny, or refuse to issue or renew a certification.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.08); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.10 Enforcement Actions and Hearings {#sec-he-a-304.10 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.10}

(a) Prior to taking enforcement action against an applicant or certificate holder, the department shall send to the applicant or certificate holder a written notice that sets forth:

(1) The reasons for the proposed action;

(2) The action to be taken by the department; and

(3) The right of an applicant or certificate holder to a hearing in accordance with RSA 541-A:30, III, or He-C 200, as applicable, before the enforcement action becomes final.

(b) The department shall deny an application or revoke a certification if:

(1) An applicant or a certificate holder violated He-A 304 in a manner which poses a risk of harm to a client’s health, safety, or well-being of a client;

(2) After being notified of and given an opportunity to supply missing information, the applicant or certificate holder fails to submit an application that meets the requirements of He-A 304.03(a);

(3) Unless a waiver has been granted, the department makes a determination that the applicant, administrator, or certificate holder has been found guilty of or plead guilty to a felony assault, fraud, theft, abuse, neglect, or exploitation of any person, in this or any other state, or had an investigation for abuse, neglect, or exploitation adjudicated and founded by the department or any administrative agency in this or any other state;

(4) An applicant, certificate holder, or any representative or employee of the applicant or certificate holder:

a. Provides false or misleading information to the department;

b. Prevents, interferes, or fails to cooperate with any inspection or investigation conducted by the department; or

c. Fails to provide requested files or documents to the department;

(5) The certificate holder has submitted a POC that has not been accepted by the department in accordance with He-A 304.09(c)(3) and has not submitted a revised POC as required by He-A 304.09(c)(5);

(6) The certificate holder failed to fully implement or continue to implement a POC that has been accepted or directed by the department in accordance with He-A 304.09(c)(3) or (d);

(7) The certificate holder is cited a third time under He-A 304 for the same violation within the last 5 years or 3 inspections;

(8) A certificate holder, or its corporate officers, has had a certification revoked and submits an application during the 5-year prohibition period specified in (h) below;

(9) The applicant or certificate holder fails to employ a qualified administrator;

(10) The certificate holder fails to pay the certification and administration fee required by He-A 304.11; or

(11) An applicant or certificate holder had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee in the form of money order or certified check.

(c) An applicant or certificate holder 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 action of the department shall become final.

(e) The department shall order the immediate suspension of a certification, the cessation of services, and the transfer of care of clients when it finds that the health, safety, or well-being of clients is in jeopardy and requires emergency action in accordance with RSA 541-A:30, III.

(f) If an immediate suspension is upheld, the certificate holder shall not resume operating until the department determines through inspection that compliance with He-A 304 is achieved.

(g) Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.

(h) When a certification has been denied or revoked, the applicant, certificate holder, or administrator shall not be eligible to re-apply for a certification or be employed as an administrator for 5 years if the denial or revocation specifically pertained to his or her role in the OTP.

(i) The 5 year period referenced in (h) above shall begin on:

(1) The date that the department’s decision to revoke or deny the certification became effective, if no appeal is filed; or

(2) The date a final decision upholding the action of the department is issued, if a request for a hearing was made and a hearing was held.

(j) Notwithstanding (h) above, the department shall consider an application submitted after the decision to revoke or deny becomes final if the applicant demonstrates that circumstances have changed to the extent that the department now has good cause to believe that the applicant has the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of He-A 304.

(k) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 541-A or He-A 304.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.09); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.11 Certification and Administration Fee {#sec-he-a-304.11 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.11}

(a) In accordance with RSA 318-B:10, VII(f):

(1) Providers of an OTP which had clients in the previous calendar year shall submit to the department a certification and administration fee of $8 per client served in the previous calendar year; and

(2) Providers of an OTP which had no clients in the previous calendar year shall submit to the department a certification and administration fee of $1000.

(b) The fee in (a) above shall be paid to the department no later than February 15th of each year.

(1) The number of unique clients who were enrolled and received treatment in that year, regardless of how long the treatment lasted or the effectiveness of the treatment;

(2) A client who has been enrolled and has received treatment more than once in a calendar year shall be counted as a single client for that year;

(3) A client who is enrolled and is receiving treatment across a calendar year, as part of a single admission shall be counted in each year; and

(4) A client who is admitted only for guest dosing in the year shall not be included in this count.

(d) Documentation of the number of clients served as described in (c) above shall be submitted with the payment.

(e) If a provider of more than one OTP submits a single payment for all of its OTPs, the documentation in (d) above shall indicate the client census described in (c) above by OTP location.

(f) The certification and administration fee shall be paid by check or money order, in the exact amount of the fee, made payable to “Treasurer, State of New Hampshire.”

(g) 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.

History

#7496, eff 5-23-01; amd by #7599, eff 11-20-01; ss by #9476, eff 5-22-09 (from He-A 304.13); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.12 Duties and Responsibilities of All Certified OTPs {#sec-he-a-304.12 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.12}

(a) The certificate holder shall comply with all federal, state, and local laws, rules, codes, ordinances, licenses, permits, and approvals, and any rules promulgated thereunder, as applicable.

(b) The certificate holder shall define, in writing, the scope and type of services to be provided by the OTP.

(c) The certificate holder shall monitor, assess, and improve, as necessary, the quality of care and services provided to clients on an ongoing basis.

(d) The certificate holder shall develop and implement written policies and procedures governing its operation and all services provided. Such policies shall be submitted to the bureau upon request.

(e) If an existing policy fails to support the health, safety, and well-being of clients, staff, and the public, the OTP shall be required to submit a POC in accordance with He-A 304.09.

(f) All policies and procedures shall be reviewed annually and revised as needed.

(g) All staff shall receive a minimum of 8 hours annually of in-service training on OTP policies and procedures.

(h) The certificate holder shall:

(1) Employ an administrator responsible for the day-to-day operation of the OTP; and

(2) Establish, in writing, a chain of command that sets forth the line of authority for the operation of the OTP and the staff position(s) to be delegated the authority and responsibility to act on the administrator’s behalf when the administrator is absent.

(i) The certificate holder shall post the following documents in a public area:

(1) The current certification issued in accordance with these rules;

(2) A copy of the certificate holder’s policies and procedures relative to the implementation of client rights and responsibilities, including client confidentiality per 42 CFR Part 2; and

(3) The certificate holder’s plan for fire safety, evacuation, and emergencies identifying the location of, and access to, all fire exits.

(j) The certificate holder or any employee shall not falsify any documentation or provide false or misleading information to the department.

(k) The certificate holder shall comply with all conditions of warnings, administrative remedies, and enforcement actions issued by the department, and all court orders.

(l) The certificate holder shall admit and allow any department representative to inspect the certified premises and all programs and services that are being provided at any time during regular business hours for the purpose of determining compliance with these rules.

(m) Certificate holders shall:

(1) Report all critical incidents to the bureau in writing as soon as possible and no more than 24 hours following the incident;

(2) Report all contact with law enforcement to the bureau in writing as soon as possible and no more than 24 hours following the incident;

(3) Report all media contacts to the bureau in writing as soon as possible and no more than 24 hours following the incident;

(4) Report all sentinel events to the department as follows:

a. Sentinel events shall be reported when they involve any individual who is receiving services governed by this rule;

b. Upon discovering the event, the OTP shall provide immediate verbal notification of the event to the bureau, which shall include:

The reporting individual’s name, phone number, and agency/organization;
Name and date of birth (DOB) of the individual(s) involved in the event;
Location, date, and time of the event;
Description of the event, including what, when, where, how the event happened, and other relevant information, as well as the identification of any other individuals involved;
Whether the police were involved due to a crime or suspected crime; and
The identification of any media that had reported the event;

c. Within 72 hours of the sentinel event, the OTP shall submit a completed “Sentinel Event Reporting Form” (February 2017), available at https://www.dhhs.nh.gov/dcbcs/documents/reporting-form.pdf to the bureau;

d. Additional information on the event that is discovered after filing the form in c. above shall be reported to the bureau, in writing, as it becomes available or upon request of the bureau; and

e. Reporting in c. and d. above shall be completed through the E-Studio web application, available at https://nh.same-page.com;

(5) Submit additional information regarding (1) – (4) above if required by the department; and

(6) Report the event in (1) – (4) above, as applicable, to other agencies as required by law.

(n) The certificate holder shall implement policies and procedures for reporting:

(1) Suspected child abuse, neglect, or exploitation, in accordance with RSA 169-C:29-30; and

(2) Suspected abuse, neglect, or exploitation of adults, in accordance with RSA 149-F:49.

(o) The certificate holder shall report all positive tuberculosis test results for personnel to the department’s bureau of disease control in accordance with RSA 141-C:7, He-P 301.02 and He-P 301.03.

(p) Certificate holders shall develop policies and procedures to implement state and federal regulations on client confidentiality, including provisions outlined in 42 CFR, Part 2, RSA 172:8-a, and RSA 318-B:12.

(q) A certificate holder shall, upon request, provide a client or the client’s guardian or agent, if any, with a copy of his or her client record.

(r) All records required for certification shall be legible, current, accurate, and available to the department during an inspection or investigation conducted in accordance with these rules.

(s) Any certificate holder that maintains electronic records shall develop written policies and procedures designed to protect the privacy of clients and personnel that are consistent with all state and federal regulations and, at a minimum, include:

(1) Procedures for backing up files to prevent loss of data;

(2) Safeguards for maintaining the confidentiality of information pertaining to clients and staff; and

(3) Systems to prevent tampering with information pertaining to clients and staff.

(t) The certificate holder’s service site(s) shall:

(1) Be accessible to a person with a disability using ADA accessibility and barrier free guidelines per 42 U.S.C. 12131 et seq;

(2) Have a reception area separate from service areas;

(3) Have private space for personal consultation, charting, service delivery, and social activities, as applicable;

(4) Have secure storage of active and closed confidential client records; and

(5) Have separate and secure storage of toxic substances.

(u) The certificate holder shall establish and monitor a code of ethics for the OTP and its staff, as well as a mechanism for reporting unethical conduct to the department, appropriate licensing boards, and any other oversight entities.

(v) The certificate holder shall maintain specific written policies on the following:

(1) Client rights and responsibilities;

(2) Grievance policies and procedures for staff and clients including:

a. Specific time frames for written responses to the client’s written request for consideration or reconsideration of a OTP decision;

b. Process for escalating unresolved grievances within the OTP; and

c. Information about making complaints to the department;

(3) Progressive discipline, leading to administrative discharge, including behaviors that may lead to progressive discipline and/or administrative discharge;

(4) Policies on client alcohol and other drug use while receiving OTP services;

(5) Policies to create a tobacco-free environment, which, at a minimum, shall:

a. Include the smoking of any tobacco product, the use of oral tobacco products or “spit” tobacco, and the use of electronic devices for smoking or vaping;

b. Apply to employees, clients, and visitors;

c. Prohibit the use of tobacco products within the OTP’s facilities at any time;

d. Include whether or not use of tobacco products is prohibited outside of the facility on the grounds and if use of tobacco products is allowed outside of the facility on the grounds:

There shall be a designated smoking area(s) which is located at least 20 feet from the main entrance;
All materials used for smoking in this area, including cigarette butts and matches, shall be extinguished and disposed of in appropriate containers; and
OTPs shall ensure periodic cleanup of the designated smoking area;

e. Prohibit the use of tobacco in any OTP owned vehicle;

f. Prohibit tobacco use in personal vehicles when transporting clients or staff on authorized business;

h. Post the tobacco free environment policy in the OTP’s facilities and vehicles; and

i. Provide the policy to employees, clients, and visitors at orientation, as applicable;

(6) Drug-free workplace policy and procedures, including a requirement for the filing of written reports of actions taken in the event of staff misuse of alcohol or other drugs;

(7) Client and staff exposure to synthetic opioids, including but not limited to fentanyl and carfentanyl;

(8) Procedures for the prevention, detection, and resolution of controlled substance misuse and diversion, which shall:

a. Apply to all personnel;

b. Be the responsibility of a designated employee or interdisciplinary team; and

c. Include the following:

Education;
Procedures for monitoring the distribution and storage of controlled substances;
Voluntary self-referral by employees who are misusing substances;
Co-worker reporting procedures;
Drug testing procedures to include at a minimum, testing where reasonable suspicion exists;
Employee assistance procedures;
Confidentiality;
Investigation, reporting, and resolution of controlled drug misuse or diversion; and
The consequences for violation of the controlled substance misuse and diversion prevention policy;

(9) A client medication policy;

(10) Urine specimen collection, as applicable, that:

a. Ensures that collection is conducted in a manner that preserves client privacy as much as possible; and

b. Minimizes falsification;

(11) Safety and emergency procedures on the following:

a. Medical emergencies;

b. Infection control and universal precautions, including the use of protective clothing and devices;

c. Reporting employee injuries;

d. Fire monitoring, warning, evacuation, and safety drill policy and procedures;

e. Emergency closings; and

f. Posting of the above safety and emergency procedures;

(12) Procedures for protection of client records that govern use of records, storage, removal, conditions for release of information, and compliance with the 42 CFR, Part 2 and the Health Insurance Portability and Accountability Act (HIPAA); and

(13) Procedures related to quality assurance and quality improvement.

(w) The OTP shall ensure that all staff having direct contact with clients have been trained in the administration of naloxone and that naloxone kits are readily available for staff use at all times.

(x) The OTP shall ensure that all staff have annual in-service training in the content and implementation of He-A 304.

History

#7496, eff 5-23-01; amd by #7599, eff 11-20-01; ss by #9476, eff 5-22-09 (from He-A 304.10); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.13 Hours of Operation {#sec-he-a-304.13 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.13}

(a) An OTP shall be open 7 days a week except for state and federal holidays and for emergency closures.

(b) Dispensing hours shall be flexible enough to permit a client who is working or attending school to receive his or her methadone/buprenorphine without jeopardizing such work or school.

(c) OTPs shall make reasonable accommodations for clients who are unable to utilize standard dispensing hours in (b) above due to work or school, including but not limited to allowing the client to dose outside of standard dispensing hours, but within the OTP’s normal business hours.

(d) An OTP shall maintain hours of operation that:

(1) Include day, evening, or both, and weekend hours to accommodate client need;

(2) Permit clients to receive medication individually and within 15 minutes of their scheduled dosing appointments; and

(3) Are posted at the facility and otherwise made available to clients.

(e) An OTP shall provide clients with written notice at least 15 days prior to any change of standard hours of operation.

(f) Pursuant to 42 CFR 8.12, clients shall be permitted to receive a take home dose for a day that the OTP is closed for business due to a state or federal holiday or an emergency closure.

(g) An OTP shall establish and implement written procedures for emergency closures and holiday closures. Such procedures shall have been filed with the bureau.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09; ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18 (from He-A 304.16)

N.H. Code Admin. R. Ann. He-A 304.14 Community Concerns {#sec-he-a-304.14 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.14}

(a) An OTP shall have and implement policies and procedures that are designed to reduce the risk of its clients causing disruption to the community such as by loitering near the OTP facility premises or acting in a manner that might constitute disorderly conduct or harassment.

(b) Clients who repeatedly cause disruption to the community or to the OTP shall be evaluated for possible administrative discharge from the OTP pursuant to the OTP’s policies.

(c) Each OTP shall have a specific plan describing its efforts to avoid disruption of the community and actions it will take to respond to community concerns.

(d) If the OTP’s plan in (c) above fails to prevent such disruption, the OTP shall provide the bureau with a written POC in accordance with He-A 304.09.

(e) The OTP shall take steps to prevent clients from operating a motor vehicle while under the influence of intoxicating liquor or any controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive, including but not limited to:

(1) Developing, maintaining, and implementing a policy regarding identifying signs of impairment;

(2) Assessing the client for impairment from alcohol and/or illicit or prescribed medications at the time of dosing;

(3) For those clients that are suspected to be impaired, requiring the client to take an instant oral fluid or urine drug screen prior to dosing;

(4) For those clients whose drug screen in (3) above is negative:

a. Requiring the client to wait 2 hours and take a second instant oral fluid or urine drug screen; or

b. If a medical professional identifies that impairment is the result of an underlying medical condition that requires immediate medical intervention, providing or procuring such intervention prior to the second screening in a. above;

(5) If the drug screen in (3) or the second drug screen in (4) above is positive, the client shall only be provided with a dose that day as follows:

a. A licensed practitioner determines that it is medically safe for the client to be given a dose; and

b. Staff can confirm that the client will be transported by a person who is not impaired;

(6) If a client appears to be impaired, taking reasonable steps to prevent the client from operating a motor vehicle while impaired; and

(7) If unable to prevent the client from operating a motor vehicle while impaired, contacting law enforcement to report that the client may be operating a motor vehicle while impaired to the extent allowable under 42 CFR Part 2.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09; ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18 (from He-A 304.17)

N.H. Code Admin. R. Ann. He-A 304.15 Client Fee Schedule {#sec-he-a-304.15 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.15}

(a) The certificate holder shall maintain a current fee schedule for each program, which shall be clearly posted in a public area and a copy shall be available upon request.

(b) The certificate holder shall maintain procedures regarding collection of fees from clients, private or public insurance, and other payers responsible for the client’s finances.

(c) At the time of screening and admission the certificate holder shall provide the client, and the client’s guardian, agent, or personal representative, if any, with a listing of all charges and identify what care and services are included in the charge.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.14); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.16 Clinical Services {#sec-he-a-304.16 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.16}

(a) Each OTP shall have and adhere to a clinical care manual which includes policies and procedures related to all clinical services provided.

(b) All clinical services provided shall:

(1) Focus on the client’s strengths;

(2) Be culturally competent with regard to the clients being served;

(3) Be client and family centered;

(4) Be evidence based, as demonstrated by meeting one of the following criteria:

a. The service shall be included as an evidence-based mental health and substance use disorder intervention on the SAMHSA National Registry of Evidence-Based Programs and Practices (NREPP), http://www.nrepp.samhsa.gov/ViewAll.aspx;

b. The services shall be published in a peer-reviewed journal and found to have positive effects; or

c. The OTP shall be able to document the services’ effectiveness based on the following:

The service is based on a theoretical perspective that has validated research; or
The service is supported by a documented body of knowledge generated from similar or related services that indicate effectiveness;

(5) Be trauma informed, which means designed to acknowledge the impact of violence and trauma on people’s lives and the importance of addressing trauma in services; and

(6) Be delivered in accordance with:

a. The American Society of Addiction Medicine (ASAM) Criteria: Treatment Criteria for Substance-Related, Addictive, and Co-Occurring Conditions, Third Edition (2013), henceforth referred to as “ASAM Criteria (2013)” available as noted in Appendix A; and

b. The Treatment Improvement Protocols (TIPS) and Technical Assistance Publications (TAPS) published by SAMHSA and available at https://store.samhsa.gov/list/series?name=TIP-Series-Treatment-Improvement-Protocols-TIPS-&pageNumber=1 and https://store.samhsa.gov/list/series?name=Technical-Assistance-Publications-TAPs-&pageNumber=1, respectively, and as noted in Appendix A:

“TAP 19: Relapse Prevention with Chemically Dependent Criminal Offenders, Counselor's Manual” (1/2006 edition);
“TAP 21-A: Competencies for Substance Abuse Treatment Clinical Supervisors” (1/2013 edition);
“TAP 21: Addiction Counseling Competencies: The Knowledge, Skills, and Attitudes of Professional Practice” (11/2015 edition);
“TAP 34: Disaster Planning Handbook for Behavioral Health Treatment Programs” (5/2012 edition);
“TIP 51: Substance Abuse Treatment: Addressing the Specific Needs of Women” (11/2015 edition);
“TIP 55: Behavioral Health Services for People Who Are Homeless” (11/2015 edition);
“TIP 59: Improving Cultural Competence” (11/2015 edition);
“TIP 60: Using Technology-Based Therapeutic Tools in Behavioral Health Services” (11/2015 edition);
“TIP 41: Substance Abuse Treatment: Group Therapy” (10/2015 edition);
“TIP 45: Detoxification and Substance Abuse Treatment” (10/2015 edition);
“TIP 27: Comprehensive Case Management for Substance Abuse Treatment” (10/2015 edition);
“TIP 39: Substance Abuse Treatment and Family Therapy” (10/2015 edition);
“TIP 50: Addressing Suicidal Thoughts and Behaviors in Substance Abuse Treatment” (10/2015 edition);
“TIP 52: Clinical Supervision and Professional Development of the Substance Abuse Counselor” (9/2014 edition);
“TIP 56: Addressing the Specific Behavioral Health Needs of Men” (5/2014 edition);
“TIP 57: Trauma-Informed Care in Behavioral Health Services” (3/2014 edition);
“TIP 58: Addressing Fetal Alcohol Spectrum Disorders (FASD)” (12/2013 edition);
“TIP 44: Substance Abuse Treatment for Adults in the Criminal Justice System” (9/2013 edition);
“TIP 42: Substance Abuse Treatment for Persons With Co-Occurring Disorders” (7/2013 edition);
“TIP 35: Enhancing Motivation for Change in Substance Abuse Treatment” (1/2013 edition);
“TIP 48: Managing Depressive Symptoms in Substance Abuse Clients During Early Recovery” (1/2013 edition);
“TIP 46: Substance Abuse: Administrative Issues in Outpatient Treatment” (12/2012 edition);
“TIP 34: Brief Interventions and Brief Therapies for Substance Abuse” (9/2012 edition);
“TIP 36: Substance Abuse Treatment for Persons with Child Abuse and Neglect Issues” (7/2012 edition);
“TIP 29: Substance Use Disorder Treatment for People With Physical and Cognitive Disabilities” (7/2012 edition);
“TIP 37: Substance Abuse Treatment for Persons With HIV/AIDS” (7/2012 edition);
“TIP 32: Treatment of Adolescents With Substance Use Disorders” (4/2012 edition);
“TIP 54: Managing Chronic Pain in Adults With or in Recovery From Substance Use Disorders” (1/2012 edition);
“TIP 53: Addressing Viral Hepatitis in People With Substance Use Disorders” (12/2011 edition); and
“TIP 21: Combining Alcohol and Other Drug Abuse Treatment With Diversion for Juveniles in the Justice System” (4/2008 edition).

(1) Screening and evaluation services;

(2) Treatment services;

(3) Recovery support services;

(4) Transfer and discharge services; and

(5) Client record services.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.15); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.17 Personnel Requirements {#sec-he-a-304.17 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.17}

(a) The OTP shall employ an administrator responsible for the day to day operations of the OTP.

(b) Administrators appointed after the 2018 effective date of these rules shall be at least 21 years of age and have a minimum of one of the following combinations of education and experience:

(1) A bachelor’s degree from an accredited institution and one year of relevant experience working in a substance use disorders treatment related field;

(2) An associate’s degree from an accredited institution plus 3 years of relevant experience working in a substance use disorders treatment related field; or

(3) A New Hampshire license as an RN, MLADC, LADC, or other licensed behavioral health practitioner, with at least one year of relevant experience working in a substance use disorders treatment related field.

(d) The OTP shall meet the minimum staffing requirements:

(1) At least one:

a. Masters licensed alcohol and drug counselor (MLADC); or

b. Licensed alcohol and drug counselor (LADC) who also holds the licensed clinical supervisor (LCS) credential;

(2) Sufficient staffing levels that are appropriate for the services provided and the number of clients served;

(3) All unlicensed staff providing treatment, education, and/or recovery support services shall be under the direct supervision of a licensed supervisor;

(4) No licensed supervisor shall supervise more than 8 unlicensed staff;

(5) Unlicensed staff shall receive at least one hour of supervision for every 20 hours of direct client contact;

(6) Supervision shall be provided on an individual or group basis, or both, depending upon the employee’s need, experience, and skill level;

(7) Supervision shall include following techniques:

a. Review of case records;

b. Observation of interactions with clients;

c. Skill development; and

d. Review of case management activities; and

(8) Supervisors shall maintain a log of the supervision date, duration, content, and who was supervised by whom.

(e) Individuals licensed or certified by the NH board of licensing for alcohol and other drug use professionals or any other NH licensing board shall receive supervision in accordance with the requirements set forth for the license(s) held by the individual.

(f) The certificate holder shall develop a current job description for all staff, including contracted staff, volunteers, and student interns, which includes:

(1) Job title;

(2) Physical requirements of the position;

(3) Education and experience requirements of the position;

(4) Duties of the position;

(5) Positions supervised; and

(6) Title of immediate supervisor.

(g) For all applicants for employment, for all contractors, for all volunteers, and for all student interns, the certificate holder shall:

(1) Require those individuals listed in (d) above to sign a release to allow the OTP to obtain his or her criminal record;

(2) Obtain and review a criminal records check from the New Hampshire department of safety, except, pursuant to RSA 151:2-d, VI, for those licensed by the New Hampshire board of nursing;

(3) Review the results of the criminal records check in (2) above in accordance with (h) below; and

(4) Verify the qualifications of all applicants prior to employment.

(h) Unless a waiver is granted in accordance with (j)(2) below, the certificate holder shall not offer employment, contract with, or engage a person in (g) above, if the person:

(1) Has been convicted of a felony in this or any other state;

(2) Has been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation in this or any other state;

(3) Has had a finding by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect, or exploitation of any person; or

(4) Otherwise poses a threat to the health, safety, or well-being of clients.

(i) If the information identified in (h) above regarding any person in (g) above is learned after the person is hired, contracted with, or engaged, the certificate holder shall immediately notify the department and either:

(1) Cease employing, contracting with, or engaging the person; or

(2) Request a waiver of (h) above.

(j) If a waiver of (h) above is requested, the department shall review the information and the underlying circumstances in (h) above and shall either:

(1) Notify the certificate holder that the person cannot or can no longer be employed, contracted with, or engaged by the certificate holder if, after investigation, it determines that the person poses a threat to the health, safety, or well-being of a client; or

(2) Grant a waiver of (h) above if, after investigation, it determines that the person does not pose a current threat to the health, safety, or well-being of a client.

(k) The certificate holder shall check the names of the persons in (g) above against the bureau of elderly and adult services (BEAS) state registry, maintained pursuant to RSA 161-F:49 and He-W 720, prior to employing, contracting with, or engaging them.

(l) The certificate holder shall not employ, contract with, or engage, any person in (g) above who is listed on the BEAS state registry unless a waiver is granted by BEAS.

(m) In lieu of (g) and (k) above, the licensee may accept from independent agencies contracted by the certificate holder a signed statement that the agency’s employees have complied with (g) and (k) above and do not meet the criteria in (h) and (l) above.

(n) All staff, including contracted staff, volunteers, and student interns, shall:

(1) Meet the educational, experiential, and physical qualifications of the position as listed in their job description;

(2) Be licensed, registered, or certified as required by state statute and as applicable;

(3) Receive an orientation within the first 3 days of work or prior to direct contact with clients and annually thereafter, which includes:

a. The OTP’s code of ethics, including ethical conduct and the reporting of unprofessional conduct;

b. The OTP’s policies on client rights and responsibilities and complaint procedures;

c. Confidentiality requirements as required by He-A 304.12(p);

d. Grievance procedures for both clients and staff as required in He-A 304.12(v)(2);

e. The duties and responsibilities and the policies, procedures, and guidelines of the position they were hired for;

f. Topics covered by both the administrative and personnel manuals;

g. The OTP’s infection prevention program;

h. The OTP’s fire, evacuation, and other emergency plans which outline the responsibilities of personnel in an emergency; and

i. Mandatory reporting requirements for abuse or neglect such as those found in RSA 161-F and RSA 169-C:29; and

(4) Sign and date documentation that they have taken part in an orientation as described in (3) above;

(o) Prior to having contact with clients, employees, contractors, volunteers, and student interns shall:

(1) Submit to the certificate holder proof of a physical examination or a health screening conducted not more than 12 months prior to employment which shall include at a minimum the following:

a. The name of the examinee;

b. The date of the examination;

c. Whether or not the examinee has a contagious illness or any other illness that would affect the examinee’s ability to perform their job duties;

d. Results of a 2-step tuberculosis (TB) test, Mantoux method, or other method approved by the Centers for Disease Control (CDC); and

e. The dated signature of the licensed health practitioner;

(2) Be allowed to work while waiting for the results of the second step of the TB test when the results of the first step are negative for TB; and

(3) Comply with the requirements of the Centers for Disease Control and Prevention “Guidelines for Preventing the Transmission of M. tuberculosis in Health-Care Settings” (2005 edition), available as noted in Appendix A, if the person has either a positive TB test, or has had direct contact or potential for occupational exposure to M. tuberculosis through shared air space with persons with infectious tuberculosis.

(p) Employees, contractors, volunteers, and student interns who have direct contact with clients who have a history of TB or a positive skin test shall have a symptomatology screen of a TB test.

(q) The certificate holder shall maintain and store in a secure and confidential manner, a current personnel file for each employee, contractor, volunteer, and student intern.

(r) A personnel file shall include, at a minimum, the following:

(1) A completed application for employment or a resume, including:

a. Identification data; and

b. The education and work experience of the employee;

(2) A copy of the current job description or agreement, signed by the individual, that identifies the:

a. Position title;

b. Qualifications and experience; and

c. Duties required by the position;

(3) Written verification that the person meets the OTP’s qualifications for the assigned job description, such as school transcripts, certifications, and licenses as applicable;

(4) A signed and dated record of the orientation required by (n)(3) above;

(5) A copy of each current New Hampshire license, registration, or certification, including CPR certification, as applicable;

(6) Records of screening for communicable diseases results required in (o) above;

(7) Written performance appraisals for each year of employment or engagement including a description of any corrective actions, supervision, or training determined by the person’s supervisor to be necessary;

(8) Documentation of annual in-service education required in He-A 304.12(x);

(9) Information as to the general content and length of all continuing education or educational programs attended;

(10) A signed statement acknowledging the receipt of the OTP’s policy setting forth the client’s rights and responsibilities, including confidentiality requirements, and acknowledging training and implementation of the policy;

(11) A statement, which shall be signed at the time the initial offer of employment is made and then annually thereafter, stating that he or she:

a. Does not have a felony conviction in this or any other state;

b. Has not been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation or pose a threat to the health, safety, or well-being of a client; and

c. Has not had a finding by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect, or exploitation of any person;

(12) Documentation of the criminal records check and any waivers per (g) and (j) above; and

(13) The results of a check of the BEAS state registry per (k) above.

(s) An individual need not re-disclose any of the matters in (r)(11) above if the documentation is available and the department has previously reviewed the material and determined that the individual can continue employment, contract, or engagement.

(t) All OTPs using the services of independent contractors as personnel shall ensure that each personnel file includes a written agreement that describes the services that will be provided.

History

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.16); ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.18 Client Record System {#sec-he-a-304.18 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.18}

(a) Each OTP shall have policies and procedures to implement a comprehensive client record system that complies with this section.

(b) In addition to (a) above, the OTP shall enter client information into the client record system no later than 3 days for any of the following client interactions or changes made via in-person or telemedicine:

(1) Initial intake transaction, including and as applicable:

a. Client name(s);

b. Address;

c. Telephone number(s);

d. Sex assigned at birth;

e. Gender identity;

f. Sexual orientation, if provided by the client;

g. Date of birth;

h. Last 4 digits of the client’s social security number;

i. Ethnicity, if provided by the client;

j. Race, if provided by the client;

k. Special accommodations, if any;

l. Preferred language;

m. Veteran status;

n. Family member veteran status;

o. Name and contact information of all client’s health insurance(s);

p. Name, address, and telephone number of the person to contact in the event of an emergency;

q. If either have been appointed for the client, the name, address, and telephone number of the client’s guardian or representative payee;

r. Name, address, and telephone number of the client’s primary care provider;

s. Name, address, and telephone number of the client’s behavioral health provider;

t. Intake facility;

u. Intake date;

v. Intake staff;

w. Method of initial contact;

x. Referral source, including contact information;

y. Case status; and

z. Initial contact date;

(2) Admission, including and as applicable:

a. Admission type;

b. Admission staff;

c. Admission date;

d. Presenting problem;

e. Codependent status;

f. Client’s physical health history;

g. Client’s behavioral health history;

h. Treatment history;

i. Emergency department utilization;

j. Presence of a co-occurring mental health disorder;

k. Education level;

l. Community based support group utilization;

m. Employment status;

n. Income;

o. Living situation;

p. Marital status;

q. Number of dependents;

r. History of injection drug use;

s. Substance use information;

t. Current medications;

u. Arrest history, if provided by the client;

v. Diagnostic information;

w. Planned opiate replacement therapy;

x. Information on court mandated treatment; and

y. Service domain;

(3) Treatment and continuity of care:

a. A record of all client screenings, including, and as applicable:

HIV testing;
HCV testing;
Pregnancy screening;
Primary, secondary, and tertiary substance, severity frequency and method;
Age of first use of substances;
Past 14 day administration of Naloxone;
Involvement with the criminal justice or child welfare protective systems;
The date of initial contact from the client or referring provider;
The date of screening; and
The result of the screening, including the reason for denial of services; and

b. Components of all treatment records, including but not limited to:

Signed receipt of notification of client rights;
Client’s name;
Client’s unique identification number;
Release of information form, which is compliant with 42 CFR, Part 2;
Signed informed consent to treatment, including but not limited to an explanation of the department’s access to client records;
Documentation of all elements of the initial screening and evaluation required by He-A 304.21;
The individual treatment plan, as required by He-A 304.23(e)-(g), updated at designated intervals in accordance with He-A 304.23(h)-(i);
Documentation that is consistent with SAMHSA’s “TAP 21: Addiction Counseling Competencies” (2015 edition), available as noted in Appendix A, of all client services, including, but not limited to:

(i) Record of all doses provided to the client; and

(ii) Progress notes detailing all services required in:

i. He-A 304.15(c);

ii. He-A 304.22(a)-(b);

iii. He-A 304.23(c)-(d), (j), and (r);

iv. He-A 304.24;

v. He-A 304.25(b); and

vi. He-A 304.27(a);

Any correspondence pertinent to the client; and
Any other information the OTP deems relevant;

(4) Discharge, including but not limited to:

a. Discharge date;

b. Date of last contact;

c. Discharge staff;

d. Discharge reason;

e. Post discharge living arrangements;

f. Substance use information;

g. Diagnosis information;

h. Any information on transfer facility, if client is transferring; and

i. A narrative discharge summary, as required by He-A 304.28(f); and

(5) For any client who is placed on a waitlist, as applicable:

a. All referrals to and coordination with interim services or reason that such referrals were not made;

b. All client contacts between screening and removal from the waitlist; and

c. The date the client was removed from the waitlist and the reason for removal.

(d) All confidential information shall be maintained in compliance with 42 CFR, Part 2.

(e) OTPs shall retain client records after the discharge or transfer of the client, as follows:

(1) For a minimum of 7 years for an adult; and

(2) For a minimum of 7 years after age of 18 for children.

(f) In the event of an OTP closure, the OTP shall arrange for the continued management of all client records in the following measures:

(1) The closing OTP shall notify the department in writing of the address where records shall be stored and specify the person managing the records;

(2) Continue to manage the records and give written assurance to the department that it shall respond to authorized requests for copies of client records within 10 working days;

(3) Transfer records of clients who have given written consent to another certified OTP; or

(4) Enter into a limited service organization agreement with a certified provider to store and manage records.

History

#9476, eff 5-22-09; ss by #12178, INTERIM, eff 5-20-17, EXPIRED: 11-16-17
#12476, eff 2-16-18; ss by #13730, eff 8-24-23

N.H. Code Admin. R. Ann. He-A 304.19 Quality Management {#sec-he-a-304.19 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.19}

(a) On a quarterly basis, OTPs shall conduct a client record review of a minimum of 10% of the open client records, in order to evaluate the delivery of services identified in the treatment plan and to ensure that clients’ needs are being met.

(b) OTPs shall document the results of the review in (a) above in a quarterly quality management report, including:

(1) The number of records reviewed;

(2) A summary of the review results;

(3) A description of any deficiencies identified;

(4) The corrective action taken and/or planned to address the deficiencies identified in (3) above including the dates action was taken or will be taken;

(5) An evaluation of the effectiveness of the corrective action taken; and

(6) A summary of unmet service needs.

(c) OTPs shall plan and take any remedial action necessary to address deficiencies in service delivery identified in the quarterly quality management report in (b) above.

(d) OTPs shall retain the quarterly quality management report in (b) above for 2 years and make them available to the department upon request.

History

#9476, eff 5-22-09 (from He-A 304.17); ss by #12178, INTERIM, eff 5-20-17, EXPIRES: 11-16-17
#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.20 Client Eligibility, Admission, and Denial of Services {#sec-he-a-304.20 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.20}

(a) An OTP shall determine eligibility for admission in accordance with 42 CFR 8.12 (e) and ASAM Criteria (2013), available as noted in Appendix A.

(b) When an OTP’s service capacity has been reached, the OTP shall maintain a waiting list of clients screened but not offered services.

(c) Regardless of service capacity, an OTP shall admit pregnant women for treatment within 2 business days of initial contact, and if the OTP is unable to admit within 2 business days, such a client shall be referred to the department for assistance.

(d) Clients shall be admitted for services from a waiting list in the following order of priority:

(e) OTPs shall admit clients for services according to the order of priority described below:

(1) Pregnant women shall be admitted for treatment within 2 business days of initial contact, and if the OTP is unable to admit within 2 business days, such a client shall be referred to the department for assistance;

(2) Individuals who have been administered Narcan to reverse the effects of an opioid overdose either in the 14 days prior to screening or in the period between screening and admission to the OTP;

(3) Individuals with a history of injection drug use;

(4) Individuals with substance use and co-occurring mental health disorders;

(5) Veterans with substance use disorders; and

(6) Individuals with substance use disorders who are involved with the criminal justice system or child protection system.

(f) For any client who is denied services, the OTP shall:

(1) Inform the client of the reason for denial;

(2) Assist the client in identifying and accessing appropriate available services.

(g) The OTP shall not deny services to a client solely because the client evidences one or more of the following:

(1) Previously left services against the advice of staff;

(2) Relapsed from an earlier service episode;

(3) Is on any class of medications, including but not limited to opiates or benzodiazepines, unless treatment with methadone/buprenorphine is contraindicated; or

(4) Has been diagnosed with a mental health disorder.

(h) A client who meets the criteria in (a) shall only be denied services if:

(1) The client was previously administratively discharged from services for abusive, violent, or illegal behavior; or

(2) The client is unable to demonstrate an ability to pay for services.

(i) The OTP shall report on (c) – (e) above at the request of the department.

History

#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.21 Screening and Evaluation Requirements {#sec-he-a-304.21 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.21}

(a) A screening interview shall be conducted by a licensed counselor, unlicensed counselor under supervision of a licensed supervisor, or CRSW in accordance with SAMHSA’s “TAP 21: Addiction Counseling Competencies” (2015 edition), available as noted in Appendix A.

(b) The information gathered during the interview in (a) above shall be used to determine:

(1) The likelihood that the client meets criteria for an opioid use disorder as described in the American Psychiatric Association’s “Diagnostic and Statistical Manual of Mental Disorders (DSM-5),” Fifth Edition (2013), available as noted in Appendix A;

(2) An estimate of the appropriate initial level of care for the client based on ASAM Criteria (2013), available as noted in Appendix A; and

(3) Whether or not the client fits into a priority population as established in He-A 304.20(b).

(c) For clients who require treatment services as determined by the screening interview in (a) above, a clinical evaluation interview shall be conducted and documented:

(1) By a licensed counselor or unlicensed counselor under supervision of a licensed supervisor;

(2) In accordance with SAMHSA’s “TAP 21: Addiction Counseling Competencies” (2015 edition), available as noted in Appendix A;

(3) Utilizing an evidence-based evaluation tool;

(4) Addressing all ASAM Criteria (2013), available as noted in Appendix A, domains; and

(5) Including an HIV/AIDS screening, to include:

a. The provision of information;

b. Risk assessment;

c. Intervention and risk reduction education, and

d. Referral for testing, if appropriate, within 7 days of admission.

(d) The information gathered during the interview in (a) above shall be used to:

(1) Determine if a client meets DSM-5 criteria for a opioid use disorder and to document the appropriate DSM-5 diagnosis(es);

(2) Determine the appropriate initial level of care for the client based on ASAM Criteria (2013), available as noted in Appendix A; and

(3) Develop the client’s treatment plan in accordance with He-A 304.23.

(e) Each client shall have a medical examination conducted in accordance with 42 CFR Part 1, 8.12(f)(2).

History

#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.22 Opportunity To Participate in Withdrawal Management Required {#sec-he-a-304.22 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.22}

(a) A licensed practitioner shall ensure, and shall document in the client’s record, that each client is offered the opportunity to participate in a methadone/buprenorphine withdrawal management program instead of a maintenance treatment program at the time of admission, at least every 6 months thereafter, and upon client request.

(b) When clinically appropriate based on ASAM Criteria (2013), available as noted in Appendix A, the licensed practitioner shall encourage clients to choose a methadone/buprenorphine withdrawal management program instead of a maintenance treatment program. Such encouragement shall not be considered a requirement to participate in a withdrawal management program.

(c) The licensed practitioner shall document in the client’s record the clinical appropriateness of the form of treatment chosen.

History

#12476, eff 2-16-18 (formerly He-A 304.05)

N.H. Code Admin. R. Ann. He-A 304.23 Required Medical and Clinical Services {#sec-he-a-304.23 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.23}

(a) The OTP shall have a designated medical director who shall be responsible for all medical services.

(b) The medical director shall ensure that, for every client:

(1) Treatment plans are prepared and updated pursuant to (f)-(i) below;

(2) The client’s need for methadone/buprenorphine maintenance is evaluated at least every 6 months;

(3) Any controlled substances prescribed for a client are clinically justified and documented in accordance with all applicable regulations, statutes, and rules; and

(4) A determination is made regarding the client’s need for any other specialized services, such as treatment for other substance use disorders, medical services, or psychiatric services, and any such conditions are identified and treated or a referral is made to an appropriate service provider.

(c) Upon a client’s admission, the OTP shall conduct a client orientation, either individually or by group, to include the following:

(1) Rules, policies, and procedures of the OTP and facility;

(2) Obtaining consent, which is compliant with 42 CFR Part 2, relative to the OTP reporting to law enforcement that a client may be operating a motor vehicle while impaired in as described in He-A 304.14(e);

(3) Requirements for successfully completing the program;

(4) The administrative discharge policy and the grounds for administrative discharge;

(5) All applicable laws regarding confidentiality, including the limits of confidentiality and mandatory reporting requirements; and

(6) Requiring the client to sign a receipt that the orientation was conducted.

(d) Pregnancy testing shall be conducted as follows:

(1) Unless contraindicated by sexual orientation or physiological factors, a OTP shall test monthly for pregnancy any female client of childbearing age who is using methadone/buprenorphine;

(2) If pregnancy is confirmed, the OTP shall:

a. Refer the client for health care for her pregnancy; and

b. Coordinate her treatment with all health care providers involved in her prenatal care; and

(3) If a pregnant client refuses to obtain primary care for her pregnancy, staff shall ask the client to sign a statement indicating she has refused such care, or shall document the client’s refusal of care and refusal to sign.

(e) A licensed counselor or unlicensed counselor under the supervision of a licensed supervisor shall develop and maintain a written treatment plan for each client in accordance with SAMHSA’s “TAP 21: Addiction Counseling Competencies” (2015 edition), available as noted in Appendix A, which addresses all ASAM Criteria (2013), available as noted in Appendix A, domains.

(f) Treatment plans shall be developed in the first session following the evaluation.

(g) Individual treatment plans shall contain, at a minimum, the following elements:

(1) Goals, objectives, and interventions written in terms that are specific, measurable, attainable, realistic, and timely.

(2) Identifies the recipient’s clinical needs, treatment goals, and objectives;

(3) Identifies the client’s strengths and resources for achieving goals and objectives in (1) and (2) above;

(4) Defines the strategy for providing services to meet those needs, goals, and objectives;

(5) Identifies referral to outside providers for the purpose of achieving a specific goal or objective when the service cannot be delivered by the OTP;

(6) Provides the criteria for terminating specific interventions;

(7) Includes specification and description of the indicators to be used to assess the individual’s progress;

(8) Documentation of participation by the client in the treatment planning process or the reason why the client did not participate; and

(9) Signatures of the client and the counselor agreeing to the treatment plan, or if applicable, documentation of the client’s refusal to sign the treatment plan.

(h) Treatment plans shall be reviewed no less frequently than every 4 sessions or every 4 weeks, whichever is less frequent and updated based on any changes in any of the ASAM Criteria (2013) domains, available as noted in Appendix A.

(i) Treatment plan updates shall include:

(1) Documentation of the degree to which the client is meeting treatment plan goals and objectives;

(2) Modification of existing goals or addition of new goals based on changes in the client’s functioning relative to ASAM Criteria (2013), available as noted in Appendix A, domains and treatment goals and objectives;

(3) Documentation that the ASAM Criteria (2013), available as noted in Appendix A, transfer, discharge, and continuing care criteria were reviewed with the client in each of the ASAM Criteria (2013), available as noted in Appendix A, domains and that the client, counselor and licensed practitioner have jointly concluded that:

a. The client requires continued treatment at the current level of care; or

b. The client requires treatment at a higher or lower level of care and the updated treatment plan reflects transition to that level of care; and

(4) The signature of the client and the counselor agreeing to the updated treatment plan, or if applicable, documentation of the client’s refusal to sign the treatment plan.

(j) In addition to the individualized treatment planning in (d) above, all OTPs shall provide client education on:

(1) Substance use disorders;

(2) Relapse prevention;

(3) Infectious diseases associated with injection drug use, including but not limited to, HIV, hepatitis, and TB;

(4) Sexually transmitted diseases;

(5) Emotional, physical, and sexual abuse;

(6) Nicotine use disorder and cessation options;

(7) The impact of drug and alcohol use during pregnancy, risks to the fetus, and the importance of informing medical practitioners of drug and alcohol use during pregnancy;

(8) Education around neonatal abstinence syndrome (NAS) for pregnant women to include significant others and/or care givers as appropriate;

(9) Working with family or significant others;

(10) Living and coping skills;

(11) Medication and drug education;

(12) Dealing with a positive drug screen;

(13) Education, vocational training, employment, or any combination thereof; and

(14) Education about acquired immunodeficiency syndrome (AIDS) and human immunodeficiency virus (HIV).

(k) Based on the client’s treatment plan, methadone/buprenorphine maintenance treatment shall include medication and clinical services as detailed in Table 304.01.

(l) The OTP shall maintain the client with a dose adequate to alleviate all withdrawal symptoms;

(m) The OTP shall establish client dosing based on individual need, as detailed in the client’s treatment plan; and

(n) The OTP shall provide flexible dosage tapering at the client’s request.

(o) Upon a client’s compliance with required treatment and counseling and the negative results for all drug screens conducted, the required number of hours of counseling shall be reduced and the allowed number of take-home doses shall be increased, in accordance with Table 304.01 below:

Table 304.1 Treatment, Counseling, and Take-Home Schedule

Consecutive Days in Compliance with He-A 304.24(o)

Required Hours of Counseling per Month

Allowed days supply of Take-Home Doses per Week

1-90

91-180

181-364

365-540

541-730

731-909

910+

(p) For clients who are required to engage in 8 hours of counseling per month, the OTP may reduce the number of hours by up to 4 hours if clinical staff determine that such a reduction will not result in an increased risk assessment in any of the ASAM Criteria (2013), available as noted in Appendix A, dimensions.

(q) An OTP shall not issue more than a 6-day supply of take-home doses to a client in one week.

(r) Required substance use disorder counseling shall be based on the client’s individualized treatment plan and be consistent with ASAM Criteria (2013), available as noted in Appendix A, and SAMHSA’s TIPS and TAPS standards, as applicable, and include, at a minimum:

(1) Any combination of individual, group, or family substance use disorder treatment services;

(2) Case management services, which may be substituted on an hour-for-hour basis for up to 25% of the required counseling hours; and

(3) Discussion between clinical staff and the client regarding the commencement of a methadone/buprenorphine discontinuance plan, with projected target dates for implementation, which may:

a. Be short-term or long-term in nature based on the client’s need and preference; and

b. Include intermittent periods of methadone/buprenorphine maintenance between discontinuance attempts.

(s) If the licensed practitioner determines that split dosing is medically necessary, the OTP shall request a split-dose exception on-line, using the SAMHSA OTP Exception Request website at https://otp-extranet.samhsa.gov/login.aspx?ReturnUrl=%2f.

(t) Such requests shall include, as appropriate:

(1) OTP identification number;

(2) Patient identification number;

(3) OTP name;

(4) OTP contact information;

(5) Requestor information;

(6) Patient admission date;

(7) Patient’s current dosage;

(8) Medication type;

(9) Patient’s attendance schedule;

(10) Employment status;

(11) Nature of the change request;

(12) Start date of the requested change;

(13) End date of the requested change;

(14) Number of doses to be dispensed during the exception period;

(15) Justification for the change request;

(16) Regulatory compliance information; and

(17) Submitting physician information and dated signature.

(u) The OTP shall provide group education and counseling as follows:

(1) The OTP shall maintain an outline of each educational and group therapy session provided; and

(2) All group counseling sessions shall be limited to 12 clients or fewer per counselor.

(v) All client activities and services shall be documented in accordance with SAMHSA’s “TAP 21: Addiction Counseling Competencies” (2015 edition), available as noted in Appendix A, and He-A 304.18.

History

#12476, eff 2-16-18 (formerly He-A 304.06)

N.H. Code Admin. R. Ann. He-A 304.24 Drug Screens {#sec-he-a-304.24 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.24}

(a) An OTP shall perform, or have performed, drug screens of clients as described in this section.

(b) All new clients shall have a minimum of a drug screen upon admission and randomly every week thereafter for the first 3 months of treatment.

(c) After the first 3 months of treatment, all clients shall have a minimum of one drug screen performed randomly every month.

(d) All required drug screens shall include, at a minimum, the following substances or their metabolites:

(1) Opiates;

(2) Methadone;

(3) Buprenorphine;

(4) Amphetamines;

(5) Cocaine;

(6) Benzodiazepines;

(7) Cannabis; and

(8) Methamphetamine.

(e) A drug screen shall be considered positive for illicit substances only if the substance identified is not being used under the supervision of and as directed by a licensed practitioner.

(f) When a client disputes the results of a positive drug screen, the screen shall only be considered positive after confirmatory testing by a Clinical Laboratory Improvement Amendments (CLIA) certified laboratory.

History

#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.25 Take-Home Medications {#sec-he-a-304.25 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.25}

(a) An OTP’s staff shall approve take-home methadone/buprenorphine only for a client who meets the take-home criteria in accordance with 42 CFR Part 8.12(h)(4)(i)(2).

(b) In addition to the criteria in (a) above, a client shall complete individual or group counseling specific to the safe transport and storage of take-home medication to prevent diversion, theft, or use by another person, each time the client is eligible for consideration of an additional unsupervised take-home dose.

(c) Prior to granting take-home privileges, and each time the client’s progress is reviewed, the licensed practitioner shall document in the client’s record that the criteria in (a) above have been met and that, in his or her judgment, the potential risk of diversion or misuse is outweighed by the rehabilitative benefits to be derived from decreasing the frequency of clinic attendance and the client’s demonstrated overall responsibility in the handling of methadone/buprenorphine.

(d) A client for whom take-home methadone/buprenorphine is authorized may be provided with one day of extra medication if the client’s regular pickup falls on a state holiday.

(e) For clients who demonstrate a need for a more flexible take-home methadone/buprenorphine schedule in order to enhance and extend their rehabilitative and community reintegration progress, an OTP may request of the department, approval to permit a client to follow a temporary take-home medication regimen.

(f) The department shall approve such requests in (e) above if it determines that:

(1) The client is unable to comply with the required treatment, counseling, and/or take-home schedule because of exceptional circumstances such as:

a. Illness;

b. Personal or family crisis;

c. Travel difficulties, such as bad weather; or

d. Other hardship that would similarly prevent the client’s compliance;

(2) The licensed practitioner has found the client to be responsible in using methadone/buprenorphine as required in (c) above;

(3) The licensed practitioner has determined that a temporary reduction in clinic attendance is appropriate;

(4) The client is not given more than a 2-week supply of methadone/buprenorphine at one time;

(5) The reasons for permitting a temporary reduction in clinic attendance have been recorded by in the client’s record;

(6) Staff have determined that the rehabilitative benefit the patient derived from decreasing the frequency of clinic attendance outweighs the potential risks of diversion; and

(7) The licensed practitioner has submitted such requests on-line, using the SAMHSA OTP Exception Request Website at https://otp-extranet.samhsa.gov/login.aspx?ReturnUrl=%2f, including:

a. OTP identification number;

b. Patient identification number;

c. OTP name;

d. OTP contact information;

e. Requestor information;

f. Patient admission date;

g. Patient’s current dosage;

h. Medication type;

i. Patient’s attendance schedule;

j. Employment status;

k. Nature of the change request;

l. Start date of the requested change;

m. End date of the requested change;

n. Number of doses to be dispensed during the exception period;

o. Justification for the change request;

p. Regulatory compliance information; and

q. Submitting physician information and dated signature.

History

#12476, eff 2-16-18

N.H. Code Admin. R. Ann. He-A 304.26 Treatment Requirements for Withdrawal Management {#sec-he-a-304.26 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.26}

(a) For each client participating in withdrawal management, the OTP shall administer methadone/buprenorphine in a way designed for the client to reach an opioid-free state and to make progress in the ASAM Criteria (2013), available as noted in Appendix A, domains within a period of up to 180 days.

(b) All requirements of He-A 304.23 through He-A 304.25 for treatment shall apply to withdrawal management.

(c) Before a withdrawal management program is repeated, the licensed practitioner shall document in the client’s record that the client continues to be or is again physiologically dependent on opioids.

(d) Withdrawal management shall not be repeated unless a licensed practitioner documents in the client’s record that the client continues to be or is again physiologically dependent on opioids; and

(e) Repetition of withdrawal management episodes shall be determined in accordance with 42 CFR Part 8.

History

#12476, eff 2-16-18 (formerly He-A 304.06)

N.H. Code Admin. R. Ann. He-A 304.27 Discontinuance of Methadone/Buprenorphine {#sec-he-a-304.27 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.27}

(a) At the time of admission and every 6 months thereafter, the OTP shall provide each client with a written protocol to request discontinuance of methadone/buprenorphine treatment, including but not limited to:

(1) The client’s right to request discontinuance of treatment at any time;

(2) The process to be followed in making this request; and

(3) The procedure for filing any grievances related to this process.

(b) An individual methadone/buprenorphine discontinuance plan shall be developed and implemented for all clients who request discontinuance.

(c) The determination to voluntarily discontinue methadone/buprenorphine shall be left to the judgment of the client, in consultation with staff.

(d) If staff do not agree with the client’s decision to discontinue methadone/buprenorphine, the staff shall document such disagreement in the client’s record.

(e) Reduction of a client’s methadone/buprenorphine dosage shall:

(1) Be ordered and overseen by medical staff;

(2) Occur gradually in a manner that facilitates the client’s discontinuance, as determined by the medical staff; and

(3) Be in accordance with the client’s treatment goals.

(f) In situations where staff have determined that onsite discontinuance is undesirable, such as due to the client’s aggressive behavior:

(1) Alternative arrangements shall be offered by the staff; and

(2) If the client refuses all of the arrangements, the refusal shall be documented by staff in the client’s record.

(g) OTPs shall have procedures to modify a client’s discontinuance protocol or to engage the client in withdrawal management or maintenance services in the event that a client relapses during discontinuance.

(h) Continued services and supports necessary to support the client through and for up to 90 days after the discontinuance process shall be provided by the OTP in consultation with the clinical staff.

(i) OTPs shall have discharge policies as required by He-A 304.28.

History

#12476, eff 2-16-18 (formerly He-A 304.11)

N.H. Code Admin. R. Ann. He-A 304.28 Client Discharge and Transfer {#sec-he-a-304.28 omnilex-key=us-nh-regs-official--agency-he-a--He-A 304.28}

(a) A client shall be discharged from an OTP for the following reasons:

(1) Program completion or transfer based on changes in the client’s functioning relative to ASAM Criteria (2013), available as noted in Appendix A; or

(2) Program termination, including:

a. Administrative discharge;

b. The client left the program before completion against advice of treatment staff; and

c. The client is inaccessible, such as the client has been jailed or hospitalized.

(b) An OTP may administratively discharge a client from a treatment program only if:

(1) The client’s behavior on OTP premises is abusive, violent, or illegal;

(2) The client repeatedly causes disruption to the community or to the OTP and fails to change their behavior subsequent to written notice of the required behavior change;

(3) The client fails to pay fees within 5 business days after being informed in writing and counseled regarding financial responsibility and possible sanctions including discharge;

(4) The client has had unexcused absences on 3 consecutive medication days, and the medical director, after a reevaluation of the client, has determined that administrative discharge is warranted;

(5) Clinical staff documents therapeutic reasons for discharge, including but not limited to:

a. The client becoming unwilling to participate in achieving their treatment goals; or

b. The client continuing to use alcohol or other drugs in a manner that poses a risk to either the client’s physical well-being or public safety;

(6) The client is non-compliant with prescription medications; or

(7) The client violates OTP rules in a manner that is consistent with the OTP’s progressive discipline policy.

(c) If a client is administratively discharged due to financial reasons in (b)(2) above, the OTP shall provide medically supervised withdrawal in accordance with (d) below, regardless of the client’s ability to pay.

(d) If a client is being administratively discharged for any reason, they shall have the opportunity to participate in medically supervised withdrawal as follows:

(1) The OTP shall maintain the client with a dose adequate to alleviate all withdrawal symptoms;

(2) The OTP shall establish client dosing based on individual need, as detailed in the client’s treatment plan;

(3) The OTP shall provide flexible dosage tapering at the client’s request;

(4) The OTP shall develop a detoxification schedule with daily dosage reductions of not more than 10 percent of the original dose;

(5) The OTP shall conduct daily observation of the client, monitoring for withdrawal symptoms;

(6) Methadone/buprenorphine shall be administered daily; and

(7) Take-home medications shall not be allowed during medically supervised withdrawal.

(e) Clients may transfer between OTPs subject to the following:

(1) When a client transferring to a program has received a medical examination within 3 months prior to admission, the OTP shall not conduct a new medical examination unless requested by the licensed practitioner;

(2) The OTP to which a client transfers shall include copies of the previous medical examination in the client’s record within 30 days of admission;

(3) Upon receipt of an appropriately executed release of information, an OTP shall provide to the receiving OTP the client’s clinical record, including attendance, dosage, previous 3 drug screens, and all pertinent medical information, even if the client still has an outstanding financial balance;

(4) Clients who have qualified for unsupervised take home doses at their previous methadone/buprenorphine opiate treatment program shall continue to receive unsupervised take home doses at the same level, not to exceed 6 take home doses per week, as long as the receiving OTP has verified the client’s compliance in his or her previous program;

(5) When transferring a client, the counselor shall:

a. Complete a progress note on the client’s treatment and progress towards treatment goals, to be included in the client’s record; and

b. Update the client evaluation and treatment plan; and

(6) When transferring a client to another treatment program, the current OTP shall forward copies of the following information to the receiving OTP, only after a release of confidential information is signed by the client:

a. The discharge summary in (f) below;

b. Client demographic information, including the client’s name, date of birth, address, telephone number, and the last 4 digits of his or her Social Security number; and

c. A diagnostic assessment statement and other assessment information, including:

TB test results;
A record of the client’s treatment history; and
Documentation of any court-mandated or OTP-recommended follow-up treatment.

(f) In all cases of client discharge or transfer, the counselor shall complete a narrative discharge summary, including, at a minimum:

(1) The dates of admission and discharge or transfer;

(2) The client’s psychosocial substance use history and legal history;

(3) A summary of the client’s progress toward treatment goals in all ASAM Criteria (2013), available as noted in Appendix A, domains;

(4) The reason for discharge or transfer;

(5) The client’s DSM-5 diagnosis and summary, to include other assessment testing completed during treatment;

(6) A summary of the client’s physical condition at the time of discharge or transfer;

(7) A continuing care plan, as applicable, including all ASAM Criteria (2013), available as noted in Appendix A, domains; and

(8) The dated signature of the counselor completing the summary.

(g) The discharge summary shall be completed no later than 7 days following a client’s discharge or transfer from the OTP.

(h) The counselor shall meet with the client at the time of discharge or transfer to establish a continuing care plan that:

(1) Includes recommendations for continuing care in all ASAM Criteria (2013), available as noted in Appendix A, domains;

(2) Addresses the use of community based support groups; and

(3) Assists the client in making contact with other agencies or services.

(i) The counselor shall document in the client record if and why the meeting in (h) could not take place.

History

#12476, eff 2-16-18

Part He-A 305 Voluntary Registry for Recovery Houses

N.H. Code Admin. R. Ann. He-A 305.01 Purpose {#sec-he-a-305.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.01}

The purpose of this part is to establish and administer a voluntary registry for operators of certified recovery houses, establish a process for receiving complaints for registered-certified recovery houses, and to allow for the distribution of a list of registered recovery houses pursuant to RSA 172-B:2,V.

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21

N.H. Code Admin. R. Ann. He-A 305.02 Definitions {#sec-he-a-305.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.02}

(a) “Alcohol and drug free environment” means an environment in which the use of alcohol and illicit drugs are prohibited and includes alcohol and drug free housing.

(b) “Business day” means a day in which the department conducts normal business operations. This term excludes weekends and holidays.

(d) “Certifying body” means an agency designated by the commissioner to provide voluntary certification for recovery houses based on nationally-recognized standards including:

(1) Upholding industry best practices and supporting a safe, healthy, and effective recovery environment;

(2) Evaluating the recovery residence's ability to assist in achieving long-term recovery goals;

(3) Protecting residents against unreasonable and unfair practices in setting and collecting fee payments; and

(4) Verifying good standing with regard to local, state, and federal laws and any regulations and ordinances including, but not limited to, building, maximum occupancy, and fire safety.

(e) “Complaint process” means the procedure to accept and respond to concerns about a specific recovery house reported by residents or other individuals to the department.

(f) “Department” means the New Hampshire department of health and human services.

(g) “New Hampshire recovery house registry” means the list of certified recovery houses voluntarily registering with the department, and provided by the department pursuant to this part.

(h) “Operator” means the lawful owner of a recovery house or a person employed and designated by the owner of the recovery house to have primary responsibility for the daily operation of the recovery house including maintaining standards and conditions supportive of substance use disorder recovery.

(i) “Recovery house” means a residence, commonly known as a sober home, that provides or advertises as providing an alcohol and drug free environment for persons recovering from substance use disorders. This term does not include a halfway house, treatment unit, or detoxification facility.

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21; amd by #14110, EMERGENCY RULE, eff 11-18-24, (para (d)), EXPIRES: 5-17-25; ss by #14252, eff 5-22-25, EXPIRES: 5-22-35

N.H. Code Admin. R. Ann. He-A 305.03 Registration Application Submission {#sec-he-a-305.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.03}

(a) Each applicant shall:

(1) Complete and submit to the department a “New Hampshire Recovery Housing Registration Form” (May 2025) signed by the operator of the recovery house; and

(2) Submit a copy of their current certification document issued by the certifying body.

(b) The requirements in (a) above shall be submitted to the department via:

(1) Email at recoveryhousing@dhhs.nh.gov;

(2) Fax to (603) 271-6105; or

(3) Mail or hand-delivery to:

Department of Health and Human Services

Division of Behavioral Health Services

Bureau of Alcohol and Drug Services

105 Pleasant Street

Concord, NH 03301

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21; amd by #14110, EMERGENCY RULE, eff 11-18-24, (para (a)), EXPIRES: 5-17-25; ss by #14252, eff 5-22-25, EXPIRES: 5-22-35

N.H. Code Admin. R. Ann. He-A 305.04 Processing {#sec-he-a-305.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.04}

of Application and Issuance of Registration.

(a) An application for registration shall be complete when the department determines that the registration required in He-A 305.03(a) has been received by the department.

(b) Within 15 business days of the department’s receipt of the completed application under (a) above, applicants shall be included in the New Hampshire Recovery House Registry and shall be sent an email confirming registration.

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21

N.H. Code Admin. R. Ann. He-A 305.05 Expiration and Renewal {#sec-he-a-305.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.05}

(a) A recovery house registration shall expire one year from the registration approval date.

(b) All registered recovery houses shall complete and submit a renewal application “New Hampshire Recovery Housing Registration Form” (December 2020) at least 30 days prior to the expiration of registration.

(c) Each applicant shall submit a copy of their current certification document issued by the certifying body with the renewal application in (b) above.

(d) Within 15 business days of the department’s receipt of the completed renewal application, applicants shall be included in the New Hampshire Recovery House Registry and shall be sent an email confirming registration.

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21

N.H. Code Admin. R. Ann. He-A 305.06 Requirements for Organizational or Service Change {#sec-he-a-305.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.06}

(a) All registered recovery houses shall provide the department with written notice at least 30 days prior to changes for any of the following:

(1) Ownership;

(2) Physical location;

(3) Name;

(4) Number of beds; and

(5) Changes in services available to residents.

(b) All registered recovery houses shall provide the department with written notice within 5 days of any changes to the status of their certification by the certifying body.

(1) Change in ownership; or

(2) Change in physical location.

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21; amd by #14110, EMERGENCY RULE, eff 11-18-24, (para (b)); EXPIRES: 5-17-25; ss by #14252, eff 5-22-25, EXPIRES: 5-22-35

N.H. Code Admin. R. Ann. He-A 305.07 Certification and Operation of Alcohol and Other Drug Disorder Treatment Programs {#sec-he-a-305.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.07}

Complaints and Criteria for Exclusion from the Registry.

(a) The department shall receive and review complaints that meet the following conditions:

(1) Complaints submitted by residents or former residents of certified recovery houses listed on the NH voluntary certified recovery house registry and based on the complainant’s first-hand knowledge regarding the allegation(s) or complaints by a third-party authorized to represent the complainant’s concern about their safety or legal rights, which shall be referred to the proper authority;

(2) Complaints concerning the health of residents and safety of the recovery house;

(3) Complaints concerning the management of the recovery house including, but not limited to, house environment, financial procedures, staffing, house rules and regulations, recovery support environment, or any other concerns affecting the complainant; and

(4) Complaints concerning illegal activities or threats.

(b) Complainants shall complete and submit form “NH Recovery Housing Complaint Form” (May 2025) via mail, hand-delivery, or email to:

Department of Health and Human Services

Division of Behavioral Health Services

Bureau of Alcohol and Drug Services

105 Pleasant Street

Concord, NH 03301

recoveryhousing@dhhs.nh.gov

(d) A complainant may request that the complainant’s identity be kept confidential throughout the complaint investigation process subject to the following:

(1) The complainant might be contacted by the certifying body, or other investigative bodies related to legal and consumer fraud, to confirm and gather additional information concerning the complaint; and

(2) The complainant’s identity shall not be shared with the recovery house that the complaint is filed against without the complainant’s expressed permission, subject to legal requirement concerning complainants involving illegal activities, harm or threats of harm, or violations of consumer protections laws.

(e) The department shall review all complaints upon receipt and send them to the certifying body for action, and shall directly refer complaints that concern illegal activities, harm or threats of harm, or violations of consumer law or suspected non-compliance with state or federal laws to the appropriate authority.

(f) The department shall remove a recovery house from the registry based on complaints concerning illegal activities, harm or imminent threats of harm, or violations of consumer protections laws referred to and investigated by the appropriate authority.

(g) The certifying body shall notify the owner of the recovery house regarding the complaint with the details of the complaint excluding the identity of the complainant within 15 business days of receipt.

(h) For complaints reviewed by the certifying body, the department shall be provided the following by the certifying body:

(1) Quarterly reports on recovery houses that are out of compliance with certification standards and what actions were taken; and

(2) An annual report on all certified recovery house complaints that includes the number of investigations and the results of each.

(i) The certifying body shall notify the department within 3 business days of the results of their complaint investigation and their recommendations concerning the following:

(1) Revocation or suspension of certification;

(2) Referral for investigation by law enforcement agencies of reports of illegal activities, physical harm, or threats;

(3) Facility deficiencies including overcrowding, unclean conditions, need for repairs, or any other concerns related to the certification standards that endanger the welfare of the residents;

(4) Referral for investigation by the consumer protection bureau of reports of violation of consumer protection laws; or

(5) Non-compliance with other state and federal laws.

(j) Upon notification from the certifying body the department shall review the recommendation provided by the certifying body and remove the recovery house from the registry whose certification has been revoked or suspended.

(k) A recovery house that is removed from the registry shall be notified within one business day of their removal from the registry.

(l) A recovery house shall not be placed back on the registry until it is determined by the certifying body that compliance with the certification standards and He-A 305 is achieved, and certification has been restored.

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21; amd by #14110, EMERGENCY RULE, eff 11-18-24, (paras (h), (i), and (l)); EXPIRES: 5-17-25; ss by #14252, eff 5-22-25, EXPIRES: 5-22-35

N.H. Code Admin. R. Ann. He-A 305.08 Duties and Responsibilities of the Registered {#sec-he-a-305.08 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.08}

(a) All registered recovery houses shall meet the following criteria:

(1) Register prior to the registration expiration date as required in He-A 305.05 above; and

(2) All registered recovery houses shall follow all applicable federal, state, and local laws.

(b) All registered recovery houses may advertise as being on the New Hampshire Recovery House Registry.

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21

N.H. Code Admin. R. Ann. He-A 305.09 Publication and Dissemination of Recovery House Registration List {#sec-he-a-305.09 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.09}

The department shall:

(a) Compile and maintain a list of registered recovery houses;

(b) Publish the list on the bureau of drug and alcohol website found at https://www.dhhs.nh.gov/dcbcs/bdas/recovery-house-registry.htm;

(d) Make the list available to anyone upon request.

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21

N.H. Code Admin. R. Ann. He-A 305.10 Referral to Registered Recovery Houses {#sec-he-a-305.10 omnilex-key=us-nh-regs-official--agency-he-a--He-A 305.10}

A state agency or vendor with a state or federally funded contract that is providing treatment or recovery support services to a person shall not refer the person to recovery housing unless the recovery housing is registered pursuant to this part.

Appendix A: Incorporation by Reference Information

Rule

Title

Obtain at:

He-A 304.16(b)(6)a.; .20(a); .21(b)(2), (c)(4), (d)(2); .22(b); .23(e), (h), (i)(2), (i)(3), (p), (r); .27(a); .28(a)(1), (f)(3), (f)(7), (h)(1)

ASAM Criteria: Treatment Criteria for Substance-Related, Addictive, and Co-Occurring Conditions, Third Edition (2013)

Publisher: American Society of Addiction Medicine (ASAM).

The ASAM Criteria (2013) can be purchased online through the ASAM website at: http://www.asamcriteria.org/.

Cost = $95 (non-members) or $85 (members). Discounts are available for large purchases.

He-A 304.16(b)(6)b.1.-4.

“TAP 19: Relapse Prevention with Chemically Dependent Criminal Offenders, Counselor's Manual” (1/2006 edition);
“TAP 21-A: Competencies for Substance Abuse Treatment Clinical Supervisors” (1/2013 edition);
“TAP 21: Addiction Counseling Competencies: The Knowledge, Skills, and Attitudes of Professional Practice” (11/2015 edition);
“TAP 34: Disaster Planning Handbook for Behavioral Health Treatment Programs” (5/2012 edition)

Publisher: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), Center for Substance Abuse Treatment, www.samhsa.gov.

The Technical Assistance Publications (TAPS) are available at:

https://store.samhsa.gov/list/series?name=Technical-Assistance-Publications-TAPs-&pageNumber=1

He-A 304.16(b)(6)b.5.-30.

“TIP 51: Substance Abuse Treatment: Addressing the Specific Needs of Women” (11/2015 edition);
“TIP 55: Behavioral Health Services for People Who Are Homeless” (11/2015 edition);
“TIP 59: Improving Cultural Competence” (11/2015 edition);
“TIP 60: Using Technology-Based Therapeutic Tools in Behavioral Health Services” (11/2015 edition);
“TIP 41: Substance Abuse Treatment: Group Therapy” (10/2015 edition);
“TIP 45: Detoxification and Substance Abuse Treatment” (10/2015 edition);
“TIP 27: Comprehensive Case Management for Substance Abuse Treatment” (10/2015 edition);
“TIP 39: Substance Abuse Treatment and Family Therapy” (10/2015 edition);
“TIP 50: Addressing Suicidal Thoughts and Behaviors in Substance Abuse Treatment” (10/2015 edition);
“TIP 52: Clinical Supervision and Professional Development of the Substance Abuse Counselor” (9/2014 edition);
“TIP 56: Addressing the Specific Behavioral Health Needs of Men” (5/2014 edition);
“TIP 57: Trauma-Informed Care in Behavioral Health Services” (3/2014 edition);
“TIP 58: Addressing Fetal Alcohol Spectrum Disorders (FASD)” (12/2013 edition);
“TIP 44: Substance Abuse Treatment for Adults in the Criminal Justice System” (9/2013 edition);
“TIP 42: Substance Abuse Treatment for Persons With Co-Occurring Disorders” (7/2013 edition);
“TIP 35: Enhancing Motivation for Change in Substance Abuse Treatment” (1/2013 edition);
“TIP 48: Managing Depressive Symptoms in Substance Abuse Clients During Early Recovery” (1/2013 edition);
“TIP 46: Substance Abuse: Administrative Issues in Outpatient Treatment” (12/2012 edition);
“TIP 34: Brief Interventions and Brief Therapies for Substance Abuse” (9/2012 edition);
“TIP 36: Substance Abuse Treatment for Persons with Child Abuse and Neglect Issues” (7/2012 edition);
“TIP 29: Substance Use Disorder Treatment for People With Physical and Cognitive Disabilities” (7/2012 edition);
“TIP 37: Substance Abuse Treatment for Persons With HIV/AIDS” (7/2012 edition);
“TIP 32: Treatment of Adolescents With Substance Use Disorders” (4/2012 edition);
“TIP 54: Managing Chronic Pain in Adults With or in Recovery From Substance Use Disorders” (1/2012 edition);
“TIP 53: Addressing Viral Hepatitis in People With Substance Use Disorders” (12/2011 edition); and
“TIP 21: Combining Alcohol and Other Drug Abuse Treatment With Diversion for Juveniles in the Justice System” (4/2008 edition).

Publisher: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), Center for Substance Abuse Treatment, www.samhsa.gov.

The Treatment Improvement Protocols (TIPS) are available free of charge at:

https://store.samhsa.gov/list/series?name=TIP-Series-Treatment-Improvement-Protocols-TIPS-&pageNumber=1

He-A 304.17(o)(3)

Guidelines for Preventing the Transmission of M. tuberculosis in Health-Care Settings, 2005 edition

Publisher: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention

Available free of charge from the CDC website at www.cdc.gov.

He-A 304.18

(b)(3)b., 8.

TAP 21: Addiction

Counseling Competencies, 2015 edition

Publisher: U.S. Department of Health and Human Services,

Substance Abuse and Mental Health Services Administration (SAMHSA), Center for Substance Abuse Treatment, www.samhsa.gov

Available free of charge at: https://store.samhsa.gov/product/TAP-21-Addiction-Counseling-Competencies/SMA15-4171

He-A 304.18(c)(16)c.; 304.21(a); 304.21(c)(2); 304.23(e); and 304.23(u)

TAP 21: Addiction Counseling Competencies, 2015 edition

Publisher: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), Center for Substance Abuse Treatment, www.samhsa.gov

Available free of charge at: http://store.samhsa.gov/shin/content//SMA12-4171/SMA12-4171.pdf

He-A 304.21(b)(1)

Diagnostic and Statistical Manual of Mental Disorders (DSM-5), Fifth Edition (2013)

Publisher: The American Psychiatric Association (APA).

The DSM-5 can be purchased on line at:

https://www.appi.org/Course/Book/Subscription/JournalSubscription/id-3322/Diagnostic_and_Statistical_Manual_of_Mental_Disorders_(DSM-5®)

The publication is available at a variety of formats and price points from $96 to $210.

APPENDIX B

Rule

RSA/Federal Citation

He-A 301, 302, 303 (all sections) Specific provisions implementing specific statutes are listed below.

He-A 301

RSA 172:8-b, III; RSA 172:10

He-A 302.04(d)(8)-(9)

RSA 172:14

He-A 302.05

RSA 318-B: 10, VII(b)(3)

He-A 302.04(e)(4)

He-A 302.05(a)(10)c

He-A 302.05(c)(7)

He-A 302.09(e)(1)

He-A 302.04(e)(4)

He-A 302.05(a)(10)c

He-A 302.05(c)(7)

He-A 302.09(e)(1)

He-A 302.06

He-A 302.07

He-A 302.08

He-A 302.10

RSA 318-B: 10, VII(b)(4)

He-A 302.09

RSA 318-B: 10, VII(b)(5)

He-A 302.11(b)

RSA 172:2-a

He-A 303.04(b)(1)

RSA 172:2-a

He-A 303.06

RSA 318-B:10, VII(b)(7)

He-A 303.08(a)(5)

RSA 172:14

He-A 304

RSA 172:2-a; RSA 172:8-b, II, III, & IV; RSA 318-B:10, VII & VIII

He-A 305.01- He-A 305.10

RSA 172-B:2, V-VII; RSA 161:4-a, XI

History

#12821, INTERIM, eff 7-1-19, EXPIRED: 12-30-19
#12969, eff 1-8-20; ss by #13150, INTERIM, eff 12-30-20, EXPIRED 6-28-21
#13223, eff 6-26-21

Chapter He-A 500 Impaired Driver Programs

Part He-A 501 Purpose and Scope

N.H. Code Admin. R. Ann. He-A 501.01 Purpose {#sec-he-a-501.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 501.01}

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 or operating under the influence or alcohol or other substances. These rules 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 an offence related to operating under the influence of alcohol or other substances.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 501.02 Scope {#sec-he-a-501.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 501.02}

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, or impaired driver service providers. The rules also apply to those persons convicted of a driving or operating while impaired offense.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

Part He-A 502 Definitions

N.H. Code Admin. R. Ann. He-A 502.01 Definitions {#sec-he-a-502.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 502.01}

(a) “Alcohol and drug misuse screening (screening)” means an interview with the client, conducted by a qualified individual, using one or more diagnostic instruments approved by the department, pursuant to He-A 507.02(b) to determine the need for an evaluation.

(b) “Approval period” means the period of time that providers are approved to provide IDCMP, IDEP, or IDSP services.

(c) “Bureau” means the New Hampshire department of health and human services’ bureau of drug and alcohol services (BDAS).

(d) “Case management” means a coordinated, individualized approach that links clients with appropriate services to address their specific needs and help them achieve their stated goals.

(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 under the influence (DUI) offense and thus mandated to receive services through an IDCMP, or IDEP, or IDSP, or a combination of the 3.

(g) “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.

(h) “Commissioner” means the commissioner of the department, or his or her designee.

(i) “Completion report” means a report that contains information about the client’s completion status after participating in an IDCMP.

(j) “Course” means the 20 hours of educational classes pertaining to an IDEP.

(k) “Department” means the New Hampshire department of health and human services (DHHS).

(l) “Department representative” means the individual designated by the department to conduct on-site visits at IDCMPs.

(m) “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.

(n) “Directed plan of correction” means a plan developed by the department that specifies the actions the IDCMP must take to correct identified deficiencies.

(o) “Driving under the influence (DUI)” means operating a vehicle under the influence of alcohol or other drugs, pursuant to RSA 265-A:2 and RSA 265-A:3. This term includes “driving while impaired (DWI)” and “operating under the influence (OUI)”.

(p) “Face to face” means in person or via an online platform, in real time, when all participants can see each other clearly.

(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 “impaired driver care management program” as defined in RSA 265-A:18, VI.(c) namely, “impaired drive care management program approved by the department of health and human services under RSA 265-A:40.”

(t) “Impaired driver services provider (IDSP)” means a substance misuse treatment provider who has been approved by the department, pursuant to He-A 510, to provide services to persons convicted of a DWI.

(u) “Instructor” means an individual who has been approved by the department, pursuant to He-A 509, to facilitate at least a 20 hour curriculum of IDEP sessions.

(v) “International Certification & Reciprocity Consortium (IC&RC)” means the organization that sets the international standards of practice in addiction counseling, prevention, and clinical supervision through testing and credentialing of substance misuse professionals.

(w) “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.

(x) “Licensed alcohol and drug counselor in training (LADC in training)” means a person who has passed the IC&RC exam, completed required trainings per Alc 310.03, is actively working towards completing the necessary hours for licensure, and is receiving appropriate supervision pursuant to Alc 300.

(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) “Plan of correction (POC)” means a formal approach that the IDCMP develops to meet the expectations required by regulations, laws, administrative rules, settlements, or directives.

(aa) “Quality improvement plan (QIP)” means a formal approach that the IDCMP develops to enhance performance, such as service delivery, safety, access to care, or other articulated performance measures.

(ab) “Recovery support services” means services that are provided to clients to support their recovery from alcohol and other drug problems, and prevent relapse.

(ac) “Resident” means an individual who resides or inhabits the state of New Hampshire, who is domiciled or has a place of abode, and who has, through all of their actions, demonstrated a current intent to designate that place of abode as their principal place of physical presence.

(ad) “Section” means the group of clients taking an IDEP course at the same time.

(ae) “Service plan” means the written individualized care management plan created by a qualified individual at an IDCMP 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) “SMART goals” means goals that are specific, measurable, achievable, realistic, and timely.

(ag) “Substance use disorder evaluation (evaluation)” means a multi-disciplinary assessment of level of function pursuant to He-A 507.03 below.

(ah) “Treatment” means the use of any planned, intentional intervention in the health, behavior, personal, or family life of an individual designed to enable the individual to achieve and maintain sobriety, physical and mental health, and a maximum functional ability.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

Part He-A 503 Idcmp Application Requirements

N.H. Code Admin. R. Ann. He-A 503.01 Approval Required for Delivery of IDCMP Services {#sec-he-a-503.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 503.01}

(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.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 503.02 Application Requirements {#sec-he-a-503.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 503.02}

(a) Applicants for provision of IDCMP services shall submit a completed application, “Impaired Driver Care Management Program (IDCMP) Application” (December 2023), along with required supporting documentation outlined in (b) below and non-refundable $150.00 application fee to the department via email, or mailed to:

Department of Health and Human Services

Bureau of Drug and Alcohol Services

c/o Impaired Driver Services Coordinator

105 Pleasant Street

Concord, NH 03301

(b) The following documentation shall be submitted with the application in (a) above:

(1) Program staff list, including resumes and copies of any staff professional licenses;

(2) Certification of insurance for general liability and workers’ compensation;

(3) A Certificate of good standing from the New Hampshire Secretary of State;

(4) Certificate of occupancy for each service site;

(5) Policy and procedure manual;

(6) Curriculum syllabus for impaired driver education program (IDEP);

(7) A year-to-date profit and loss statement (P&L) for the prior full 4 years for the agency associated with the IDCMP;

(8) Consolidated cash flow for the prior 4 full years for the agency associated with the IDCMP; and

(9) Balance sheet years for the agency associated with the IDCMP.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 503.03 Processing of Applications and Issuance of Approvals {#sec-he-a-503.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 503.03}

(a) An application for an initial approval shall be complete when the department determines that all items required by He-A 503.02(a) and (b) have been received.

(b) Within 30 days of receipt, if an application does not contain all of the items required by He-A 503.02(a) and (b), 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, if an applicant fails to provide missing information within 60 calendar days, the incomplete application shall be denied.

(d) Applicants shall be notified within 60 days of receipt of a complete application as to whether their application is approved or denied.

(e) The commissioner shall approve an IDCMP if the commissioner determines that the applicant has:

(1) Submitted to the department a complete application and an application fee of $150.00.

(2) Demonstrated professional capability for meeting the requirements outlined in He-A 500 and by meeting the staffing requirements in He-A 504.04(g) and (h);

(3) Demonstrated that the IDCMP administrator has at least 3 years’ experience working in the field of substance misuse treatment or services;

(4) Unless part of start-up organization, demonstrated financial viability based on the information required in He-A 503.02(b)(7)-(9); and

(5) Agreed, in writing, to comply with all requirements of He-A 500 and state and federal laws and rules.

(f) Applications may be submitted anytime throughout the year.

(g) All approvals issued shall be non-transferable.

(h) The bureau shall notify all active IDCMPs when a new IDCMP has been approved.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 503.04 Approval Expirations and Procedures for Renewals {#sec-he-a-503.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 503.04}

(a) An initial approval shall be valid on the date of issuance and expire 4 years later on the last day of the month it was issued unless a completed application for renewal has been submitted in the timeframe outlined in (b) below.

(b) For application renewal, each IDCMP shall complete and submit to the department an application form and all required documentation pursuant to He-A 503.02(a) and (b) at least 90 days prior to the expiration of the current approval, along with a $75.00 renewal fee.

(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) and (b), prior to the expiration of the current approval;

(2) If applicable, has submitted a plan of correction that has been accepted by the department and appropriately implemented by the IDCMP if deficiencies were cited at the last audit or site-visit; and

(3) Is in compliance with He-A 500 and has agreed, in writing, to comply with all of the requirements of He-A 500, and all applicable state and federal laws and rules.

(e) A renewed approval shall be valid on the date of issuance and expire 4 years later on the last day of the month it was issued unless a completed application for renewal has been submitted in the timeframe outlined in (b) above and approved by the department.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 503.05 Denial of an Initial or Renewal Application {#sec-he-a-503.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 503.05}

The department shall deny an application for approval if, based on the information in the application or from an audit or on-site visit, the applicant has shown to be unable or unwilling to meet the requirements of He-A 500, or other applicable state or federal laws or rules, or if any of the factors in He-A 504.09(b) exists.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 503.06 Termination of Service {#sec-he-a-503.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 503.06}

(a) If an IDCMP terminates its services or ceases operation, for any reason, the IDCMP shall:

(1) Provide written notification of the termination of services to the department and to all current clients no later than 90 days prior to the date the IDCMP intends to cease operations or terminate a provision of service;

(2) Provide the department a written plan for the transfer of client services and records to another IDCMP;

(3) Assist current clients with the transition of services to another IDCMP, including the transfer of client records; and

(4) Arrange for:

a. The secure storage of and access to all client records, by the client and the department, for any records not transferred to another IDCMP for the remaining required timeframe pursuant to He-A 504.02(j); and

b. A way for client to be able to request records for the remaining required timeframe.

(b) The department shall not store records for the IDCMP.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 503.07 Requirements for Organizational Changes {#sec-he-a-503.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 503.07}

(a) The IDCMP shall provide the department with written notice at least 30 days prior to changes in any of the following:

(1) Ownership;

(2) Physical location;

(3) Agency name; or

(4) Service delivery.

(b) The IDCMP shall inform the department in writing, as soon as possible, prior to a change in key personnel, such as executive director.

(c) The administer shall complete and submit a new application and obtain a new approval prior to operating the IDCMP after a change in ownership.

(d) The IDCMP shall inform the department in writing as soon as possible of any changes relative to the approved program that will or have the potential to disrupt service delivery.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

Part He-A 504 Idcmp Requirements

N.H. Code Admin. R. Ann. He-A 504.01 Electronic Client Record System {#sec-he-a-504.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.01}

(a) IDCMPs shall use the electronic client record system provided by the department, called Web Information Technology System (WITS) to record the following data required by the department:

(1) Client profile;

(2) Intake transaction;

(3) IDCMP care management plan;

(4) Billing information for the state fee; and

(5) Miscellaneous notes regarding completion, non-compliance, or non-completion for IDEPs, and IDCMPs.

(b) The department shall make available to all approved IDCMPs training on the proper use of WITS modules specifically developed for the purposes outlined in (a) above.

(c) The department shall also maintain technical assistance for all approved providers on an ongoing basis during normal business hours, Monday through Friday.

(d) All new providers shall participate in this training to maintain their approved status.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 504.02 Privacy and Confidentiality {#sec-he-a-504.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.02}

(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 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.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 504.03 Acceptance of Clients {#sec-he-a-504.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.03}

All IDCMPs, IDEPs, and IDSPs shall accept as a client any person without regard to race, ethnicity, religion, gender identity, sexual orientation, disability, language proficiency, or need for interpreter services.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 504.04 IDCMP Operational Requirements {#sec-he-a-504.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.04}

(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, and conduct other relevant business.

(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 administrator, who shall be responsible for the day-to-day operation of the IDCMP;

(2) At least one LADC or MLADC, who may also act as the program administrator;

(3) A care manager, who may also act as the program administrator, and who shall be responsible for ensuring clients’ compliance with their service plans and conduct case management services; and

(4) At least one IDEP instructor, who may be the same individual as (1), (2), or (3), certified in accordance with He-A 509; and

(5) Other staff as needed to provide services, such as overnight staff for a weekend IDEP (WIDEP).

(h) 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 grievance procedures;

(2) Regulation of weapons of any kind on the premises, as consistent with state and federal laws;

(3) Prohibition of alcohol and 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) If providing WIDEP services, a 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;

(10) Agency contingency plans for unforeseen events such as loss of key personnel such as the executive director and provide a plan for the continuation of services without disruption to clients; and

(11) Any other relevant policies and procedures.

(i) In addition to the electronic client record maintained in WITS described in He-A 504.01, the IDCMP shall maintain a secure electronic health record (EHR), either through the state provided WITS or other EHR where they document all client contact. The IDCMP may also maintain a secure paper record for each client to include documents related to the client’s services at the agency.

(j) Client records shall be maintained for a period of 7 years from the date of the client’s last attendance of the program, or the date of program completion, whichever is later.

(k) The IDCMP shall report, in writing, to the department, within one business day, any critical incident or sentinel event, or both occurring at the IDCMP.

(l) The IDCMP shall respond to all department requests for follow-up information regarding a critical incident or sentinel event within 48 hours of the request.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 504.05 Physical Environment {#sec-he-a-504.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.05}

(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 with clients cannot be overheard;

(2) Office and administrative space where staff can work privately with clients;

(3) Secure areas for the protection and confidentiality of records; and

(4) Waiting room area.

(1) Develop and implement smoking policies; and

(2) Designate smoking areas in accordance with RSA 155:66-69.

(d) IDCMPs shall be in possession of a current Certificate of Occupancy pursuant to Saf-C 8102.043 for each service site.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 504.06 Complaints {#sec-he-a-504.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.06}

(a) The department shall investigate complaints that allege a violation of He-A 500.

(b) The following items shall 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:

(1) The required elements of a service plan;

(2) Changes to a service plan;

(3) Compliance with the required elements of a service plan;

(4) Diagnosis; and

(5) IDCMP completion status.

(c) These items in (b)(1)-(5) shall not be investigated by the department as a violation of He-A 500 until an appeal request has been filed pursuant He-A 504.06(b), and the hearing concluded.

(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 comply with any administrative remedies as directed in He-A 504.05 and He-A 504.06.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 504.07 Program Compliance Monitoring {#sec-he-a-504.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.07}

(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) Conduct an audit of records and policies to ensure compliance with He-A 500;

(2) Monitor any program or service provided by the IDCMP; and

(3) Verify the implementation of any 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 normal business hours.

(c) If the department is unable to conduct program compliance monitoring on-site, the IDCMP shall allow full access to the IDCMP client records in their EHR, or upload client records to the secure site provided by the department.

(d) Visits by a department representative shall include the review of any element in He-A 500 related to the provision of impaired driver services.

(e) IDCMP staff shall cooperate fully with and answer all questions of department representatives regarding the provision of impaired driver services.

(f) The department shall provide the IDCMP with a written notice of non-compliance for violations of He-A 500 identified during an audit or program monitoring.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 504.08 Administrative Remedies {#sec-he-a-504.08 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.08}

(a) After issuing a notice of non-compliance the department shall impose administrative remedies for violations of He-A 500, including:

(1) Requiring an IDCMP to submit a POC or quality improvement plan (QIP);

(2) Imposing a directed POC upon an IDCMP; or

(3) Withdrawal of an approval to operate an IDCMP or an IDEP, or both.

(b) A POC shall be developed and enforced in the following manner:

(1) Upon receipt of a final report outlining the notice of non-compliance, the IDCMP shall submit a POC detailing:

a. How the IDCMP intends to correct each deficiency;

b. Using SMART goals, 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 30 calendar days of the date on the notice in (1) above, unless an extension request, made in writing, has been approved by the department;

(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, using SMART goals;

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

d. If the revised POC is not acceptable to the department the IDCMP shall be subject to a directed POC in accordance with (c) below.

(c) The department shall develop and impose a directed POC that specifies corrective actions for the IDCMP to implement, without first requiring a POC that is not directed, when:

(1) As a result of an audit or 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.

(d) The department shall verify the implementation of any POC through on going monitoring.

(e) If at the time of the next audit the directed POC has not been implemented by the completion date stated in the POC, the department shall, as appropriate:

(1) Deny an application for a renewal of an approval; or

(2) Withdraw the approval in accordance with He-A 504.09(b).

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 504.09 Non-compliance Actions, Revocations, and Hearings {#sec-he-a-504.09 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.09}

(a) At the time of denying an application for approval or revoking an approval, the department shall send to the applicant or IDCMP written notice of non-compliance 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 non-compliance 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 other applicable state or federal laws or rules, or allowed conditions to exist, which violates or has 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 the required components of a POC that has been accepted or imposed by the department in accordance with He-A 504.08; or

(4) The IDCMP has failed to deliver the agreed-upon services or maintain applicable provider standards.

(c) The department shall order the immediate suspension of a certification and the cessation of operations when it finds that the health, safety, or welfare of a client is in jeopardy and requires emergency action in accordance with RSA 541:A-30.

(d) If an immediate suspension is upheld, the IDCMP shall not resume operating until the department determines the applicant or IDCMP has implemented appropriate measures to ensure the health, safety, or welfare of clients is no longer in danger, after a department approved plan of correction has been completed.

(e) An applicant or an IDCMP shall have 30 calendar days after receipt of the notice of emergency revocation action to request a hearing to contest the action.

(f) If a written request for a hearing is not made pursuant to (e) above, the IDCMP shall waive its right to a hearing and the action of the department shall become final.

(g) Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.

(h) No ongoing non-compliance action shall preclude the imposition of any remedy available to the department under RSA 541-A:30, III, or He-A 500.

(i) When an IDCMP’s approval has been denied or revoked, the IDCMP administrator, or agency associated with the IDCMP shall not be eligible to reapply for an approval or be employed as an administrator of an IDCMP for at least one year.

(j) The one year period referenced in (i) above shall begin on:

(1) The date of the department’s decision to withdraw or deny the approval, if no request for an administrative hearing is requested; or

(2) The date a final decision upholding the action of the department is issued, if a request for a hearing is made and a hearing is held.

(k) Notwithstanding (i) above, the department shall consider an application submitted after the decision to withdraw or deny becomes final, if the applicant demonstrates that circumstances have changed to the extent that the department now has good cause to believe that the applicant has the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of RSA 265-A:40, He-A 500, and any other applicable state or federal laws or rules.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 504.10 Waivers {#sec-he-a-504.10 omnilex-key=us-nh-regs-official--agency-he-a--He-A 504.10}

(a) The commissioner shall waive any element or portion of these rules if the commissioner determines that such a waiver would rectify problems unforeseen by the rules or 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 an IDCMP program administrator or designee and shall be submitted to the commissioner.

(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; and

(2) The IDCMP has provided a valid explanation for why a waiver is necessary.

(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.

(g) Waivers shall be resubmitted for renewal every 2 years, or as determined by the commissioner.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

Part He-A 505 Schedule of Fees and Charges

N.H. Code Admin. R. Ann. He-A 505.01 Schedule of Fees and Charges {#sec-he-a-505.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 505.01}

(a) Pursuant to RSA 265-A:40, IV, persons receiving services from an impaired driver care management program and from education or treatment programs included in the service plan shall be responsible for the fees assessed by such programs.

(b) IDCMPs shall charge a client no more than the following amounts:

(1) A $100 fee for an intake or screening, which shall be valid for 6 months from the date of the completed intake or screening. If the client is not in compliance with a service plan or has not completed a requested evaluation from the date of the initial screening, a new intake shall be conducted at the client’s expense;

(2) A $275 fee for a substance use disorder evaluation, which shall be valid for 6 months from the date of the evaluation. If the client does not start treatment within that 6 month period, the client will be subject to a new evaluation at the client’s expense, if the client is not in compliance with their service plan;

(3) A $80 monthly or $20 weekly administrative fee for case management services, which shall be in place from the date the service plan was developed with the client. The administrative fee and services shall continue until the client is deemed completed by the IDCMP, or until a notice or non-compliance is sent to the client;

(4) A $400 fee for an IDEP, including all course materials;

(5) A $650 fee for an in-person, overnight, weekend education program, including all course materials and room and board;

(6) A $70 per client fee, 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 via money order and collected by the IDCMP at intake;

(7) A $130 fee 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 507.05(i) and (k);

(8) An amount equal to the cost for the IDCMP to provide any drug or alcohol testing services to individual clients;

(9) For individuals who choose to receive all services outside of New Hampshire, in accordance with He-A 506.01:

a. An out-of-state client fee of $350 which shall be paid by clients who receive all evaluation, treatment, and educational services out-of-state, to cover the cost of intake or registration, service plan development and monitoring, as applicable, electronic data systems requirements, verification or out-of-state education and clinical requirements, and completion reporting, as applicable; and

b. The per client fee in (6) above shall not be paid by clients who receive all services out-of-state;

(10) The amount of the fees charged by a financial institution for every payment made by a client by credit card, for services described in (b)(1) through (b)(9); and

(11) No-show fees for missed IDCMP appointments which shall:

a. Be set by the IDCMP;

b. Be no more than the cost of the appointment; and

c. Not apply to clients who are less than 15 minutes late to an appointment, or clients attending IDEP, who are subject to He-A 507.07(a)-(e).

(1) What acceptable forms of payments are allowed to pay for services rendered; and

(2) What applicable transaction fees are associated with each form of payment for any fee described in He-A 500.

(d) 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 fee that is being paid for by a publicly funded program or by insurance; and

(3) If an IDCMP, during the course of case management services, assists client in acquiring third party services, such as psychiatric or peer support. Clients shall be responsible for any fees associated with these services and billing shall not occur via the IDCMP.

History

#10240, eff 1-1-13; ss by #10438, INTERIM, eff 10-10-13; ss by #10564, eff 4-8-14; ss by #13742, EMERGENCY RULE, eff 10-24-22, EXPIRED: 4-23-23, reverted back to #10564; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 505.02 Reduced Fees for Hardship {#sec-he-a-505.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 505.02}

(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 New Hampshire residents for IDEPs and per client fees 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, in the client’s name, and can verify New Hampshire residence:

a. Temporary assistance to needy families;

b. Social Security disability;

c. Supplemental security income;

d. State supplemental program financial assistance; or

e. Veteran disability; and

(2) IDCMPs shall reduce the IDEP fees charged to the client by 50% and waiver the state per client fee.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 505.03 Per Client Fee {#sec-he-a-505.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 505.03}

(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.

(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 payment for the per client fee in (b) above via a certified check or money order, made payable to “Treasurer-State of New Hampshire”.

(e) Within 14 calendar days of receiving from the client the per client fee, the IDCMP shall send to the department the per client fee, accompanied by a “Per Client Fee Transmittal Form” (January 2021) which includes the client name, and date the payment was received.

(f) Within 14 calendar days of receiving the per client fee, the IDCMP shall enter the payment information into WITS.

(g) An IDCMP shall not deem a client completed if the client does not pay the per client fee, unless the fee is waived in accordance with He-A 505.02.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

Part He-A 506 Program Participation Requirements

N.H. Code Admin. R. Ann. He-A 506.01 Requirements for Program Choice {#sec-he-a-506.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 506.01}

(a) Individuals who are convicted of a DUI in New Hampshire shall be required to complete all impaired driver program components within the state of New Hampshire, except as follows:

(1) Individuals who are not a resident of New Hampshire;

(2) 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

(3) 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 also apply to those individuals in (a)(2)-(3) 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.

History

#10240, eff 1-1-13; ss by #10438, INTERIM, eff 10-10-13; ss by #10564, eff 4-8-14; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 506.02 Out-of-State Residents and NH Residents Charged with Impaired Driving Out-of-State {#sec-he-a-506.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 506.02}

(a) Out-of-state residents shall complete programing in New Hampshire or within their state of residence.

(b) A face-to-face intake and registration shall be conducted by the IDCMP for those individuals who are completing programming out-of-state.

(c) If the out-of-state resident choses to complete programming in their state of residence, they shall register with a New Hampshire IDCMP to ensure that the programming completed in their home state is approved by that state.

(d) By obtaining all necessary documentation, including but not limited to a letter from the out-of-state entity detailing what the client completed or the client’s records, from the out-of-state entities from who the client received services, the New Hampshire IDCMP shall confirm that all required components have been completed.

(e) If an education program is a required component and is occurring out-of-state, the IDCMP shall obtain an education program completion report from the home state’s state approved education provider pursuant to (h)(2) below.

(f) If an evaluation or treatment is a required component, and is occurring out-of-state, the IDCMP shall verify the treatment provider meets the criteria described in (h)(1) below, and receive a completion report from the provider.

(g) In order to ensure that provider credentials meet applicable requirements in (h) below, a client may work with the IDCMP to verify a provider’s credentials prior to the service being provided for pre-approval by the IDCMP.

(h) Out-of-state provider credentials shall be as follows:

(1) Evaluation and treatment services shall be provided by:

a. Individuals possessing an applicable international certification and reciprocity consortium (IC&RC) sanctioned license, and are receiving appropriate supervision for that license; or

b. If the client resides in a non-IC&RC state, services shall be provided by individuals who are approved by that state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction; and

(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 shall be no less than 20 hours.

(i) The IDCMP shall report completions to the sentencing court(s), and the NH division of motor vehicles, as well as other states’ involved motor vehicle divisions, if applicable, once the out-of-state client has completed all required elements.

History

##10240, eff 1-1-13; ss by #10438, INTERIM, eff 10-10-13; ss by #10564, eff 4-8-14; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 506.03 Extenuating Circumstances for Enrollment Timeframe Compliance {#sec-he-a-506.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 506.03}

(a) The timeframes established in RSA 265-A:18 for scheduling and completing screenings and evaluations shall begin the day following the client’s conviction or the client’s release from the county correctional facility, whichever is later.

(b) 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, which the client shall take the next available opening; and

(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.

(d) Any approval of extenuating circumstances shall include a new required timeframe for compliance.

History

#10240, eff 1-1-13; renumbered by #10438 (from He-A 506.02); ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 506.04 Program Transfer {#sec-he-a-506.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 506.04}

(a) A client may voluntarily transfer to another IDCMP at any time.

(b) A client who voluntarily transfers to another IDCMP for services other than solely for education shall:

(1) Begin the program anew; and

(2) Undergo a new intake and screening and evaluation and incur all associated fees.

(c) A client who voluntarily transfers to another IDCMP for the education program shall register with the new IDCMP, without incurring any fees, aside from the education program fee.

(d) If a client is required to transfer from one IDCMP to another due to the temporary or permanent closure of the initial IDCMP, the client shall continue their services at the new IDCMP at the point in time where they left off with the initial IDCMP.

(e) The client shall not be required to pay any fees to the new IDCMP for programing that they already completed with the initial IDCMP, unless after consultation with the client’s IDSP, the new IDCMP has a valid clinical justification for requiring any services to be redone.

(f) If the client does not have an established IDSP, the IDCMP may consult with the agency’s clinical director, and if a determination is made that any services need to be redone, the IDCMP shall request approval from the department for this to occur.

History

#10240, eff 1-1-13; renumbered by #10438 (from He-A 506.03); ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 506.05 Convictions Which Occurred between January 1, 2013 and the January 2024 Effective Date of this Rule {#sec-he-a-506.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 506.05}

Clients who were convicted of an impaired driving offense between January 1, 2013 and the January 2024 effective date of this rule, who have not yet achieved license restoration, shall complete an IDCMP as described in He-A 500, effective by the January 2024 effective date of this rule, unless:

(a) The client has completed an intake with an IDCMP prior to the January 2024 effective date of this rule; and

(b) The client is not out of compliance, pursuant to He-A 507.06(j) between January 1, 2013 and the January 2024 effective date of this rule, in which case the client shall be eligible for restoration upon completion of the requirements as set forth in He-A 506.06.

(c) If the client has not completed an IDEP within 5 years prior to the client’s request to the DMV to have their license reinstated pursuant to RSA 265-A:42, the client shall be required to complete an IDEP.

History

#13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 506.06 Convictions Prior to January 1, 2013. {#sec-he-a-506.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 506.06}

(a) Pursuant to Chapter 228:11, Laws of 2012, a client convicted of an impaired driving offense and sentenced prior to January 1, 2013, who did not successfully complete sentencing requirements as of January 30, 2013 shall be required to participate in an IDCMP.

(b) If a client successfully completed their sentencing requirements before January 30, 2013, but has not yet achieved license restoration, the client shall have an intake appointment with an impaired driver program minus the screenings, and pay the fee in He-A 505.01(b)(1).

(c) After the intake appointment in (b) above, the IDCMP shall verify the client’s completion by obtaining from the department, another agency, or program in New Hampshire, which provided impaired driver services to the client, such as the multiple offender program (MOP), a phase II program, or an IDEP, the following documentation to confirm completion of the program:

(1) Completion report, or a report stating the client is eligible for license restoration;

(2) A current original certified copy of the client’s driver’s license record from all of the following, as applicable:

a. The state of New Hampshire division of motor vehicles; or

b. The state in which the client holds a driver’s license, if a non-resident; and

(3) Any other relevant information related to the client’s completion.

(d) All requirements set forth in He-A 507.03(g) and He-A 507.06(k)(1) for prosecutor notification shall not apply.

(e) If the client is not eligible for license restoration due to not completing any component of their sentencing requirement, except the payment of fees, or if there is no available evidence of completion, the client shall be required to contact an IDCMP and follow all requirements set forth in He-A 500, and of the sentencing court.

History

#13846, eff 1-6-24, EXPIRES: 1-6-34

Part He-A 507 Impaired Driver Care Management Programs Operation

N.H. Code Admin. R. Ann. He-A 507.01 IDCMP Intake {#sec-he-a-507.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 507.01}

(a) All individuals convicted of an impaired driving offence shall contact an IDCMP after they are convicted.

(b) Individuals shall obtain the required documents and complete an intake and screening within the required timeframe outlined in the court conviction paperwork, either 14 or 30 days from conviction.

(d) The initial intake shall include the following steps:

(1) Each client shall provide the IDCMP with the following documentation at the time of intake, which shall then be reviewed:

a. A current original certified copy of the client’s driver’s license record, printed within the past 60 days, from all of the following, as applicable:

The state of New Hampshire department of safety, division of motor vehicles;
The state in which the client holds a driver’s license, if a non-resident; and
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 drugs;

b. Superior or district court orders or case summary;

c. Chemical test results, if any were performed, or documentation of the client’s refusal to submit to chemical tests, either via the results themselves or as stated on the arrest report narrative;

d. A copy of the client’s arrest report or arrest narrative, or both relating to conviction;

e. Documentation of proof of completion of a department-approved impaired driver education program if such a program has been completed within 5 years prior to the client’s request to the DMV to have their license reinstated, pursuant to RSA 265-A:42; and

f. The client’s criminal record, in a format to be determined by the individual IDCMP’s policy;

(2) Screening of first-time offenders, as described in He-A 507.02, and, if needed, the scheduling of an impaired driver evaluation shall take place. The evaluation may be conducted on the same day as the intake and screening;

(3) Impaired driving evaluation of individuals convicted of an aggravated, second, or subsequent DWI offense, which shall include the screening tools in He-A 507.02(b).

(4) Referral to or scheduling attendance at an IDEP if the client has not provided proof of completion of a department-approved IDEP within 5 years prior to the client’s request to the DMV to have their license reinstated pursuant to RSA 265-A:42.

(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) Securing release(s) of information; and

(7) Payment of the per client fee described in He-A 505.03 by the client.

(e) Failure to provide the documentation in (d)(1) above shall prevent a completion report from being finalized and sent to the DMV until such documentation is provided.

(f) IDCMPs shall have their own policies and procedures related to the provision of documentation in (d)(1).

(g) If new information is obtained from the documentation in (d)(1) above that was not previously disclosed to the IDCMP, this may result in an evaluation being needed, if not already conducted, additional treatment being required, and a service plan being implemented.

(h) Failure to provide the documentation related to (d)(4) above shall prevent a completion report from being finalized and sent to the DMV until such documentation is provided or the client completes an IDEP.

(i) Failure to provide the per client fee in He-A 505.01 (b)(6) shall not prevent the intake from being conducted, but shall prevent a completion report from being finalized and sent to the DMV.

(j) At the time of intake, the IDCMP shall inform the client, in writing, of the following information, and obtain the client’s written acknowledgment that such information was provided and agreed to:

(1) The rules of the program, including attendance requirements and the consequences of tardiness and unexcused absences;

(2) Expectations of both the IDCMP and the client;

(3) The requirements and procedures for completion of the program and license reinstatement;

(4) The rules contained in He-A 500 that require the client’s adherence; and

(5) The consequences of failure to complete the program.

(k) Notice of any scheduled appointments shall be proved to the client in writing;

(l) Each client shall sign a 42 CFR Part 2 compliant release of information for each of the following:

(1) The department, for purposes of technical assistance, quality management, and audit program and oversight pursuant to (m) below;

(2) All other IDCMPs to communicate regarding all aspects of the client’s involvement in an IDCMP, should the client choose to participate in a different IDCMP; and

(3) Any IDSPs involved with treatment related to the current offense to communicate regarding all aspects of the client’s engagement and progress in treatment.

(m) Each client shall sign and date a “Web Information Technology System (WITS) Information Use Acknowledgement for Clients Not Receiving Bureau of Drug and Alcohol Services (BDAS) Funded Services” form (December 2023), acknowledging the following:

“You are receiving services from a provider that utilizes the WITS system for client record keeping purposes. Any client information entered into the WITS system is protected by federal law (42 CFR, Part 2) and the department of health and human services (DHHS), which prohibits disclosure of the information without client consent except in very limited circumstances.

Because the WITS system is maintained by BDAS, certain DHHS employees are authorized to access the information that is entered into the WITS system. These DHHS employees are bound by State and Federal law (42 CFR, Part 2) to keep the information in WITS confidential and to only access it for legitimate business purposes. In general, once information is entered into WITS, it cannot be removed. As stated above, the sharing of client identifiable information outside of the Department without written consent from the client is prohibited by 42 CFR, Part 2. Some examples of when client information is accessed and how it is used are:

• Technical assistance with utilizing the WITS system;

• Technical assistance with clinical decision making upon provider request; and

• Reporting of deidentified client data to meet legislative and other administrative requests.

You have the right to choose whether or not your personal information is entered into the WITS system.

By signing below, I indicate that I understand that having my personal information entered into the WITS system will result in DHHS employees having access to that information for legitimate business purposes. I also attest that I have completed a 42 CFR, Part 2 compliant consent to allow my provider to release my personal information to BDAS through use of the WITS system.”

(n) Failure to sign the releases in (j) and (k) above shall prevent the intake from being completed.

(o) An IDCMP shall not accept for services a client who presents with court documentation that specifies a different IDCMP. The client shall attend the court-ordered IDCMP, or have the order changed by the court.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 507.02 Alcohol and Drug Use Screening {#sec-he-a-507.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 507.02}

(a) Pursuant to RSA 265-A:18, I(a)(3), non-aggravated, first-time offenders shall submit to a face-to-face alcohol and drug misuse screening at the intake.

(b) The IDCMP shall utilize the Behavior Data System’s, “Driver Risk Inventory-II (DRI-II)” (2007 edition), available as noted in Appendix A, as screening tools.

(c) Any IDCMP staff that has been trained in the proper administration and interpretation of the tools in (b) above shall be allowed to administer this tool, and interpret and inform the client of the results, as described in (d) and (e) below.

(d) IDCMP staff shall review the results of the screening tool and the documents in He-A 507.01(c)(1) and refer the client for an evaluation if any of the following is true:

(1) The DRI-II alcohol scale score is at the 50th percentile or greater;

(2) The DRI-II drug scale score is at the 50th percentile or greater;

(3) The stress coping ability scale is 90th percentile or greater;

(4) The DRI-II truthfulness scale score is at the 90th percentile or greater;

(5) The client has had more than one DWI conviction in this or any other state in their lifetime;

(6) The client refused to have a urine or breath tested prior to, or during the arrest process, as described in RSA 265-A:4;

(7) The client was age 21 or over and had a blood alcohol concentration (BAC) of 0.16 or higher at the time of arrest;

(8) The client was under the age of 21 and had a BAC of 0.08 or higher at the time of arrest;

(9) The client has a documented history of a substance use disorder; or

(10) It is the IDCMP clinical staff’s determination that the client may warrant a substance use disorder diagnosis.

(e) 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)(1).

(f) If referred for an evaluation, 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.

(g) The evaluation may be conducted on the same day as the screening.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 507.03 Substance Use Disorder Evaluation {#sec-he-a-507.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 507.03}

(a) A substance use disorder evaluation shall be conducted face-to-face and be conducted when:

(1) Clients met the criteria outlined in He-A 507.02(d);

(2) The client was convicted of an aggravated, second, or subsequent DUI offense; and

(3) New information is revealed during the IDEP, IDSP, or other treatment provider sessions, or otherwise learned by the IDCMP pursuant to He-A 507.01(d), that indicated the appropriateness of an evaluation.

(b) 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 (c) 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);

(3) A NH licensed psychologist with a certificate from the American Psychological Association for the treatment of alcohol and other psychoactive substance use disorders; or

(4) A LADC or MLADC in training who is actively working towards the NH LADC credential under appropriate supervision, and 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:

A 6-hour minimum training on ethics;
A 6-hour minimum training on suicide prevention;
A training on ASAM criteria; and
A training on conducting substance use disorder evaluations;

c. Does not have the required number of hours yet to apply for licensure but is currently working towards those hours; or

d. Meets one of the following:

Is 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 and has completed the trainings in He-A 507.03(b)(4)b. above; or
Has a master’s 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, and has completed the trainings in He-A 507.03(b)(4)b. above.

(c) An evaluation shall be in accordance with Substance Abuse and Mental Health Services Administration’s (SAMHSA), “TAP 21: Addiction Counseling Competencies” (2017 revision), available as noted in Appendix A, and include the administration and review of:

(1) The Behavior Data System’s, “Driver Risk Inventory-II (DRI-II)” (2007 edition), available as noted in Appendix A, 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 screen again;

(2) An evaluation tool that includes:

a. Diagnostic information from the American Psychiatric Association’s, “Diagnostic and Statistical Manual for Mental Disorders (DSM-5)” (5th edition, 2013), available as noted in Appendix A;

b. An assessment based on the American Society of Addiction Medicine’s (ASAM) “The ASAM Criteria”, (3rd Edition, 2013), available as noted in Appendix A; and

c. The principals from the SAMHSA’s, “TAP 21: Addiction Counseling Competencies” (2017 revision), available as noted in Appendix A; and

(3) Any other diagnostic instruments, screenings, or assessment tools the IDCMP deems appropriate, with prior approval of the department, or as required by the department.

(d) An evaluation summary shall include the following elements:

(1) The results of the instruments in He-A 507.03(c);

(2) Relevant information related to the client’s arrest history, DUI history, arrest narrative, and case summary;

(3) A written biopsychosocial history of the client;

(4) A substance use disorder DSM-5 diagnosis, if applicable;

(5) A description of the client’s needs in each ASAM dimension as described in the ASAM’s, “The ASAM Criteria” (3rd Edition, 2013), available as noted in Appendix A;

(6) ASAM level of care attendance requirements as outlined in the ASAM’s, “The ASAM Criteria” (3rd Edition, 2013), available as noted in Appendix A; and

(7) Treatment and service plan requirements.

(e) A service plan and substance misuse treatment shall be required if any of the following is noted in the evaluation summary:

(1) The client has had more than one DWI conviction or was required to attend an impaired driver program in this or any other state within the past 10 years;

(2) The client was age 21 or over and had a BAC of 0.16 or higher at the time of arrest;

(3) The client was under the age of 21 and had a BAC of 0.08 or higher at the time of arrest;

(4) The client meets diagnostic criteria for an active substance use disorder in accordance with the American Psychiatric Association’s, “Diagnostic and Statistical Manual for Mental Disorders (DSM-5)” (5th edition, 2013), available as noted in Appendix A;

(5) The client meets the ASAM requirements for needing treatment in any ASAM level of care; or

(6) The evaluator has any other clinically justifiable reason for determining that there is the need for treatment, which must be document by the evaluator.

(f) If there is determined to be a need for a service plan and treatment, 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, based on recommendations in the evaluation pursuant to RSA 265-A:18, RSA 265-A:19, RSA 265-A:40, and RSA 265-A:42;

(2) Meet with the client to discuss, at minimum:

a. The results of the evaluation;

b. The service plan requirements;

c. 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

d. Referral to treatment and recovery support providers, including the client’s option to receive services from the IDSP of their choice and the requirements thereof. The client shall choose an IDSP, either at this meeting or by notifying the IDCMP of the choice by the date specified in the service plan;

(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. The reason for refusal shall be documented.

(g) The IDCMP shall notify the client’s prosecutor if the client does not complete the evaluation within the timeframe required by the court, or pursuant to the statutory timeframes outlined in RSA 265-A.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 507.04 Service Plan Development {#sec-he-a-507.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 507.04}

(a) Within 14 days of the evaluation, the IDCMP shall develop and discuss an individual service plan for treatment and recovery with each client for whom it is required, based on the evaluation’s recommendations.

(b) Individual service plans shall be developed with the client, and in a way that acknowledges the client’s:

(1) Cultural sensitivities;

(2) Education level;

(3) Reading ability;

(4) Language comprehension; and

(5) Cognitive ability.

(c) Case management shall be a part of the service plan and shall begin once the service plan is developed with the client and include but not be limited to the following:

(1) Assisting clients with acquiring third party services, such as psychiatric or peer support services; and

(2) Assisting clients with obtaining required documentation.

(d) The frequency of case management meetings shall be based on the individual needs of the client, and no less than once per month.

(e) The type, duration, and frequency of case management meetings may be updated or changed based on drug screen results, compliance with the service plan or lack thereof, or after consolation between the IDCMP and the IDSP.

(f) In addition to (c) above, individual service plans shall contain, at a minimum, the following elements:

(1) The types and frequencies of required or recommended treatment and recovery services, or other supportive services, as outlined in (g) below;

(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) Any required drug or alcohol testing as ordered by the court or as otherwise clinically indicated;

(4) An abstinence monitoring regimen as ordered by the court or if clinically indicated, as applicable;

(5) The requirement to complete an IDEP if the client has not provided documentation of proof of completion of a department-approved impaired driver intervention program within 5 years prior to the client’s request to the DMV to have their license reinstated pursuant to RSA 265-A:42;

(6) Dated signature of the IDCMP clinical staff; and

(7) Dated signature of the client, or an indication of the client’s refusal to sign.

(g) The following minimum duration of counseling and number of clinical sessions with an IDSP shall be required by each service plan:

(1) For clients with one DWI in their lifetime, a minimum of 6 outpatient counseling sessions shall be required within a time-frame documented in the service plan;

(2) For clients with 2 DWIs in their lifetime, a minimum of 20 outpatient counseling sessions shall be required within a time-frame documented in the service plan; or

(3) For clients with 3 or more DWIs in their lifetime, a minimum of 26 outpatient counseling sessions shall be required within a time-frame documented in the service plan.

(h) The minimum duration of counseling and number of clinical sessions with an IDSP in (g)(1)-(3) above may be individualized if, based on the results of the evaluation and in accordance with the ASAM criteria, the IDCMP makes and documents a clinical determination that the client:

(1) Is in need of a higher ASAM level of care than outpatient, the IDCMP shall refer the client to the appropriate ASAM level of care for a duration of time to be determined by the IDCMP in consultation with the IDSP at that level of care;

(2) Is in need of fewer or more than the minimum number of outpatient sessions, the client shall be required to attend the revised number of sessions, and the service-plan shall reflect the revised number of sessions; or

(3) Would be better served by a treatment provider, other than an IDSP, or requires treatment services ancillary to IDSP services, the IDCMP shall require the client to attend this treatment.

(i) If, while the client is receiving the required number of sessions, the IDSP, or other provider makes a clinical determination that the client is in need of fewer or more than the recommended number of sessions, then they shall consult with the IDCMP, and the client shall be required to attend the revised number of sessions, and the service-plan shall be updated to reflect the revised number of sessions.

(j) For all third and subsequent offenders, after the required number of sessions in (g)(3) above, the IDCMP shall consult directly with the IDSP, or other treatment provider to document a clinically valid justification for why additional sessions , or are not, required.

(k) In cases where the IDSP and IDCMP, or other treatment provider disagree on the evaluation findings, or service plan requirements, the IDSP and a clinical provider from the IDCMP shall work together to come to an agreement and document the associated effort.

(l) If an agreement in (k) above is unable to be reached:

(1) The stricter requirement shall be followed; and

(2) The client shall be notified of their right to a hearing with the Department of Safety, pursuant to RSA 265-A:40, VI, and Saf-C 204.20.

(m) The IDCMP shall consider, and incorporate as necessary, any requirements not completed from previous impaired driver convictions when developing the service plan for the most recent impaired driver conviction.

(n) A recommendation for engagement with community-based support groups may be required in the IDCMP’s service plan, however, a specific modality of community-based support shall not be required.

(o) 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 challenge the requirements of the service plan or any changes made to the service plan.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 507.05 Drug and Alcohol Testing {#sec-he-a-507.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 507.05}

(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 or may administer on-site rapid drug or breathalyzer tests, if there is reasonably suspicion that the client is impaired, or if there is another clinical justification to do so.

(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 or BAC, if clinically indicated.

(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) If a client refuses a drug or breathalyzer test or does not show up for a drug or breathalyzer test within the required time frame, it shall be treated as a positive test.

(h) If a client has a positive drug or breathalyzer test, the IDCMP and the IDSP shall review the service plan and determine if further counseling, or case management, or both is clinically indicated.

(i) Clients shall be responsible for the cost of sample collection and testing done at an outside testing site and for any rapid tests conducted on-site.

(j) There shall be no conflict of interest between an IDCMP and an outside testing site.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 507.06 Case Management, Service Plan Monitoring, and Compliance. {#sec-he-a-507.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 507.06}

(a) The IDCMP shall monitor the client’s compliance with the service plan via case management meetings with the client.

(b) Case management meetings shall be either face-to-face or via telephone, depending upon the needs of the client and be documented in the client’s record, including the subject(s) of discussion.; and

(1) The review shall document the degree to which the client is meeting service plan requirements;

(2) The review shall document any case management needs the client has;

(3) The review shall document any drug or alcohol screening results; 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.

(d) 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 challenge any changes made to the service plan.

(e) Along with case management meetings with the client, 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 monthly progress reports submitted by the client’s IDSP in accordance with He-A 510.12(a)(1) or speak with the IDSP directly;

(2) If monthly progress reports are not received, the IDCMP shall directly contact the client’s IDSP for updates on the client’s progress; and

(3) The IDCMP shall provide to the IDSP any new information about the client deemed relevant to the client’s compliance with the service plan.

(f) The IDCMP shall not charge the client for any contact with the client’s IDSP.

(g) If the IDCMP believes that an IDSP’s progress reports are of poor quality, the IDCMP shall notify the department.

(h) 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.

(i) 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 (j) below:

(1) The client does not start receiving treatment or recovery services within the timeframe established in He-A 507.04(e)(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 has more than one unexcused absence from more than one scheduled case management meeting 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 or case management meeting, 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 or case management meeting and refuses to submit to drug or alcohol screening;

(6) Abstinence is required by the court and the client is not abstinent;

(7) If 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 drug or alcohol testing and the client refuses to submit to drug or alcohol testing in a timely manner.

(j) 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, and the DMV of such non-compliance; and

(2) Notify the client in writing that notice of non-compliance has been submitted.

(k) If, within 6 months of a notice of non-compliance being sent in accordance with (j) above, a client begins, continues, or returns to treatment 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, but shall begin charging the case management fee outlined in He-A 505.01(b)(3).

(l) If a client does not begin, continue, or return to treatment or recovery within 6 months of a notice of non-compliance being sent in accordance with (j) 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 can commence.

(m) 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 (j) above, the IDCMP may charge the client a fee pursuant to He-A 505.01(b)(7) for each day that the IDCMP staff is required to attend a court proceeding.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 507.07 IDCMP Completion {#sec-he-a-507.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 507.07}

(a) The IDCMP shall send a written completion report to the sentencing court and the DMV, and shall enter the information into the state provided electronic records system, within 5 business days of any of the following:

(1) It is determined by the screening that the client does not need an evaluation, the client has completed an IDEP, and the client has paid all fees required by He-A 500;

(2) The client has not been referred to treatment after the evaluation, the client has completed an IDEP, and the client has paid all fees required by He-A 500; or

(3) The client has been referred to treatment after the evaluation, the client has adhered to all requirements of the service plan including completing all treatment requirements, the client has completed an IDEP, and the client has paid all fees required by He-A 500.

(b) For it to be considered complete, the completion of an IDEP described in (a) above shall occur within the 5 years prior to the client’s request to the DMV to have their license reinstated pursuant to RSA 265-A:42.

(d) An IDCMP shall inform clients that they shall not be eligible for license restoration until, at a minimum, a completion report described in (a) above is sent and all outstanding fees owed to impaired driver programs and service providers, and the state of New Hampshire related to previous convictions have been paid in full.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 507.08 Absence from a Scheduled IDCMP Component {#sec-he-a-507.08 omnilex-key=us-nh-regs-official--agency-he-a--He-A 507.08}

(a) An excused absence from any scheduled IDCMP component 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) Unforeseen 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) Except for an IDEP session described in He-A 508.07(d), 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 IDCMP shall not allow a client to attend programing if the client is impaired due to any substance.

(e) If the client is found to be impaired 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; and

(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.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34 (formerly He-A 507.09)

Part He-A 508 Impaired Driver Education Programs

N.H. Code Admin. R. Ann. He-A 508.01 IDEP General Requirements {#sec-he-a-508.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 508.01}

(a) All IDEPs shall be part of an IDCMP.

(b) A non-weekend IDEP shall not provide overnight accommodations to clients.

(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.

History

#13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 508.02 IDEP Scheduling Requirements {#sec-he-a-508.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 508.02}

(a) Each IDEP shall conduct regularly scheduled sessions to ensure course completion on a timely basis for all clients.

(b) A non-weekend IDEP shall provide, at a minimum, 20 hours of evidence-based educational curriculum, the general schedule for which shall be approved by the department if the requirements of He-P 508.02 are met. Each cycle shall last no longer than 4 weeks. Daily schedules shall be of uniform length.

(c) Educational sessions shall be face-to-face and shall include at least one educational cycle that is available in-person every 3 months.

(d) 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 about other IDEPs that may be able to schedule the client sooner.

(e) 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.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 508.03 Section Size {#sec-he-a-508.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 508.03}

(a) The minimum section size shall be 6 clients.

(b) The maximum section size shall be 20 clients.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 508.04 IDEP Curriculum {#sec-he-a-508.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 508.04}

(a) In order for a curriculum to be considered evidence-based and approved for use by the department, as required by RSA 265-A:39, II, it shall meet one of the following requirements:

(1) It shall have been published in a peer-reviewed journal and have been found to have positive effects; or

(2) 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 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 (b) above, including obtaining clients’ written acknowledgment that such information was provided and that they agree to comply with the program’s rules.

(d) An IDEP and weekend IDEP shall offer sessions featuring group discussions regarding the following in addition to the information covered by the evidence-based education, if the education does not already contain it:

(1) Physiological and medical effects of toxic substances on the body;

(2) Psychosocial effects of substance misuse, focusing on consumption;

(3) Identification of substance misuse and impaired driving behaviors and patterns as related to alcohol and other drug misuse;

(4) The impact of psychological defense mechanisms;

(5) The impact of substance misuse on the family;

(6) Social and personal attitudes toward substance misuse;

(7) The effects of substance misuse on employment; and

(8) Available treatment options.

(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.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 508.05 Documentation and Notice of New Information {#sec-he-a-508.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 508.05}

(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 or in (c) below.

(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.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 508.06 Films and Resource Materials {#sec-he-a-508.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 508.06}

(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.

(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.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 508.07 IDEP Attendance and Completion Requirements {#sec-he-a-508.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 508.07}

(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 507.08(a)(1) and (2) 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 not allow the client to participate if they are more than 15 minutes late for any IDEP session; and

(2) If the client is more than 15 minutes late the IDEP shall require the client to restart the program beginning with the missed session and may charge the client an additional fee of no more than 50% of the original IDEP fee, regardless of which session the client restarts.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

Part He-A 509 Impaired Driver Education Program Instructor Certification

N.H. Code Admin. R. Ann. He-A 509.01 Certification Required {#sec-he-a-509.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 509.01}

(a) No person shall facilitate an IDEP session unless he or she is certified as an IDEP instructor in accordance with He-A 509.

(b) The IDCMP shall ensure that instructor certification is valid prior to allowing the instructor to conduct an IDEP session.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24

N.H. Code Admin. R. Ann. He-A 509.02 Minimum Qualifications for Certification {#sec-he-a-509.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 509.02}

To qualify for certification as an IDEP instructor, the applicant shall meet the following requirements:

(a) Have a minimum of an associate’s degree in social sciences or related field, except individuals with a high school diploma or HiSET, who were certified as an IDEP instructor between 2013 and the January 2024 effective date of this rule, shall be exempt from this requirement;

(b) Document a minimum of one year’s full-time work experience in the field of social services, mental health, substance use disorders, or comparable field, as approved by the IDCMP;

(c) Have one year’s full-time work experience in group counseling or otherwise formal group activities facilitation, as approved by the IDCMP;

(d) Document, within the past 2 years, 24 hours of education or training outlined in (e) below. Such education or training shall be approved by:

(1) NH Training Institute on Addictive Disorders;

(2) NAADAC, The Association for Addiction Professionals;

(3) New England Institute of Addiction Studies;

(4) New England Addiction Technology Transfer Center;

(5) The NH board of licensing for alcohol and other drug use professionals in RSA 330-C; or

(6) Organizations deemed equivalent to the above by the department;

(e) The education and training required by (d) above shall be evidence-based and consist of, at a minimum:

(1) A 6-hour minimum training on ethics and boundaries;

(2) A training on motivational interviewing;

(3) A training on substance misuse; and

(4) A 6-hour minimum of suicide prevention training;

(f) The department shall review all courses for applicability to the field of substance misuse; and

(g) Document a minimum of 20 hours of co-facilitation in an IDEP class with a certified instructor, verified by the signature of the IDCMP program administrator.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 509.03 Certification Procedure {#sec-he-a-509.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 509.03}

(a) Each applicant for instructor certification shall submit the following to the department:

(1) A complete “IDEP Instructor Certification/Re-Certification Application” (December 2023) agreeing to:

“Comply with all applicable state and federal regulations, including He-A 500, and any and all program(s)/service(s) identified in this application”;

(2) A copy of the applicant’s:

a. Associate’s degree or other advanced degree; or

b. If previously approved as a NH IDEP instructor pursuant to He-A 509.02(a)(1), high school diploma or HiSET;

(3) A current résumé;

(4) A letter from the supervisor(s) of programing as described in He-A 509.02(b) and (c);

(5) Verification of the co-facilitation hours in He-A 509.02(g); and

(6) Evidence of training and education required in He-A 509.02(d), including a certificate of training or a letter of attendance from the course leader which includes the following:

a. The course titles;

b. The sponsoring agencies;

c. The dates of attendance; and

d. The number of course hours.

(b) Upon receipt of a completed application, the department shall review the documentation submitted and if the applicant meets the minimum qualifications listed in He-A 509.02, the department shall issue a certificate.

(c) If the applicant does not meet the minimum qualifications listed in He-A 509.02, the department shall deny the application.

(d) The department shall complete the certification procedure within 30 calendar days of the receipt of the completed application.

(e) IDCMPs may adopt their own certification and recertification standards that exceed minimum certification and recertification requirements as described in He-A 509.02.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 509.04 Certification Period {#sec-he-a-509.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 509.04}

A certificate for instructor certification shall expire after 5 years on the last day of the month it was issued unless a completed application for renewal has been timely received by the department. This shall not be the case if certification is revoked prior to the end of the 5-year period pursuant to He-A 509.06.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 509.05 Recertification {#sec-he-a-509.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 509.05}

(a) For an instructor to be recertified, they shall provide proof of working as an IDEP instructor for at least 24 months during the previous 5 years.

(b) They shall have obtained during the current certification period at least 24 hours of education, including, at a minimum, the topics of substance use disorders, ethics and boundaries, and suicide prevention. Such education or training shall be approved by:

(1) NH Training Institute on Addictive Disorders;

(2) NAADAC, The Association for Addiction Professionals;

(3) New England Institute of Addiction Studies;

(4) New England Addiction Technology Transfer Center;

(5) The NH board of licensing for alcohol and other drug use professionals in RSA 330-C; or

(6) Organizations deemed equivalent to the above by the department.

(c) No later than one month prior to the expiration of their certification, the applicant for recertification shall submit to the department a completed “IDEP Instructor Certification/Re-Certification Application” (December 2023), agreeing to “comply with all applicable state and federal regulations, including He-A 500, and any and all program(s)/service(s) identified in this application”, and include:

(1) A copy of the applicant’s most recent instructor certification; and

(2) Evidence of training and education required in (b), including a certificate of completion or a letter of attendance from the course leader that includes the following:

a. The course titles;

b. The sponsoring agencies;

c. The dates of attendance; and

d. The number of course hours.

(d) The department shall review all courses for applicability to the field of substance use.

(e) If the instructor whose certification has expired does not apply for recertification, their certification shall be deemed to have lapsed, and they shall be prohibited from facilitating an IDEP session or acting as a co-facilitator.

(f) To become recertified after a lapse of certification, the applicant for instructor certification shall submit an application for initial certification pursuant to He-A 509.03.

(g) A certified instructor may voluntarily terminate their certification by notifying the department in writing.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 509.06 Suspension and Revocation of Certification {#sec-he-a-509.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 509.06}

(a) The department shall suspend or revoke the certification of an instructor for any of the following reasons:

(1) Failure to act in accordance with He-A 500 or other relevant state or federal rules or laws;

(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 during IDEP instruction or instructor training that is offensive to class members due to its sexually explicit or sexually, racially, or ethnically derogatory nature, or violates the policies of the IDCMP for which the IDEP is working;

(6) Where the instructor has been convicted of any DWI or any drug or alcohol related offense within the current certification period, or within one year prior to the current certification period. The individual may reapply for certification one year after they have satisfied all court mandated requirements or IDCMP requirements.

(7) Failure to maintain client confidentiality in accordance with He-A 504.02;

(8) Revocation of any professional license or certification;

(9) The instructor committed fraud;

(10) The instructor abused, exploited, neglected, or extorted a client;

(11) The instructor allowed a condition to exist that jeopardizes the health, safety, or welfare of a client; or

(12) The instructor failed to deliver the agreed upon services or maintain applicable eligibility standards.

(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.

(d) Within 10 days after issuance of any notice of the department’s intent to suspend or 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.

(e) When an instructor’s certification has been revoked, that person shall not be eligible to reapply for certification for at least one year, and at minimum, the applicant shall demonstrate that circumstances have changed to the extent that the department has good cause to believe that the applicant has the requisite degree of knowledge, skills, and resources necessary to maintain compliance with the provisions of RSA 265-A:40 and He-A 500.

(f) The one-year period referenced in (e) above shall begin on:

(1) The date of the department’s decision to revoke the certification, if no request for an administrative hearing is requested; or

(2) The date a final decision upholding the action of the department is issued, if a request for a hearing is made and a hearing is held.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

Part He-A 510 Impaired Driver Services Providers

N.H. Code Admin. R. Ann. He-A 510.01 Delivery of Impaired Driver Services {#sec-he-a-510.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 510.01}

(a) Individual providers who meet the qualifications in He-A 510.01(g) may act as an IDSP, after obtaining approval by the department by completing and submitting an “Impaired Driver Service Provider (IDSP) Application” (December 2023) attesting to the following:

“I will remain in compliance with all applicable state and federal regulations, including He-A 500, and any and all program/service descriptions, specific staffing requirements, and appropriate staff credentials, as they relate to the program(s)/service(s) identified in this application”;

(b) No individual 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 or by submitting a waiver to the department, for a one-time exemption, prior to receiving approval.

(d) The provider shall agree to work with and collaborate with the IDCMPs to satisfy all requirements in He-A 500 related to the service plan.

(e) The IDSP may be an individual provider serving in any ASAM level of care.

(f) The following individuals may act as an IDSP:

(1) A NH LADC or MLADC;

(2) A NH licensed clinical mental health counselor (LCMHC) or a NH clinical social worker, licensed in accordance with RSA 330-A;

(3) A NH licensed psychologist; or

(4) A person who is actively working towards the NH LADC credential under appropriate supervision, and 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:

A 6-hour minimum training on ethics and boundaries;
A training on motivational interviewing;
A training on substance misuse;
A 6-hour minimum of suicide prevention training; and
A training on treatment planning;

c. Does not have the required number of hours yet to apply for licensure but is currently working towards those hours; or

d. Meets one of the following and has all clinical work supervised and signed off on by their supervisor:

Is 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
Has a master’s 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:1.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 510.02 IDSP Application Requirements {#sec-he-a-510.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 510.02}

(a) Applicants for provision of IDSP services shall:

(1) Submit a completed application, “Impaired Driver Service Provider (IDSP) Application” (December 2023), attesting to the following:

(2) Provide the following supporting documentation to the department:

a. Proof of general and professional liability insurance;

b. Copies of relevant certifications, licenses, or other documentation that supports the individual’s qualifications to provide the services outlined in He-A 500;

c. A narrative describing how the provider will ensure continuity of care for clients should the IDSP be unable to provide services, and a statement regarding how client records will be stored, should the IDSP become incapacitated;

d. Documentation of having met the criteria outlined in He-A 510.01(g)(4), if applicable, which shall include a certificate of training or a letter of attendance from the course leader which includes the following:

The course titles;
The sponsoring agencies;
The dates of attendance; and
The number of course hours; and

e. The provider’s signature agreeing to abide by the requirements of He-A 500 and all applicable state and federal rules and laws.

(b) Applicants shall meet the applicable licensing, certification, and clinical standards for the level of care and services for which they are applying.

(d) The applicant shall email the application to the IDCMP Coordinator, or 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

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 510.03 Processing of Applications and Issuance of Approvals {#sec-he-a-510.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 510.03}

(a) An application for an initial approval shall be complete when the department determines that all items required by He-A 510.02(a) have been received.

(b) If an application does not contain all of the items required by He-A 510.02(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 30 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 IDSP 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

(3) Demonstrated the ability to comply, and has agreed to comply 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.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 510.04 Approval Expirations and Procedures for Renewals {#sec-he-a-510.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 510.04}

(a) An approval shall be valid on the date of issuance and expire 5 years later on the last day of the month it was issued unless a completed application for renewal has been received prior to expiration.

(b) Each IDSP shall complete and submit to the department an application form pursuant to He-A 510.01(a) at least 90 days prior to the expiration of the current approval.

(c) If an IDSP fails to timely 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 510.02, prior to the expiration of the current approval; and

(2) Is in compliance with He-A 500, and other state and federal rules and laws, as applicable.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 510.05 Denial of an Initial or Renewal Application {#sec-he-a-510.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 510.05}

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 510.07(a) exists.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 510.06 Termination of Service {#sec-he-a-510.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 510.06}

(a) If an IDSP terminates its services for any reason, including those related to He-A 510.07, the provider shall:

(1) Submit written notification of the termination to the department 90 days prior to the termination date; and

(2) Notify each client’s IDCMP of the termination and provide those IDCMPs with the dates the clients were seen by the IDSP, the client’s status, and if available, a completion/termination report with any other relevant information.

(b) Upon termination, the department shall notify all other IDCMPs that the IDSP is no longer providing services.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 510.07 Withdrawal of Provider Approval {#sec-he-a-510.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 510.07}

(a) The department shall withdraw provider approval via written notice upon evidence of any of the following:

(1) The provider committed fraud;

(2) The provider abused, exploited, neglected, or extorted a client;

(3) The provider allowed a condition to exist that jeopardizes the health, safety, or welfare of a client;

(4) The provider failed to adhere to He-A 500 or other applicable state and federal rules or laws regarding the treatment of clients;

(5) The provider failed to deliver the agreed upon services; or

(6) The provider failed to 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:30, He-C 200, and He-A 510.08 prior to the withdrawal becoming final.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 510.08 Request for an Administrative Hearing {#sec-he-a-510.08 omnilex-key=us-nh-regs-official--agency-he-a--He-A 510.08}

(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.

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

N.H. Code Admin. R. Ann. He-A 510.09 General IDSP Requirements {#sec-he-a-510.09 omnilex-key=us-nh-regs-official--agency-he-a--He-A 510.09}

(a) All impaired driving service providers shall provide services in accordance with best practices as defined by Substance Abuse and Mental Health Service’s Administration (SAMHSA) in the Treatment Improvement Protocol (TIP) and Technical Assistance Publication (TAP) series and the America Society of Addiction Medicine, available as noted in Appendix A.

(b) IDSPs shall adhere to all state and federal rules and laws regarding the treatment of substance misuse, or substance use disorder clients.

(c) IDSPs shall maintain a client record, to include a treatment plan, progress notes, consent forms, and details of service provisions.

(d) Treatment plans shall be developed in consultation with the client and updated as appropriate.

(e) IDSPs shall communicate with the IDCMP as follows:

(1) Provide the IDCMP with written or verbal updates regarding the client’s adherence to the service plan no less than once per month;

(2) Contact the client’s IDCMP care managers immediately if there is an issue of non-adherence with the treatment plan that warrants a change in the service plan;

(3) In cases where the IDSP and IDCMP disagree on the evaluation findings or service plan requirements, the IDSP and a clinical provider from the IDCMP shall work together to come to an agreement and document the associated efforts;

(4) If agreement cannot be reached the stricter requirement shall be followed and the client shall be notified of their right to a hearing with the department of safety, pursuant to RSA 265-A:40, VI and Saf-C 204.20.

(f) All IDSPs shall obtain a release of information, signed by the client, to release information to their IDCMP.

(g) Upon termination from or completion of IDSP services, the IDSPs shall provide the clients IDCMP with a signed report that includes:

(1) A brief clinical summary of their work with the client, including all dates of contact and length of contacts;

(2) A description of the client’s progress;

(3) The provider’s rationale as to why the client should, or should not, be considered to have completed their service plan requirements in regard to treatment services; and

(4) If the IDSP is an individual described in He-A 507.03(b)(4), the counselor and their licensed supervisor shall both sign the report.

APPENDIX A: Incorporation by Reference Information

Rule

Title

Publisher; How to Obtain; and Cost

He-A 502.01(af), He-A 507.03(c), He-A 507.03(c)(2)c.

U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration’s (SAMHSA), “Technical Assistance Publication (TAP) 21: Addiction Counseling Competencies” (2017 revision)

Publisher:

Cost: Free of Charge

The incorporated document is available at:

https://store.samhsa.gov/product/TAP-21-Addiction-Counseling-Competencies/SMA15-4171

He-A 507.02(b), He-A 507.03(c)(1)

Behavior Data Systems, “Driver Risk Inventory-II (DRI-II) (2007 edition)

Publisher: Behavior Data Systems, Ltd.

Cost: $9.95 per test

The incorporated document is available at

http://www.driver-risk-inventoryii.com/

He-A 507.03(c)(2)a., He-A 507.03(e)(4)

American Psychiatric Association’s, “Diagnostic and Statistical Manual for Mental Disorders (DSM-5)”, (5^th Edition, 2013)

Publisher: American Psychiatric Association

Cost: $127.50- $170.00 (Varies by Membership)

The incorporated document is available at:

https://dsm.psychiatryonline.org/

He-A 507.03(c)(2)b., He-A 507.03(d)(5), He-A 507.03(d)(6), He-A 510.09(a)

American Society of Addiction Medicine’s “The ASAM Criteria” (3^rd Edition, 2013)

Publisher: American Society of Addiction Medicine

Cost: $95.00

The incorporated document is available at: https://www.asam.org/publications-resources/textbooks

He-A 510.09(a)

U.S. Department of Health and Humans Services, Substance Abuse and Mental Health Services Administration’s, “Treatment Improvement Protocols and Technical Assistance Publications”

Publisher: U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration

Cost: Free of Charge

The incorporated document is available at

https://www.samhsa.gov/kap/resources

APPENDIX B

Rule Number

State or Federal Authority

He-A 501.01 - He-A 501.02

RSA 265-A:39; RSA 265-A:40, I

He-A 502.01

RSA 265-A:2; RSA 265-A:3; RSA 265-A:40; RSA 330C

He-A 503.01 - He-A 503.07

RSA 265-A:40, I

He-A 504.01 - He-A 504.10

RSA 172:8-a; RSA 265-A:40, I; RSA 318-B:12

He-A 505.01 - He-A 505.03

RSA 265-A:39, III(d), III(g); RSA 265-A:40, IV, VII(e), VII(g)

He-A 506.01 - He-A 506.06

RSA 265-A:39; RSA 265-A:40

He-A 507.01

RSA 265-A:40, II

He-A 507.01(d)(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), VIII; RSA 330-C:16

He-A 507.04

RSA 265-A:40, II(c), 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 508.01 - He-A 508.03

RSA 265-A:39, I

He-A 508.04 - He-A 508.06

RSA 265-A:39, II

He-A 508.07

RSA 265-A:40, IX

He-A 509.01 - He-A 509.06

RSA 265-A:39, III(f); RSA 265-A:40

He-A 510.01 - He-A 510.09

RSA 265-A:40, I; RSA 330-C:1

History

#10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34

Chapter He-A 700 Impaired Driver Intervention Programs

Part He-A 701 Purpose

N.H. Code Admin. R. Ann. He-A 701.01 Purpose {#sec-he-a-701.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 701.01}

The purpose of these rules is to establish the requirements of impaired driver intervention programs (IDIPs) and weekend impaired driver intervention programs (WIDIPs) statewide.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

Part He-A 702 Definitions

N.H. Code Admin. R. Ann. He-A 702.01 Definitions {#sec-he-a-702.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 702.01}

For purposes of this chapter, the following words shall have the meanings indicated:

(a) “Administrative activities” means all management, fiscal, and clerical activities performed by a staff member of an IDIP or WIDIP;

(b) “Administrative fee” means a fee paid by the client for failure to start a program on time, for a program transfer, or to re-start a program;

(c) “Aftercare” means any treatment required to be completed by the client who has been issued a positive finding as a result of the client’s exit evaluation and assessment interview;

(d) “Alcohol program completion hearing” means a hearing conducted by the department of safety and which is requested by the client for the purpose of rebutting the finding and/or the further counseling requirements as determined by the client’s exit evaluation and assessment interview;

(e) “Approval” means the process whereby specific providers are designated to serve specific catchment areas for the provision of IDIP and WIDIP services;

(f) “Approval period” means the period of time specific providers are designated to serve specific catchment areas for the provision of IDIP and WIDIP services;

(g) “Catchment area” means an area of the state specified by the commissioner, pursuant to He-A 706.03, for the provision of IDIP or WIDIP services to clients by an approved provider;

(h) “Certification” means a process whereby the department determines whether an applicant meets the minimum qualifications for an IDIP or WIDIP instructor as specified in these rules;

(i) “Client” means a person convicted of driving while impaired (DWI) and thus mandated to attend and successfully complete an IDIP or WIDIP;

(j) “Client profile” means a form created by the department that is completed by the provider, contains information about each client, and is submitted to the department for the purposes of data collection;

(k) “Co-facilitator” means a person who assists a certified instructor in conducting an IDIP or WIDIP class, and who is a certified instructor or who is currently working towards becoming a certified instructor;

(l) “Commissioner” means the commissioner of the department, or his or her designee;

(m) “Completion report” means a form developed by the department which contains information about the client’s completion status after participating in an IDIP or WIDIP, or a similar form approved by another state for the purpose of reporting a client’s completion status after participating in a state-approved alcohol and drug education and intervention program;

(n) “Course” means an intake interview, all educational classes, and the exit evaluation and assessment interview pertaining to an IDIP or WIDIP;

(o) “Department” means the New Hampshire department of health and human services (DHHS);

(p) “Department representative” means the individual designated by the department to conduct on-site visits to IDIPs and WIDIPs and to complete monitoring reports based on those visits;

(q) “Direct client activities” means activities performed by an IDIP or WIDIP staff member which directly involve the educational and group processes in relation to the client, including instructional, intake, evaluative, and assessment components;

(r) “Diagnostic instruments” means written evaluation tools designed to elicit responses from clients relative to their involvement with alcohol and other drugs. Examples of approved diagnostic instruments currently in use are the Research Institute on Addictions Self-Inventory (RIASI) and the Driver Risk Inventory (DRI);

(s) “Driver Risk Inventory (DRI-II)” means the first edition, published in 1997, of the driving while impaired risk and needs assessment instrument created by Behavior Data Systems, Ltd., which evaluates alcohol and other drug abuse, identifies driver aggressiveness, and measures stress coping abilities;

(t) “Driving while impaired (DWI)” means driving under the influence of alcohol or drugs, pursuant to RSA 265-A:2 and RSA 265-A:3;

(u) “Exit evaluation and assessment interview” means a one-hour interview between a client and a New Hampshire licensed alcohol and drug abuse counselor (LADC), conducted following the client’s completion of all IDIP or WIDIP class sessions;

(v) “Further counseling requirements” means participation in alcohol and drug intervention activities such as self-help, outpatient counseling, residential treatment, or other similar activities deemed necessary by a New Hampshire LADC as the result of a positive finding for substance abuse or dependency;

(w) “Impaired driver intervention program (IDIP)” means a program that persons convicted under RSA 265-A:2 or RSA 265-A:3 are required to attend in order to regain their driver’s licenses or driving privileges and that is conducted pursuant to RSA 265-A:39, RSA 265-A:42, and He-A 700;

(x) “Instructor” means an individual who has been certified by the department, pursuant to He-A 705, to facilitate IDIP or WIDIP sessions;

(y) “Intake interview” means a one-hour interview between a client and a New Hampshire LADC, or an IDIP or WIDIP staff member under LADC supervision, conducted in order to collect the client’s personal information and complete diagnostic instruments prior to educational sessions;

(z) “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;

(aa) “Licensed alcohol and other drug counselor (LADC)” means a person licensed by the State of New Hampshire to serve as an alcohol and other drug counselor;

(ab) “Monitoring report” means a report generated by a department representative to record results of on-site visits made to providers for the purposes of quality assurance;

(ac) “Negative finding” means the result of an exit evaluation and assessment interview, which determines that a client does not have an alcohol or drug problem;

(ad) “Positive finding” means the result of an exit evaluation and assessment interview, which determines that a client does have an alcohol or drug problem;

(ae) “Program” means the course, as defined in (n), and any required aftercare;

(af) “Program director” means the director of an IDIP or WIDIP;

(ag) “Program fee” means the fee paid by a client to the IDIP or WIDIP in order to participate in the IDIP or WIDIP;

(ah) “Provider” means a person or entity that offers impaired driver intervention and educational programming;

(ai) “Quarter” means a 3-month portion of a year, beginning on January 1, April 1, July 1, or October 1;

(aj) “Request for proposals (RFP)” means a formalized process, pursuant to He-A 706, whereby the commissioner seeks proposals for the provision of IDIP or WIDIP services to specific catchment areas from provider applicants;

(ak) “Research Institute on Addictions Self-Inventory (RIASI)” means the 1995 edition of the diagnostic instrument created by Thomas J. Nochasjski of the State University of New York that is specifically designed for DWI offenders;

(al) “Section” means a grouping of clients forming an instructional unit;

(am) “Session” means a single component of an IDIP’s or WIDIP’s curriculum;

(an) “Significant other” means an individual who is not related by marriage or blood to the client, but who plays a role in the client’s life that is similar to the role of a spouse;

(ao) “Successful completion” means “successful completion” as defined in RSA 265-A:42, II and III and RSA 265-A:18, VII(c);

(ap) “Treatment” means the use of any planned, intentional intervention in the health, behavior, personal, and/or family life of an individual suffering from alcoholism or from another drug dependency designed to enable the affected individual to achieve and maintain sobriety, physical and mental health, and a maximum functional ability; and

(aq) “Weekend impaired driver intervention program (WIDIP)” means an intensified residential version of an IDIP, conducted pursuant to RSA 265-A:39, RSA 265-A:42, and He-A 700.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

Part He-A 703 Schedule of Fees and Charges

N.H. Code Admin. R. Ann. He-A 703.01 IDIP Fee {#sec-he-a-703.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 703.01}

(a) The program fee to be paid by each client for the IDIP, including all course materials, shall be $460.00.

(b) The client shall make complete payment of the program fee to the IDIP on or before the date of the last session, unless a payment plan agreed to by the client and program director has been arranged.

(c) The program fee shall be reduced based on proof of financial hardship if the client’s household income for the 12-month period immediately prior to the client’s enrollment in the program was at or below the federal poverty guidelines as published annually in the Federal Register by the Secretary of the U.S. Department of Health and Human Services.

(d) Prior to the intake interview a client shall furnish any of the following documents, as applicable, to demonstrate proof of financial hardship in accordance with (c) above:

(1) The client’s most recent IRS tax return;

(2) The client’s pay stubs for the 4 months prior to program enrollment, if applicable; or

(3) Proof of the client’s receipt of one or more of the following sources of assistance:

a. Food stamps;

b. Temporary assistance to needy families;

c. Social Security disability;

d. Supplemental security income;

e. Aid to the permanently and totally disabled; or

f. Old age assistance.

(e) The client’s reduced fee shall be determined as follows:

(1) The client’s income shall be divided by the poverty guideline that applies to the client’s family unit size;

(2) The resulting percentage shall be the portion of the fee for which the client is responsible, if such fee does not exceed half of the program’s current fee; and

(3) If the new fee exceeds half of the program’s current fee, the fee paid by the client shall be half of the program’s current fee.

(f) Failure to provide documentation pursuant to (d) shall result in denial of any reduction.

(g) For each reduced-fee client, the per-client monitoring fee charged pursuant to He-A 703.05(c) shall be waived.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8136, eff 8-10-04; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 703.02 WIDIP Fee {#sec-he-a-703.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 703.02}

(a) The fee to be paid by each client for the WIDIP, including all course materials, shall be $585.00.

(b) The client shall make complete payment of the program fee to the WIDIP on or before the date of admission, unless a payment plan agreed to by the client and program director has been arranged.

(d) The program fee shall be reduced based on proof of financial hardship in accordance with the procedures described in He-A 703.01(c)-(f).

(e) For each reduced-fee client, the per-client monitoring fee charged pursuant to He-A 703.05(c) shall be waived.

History

#2665, eff 4-2-84; amd by #3025, eff 5-27-85; ss by #4652, eff 7-25-89; amd by #4989, eff 11-30-90; amd by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8136, eff 8-10-04; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 703.03 Administrative Fee for IDIPs and WIDIPs {#sec-he-a-703.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 703.03}

(a) Unless otherwise specified herein, if any He-A 700 rule mandates an administrative fee, as allowed by RSA 265-A:39, IV(d), the administrative fee to be paid by the client for an IDIP shall be $50.00.

(b) Unless otherwise specified herein, if any He-A 700 rule mandates an administrative fee, as allowed by RSA 265-A:39, IV(d), the administrative fee to be paid by the client for a WIDIP shall be $100.00.

History

#2665, eff 4-2-84; amd by #3025, eff 5-27-85; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 703.04 Administrative Fee for Program Transfer {#sec-he-a-703.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 703.04}

If, after paying the program fee and prior to the start of the first session, a client wishes to transfer to another program in another catchment area, he or she may do so, subject to the following conditions:

(a) The original provider shall retain an administrative fee pursuant to 703.03(a) or (b) from the full program fee that was paid and shall return the remainder of the program fee to the client; and

(b) The client shall pay the provider to which he or she transfers the entire program fee.

History

#2665, eff 4-2-84; amd by #3025, eff 5-27-85; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 703.05 Per-Client Monitoring Fee {#sec-he-a-703.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 703.05}

(a) The department shall determine the number of billable clients for each IDIP or WIDIP provider by tabulating the number of client profiles that are completed and submitted to the department and processed quarterly.

(b) The department shall send to each program director a quarterly bill, payable upon receipt, to cover the following expenses:

(1) Monitoring of course content;

(2) Establishing and maintaining standards of instruction;

(3) Data collection; and

(4) Administrative support.

(d) The per-client fee shall be waived for reduced-fee clients as described in He-A 703.01(g) and He-A 703.02(e).

(e) For each client on whose behalf the IDIP or WIDIP representative is required to attend an alcohol program completion hearing, the per-client fee shall be waived if the IDIP or WIDIP submits in writing to the department by the 10th day of the month a list of such clients for the previous month.

(f) If an IDIP or WIDIP fails to submit payment of the per-client fee within 30 days of the billing date, the department shall consider that provider delinquent and shall issue a written notice to inform the provider that it shall be removed from the list of approved providers if payment is not received by the department within 90 days.

(g) If payment of the per-client fee is not paid in full within 60 days of the billing date, the delinquent account shall be referred to the department’s financial officer.

(h) If payment of the per-client fee is still not made in full after 90 days, the commissioner shall suspend the agreement with the provider, thus disallowing the provider from providing IDIP services, and assign the catchment area(s) to another provider until such time as full payment is made.

(i) If an IDIP or WIDIP is delinquent a second time during the same approval period, the commissioner shall cancel the agreement with the provider and assign the catchment area(s) to another provider for the period of time remaining prior to the next approval period.

History

#2665, eff 4-2-84; amd by #3025, eff 5-27-85; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 703.06 Provider Audit {#sec-he-a-703.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 703.06}

If providers want the department to review the appropriateness of the existing fee structure, those providers shall submit to the department audits of their records which are prepared by a public accounting firm within the current year.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; amd by #8136, eff 8-10-04; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 703.07 Annual Report of Reduced Fees {#sec-he-a-703.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 703.07}

By the last working day in January, each IDIP and WIDIP shall submit a report to the department that lists the number of clients in the preceding calendar year for whom the program fee was reduced due to financial hardship.

History

(See Revision Note at part heading for He-A 703) #2665, eff 4-2-84; amd by #3025, eff 5-27-85; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

Part He-A 704 Program Participation Requirements

N.H. Code Admin. R. Ann. He-A 704.01 New Hampshire {#sec-he-a-704.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 704.01}

Residents: Program Options.

(a) Upon conviction under RSA 265-A:2 or RSA 265-A:3, and pursuant to RSA 265-A:42 and RSA 265-A:39, I, a person who is a resident of the state of New Hampshire shall attend one of the following programs if the person wishes to have his or her driver’s license reinstated:

(1) The IDIP closest to the client’s place of residence;

(2) The IDIP closest to the client’s place of permanent employment; or

(3) The WIDIP closest to the client’s place of residence.

(b) If the chosen program is unable to enroll the client within 30 days of sentencing, the client may choose to attend any other IDIP or WIDIP in any catchment area of his or her choice.

History

(See Revision Note at part heading for He-A 704) #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 704.02 Student Exceptions {#sec-he-a-704.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 704.02}

(a) If a resident of New Hampshire is domiciled in another state for at least 9 months out of a year for educational purposes, such person shall be considered a non-resident for the purposes of these rules.

(b) Students who are residents of states outside of New Hampshire, but who are domiciled in New Hampshire for educational purposes, shall be non-residents for the purposes of these rules.

History

(See Revision Note at part heading for He-A 704) #4652, eff 7-25-89; amd by #4989, eff 11-30-90; amd by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 704.03 Non-Residents {#sec-he-a-704.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 704.03}

(a) Upon conviction under RSA 265-A:2 or RSA 265-A:3, and pursuant to RSA 265-A:42 and RSA 265-A:39, I, a person who is a non-resident of New Hampshire shall attend one of the following programs if the person wishes to have his or her driving privilege restored:

(1) Any IDIP in New Hampshire;

(2) Any WIDIP in New Hampshire; or

(3) An impaired driver intervention program in the state in which the client is domiciled, and which satisfies that state’s requirements for license re-instatement subsequent to an alcohol or drug DWI conviction.

(b) If a non-resident chooses to attend a program in the state in which he or she is domiciled to satisfy the requirement for driving-privilege restoration pursuant to RSA 265-A:42, the client shall forward, or request the provider to forward, all necessary completion reports for such a program to the New Hampshire court of conviction and to the New Hampshire department of safety.

History

(See Revision Note at part heading for He-A 704) #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 704.04 Enrollment {#sec-he-a-704.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 704.04}

(a) Each client shall provide the IDIP or WIDIP in which he or she enrolls with the information necessary for correct program choice, including:

(1) An original certified copy of the client’s driver’s license record, to be obtained within 60 days immediately prior to the intake interview, from all of the following, as applicable:

a. The State of New Hampshire department of safety, division of motor vehicles;

b. The state in which the client holds a driver’s license, if a non-resident; and

c. Any state in which the person has been arrested or convicted for an offense involving driving a motor vehicle under the influence of alcohol or drugs;

(2) The department of safety notice of action indicating the appropriate program;

(3) Superior or district court orders;

(4) Chemical test results, if any were performed, or documentation of the client’s refusal to submit to chemical tests; and

(5) Other relevant documents.

(b) The documents listed in (a) shall be submitted by the client to the IDIP or WIDIP at the intake interview.

(c) If a client reports for the intake interview with information that indicates that he or she requires a different program, the provider shall:

(1) Direct the client to the appropriate program; and

(2) Charge an administrative fee.

(d) If a client reports for the intake interview with information that is inaccurate or incomplete, neither the client nor the department shall hold the provider responsible for enrolling the client in the wrong program.

History

(See Revision Note at part heading for He-A 704) #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 704.05 Attendance and Completion Requirements {#sec-he-a-704.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 704.05}

(a) Pursuant to RSA 265-A:42, V(a), a client shall be presumed to have successfully completed an IDIP or WIDIP if he or she has met the following requirements:

(1) Attendance at all class sessions, with active participation in discussions and assessments, and completion of exercises, tests, and all required forms;

(2) Completion of the scheduled exit evaluation and assessment interview; and

(3) Payment in full of all assessed program and administrative fees.

(b) The presumption in (a) shall be overcome by the provider if the LADC conducting the exit evaluation and assessment interview issues a positive finding for alcohol or other drug abuse and/or dependence and requires the client to comply with further counseling requirements before the program is considered to have been successfully completed.

(c) If a client fails to keep a scheduled appointment for the intake interview or exit evaluation and assessment interview, or if the client leaves during the intake interview or the exit evaluation and assessment interview and subsequently returns, the provider shall charge the client an administrative fee.

(d) An excused absence from the program shall be granted only for an emergency situation beyond the control of the client, consisting of one of the following:

(1) A death in the client’s immediate family;

(2) A medical emergency pertaining to the client, which prevents attendance; or

(3) A medical emergency in the client’s immediate family.

(e) If a client is granted an excused absence, the IDIP or WIDIP shall allow the client to participate in the next scheduled section of the program, beginning with the session where he or she left off, and the client shall not be required to pay an administrative fee.

(f) If a client is absent from a session without being excused, the client shall begin the program anew at the next scheduled first session, and the client shall pay to the provider an administrative fee.

(g) The client shall not be under the influence of alcohol, any illicit substance, or any non-prescribed or over-the-counter medication during program attendance. 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 client shall begin the program anew and pay the provider an administrative fee.

(h) If, during the course of the IDIP or WIDIP, 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.

(i) If the physician’s assessment in (h) indicates that the client is unable to participate in the program, the client shall not be allowed to continue the program until such time as he or she obtains medical clearance, at which point the client shall begin the program anew at a scheduled first session. The client shall be charged an administrative fee if the client changes programs or does not re-enter the original program once medical clearance has been obtained.

(j) If, after completion of the intake interview, a client fails to start the session for which he or she has enrolled, the client shall pay an administrative fee to the provider unless the failure to start the session is excusable as established in (d) above or is the result of the provider’s error in scheduling.

(k) If the client is tardy for any reason, the provider shall require the client to begin the program anew and shall charge the client an administrative fee.

(l) If a client does not complete an exit evaluation and assessment interview within one year of the final class session, he or she shall be required to begin the program anew and again pay the entire program fee.

History

(See Revision Note at part heading for He-A 704) #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

Part He-A 705 Instructor Certification

N.H. Code Admin. R. Ann. He-A 705.01 Certification Required {#sec-he-a-705.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 705.01}

No person shall facilitate an IDIP or WIDIP session unless he or she is certified as an IDIP or WIDIP instructor in accordance with He-A 705.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 705.02 Minimum Qualifications for Certification {#sec-he-a-705.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 705.02}

To qualify for certification as an IDIP or WIDIP instructor, the applicant shall either:

(a) Meet the following requirements:

(1) Possess a valid New Hampshire LADC 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 experience in the field of education, social sciences training, or substance abuse and group counseling or otherwise formal group activities facilitation;

(2) Demonstrate knowledge of the impaired driver intervention program and curricula and of other programs in New Hampshire that provide intervention and educational programming in the field of alcohol or drug abuse for a comparable clientele, or of equivalent DWI intervention programs in other states; and

(3) Hold at least a high school diploma or GED.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 705.03 Certification Procedure {#sec-he-a-705.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 705.03}

(a) Each applicant for instructor certification shall complete Form IDIP-521, instructor certification application, by including the following:

(1) The applicant’s name, address, and telephone number;

(2) The IDIP or WIDIP with which the applicant is affiliated, if any;

(3) The certification category, as described in He-A 705.02(a) and (b);

(4) The dated signature of the applicant;

(5) A copy of the applicant’s:

a. High school diploma and/or transcript;

b. GED; or

c. Any advanced degree transcript;

(6) A current résumé;

(7) A letter from the director of other similar programs, as described in He-A 705.02(b)(2), documenting experience with and knowledge of those similar programs; and

(8) Any documentation that may be counted toward the required experience, if applicable.

(b) Upon receipt of a completed application, the department shall review the documentation submitted.

(d) If the applicant does not meet the minimum qualifications listed in He-A 705.02, the department shall deny the application.

(e) The department shall complete the certification procedure within 30 calendar days of the receipt of the application.

(f) Providers may adopt their own certification and recertification standards that exceed minimum certification and recertification requirements as described in He-A 705.02 and He-A 705.05.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 705.04 Certification Period {#sec-he-a-705.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 705.04}

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 705.06.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 705.05 Recertification {#sec-he-a-705.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 705.05}

(a) For an instructor to be recertified, he or she shall have obtained during the current certification period at least 48 hours of in-service training or education specific to the substance abuse field.

(b) The department shall send each instructor a recertification application, Form IDIP-522, 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 Form IDIP-522, instructor recertification application.

(d) The applicant shall complete Form IDIP-522 by including the following:

(1) The applicant’s name, address, and telephone number;

(2) The IDIP or WIDIP with which the applicant is affiliated, if any;

(3) The expiration date of the applicant’s current certification;

(4) A copy of the applicant’s instructor certification;

(5) The dated signature of the applicant; and

(6) Either:

a. A copy of a valid LADC license; or

b. Evidence of training and education required in (a), including a transcript or a letter of attendance which includes the following:

The course titles;
The names of course leaders;
The course locations;
The sponsoring agencies;
The dates of attendance; and
The number of course hours related to substance abuse.

(e) The department shall review all courses for applicability to the field of substance abuse.

(f) 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 IDIP or WIDIP session or acting as a co-facilitator.

(g) 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 completed Form IDIP-522, instructor recertification application, to the department;

(2) Complete Form IDIP-523, instructor reinstatement application, by including the following:

a. The applicant’s name, address and telephone number;

b. The expiration date of the applicant’s current certification;

c. The number of additional continuing education unit (CEU) hours being submitted; and

d. The dated signature of the applicant;

(3) Submit Form IDIP-523, instructor reinstatement application, to the department;

(4) Have obtained 2 hours of training or education in the substance abuse field for every one-month period since expiration of his or her last valid certification period (this requirement shall not exceed 48 hours in total); and

(5) Provide a certificate or certificates showing that the required training or education has been completed, per (d)(6)b.

(h) A certified instructor shall notify the department of any change of address.

(i) A certified instructor may voluntarily terminate his or her certification by notifying the department in writing.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 705.06 Revocation of Certification {#sec-he-a-705.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 705.06}

(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 700;

(2) Engaging in the practice of IDIP or WIDIP 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 IDIP or WIDIP 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 707.01.

(b) Revocation of certification shall occur pursuant to RSA 541-A:30, II and III.

History

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95
#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

Part He-A 706 Program Approval

N.H. Code Admin. R. Ann. He-A 706.01 Approval for Delivery of Services {#sec-he-a-706.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 706.01}

(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 700 without first submitting an application and obtaining approval from the commissioner.

(b) All applicants for the delivery of IDIP and WIDIP services for specific areas of the state shall obtain approval from the commissioner through a Request for Proposals (RFP) process.

(c) The commissioner’s approval of an individual provider shall be based upon the applicant’s ability to offer programs in accordance with these rules, as evidenced by responses to the specific requirements of the RFP.

(d) An applicant’s responses to the RFP requirements shall be evaluated in accordance with a standardized, uniform scoring system which is detailed in the RFP.

(e) A minimum acceptable score shall be established for all requirements.

(f) An applicant shall demonstrate, at a minimum:

(1) Appropriate staffing;

(2) Programmatic knowledge;

(3) Experience in providing programs at least comparable to an IDIP or WIDIP;

(4) Knowledge of the demographics and geography of the catchment area(s);

(5) Financial viability;

(6) Proximity of service location(s) relative to the clientele; and

(7) Evidence of good standing with the secretary of state.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 706.02 Approval Period {#sec-he-a-706.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 706.02}

The commissioner shall approve an IDIP or WIDIP provider for a specific area of the state for a 2-year period beginning January 1, 2008, following the RFP process.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 706.03 Place of Business {#sec-he-a-706.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 706.03}

(a) In order to ensure client access and coverage for the entire state, specific catchment areas shall be designated pursuant to He-A 706.03(e).

(b) The commissioner shall approve specific providers to serve specific catchment areas.

(d) A provider may serve more than one catchment area.

(e) The catchment areas shall be as follows:

(1) IDIP catchment area number 1 shall be the area served by the:

a. Berlin District Court;

b. Colebrook District Court;

c. Gorham District Court;

d. Haverhill District Court;

e. Lancaster District Court; and

f. Littleton District Court;

(2) IDIP catchment area number 2 shall be the area served by the:

a. Northern Carroll County District Court; and

b. Southern Carroll County District Court;

(3) IDIP catchment area number 3 shall be the area served by the:

a. Laconia District Court; and

b. Plymouth District Court;

(4) IDIP catchment area number 4 shall be the area served by the:

a. Claremont District Court;

b. Lebanon District Court;

c. New London District Court; and

d. Newport District Court;

(5) IDIP catchment area number 5 shall be the area served by the:

a. Dover District Court;

b. Durham District Court; and

c. Rochester District Court;

(6) IDIP catchment area number 6 shall be the area served by the:

a. Concord District Court;

b. Franklin District Court;

c. Henniker District Court; and

d. Hillsborough District Court;

(7) IDIP catchment area number 7 shall be the area served by the:

a. Auburn District Court;

b. Derry District Court;

c. Goffstown District Court;

d. Hooksett District Court;

e. Manchester District Court; and

f. Merrimack District Court;

(8) IDIP catchment area number 8 shall be the area served by the:

a. Jaffrey/Peterborough District Court; and

b. Keene District Court;

(9) IDIP catchment area number 9 shall be the area served by the:

a. Exeter District Court;

b. Hampton District Court; and

c. Portsmouth District Court;

(10) IDIP catchment area number 10 shall be the area served by the:

a. Plaistow District Court; and

b. Salem District Court;

(11) IDIP catchment area number 11 shall be served by the:

a. Milford District Court; and

b. Nashua District Court;

(12) WIDIP catchment area A shall be the area served by the:

a. Berlin District Court;

b. Colebrook District Court;

c. Gorham District Court;

d. Haverhill District Court;

e. Laconia District Court;

f. Lancaster District Court;

g. Lebanon District Court;

h. Littleton District Court;

i. Northern Carroll County District Court;

j. Plymouth District Court; and

k. Southern Carroll County District Court;

(13) WIDIP catchment area B shall be the area served by the:

a. Auburn District Court;

b. Derry District Court;

c. Dover District Court;

d. Durham District Court;

e. Exeter District Court;

f. Goffstown District Court;

g. Hampton District Court;

h. Hooksett District Court;

i. Manchester District Court;

j. Merrimack District Court;

k. Plaistow District Court;

l. Portsmouth District Court;

m. Rochester District Court; and

n. Salem District Court; and

(14) WIDIP catchment area C shall be the area served by the:

a. Claremont District Court;

b. Concord District Court;

c. Franklin District Court;

d. Henniker District Court;

e. Hillsborough District Court;

f. Jaffrey/Peterborough District Court;

g. Keene District Court;

h. Milford District Court;

i. Nashua District Court;

j. New London District Court; and

k. Newport District Court.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 706.04 Access for Inspection and Monitoring {#sec-he-a-706.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 706.04}

As a condition of approval, each IDIP or WIDIP provider shall:

(a) Provide access at any time during its hours of operation to department representatives for purposes of inspection and monitoring; and

(b) Cooperate fully with and answer all questions of department representatives regarding the provision of IDIP or WIDIP services to the public.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 706.05 Non-Transferable Approval {#sec-he-a-706.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 706.05}

The approval for a designated catchment area for an IDIP or WIDIP provider shall be non-transferable.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 706.06 Termination of Service {#sec-he-a-706.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 706.06}

If an IDIP or WIDIP terminates its services to its designated catchment area(s) for any reason, the provider shall submit written notification of the termination to the department, and the catchment area(s) shall be reassigned by the commissioner for the remainder of the approval period.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

Part He-A 707 Minimum Idip and Widip Requirements

N.H. Code Admin. R. Ann. He-A 707.01 Confidentiality {#sec-he-a-707.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.01}

IDIPs and WIDIPs shall comply with RSA 172:8-a, RSA 318-B:12, 42 CFR 401.105, and 42 CFR 2, relative to confidentiality of client records and interactions, and shall comply with any other applicable laws.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.02 Services Prohibited {#sec-he-a-707.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.02}

Each IDIP and WIDIP shall offer only intervention and educational services for its clients convicted of DWI. Providers shall not offer treatment services for the alcohol and drug problems of said clients within the context of the IDIP or WIDIP.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.03 Interpreters and Translators {#sec-he-a-707.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.03}

Each IDIP and WIDIP shall provide, at the provider’s expense:

(a) Interpreters for clients who are hearing impaired; and

(b) Translators for clients who are non-English speaking, which may include family members, friends, and significant others who may be willing to assist the client at no cost to the provider.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16096

N.H. Code Admin. R. Ann. He-A 707.04 Accessibility {#sec-he-a-707.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.04}

Each IDIP and WIDIP shall provide handicapped accessibility into and within the provider’s buildings, in compliance with the Americans with Disabilities Act.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.05 Forms, Pamphlets, and Other Literature {#sec-he-a-707.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.05}

(a) In order to ensure uniformity of IDIP and WIDIP data statewide, the department shall design or approve forms, pamphlets, and other written literature.

(b) Providers shall submit to the department any non-department-designed material for department approval prior to use.

(1) Does not conflict with any part of He-A 700;

(2) Is directly relevant to course or program requirements found in He-A 700; and

(3) Clarifies or enhances an aspect of the program consistent with He-A 700.

(d) Providers shall use and distribute to the department, the courts, the department of safety, and the general public, only those forms, pamphlets, and other written literature that have been designed or approved by the department as described in (a) through (c).

(e) Providers shall make no alterations or amendments to department-designed or approved forms, pamphlets, and other written literature, other than the addition of the provider’s logo in the space provided on each one, except as approved by the department.

(f) The department shall provide master copies of all forms, pamphlets, and other written literature to each approved IDIP and WIDIP. Each IDIP and WIDIP shall then be responsible for producing its own supply of the forms, pamphlets, and other written literature.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.06 Scheduling Requirements {#sec-he-a-707.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.06}

(a) Each IDIP and WIDIP shall conduct scheduled sessions to ensure course completion on a timely basis for all clients.

(b) An IDIP shall provide, at a minimum, 20 hours of standardized educational curriculum, which shall be provided in accordance with one of the following options:

(1) A schedule of 6 sessions, which shall be uniform in length;

(2) A schedule of 4 sessions, which shall be uniform in length;

(3) A schedule of 4 sessions on 2 consecutive weekends with sessions on both Saturdays and Sundays, which shall be uniform in length;

(4) A schedule of 3 sessions on 3 consecutive Saturdays or Sundays, which shall be uniform in length; or

(5) 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 WIDIP shall provide, at a minimum, 20 hours of standardized educational curriculum, which shall be conducted over a 2 and 1/2 day period.

(e) The first session of a WIDIP shall be scheduled on a Friday and the last session shall conclude on the following Sunday.

(f) A WIDIP shall include room and board.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.07 Section Size {#sec-he-a-707.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.07}

(a) The minimum section size shall be 4 clients.

(b) The maximum section size shall be 12 clients.

(c) Up to 3 spouses or significant others may attend each session, and this shall not be counted toward the maximum section size.

(d) For a section that has 8 or fewer clients, there shall be at least one certified instructor.

(e) For a section that has 9 or more clients, there shall be at least 2 instructors. One instructor shall be a certified instructor. The second instructor shall be a co-facilitator.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.08 Progress Notes {#sec-he-a-707.08 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.08}

(a) The IDIP or WIDIP instructor shall complete a progress note on each client for each session.

(b) Each progress note 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 current use of alcohol and other drugs.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.09 Films and Resource Materials {#sec-he-a-707.09 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.09}

(a) Providers shall use only those films and resource materials approved by the department, according to the procedure and criteria described in He-A 707.05(b) and (c).

(b) New films or resource materials may be used subsequent to department approval.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.10 IDIP and WIDIP Intake Interview {#sec-he-a-707.10 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.10}

(a) There shall be an initial one-on-one intake interview between the client and a NH LADC, or an IDIP or WIDIP staff member under LADC supervision.

(b) The intake interview shall take place prior to, and separate from, course sessions.

(1) Each client shall provide the IDIP or WIDIP with the documents required pursuant to He-A 704.04;

(2) The client shall complete the DRI-II and the RIASI diagnostic instruments;

(3) The LADC shall complete Form IDIP-011, client profile, by including the following printed or typewritten information:

a. The facility code;

b. The section where the client is assigned;

c. The last four digits of the client’s Social Security number;

d. The client’s name;

e. The client’s initials;

f. The program type;

g. The client’s address;

h. The client’s date of birth;

i. The date of the client’s intake interview;

j. The client’s gender;

k. Whether the client is restarting a program;

l. The court of the client’s conviction;

m. The date of the client’s arrest;

n. The client’s blood alcohol test results, or an indication of the client’s refusal of consent;

o. All of the client’s DWI convictions, including the current one, and drug impaired driving convictions, unless otherwise protected by law;

p. All DWI courses previously attended by the client;

q. The client’s marital status;

r. The client’s education level;

s. The client’s occupation;

t. The client’s current income;

u. Whether the program fee was reduced due to financial hardship;

v. The client’s history of treatment for any other alcohol or other substance abuse problem;

w. The frequency of alcohol consumption in the past;

x. The client’s scores on the DRI-II and RIASI diagnostic instruments; and

y. The signature of the LADC completing the top of the form, which shall not be printed or typewritten;

(4) The client shall provide to the LADC completing Form IDIP-011, client profile, the information required in (3)c., o. through t., v., and w.;

(5) The client shall complete Form IDIP-019, consent for the release of confidential information, specifically for the department, the convicting court, and the department of safety, by including:

a. The client’s name;

b. The name and address of the convicting court; and

c. The client’s dated signature;

(6) The provider staff member shall sign and date Form IDIP-019, consent for the release of confidential information;

(7) The client shall read and complete either Form IDIP-014, IDIP client agreement, or Form IDIP-015, WIDIP client agreement, by including:

a. The client’s name; and

b. The client’s dated signature, indicating that he or she has read the form and agrees to attend the identified sessions; and

(8) The provider staff member shall complete either Form IDIP-014, IDIP client agreement, or Form IDIP-015, WIDIP client agreement, by including:

a. The class location of the IDIP or WIDIP, including the street address, city or town, and telephone number;

b. All scheduled session days, dates, times, and instructors; and

c. The dated signature of the IDIP or WIDIP staff member.

(d) The client shall read, complete, and sign any other forms and materials that describe the provider’s individual IDIP or WIDIP policies and procedures or that offer other information related to the program.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.11 IDIP and WIDIP Curriculum {#sec-he-a-707.11 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.11}

(a) An IDIP or WIDIP 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;

(2) Expectations of both the provider and the client;

(3) The current NH DWI laws and the requirements and procedures for successful completion of the IDIP or WIDIP and license reinstatement;

(4) The rules contained in He-A 700 that require the client’s compliance; and

(5) What failure to complete the program means.

(b) An IDIP or WIDIP shall offer sessions featuring group discussions regarding:

(1) Physiological and medical effects of toxic substances on the body;

(2) Psychosocial effects of alcohol and drug use and abuse, focusing on consumption;

(3) Identification of drinking 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 abuse on the family; and

(6) Social and personal attitudes toward substance use and abuse.

(d) During group sessions, instructors shall facilitate group discussions and interactions regarding each client’s description of his or her DWI incident.

(e) At least one group session shall discuss the effects of substance abuse on employment and available treatment options.

(f) During one group session, the topic of children of alcoholics shall be discussed.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.12 Exit Evaluation and Assessment Interview {#sec-he-a-707.12 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.12}

(a) Following completion of all the required sessions, a LADC shall conduct an exit evaluation and assessment interview with each client, scheduled in accordance with the time frames specified below:

(1) The IDIP or WIDIP shall provide the client with an opportunity to complete the exit evaluation and assessment interview within 15 business days of the last session;

(2) If the client does not complete the exit evaluation and assessment interview within 3 months following the date of the last session, the client shall be required to submit to the provider an alcohol and drug abuse dependency evaluation that conforms to the requirements of the second opinion evaluation outlined in He-A 707.15(b)-(f) before the exit evaluation and assessment interview shall be conducted; and

(3) If the client does not complete the exit evaluation and assessment interview within one year following the date of the last session, the client’s file shall be closed, pursuant to He-A 707.18, and the client shall be required to restart and complete the entire program, and pay all applicable fees.

(b) The exit evaluation and assessment interview shall:

(1) Be a personal, individual interview performed by a LADC employed by the IDIP or WIDIP;

(2) Be at least one hour in length;

(3) Follow and be separate from the class sessions;

(4) Include discussion of the objective diagnostic instruments and the interpretation of the client’s scores;

(5) Include discussion of all substance abuse and dependence indicators presented by the client including the results of the diagnostic instruments in (b)(4);

(6) Include the LADC’s assessment of the client’s involvement with alcohol and other drugs; and

(7) Include either a positive or a negative finding for alcohol or other drug abuse and/or dependence and indicate if there is a need for further evaluation or counseling.

(c) The LADC conducting the exit evaluation and assessment interview shall issue a positive finding, thus overcoming the presumption of successful completion described in He-A 704.05(a), if any of the following exists:

(1) The client’s diagnostic test scores indicate alcohol or drug abuse or dependence, as follows:

a. The client’s DRI-II alcohol or drug scale score is at the 60th percentile or greater;

b. The client’s DRI-II truthfulness scale score is at the 90th percentile or greater; or

c. The client’s RIASI score is 10 or greater;

(2) The client is age 21 or over and had a blood alcohol concentration (BAC) of 0.16 or higher at the time of arrest;

(3) The client has 2 or more alcohol or drug-related motor vehicle arrests or convictions;

(4) The client is under the age of 21 and had a BAC of 0.08 or higher at the time of arrest; or

(5) The client meets diagnostic criteria for alcohol or other substance abuse and/or dependence in accordance with the most recent version of the Diagnostic and Statistical Manual for Mental Disorder (currently the DSM-IV).

(d) The LADC conducting the exit evaluation and assessment interview shall issue a negative finding if none of the factors described in (c) exists. The LADC, after conferring with the program director, shall also issue a negative finding when factors in (c) exist but in the judgment of both the LADC and the program director a positive finding is clinically contraindicated.

(e) If there is a negative finding, the LADC shall:

(1) Complete Form IDIP-021, program completion report, by including:

a. The facility code;

b. The class section where the client was assigned;

c. The last four digits of the client’s Social Security number;

d. The client’s name;

e. The client’s initials;

f. The client’s mailing address;

g. The client’s date of birth;

h. The court where the client was convicted;

i. The court docket number;

j. The date of conviction;

k. The date of the client’s arrest:

l. The program enrollment date;

m. The completion and recommendation status;

n. The signature of the LADC conducting the exit evaluation and assessment interview;

o. The date of the exit evaluation and assessment;

p. The date aftercare was completed;

q. The agency name or LADC providing aftercare; and

r. The dated signature of the LADC completing the bottom of the form;

(2) Send a copy of the completed Form IDIP-021, program completion report, to the department of safety, the convicting court, and the department within 5 business days of the exit evaluation and assessment interview; and

(3) Complete and send a copy of Form IDIP-011, client profile, to the department, indicating that the client completed the IDIP or WIDIP program.

(f) If there is a positive finding, the LADC shall refer the client for further counseling, pursuant to He-A 707.13, and inform the client as to the reason for the referral.

(g) If there is a positive finding and the client does not accept the finding or the further counseling requirements, he or she may:

(1) Request a second opinion evaluation, pursuant to He-A 707.15; and

(2) Act on his or her right to an alcohol program completion hearing before the department of safety, pursuant to RSA 265-A:42 and Saf-C 204.20.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.13 Referral for Further Counseling {#sec-he-a-707.13 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.13}

In cases when there is a positive finding for alcohol or other drug abuse and/or dependence and the client is referred for further counseling, the following shall occur.

(a) The LADC conducting the exit interview shall:

(1) Develop a preliminary treatment plan that outlines the method and duration of aftercare that the client shall undertake, and shall discuss it with the client;

(2) Complete Form IDIP-022, further counseling referral recommendations report, by including:

a. The client’s name;

b. The client’s address

c. The client’s date of birth;

d. The date of the client’s enrollment;

e. The date of the client’s referral;

f. The client’s BAC at the time of arrest, or an indication of the client’s refusal of consent;

g. The client’s scores on the DRI-II and RIASI diagnostic instruments;

h. The client’s number of DWI convictions;

i. An assessment of the client’s problem and needs area(s);

j. A brief client history and background;

k. A description of the client’s drinking and drug use patterns;

l. A preliminary treatment plan;

m. Any additional comments;

n. The client’s response; and

o. The dated signature of the LADC completing the form;

(3) Have the client sign and date Form IDIP-022, further counseling referral recommendations report;

(4) Inform the client of the minimum certification/licensure requirements an aftercare provider must hold in order to provide approved aftercare services, as follows:

a. Outpatient counseling with a New Hampshire LADC, or an International Certification and Reciprocity Consortium (IC&RC) reciprocal level counselor;

b. Outpatient counseling with a person working towards licensure as a New Hampshire LADC and who has passed the written examination required by the New Hampshire board of licensed alcohol and other drug abuse professionals and is under the direct supervision of a New Hampshire LADC; and

c. A licensed psychologist with a certificate from the American Psychological Association for the treatment of alcohol and other psychoactive substance abuse disorders;

(5) Inform the client of the approved aftercare treatment/evaluation services available, including:

a. Prescribed alcohol and drug abuse self-help groups;

b. Prescribed intensive outpatient or residential treatment services; and

c. Outpatient counseling per the certification/licensure requirements listed in (3);

(6) Provide the client with a list of referrals, which shall be aftercare providers that have met the requirements in (a)(4)-(5);

(7) Inform the client of the various counseling options available to the client, as described in (b) through (d);

(8) Complete Form IDIP-011, client profile, by including:

a. The LADC’s treatment recommendations;

b. The LADC’s dated signature; and

c. The date upon which the exit evaluation and assessment interview was completed; and

(9) Complete Form IDIP-033, further counseling report notification, by including:

a. The client’s name, address, and date of birth;

b. The date of the client’s exit evaluation and assessment interview; and

c. The LADC’s dated signature.

(b) If the client chooses to receive aftercare from the same provider that provided the client with IDIP or WIDIP services, if the provider has this service available, then:

(1) The client shall read and complete Form IDIP-032, waiver of alternative provider for further counseling requirements, by including:

a. The client’s name; and

b. The client’s dated signature;

(2) The aftercare LADC shall sign and date Form IDIP-032, waiver of alternative provider for further counseling requirements;

(3) The client shall read and complete Form IDIP-020, consent for the release of treatment information, by including:

a. The client’s name;

b. The aftercare agency name and address; and

d. The client’s dated signature;

(4) The aftercare LADC shall sign and date Form IDIP-020, consent for the release of treatment information; and

(5) The client shall not receive aftercare directly from the LADC that conducted his or her exit evaluation and assessment interview.

(c) If the client chooses to receive aftercare from an aftercare provider that did not provide the client with IDIP or WIDIP services, then the client shall complete and the aftercare LADC shall sign and date Form IDIP-020, consent for the release of treatment information, described in (b)(3)-(4) above.

(d) If the client chooses to receive aftercare from an aftercare provider outside of the State of New Hampshire, that client shall receive aftercare from an IC&RC reciprocal aftercare provider in that state. If there is no IC&RC reciprocal aftercare provider in that state, then the client may receive aftercare from an aftercare provider that is approved by that state for the purposes of license reinstatement subsequent to an alcohol or drug DWI conviction.

(e) Within 5 business days of the exit evaluation and assessment interview, the IDIP or WIDIP provider shall forward:

(1) Form IDIP-033, further counseling report notification, to the department of safety;

(2) Form IDIP-022, further counseling referral recommendations report, to the convicting court; and

(3) Form IDIP-011, client profile, to the department.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.14 Substantial Compliance with Further Counseling Requirements {#sec-he-a-707.14 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.14}

(a) Substantial compliance with further counseling requirements shall include the following:

(l) The client shall begin fulfilling the further counseling requirements within 3 months from the date of the exit evaluation and assessment interview; and

(2) The client shall pay all costs associated with the further counseling requirements.

(b) The IDIP or WIDIP shall obtain documentation of the client’s compliance with the further counseling requirement, as follows:

(1) If the client is receiving counseling, the aftercare provider shall submit to the IDIP or WIDIP a final summary report indicating the client’s compliance with the further counseling requirement and including an assessment of the client’s level of risk to recidivate; or

(2) If the client is attending a self-help organization, the client shall provide documentation of attendance and written reports of each meeting, which shall include the subject covered, the client’s reaction to the meeting, and how the meeting applied to the client.

(c) Upon receiving complete documentation of a client’s compliance with the further counseling requirement, the IDIP or WIDIP provider shall forward within 5 business days a copy of Form IDIP-021, program completion report, to the department, the court of conviction, and the department of safety.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.15 Second Opinion Evaluation and Assessment {#sec-he-a-707.15 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.15}

(a) If the client disagrees with the positive finding or the further counseling requirements, as determined by the client’s exit evaluation and assessment interview, the client may request a second opinion evaluation and assessment.

(b) A second opinion evaluation and assessment shall be completed by a different LADC than the one who conducted the client’s exit evaluation and assessment interview or by another provider that has met the requirements of He-A 707.13(a)(4)-(5).

(d) The client who requests a second opinion shall sign Form IDIP-020, consent for the release of treatment information, to allow the IDIP or WIDIP provider to forward all clinical data to the LADC, or other provider that has met the requirements of He-A 707.13(a)(4)-(5), conducting the second opinion evaluation.

(e) The IDIP or WIDIP shall forward clinical data to the LADC, or other provider that has met the requirements of He-A 707.13(a)(4)-(5), conducting the second opinion evaluation within 5 days of receiving Form IDIP-020.

(f) The LADC, or other provider that has met the requirements of He-A 707.13(a)(4)-(5), rendering the second opinion shall:

(1) Review all the clinical data including testing done by the IDIP or WIDIP regarding the client prior to conducting the evaluation;

(2) Meet with the client for no fewer than 3 and no more than 5 clinical hours; and

(3) Complete a written report of the second opinion evaluation and assessment, including, but not limited to:

a. An acknowledgment of the receipt and review of the IDIP or WIDIP clinical data;

b. The dates and duration of all client contact occurring in the course of the evaluation;

c. A biopsychosocial history of the client;

d. A substance abuse history of the client;

e. A legal history of the client;

f. A medical history of the client;

g. A family substance abuse history;

h. The relevant psychiatric history of the client;

i. The relevant medication history of the client

j. The client’s current substance use/abuse dependency status;

k. The client’s history of self-help attendance or involvement, if applicable;

l. The client’s history of any prior treatment for alcohol or substance abuse;

m. A summary of the client’s level of participation and motivation;

n. An identification and results summary of all diagnostic instruments utilized in the course of conducting the evaluation;

o. An assessment of client’s current risk level to recidivate; and

p. Further counseling and treatment recommendations for the client, if applicable; and

(4) Forward the report in (3) to the IDIP or WIDIP program director.

(g) Upon receipt of the second opinion evaluation report from the LADC, or other provider that has met the requirements of He-A 707.13(a)(4)-(5), the program director and the LADC exit evaluator shall review the findings of both the original exit evaluation and assessment interview and the second opinion evaluation.

(h) If there is information missing from the second opinion evaluation report, the program director shall obtain the missing information from the provider who rendered the second opinion evaluation.

(i) If the results of the second opinion evaluation agree with the positive finding and the further counseling requirement of the original exit evaluation and assessment interview, the program director shall inform the client of his or her need to comply with the original further counseling requirement or act upon his or her right to a hearing before the department of safety, pursuant to RSA 265-A:42 and Saf-C 204.20.

(j) If the results of the second opinion evaluation do not agree with the positive finding of the original exit evaluation and assessment interview, the program director and the LADC exit evaluator shall:

(1) Accept the second opinion evaluation as is and change the original further counseling requirements to coincide with the second opinion if new information is presented or previously existing information is clarified to indicate a different clinical finding;

(2) Communicate with the LADC, or other provider that has met the requirements of He-A 707.13(a)(4)-(5), that rendered the second opinion in order to address any new information or clarification of existing information and modify the original further counseling requirements accordingly; or

(3) Reject the second opinion evaluation if no new information or clarification of existing information has been received and maintain the client’s need to comply with the original further counseling requirements.

(k) If, after reviewing the second opinion evaluation report, the program director finds that the client needs to comply with the original or modified further counseling requirements, the program director shall so inform the client.

(l) If, after reviewing the second opinion evaluation report, the program director finds that the client does not need further counseling, the program director shall so inform the client and shall send Form IDIP-021, program completion report, to the department of safety within 5 days of receiving the second opinion evaluation.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.16 Alcohol Program Completion Hearing {#sec-he-a-707.16 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.16}

(a) A client may request a hearing with the department of safety, pursuant to RSA 265-A:42 and Saf-C 204.20, in order to rebut the finding and/or the further counseling requirements as determined at the client’s exit evaluation and assessment interview.

(b) At the alcohol program completion hearing conducted in accordance with Saf-C 204.20 and RSA 265-A:42, V, the IDIP or WIDIP shall have the burden of proving that the client has not successfully completed the program.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 707.17 Closing of Files {#sec-he-a-707.17 omnilex-key=us-nh-regs-official--agency-he-a--He-A 707.17}

(a) An IDIP or WIDIP provider shall close a client’s file if:

(1) The client fails to complete an exit evaluation and assessment interview within one year of the last scheduled class session;

(2) A client’s exit evaluation and assessment interview results in a negative finding and Form IDIP-021, program completion report, is sent to the department of safety, the court of conviction, and the department, pursuant to He-A 707.12(e);

(3) After receiving complete documentation of a client’s successful compliance with the further counseling requirements, Form IDIP-021, program completion report, is sent to the department of safety, the court of conviction, and the department, pursuant to He-A 707.15; or

(4) The client fails to begin fulfilling the further counseling requirements within 3 months of his or her exit evaluation and assessment interview.

(b) If a client’s file is closed pursuant to (a)(1), the IDIP or WIDIP provider shall:

(1) Complete Form IDIP-011, client profile, by indicating that the client did not complete an exit evaluation and assessment interview; and

(2) Submit Form IDIP-011 to the department.

(1) Complete Form IDIP-036, close file form, by including:

a. The facility code;

b. The section where the client is assigned;

c. The last four digits of the client’s Social Security number;

d. The client’s name;

e. The client’s address;

f. The client’s date of birth;

g. The date of the exit interview, if completed;

h. The further counseling requirements, if applicable; and

i. The provider staff member’s signature; and

(2) Submit Form IDIP-036 to the department.

(d) The IDIP or WIDIP shall reopen a client’s file after it has been closed pursuant to (a)(4) if the following conditions are met:

(1) The client requests that his or her file be reopened;

(2) The client pays the provider a $50.00 administrative fee; and

(3) If more than 6 months have elapsed since the date of the exit evaluation and assessment interview, the client has a LADC, or other provider that has met the requirements of He-A 707.13(a)(4)-(5), conduct an alcohol and drug abuse dependency evaluation that conforms to the requirements of the second opinion evaluation outlined in He-A 707.15(b)-(f).

(e) If there is information missing from the updated alcohol and drug abuse dependency evaluation report, the program director shall obtain the missing information from the provider who rendered the updated evaluation.

(f) Once a client’s file has been reopened, the program director and the LADC exit evaluator shall:

(1) Consider both the original exit evaluation finding and further counseling requirements and the updated alcohol and drug abuse dependency evaluation;

(2) Develop an updated treatment plan that outlines the method and duration of treatment that the client shall undertake; and

(3) Require the client to comply with the recommended aftercare pursuant to He-A 707.14.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

Part He-A 708 Program Monitoring

N.H. Code Admin. R. Ann. He-A 708.01 On-Site Visit {#sec-he-a-708.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 708.01}

(a) A department representative shall conduct on-site visits of all IDIPs and WIDIPs at least once per approval period.

(b) Visits may be scheduled or unscheduled, but shall take place during the IDIP’s or WIDIP’s operating hours.

(1) Random checking of records for accuracy and completeness;

(2) Review of the provider’s adherence to the curriculum format as described in He-A 707.11;

(3) Review of resource material; and

(4) Critique and evaluation of instructors.

(d) IDIPs and WIDIPs shall have staff available to answer questions during scheduled site visits and shall allow access to locked files during scheduled site visits.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 708.02 Monitoring Report. {#sec-he-a-708.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 708.02}

(a) A department representative shall complete a monitoring report within 14 business days of an on-site visit, which shall include:

(1) Specific recommendations for provider improvements and changes, if any;

(2) Corrective actions to be taken by the provider, if any; and

(3) Time frames for any corrective actions indicated.

(b) The department representative shall forward a copy of the monitoring report to the program director.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

N.H. Code Admin. R. Ann. He-A 708.03 Follow-Up Visit {#sec-he-a-708.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 708.03}

If adjudged necessary by the department representative because of needs for correction as a result of a previous site visit, client complaints, or errors in paperwork, a follow-up visit to communicate and discuss concerns shall be conducted, to ensure that the provider has followed the recommendations for improvements and changes, and for corrective actions.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

Part He-A 709 Proceedings

N.H. Code Admin. R. Ann. He-A 709.01 Proceedings {#sec-he-a-709.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 709.01}

Any adjudicative proceedings, including hearings that are necessary to resolve any contested issue relative to an IDIP or WIDIP provider or a certified IDIP or WIDIP instructor, shall be conducted pursuant to He-C 200.

History

#6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98
#6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

Part He-A 710 Waivers

N.H. Code Admin. R. Ann. He-A 710.01 Waivers {#sec-he-a-710.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 710.01}

(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 IDIP or WIDIP 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 public health services (DPHS) or by an IDIP or WIDIP program director and shall be submitted to the commissioner.

(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) The criteria described in (a) have 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) 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.

APPENDIX

RULE

STATUTE

He-A 701.01

RSA 265-A:39; RSA 265-A:42

He-A 702.01

RSA 172-B:1, I-XIV; RSA 541-A:7

He-A 703.01

RSA 265-A:39, IV(d)

He-A 703.02

RSA 265-A:39, IV(d)

He-A 703.03

RSA 265-A:39, IV(d)

He-A 703.04

RSA 265-A:39, IV(d)

He-A 703.05

RSA 265-A:39, V(c)

He-A 703.06

RSA 265-A:39, IV(c)-(d) and V(c)

He-A 703.07

RSA 265-A:39, IV(c)-(d) and V(c)

He-A 704.01

RSA 265-A:39, I, IV(b), and V(d); RSA 265-A:42, I(a) and (c)

He-A 704.02

RSA 265-A:42, I(b)

He-A 704.03

RSA 265-A:42, I and V

He-A 704.04

RSA 265-A:42, IV(a)

He-A 704.05

RSA 265-A:42, II and III; RSA 265-A:39, IV(a) and (c)

He-A 705

RSA 265-A:39, V(b)

He-A 706.01

RSA 265-A:39, I

He-A 706.02

RSA 265-A:39, I

He-A 706.03

RSA 265-A:39, IV(b)

He-A 706.04

RSA 265-A:39, V(d)

He-A 706.05

RSA 265-A:39, I

He-A 706.06

RSA 265-A:39, I

He-A 707.01

RSA 265-A:39, IV(c)

He-A 707.02

RSA 265-A:39, V(a)

He-A 707.03

RSA 265-A:39, I and V(d)

He-A 707.04

RSA 265-A:39, I and V(d)

He-A 707.05

RSA 265-A:39, III and V(d)

He-A 707.06

RSA 265-A:39, III and V(d)

He-A 707.07

RSA 265-A:39, I and V(d)

He-A 707.08

RSA 265-A:39, IV(c)

He-A 707.09

RSA 265-A:39, V(a)

He-A 707.10

RSA 265-A:39, III and V(a)

He-A 707.11

RSA 265-A:39, III and V(a)

He-A 707.12

RSA 265-A:39, III

He-A 707.13

RSA 265-A:39, IV(e)

He-A 707.14

RSA 265-A:39, IV(e)

He-A 707.15

RSA 265-A:39, IV

He-A 707.16

RSA 265-A:39, IV

He-A 707.17

RSA 265-A:39, IV

He-A 708.01

RSA 265-A:39, V(d)

He-A 708.02

RSA 265-A:39, IV(c) and V(d)

He-A 708.03

RSA 265-A:39, V(d)

He-A 709.01

RSA 265-A:42, V; RSA 265-A:39, V(d)

He-A 710.01

RSA 265-A:39, IV(e)

History

#8749, eff 11-16-06

Chapter He-A 900 Phase Ii Programs

Part He-A 901 Purpose

N.H. Code Admin. R. Ann. He-A 901.01 Purpose {#sec-he-a-901.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 901.01}

The purpose of these rules is to establish the requirements of the phase II impaired driver intervention programs statewide.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

Part He-A 902 Definitions

N.H. Code Admin. R. Ann. He-A 902.01 Definitions {#sec-he-a-902.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 902.01}

For purposes of this chapter, the following words shall have the meanings indicated:

(a) “Administrative activities” means all management, fiscal, and clerical activities performed by a staff member of a phase II program provider;

(b) “Administrative fee” means a fee paid by the client for failure to start a program on time, for a program transfer, or to re-start a program;

(c) “Aftercare” means any treatment required to be completed by the client who has been issued a positive finding as a result of the client’s exit evaluation and assessment interview;

(e) “Approval” means the process whereby specific programs are designated to provide phase II services;

(f) “Approval period” means the period of time specific providers are designated to provide phase II services;

(g) “Certification” means a process whereby the department determines whether an applicant meets the minimum qualifications for a phase II or IDIP instructor as specified in He-A 705 and these rules;

(h) “Client” means a person convicted of a subsequent first offense, aggravated driving while impaired (DWI) offense, or a multiple DWI offense and who attends a phase II program;

(i) “Client profile” means a form created by the department that is completed by the provider, contains information about each client, and is submitted to the department for the purposes of data collection;

(j) “Co-facilitator” means a person who assists a certified instructor in conducting a phase II class, and who is either a certified instructor or currently working towards becoming a certified instructor;

(k) “Commissioner” means the commissioner of the department, or his or her designee;

(l) “Completion report” means a form created by the department which contains information about the client’s completion status of a phase II program, or a similar form approved by another state for the purpose of reporting a client’s completion status after participating in a state-approved alcohol and drug education and intervention program;

(m) “Course” means an intake interview, all educational classes, and the exit evaluation and assessment interview pertaining to a phase II program;

(n) “Department” means the New Hampshire department of health and human services (DHHS);

(o) “Department representative” means the individual designated by the department to conduct on-site visits to phase II programs and to complete monitoring reports based on those visits;

(p) “Direct client activities” means activities performed by a phase II program staff member which directly involve the educational and group process in relation to the client, including instructional, intake, evaluative, and assessment components;

(q) “Diagnostic instruments” means formal, validated written evaluation tools designed to elicit responses from clients relative to their involvement with alcohol and other drugs;

(r) “Driving while impaired (DWI)” means driving under the influence of alcohol or drugs, pursuant to RSA 265-A:2 and RSA 265-A:3;

(s) “Exit evaluation and assessment interview” means a one-hour interview between a client and a New Hampshire licensed alcohol and drug abuse counselor (LADC), following the client’s completion of all phase II class sessions;

(t) “Further counseling requirements” means participation in alcohol and/or drug intervention activities such as self-help, outpatient counseling, residential treatment, or other similar activities deemed necessary by a LADC as the result of a positive finding for substance abuse or dependency;

(u) “Impaired driver intervention program (IDIP)” means a program for persons convicted under RSA 265-A:2 and sentenced pursuant to RSA 265-A:18, and that is conducted pursuant to RSA 265-A:39, RSA 265-A:42, and He-A 700;

(v) “Instructor” means an individual who has been certified by the department, pursuant to He-A 705, to facilitate phase II sessions;

(w) “Intake interview” means a one-hour interview between a client and a LADC, or a phase II program staff member under LADC supervision, conducted in order to collect personal information and complete diagnostic instruments prior to educational classes;

(x) “International Certification & Reciprocity Consortium (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;

(y) “Licensed alcohol and drug counselor (LADC)” means a person licensed by the State of New Hampshire to serve as an alcohol and drug counselor;

(z) “Monitoring report” means a report generated by a department representative to record results of on-site visits made to providers for the purpose of quality assurance;

(aa) “Multiple DWI offender intervention detention center program (MOP)” means the 7-day residential intervention program operated by the state of New Hampshire for persons convicted under RSA 265-A:2 or RSA 265-A:3 and sentenced pursuant to RSA 265-A:18, and that is conducted pursuant to RSA 265-A:40 and RSA 265-A:42;

(ab) “Negative finding” means the result of an exit evaluation and assessment interview, which determines that a client does not have an alcohol or drug problem;

(ac) “Phase II program” means a 7-day residential impaired driver intervention program, equivalent to the multiple DWI offender intervention detention center program (MOP), for persons convicted under RSA 265-A:2 or RSA 265-A:3 and sentenced pursuant to RSA 265-A:18, and that is conducted pursuant to RSA 265-A:39, RSA 265-A:42, and He-A 900;

(ad) “Positive finding” means the result of an exit evaluation and assessment interview, which determines that a client does have an alcohol or drug problem;

(ae) “Program” means the course, as defined in (m), and any required aftercare;

(af) “Program director” means the director of a phase II program;

(ag) “Program fee” means the fee paid by a client to the phase II program provider in order to participate in the 7-day residential program;

(ah) “Provider” means an entity that offers impaired driver intervention and educational programming;

(ai) “Quarter” means a 3-month portion of a year, beginning on January 1, April 1, July 1, or October 1;

(aj) “Request for applications (RFA)” means a formalized application process, pursuant to He-A 906, whereby the commissioner seeks applications for the provision of phase II services from provider applicants;

(ak) “Section” means a grouping of clients forming an instructional unit;

(al) “Session” means a single component of a phase II program’s curriculum;

(am) “Significant other” means an individual who is not related by marriage or blood to the client, but who plays a role in the client’s life that is similar to the role of a spouse;

(an) “Successful completion” means “successful completion” as defined in RSA 265-A:42, II and III and RSA 265-A:18, VII(c); and

(ao) “Treatment” means the application of planned procedures to identify and change patterns of behavior that are maladaptive, destructive and/or injurious to health, or to restore appropriate levels of physical, psychological, and/or social functioning.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08; amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10

Part He-A 903 Schedule of Fees and Charges

N.H. Code Admin. R. Ann. He-A 903.01 Phase II Program Fee {#sec-he-a-903.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 903.01}

(a) The fee to be paid by each client for the phase II program, including all course materials, shall be $1,750.

(b) The client shall make complete payment of the program fee to the phase II program provider prior to the start of the program, unless a payment plan agreed to via signed contract by the client and the provider has been arranged.

(c) Any person sentenced under RSA 265-A:18 for an aggravated DWI offense or a multiple DWI offense shall not be required to pay any of the program fee prior to starting the program, but that client shall have a signed contract with the provider to pay the entire program fee, and any additional administrative fees and interest accrued, within 12 months of exiting the 7-day program, and pay in full the balance by the date specified in the contract.

(d) The provider may offer the following payment plans:

(1) The client shall pay the full program fee prior to the start of the program in order to receive a 20% discount on the full program fee;

(2) The client shall pay a minimum of one-half of the full program fee prior to starting the program, have a signed contract with the provider to pay the full balance of the program fee, and any additional administrative fees and interest accrued, within 6 months of exiting the 7-day program in order to receive a 15% discount on the full program fee, and pay in full the balance by the date specified in the contract; and

(3) The client shall pay a minimum of one-third of the full program fee prior to starting the program, have a signed contract with the provider to pay the full balance of the program fee, and any additional administrative fee and interest accrued, within 12 months of exiting the 7-day program, and pay in full the balance by the date specified in the contract.

(e) If the client who agrees to a payment plan in (d)(2) above fails to pay in full the balance by the date specified in the contract, no discount shall be applied to the program fee.

(f) Failure to pay the balance of the program fee, and any additional administrative fees and interest accrued, by the date specified in the signed contract in (c) above shall result in notice being sent to the convicting court regarding lack of payment.

(g) The program fee in (a) shall be reduced based on proof of financial hardship if the client’s gross household income for the 12-month period immediately prior to the client’s enrollment in the program was at or below 100% of the most recent federal poverty level as published annually in the Federal Register by the Secretary of the U.S. Department of Health and Human Services.

(h) A client shall furnish any of the following documents, as applicable, to demonstrate proof of financial hardship in accordance with (g) above:

(1) The client’s most recent IRS tax return;

(2) The client’s pay stubs for the 4 months prior to program enrollment, if applicable; or

(3) Proof of the client’s receipt of one or more of the following sources of assistance:

a. Food stamps;

b. Temporary assistance to needy families;

c. Social Security disability;

d. Supplemental security income;

e. Aid to the permanently and totally disabled; or

f. Old age assistance.

(i) The client’s reduced fee shall be determined as follows:

(1) The client’s income shall be divided by the poverty guideline that applies to the client’s family unit size;

(2) The resulting percentage shall be the portion of the fee for which the client is responsible, if such fee does not exceed 75% of the current program fee;

(3) If the new fee exceeds 75% of the current program fee, the fee paid by the client shall be 75% of the current program fee; and

(4) The client’s reduced fee due to financial hardship shall not be combined with either of the discounts described in (d)(1) or (2) above, but the payment plan timeframes described in (d) above shall still apply.

(j) Failure to provide documentation pursuant to (h) above shall result in denial of any reduction.

(k) If upon review of the client’s hardship status, the provider determines that the client no longer qualifies for a reduced fee for hardship, the client shall be required to pay the full program fee with no hardship reduction.

(l) For each reduced-fee client, the per-client monitoring fee charged pursuant to He-A 903.03 shall be waived.

(m) Pursuant to RSA 265-A:42, III, a client shall not be considered to have successfully completed a phase II program until that client has paid all assessed program and administrative fees, and interest accrued thereupon.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; amd by #7209, eff 2-26-00; amd by #7320, eff 7-22-00; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08; amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10

N.H. Code Admin. R. Ann. He-A 903.02 Administrative Fee for Phase II Programs {#sec-he-a-903.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 903.02}

Unless otherwise specified herein, if any He-A 900 rule mandates an administrative fee, as defined in He-A 902.01(b) and allowed by RSA 265-A:39, IV(d), the administrative fee to be paid by the client for a phase II program shall be $150.00.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

N.H. Code Admin. R. Ann. He-A 903.03 Per-Client Monitoring Fee {#sec-he-a-903.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 903.03}

(a) The per-client monitoring fee to be paid quarterly by each phase II program provider, as allowed by RSA 265-A:39, V(c), shall be $25.00 per client.

(b) The department shall determine the number of billable clients for each phase II program provider by tabulating the number of client profiles that are completed and submitted to the department and processed quarterly.

(c) The department shall send to each program director a quarterly bill for the per-client monitoring fee, payable upon receipt.

(d) The per-client monitoring fee shall be waived for reduced-fee clients as described in He-A 903.01(h).

(e) The per-client monitoring fee shall be waived for each client for whom a phase II representative attends an alcohol program completion hearing, provided that the phase II provider submits a written list of such clients to the department by the 10th day of the following month.

(f) If a phase II program provider fails to submit payment of the per-client monitoring fee within 30 days of the billing date, the department shall consider that provider delinquent and shall issue a written notice to inform the provider that it shall be removed from the list of approved providers if payment is not received by the department within 90 days.

(g) If payment of the per-client monitoring fee is not paid in full within 60 days of the billing date, the delinquent account shall be referred to the department’s financial officer.

(h) If payment of the per-client monitoring fee is still not made in full after 90 days, the commissioner shall suspend the agreement with the provider, thus disallowing the provider from providing phase II program services.

(i) If a phase II provider is delinquent a second time during the same approval period, the commissioner shall cancel the agreement with the provider.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 903.05)

N.H. Code Admin. R. Ann. He-A 903.04 Program Audit {#sec-he-a-903.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 903.04}

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 903.06)

N.H. Code Admin. R. Ann. He-A 903.05 Annual Report of Reduced Fees {#sec-he-a-903.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 903.05}

By the last working day in January, each phase II program provider shall submit a report to the department that lists the number of clients in the preceding calendar year for whom the program fee was reduced due to financial hardship.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

Part He-A 904 Program Participation Requirements

N.H. Code Admin. R. Ann. He-A 904.01 New Hampshire {#sec-he-a-904.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 904.01}

Residents: Program Options.

(a) Upon conviction under RSA 265-A:2 or RSA 265-A:3, and pursuant to RSA 265-A:42 and RSA 265-A:39, I, a person who is a resident of the state of New Hampshire shall attend a phase II program in the state, as assigned by the court or the department.

(b) If a New Hampshire resident lives in another state for at least 9 months out of a year for the purpose of formal study in a state certified educational institution or is in active military duty, such person shall be considered a non-resident for the purpose of these rules.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 904.01 & He-A 904.02); amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10

N.H. Code Admin. R. Ann. He-A 904.02 Non-Residents: Program Options and Notification Requirements {#sec-he-a-904.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 904.02}

(a) Upon conviction under RSA 265-A:2 or RSA 265-A:3 and pursuant to RSA 265-A:42 and RSA 265-A:39, I, a person who is a non-resident of the state of New Hampshire shall attend one of the following programs:

(1) A phase II program in New Hampshire, as assigned by the court or the department;

(2) Pursuant to RSA 265-A:42, I(b), a program comparable to a phase II program which is approved by the NH court or the NH department of safety; or

(3) A comparable impaired driver intervention program offered by the U.S. armed services.

(b) If a non-resident chooses to attend a program in the state in which he or she lives to satisfy the requirement for driving privilege restoration pursuant to RSA 265-A:42, the client shall forward, or request the provider to forward, all necessary completion reports for such a program to the New Hampshire court of conviction and to the New Hampshire department of safety.

(c) Notwithstanding He-A 904.01(b) and (a) and (b) above, those clients who were sentenced under RSA 265-A:18 for an aggravated DWI offense or a multiple DWI offense shall not have the option of completing a program in accordance with (a)(2) or (3) above.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 904.04 and He-A 904.05) amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10

N.H. Code Admin. R. Ann. He-A 904.03 Enrollment {#sec-he-a-904.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 904.03}

(a) Each client shall provide the phase II program in which he or she enrolls with the following information:

(1) An original certified copy of the client’s driver’s license record, to be obtained within 60 days immediately prior to the intake interview, from all of the following:

a. The State of New Hampshire department of safety, division of motor vehicles;

b. The state in which the client holds a driver’s license, if a non-resident; and

c. Any state in which the person has been arrested or convicted for an offense involving driving a motor vehicle under the influence of alcohol or drugs;

(2) The department of safety notice of action indicating the appropriate program;

(3) Superior or district court orders; and

(4) Chemical test results, if any were performed, or documentation of the client’s refusal to submit to chemical tests.

(b) The documents listed in (a) shall be submitted by the client to the phase II provider at the intake interview.

(c) If the documents listed in (a) are not submitted at the intake interview because they are not available at the time that the intake interview is scheduled, the documents shall be submitted before the program provider conducts the client’s exit interview and assessment evaluation.

(d) If a client reports for the intake interview with a court order or a department of safety notice action that indicates that he or she requires a different program, the provider shall:

(1) Direct the client to the appropriate program; and

(2) Charge an administrative fee as described in He-A 903.02.

(e) If the client reports for the intake interview with a client driver’s license record in (a)(1) above that indicates that a different program may be required, the provider shall:

(1) Inform the client of the potential incorrect program choice; and

(2) Not prohibit the client from entering the chosen program.

(f) If a client reports for the intake interview with information that is inaccurate or incomplete, neither the client nor the department shall hold the provider responsible for enrolling the client in the wrong program.

History

#5252, eff 10-22-91; rpld by #6222, eff 4-13-96; ss by #7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 904.06)

N.H. Code Admin. R. Ann. He-A 904.04 Attendance and Completion Requirements {#sec-he-a-904.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 904.04}

(a) Pursuant to RSA 265-A:42, V(a), a client shall be presumed to have successfully completed a phase II program if he or she has met the following requirements:

(1) Attendance at all sessions, including an intake interview, with active participation in discussions and assessments, and completion of exercises, tests, and all required forms;

(2) Completion of the scheduled exit evaluation and assessment interview; and

(3) Payment in full of all assessed program and administrative fees.

(c) If a client fails to keep a scheduled appointment for the intake interview, or if the client leaves during the intake interview or the exit evaluation and assessment interview and subsequently returns, the provider shall charge the client an administrative fee, unless the failure to start the program is excusable as established in (e) below.

(d) If a client fails to start to start the program for which he or she has enrolled, the client shall be charged an administrative fee and rescheduled for the next available course cycle unless the failure to start the program is excusable as established in (e) below, but the client shall not be held responsible for agency errors in scheduling.

(e) An excused absence from the program shall be granted by the program director only for an emergency situation beyond the control of the client, consisting of one of the following:

(1) A death in the client’s immediate family;

(2) A medical emergency pertaining to the client that prohibits attendance; or

(3) A medical emergency in the client’s immediate family.

(f) If a client is granted an excused absence, the phase II provider shall allow the client to participate in the next scheduled section of the program, beginning with the session where he or she left off, and the client shall not be required to pay an administrative fee.

(g) If a client is absent from a session without being excused, the client shall leave the program, be refunded a prorated program fee, begin the program anew at the next scheduled first session, and shall again pay the entire program fee.

(h) The client shall not be under the influence of alcohol, any illicit substance, or any non-prescribed or over-the-counter medication during program attendance. 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 client shall leave the program, be refunded a prorated program fee, begin the program anew at the next scheduled first session, and shall again pay the entire program fee.

(i) If, during the intake interview, the client reveals that he or she is currently taking an mood-altering medication under a physician’s direction, or if, during the course of the phase II program, 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.

(j) If the physician’s assessment in (i) 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 be refunded a prorated program fee, if applicable, and shall again pay the entire program fee.

(k) If a client terminates the program for any reason other than course completion, the phase II program director shall notify the department and the court via a completion report, Form IDIP-021.

(l) On-line impaired driver intervention programs shall not be acceptable for phase II program attendance and completion.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 904.07)

N.H. Code Admin. R. Ann. He-A 904.05 Provider Acceptance of Clients {#sec-he-a-904.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 904.05}

(a) A provider shall accept as a client any person sentenced under RSA 265-A:18 for an aggravated DWI offense or multiple DWI offenses and who is assigned to that provider by the convicting court or the department.

(b) A provider’s acceptance of a client in (a) above shall be limited by the provider’s capacity in terms of facility size, the number of available beds, and the number of sections per month offered by the provider.

History

#9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10

Part He-A 905 Instructor Certification

N.H. Code Admin. R. Ann. He-A 905.01 Instructor Certification {#sec-he-a-905.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 905.01}

(a) No person shall facilitate a phase II session unless he or she is certified as an IDIP instructor in accordance with He-A 705. Instructor certification applications may be obtained from the department.

(b) 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 705.06.

(d) The department shall revoke the certification of an instructor for the reasons and by the procedures described in He-A 705.06.

History

#5252, eff 10-22-91, EXPIRED: 10-22-97
#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

Part He-A 906 Program Approval Process: Phase Ii Programs

N.H. Code Admin. R. Ann. He-A 906.01 Approval for Delivery of Services {#sec-he-a-906.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 906.01}

(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 these rules without first submitting an application through the Request for Applications (RFA) process and obtaining approval from the commissioner.

(b) All applicants for the delivery of phase II program services for specific areas of the state shall obtain approval from the commissioner through the RFA process.

(d) An applicant’s responses to the RFA requirements shall be evaluated in accordance with a standardized, uniform scoring system which is detailed in the RFA.

(e) A minimum acceptable score shall be established for all requirements.

(f) An applicant shall demonstrate, at a minimum:

(1) Appropriate staffing;

(2) Programmatic knowledge;

(3) Experience in providing programs at least comparable to a phase II program;

(4) Knowledge of the demographics and geography of the state;

(5) Financial viability;

(6) Proximity of service location(s) relative to the clientele;

(7) Evidence of good standing with the secretary of state; and

(8) Compliance with all applicable local fire and life safety codes required by the respective town, municipality, and the State of New Hampshire.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08, EXPIRED
#9082, eff 1-30-08 (from He-A 906.02)

N.H. Code Admin. R. Ann. He-A 906.02 Approval Period {#sec-he-a-906.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 906.02}

The commissioner shall approve a phase II program provider for a 2-year period following the application process.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 906.08)

N.H. Code Admin. R. Ann. He-A 906.03 Access for Inspection and Monitoring {#sec-he-a-906.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 906.03}

As a condition of approval, each phase II program provider shall:

(a) Provide access at any time during its hours of operation to department representatives for purposes of inspection and monitoring; and

(b) Cooperate fully with and answer all questions of the department representative regarding the provision of phase II services to the public.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 906.04)

N.H. Code Admin. R. Ann. He-A 906.04 Non-Transferable Approval {#sec-he-a-906.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 906.04}

The approval for a phase II program provider shall be non-transferable.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 906.09)

N.H. Code Admin. R. Ann. He-A 906.05 Termination of Service {#sec-he-a-906.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 906.05}

If an approved phase II program provider terminates its services for any reason, the provider shall submit written notification of the termination to the department 60 days prior to the termination date.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 906.10)

Part He-A 907 Minimum Program Requirements

N.H. Code Admin. R. Ann. He-A 907.01 Confidentiality {#sec-he-a-907.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.01}

Phase II programs shall comply with RSA 172:8-a, RSA 318-B:12, 42 CFR 401.105, and 42 CFR 2, relative to confidentiality of client records and interactions, and shall comply with any other applicable laws.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

N.H. Code Admin. R. Ann. He-A 907.02 Services Prohibited {#sec-he-a-907.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.02}

Each phase II program shall offer only intervention and educational services for its clients convicted of DWI, but shall not provide treatment services for the alcohol and drug problems of said clients within the context of phase II programming.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

N.H. Code Admin. R. Ann. He-A 907.03 Interpreters {#sec-he-a-907.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.03}

Each phase II program shall provide, at the provider’s expense:

(a) Interpreters for clients who are hearing impaired; and

(b) Interpreters for clients who are non-English speaking.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

N.H. Code Admin. R. Ann. He-A 907.04 Accessibility {#sec-he-a-907.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.04}

Each phase II program provider shall provide handicapped accessibility into and within the provider’s buildings, in compliance with the Americans with Disabilities Act.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

N.H. Code Admin. R. Ann. He-A 907.05 Forms, Pamphlets, and Other Literature {#sec-he-a-907.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.05}

(a) In order to ensure uniformity of phase II data and information statewide, the department shall design or approve forms, pamphlets, and other written literature.

(b) Providers shall submit to the department any non-department-designed material for department approval prior to use.

(1) Does not conflict with any part of He-A 900;

(2) Is directly relevant to course or program requirements found in He-A 900; and

(3) Clarifies or enhances an aspect of the program consistent with He-A 900.

(e) Providers shall make no alterations or amendments to department-designed or approved forms, pamphlets and other written literature, other than the addition of the provider’s logo in the space provided on each one, except as approved by the department.

(f) The department shall provide master copies of all forms, pamphlets, and other written literature to each approved program. Each program shall then be responsible for producing its own supply of the forms, pamphlets and other written literature.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.04)

N.H. Code Admin. R. Ann. He-A 907.06 Scheduling Requirements {#sec-he-a-907.06 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.06}

Program providers shall conduct sessions to ensure course completion on a timely basis for all clients, as follows:

(a) Programs shall offer a course when there are at least 6 clients scheduled for a course; and

(b) If a course cannot be scheduled for 3 months because the minimum number of clients has not been met, the program provider shall refer clients to another phase II provider.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.05); amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10

N.H. Code Admin. R. Ann. He-A 907.07 Section Size {#sec-he-a-907.07 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.07}

(a) The minimum section size shall be 6 clients.

(b) The maximum section size shall be 12 clients.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.06) ); amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10

N.H. Code Admin. R. Ann. He-A 907.08 Specific Phase II Requirements {#sec-he-a-907.08 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.08}

(a) A phase II program shall consist of 7 consecutive 24-hour periods of residential intervention and education.

(b) A phase II program shall provide an orientation of the facility and its rules for the client.

(1) The participation of minors in the program;

(2) Taking a medical history of each client;

(3) Screening and securing of all medication brought by the client;

(4) Conducting a physical search of all luggage and belongings brought by the client; and

(5) Client use of electronic devices such as, but not limited to, cell phones, laptop computers, and portable music players.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.07)

N.H. Code Admin. R. Ann. He-A 907.09 Phase II Intake Interview {#sec-he-a-907.09 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.09}

(a) There shall be an initial one-on-one intake interview between the client and a LADC, or a phase II program staff member under LADC supervision.

(b) The intake interview shall take place prior to, and separate from, course sessions.

(1) The client shall provide the phase II program with the documents required pursuant to He-A 904.04;

(2) The client shall complete the diagnostic instruments;

(3) The LADC shall complete Form IDIP-011, client profile, by including the following printed or typewritten information:

a. The facility code;

b. The section where the client is assigned;

c. The last four digits of the client’s Social Security number;

d. The client’s name;

e. The client’s initials;

f. The program type;

g. The client’s address;

h. The client’s date of birth;

i. The date of the client’s intake interview;

j. The client’s gender;

k. Whether the client is restarting a program;

l. The court of the client’s conviction;

m. The date of the client’s arrest;

n. The client’s blood alcohol test results, or an indication of the client’s refusal of consent;

o. All of the client’s DWI convictions, including the current one, and drug impaired driving convictions, unless otherwise protected by law;

p. All DWI courses previously attended by the client;

q. The client’s marital status;

r. The client’s education level;

s. The client’s occupation;

t. The client’s current income;

u. Whether the program fee was reduced due to financial hardship;

v. The client’s history of treatment for any other alcohol or other substance abuse problem;

w. The frequency of alcohol consumption in the past;

x. The signature of the LADC completing the top of the form, which shall not be printed or typewritten;

(4) The client shall provide to the LADC completing Form IDIP-011, client profile, the information required in (3)c., o. through t., v., and w.;

(5) The client shall complete Form IDIP-019, consent for the release of confidential information, specifically for the department, the convicting court, and the department of safety, by including:

a. The client’s name;

b. The name and address of the convicting court; and

c. The client’s dated signature;

(6) The provider staff member shall sign and date Form IDIP-019, consent for the release of confidential information;

(7) The client shall read and complete Form IDIP-016, phase II client agreement, by including:

a. The client’s name; and

b. The client’s dated signature, indicating that he or she has read the form and agrees to attend the identified sessions; and

(8) The provider staff member shall complete Form IDIP-016, phase II client agreement, by including:

a. The class location of the phase II program, including the street address, city or town, and telephone number;

b. All scheduled session days, dates, times, and instructors; and

c. The dated signature of the phase II staff member.

(d) The client shall complete, read and sign any other department-approved forms and materials which are provided by each agency to cover the agency’s individual program policies, procedures, or other information.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.10)

N.H. Code Admin. R. Ann. He-A 907.10 Phase II Program Curriculum {#sec-he-a-907.10 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.10}

(a) A phase II program shall consist, at a minimum, of 65 hours of educational curriculum.

(b) A phase II program 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;

(2) Expectations of both the provider and the client;

(3) The current NH DWI laws, including potential penalties for subsequent convictions, and the requirements and procedures for successful completion of the phase II program and for license reinstatement;

(4) The rules contained in He-A 900 that require the client’s compliance; and

(5) What failure to complete the program means.

(1) Physiological and medical effects of toxic substances on the body, including the process of addiction and other health-related risks;

(2) Psychosocial effects of alcohol and drug use and abuse, focusing on consumption;

(3) The effects of alcohol and other drugs on driving;

(4) Identification of drinking and impaired driving behaviors and patterns as related to alcohol and other drug use;

(5) The impact of psychological defense mechanisms;

(6) The impact of substance abuse on the family;

(7) The impact of substance abuse on employment;

(8) Social and personal attitudes toward substance use and abuse;

(9) Each client’s description of his or her DWI incident;

(10) The topic of children of alcoholics;

(11) Relapse, including risk factors and prevention strategies;

(12) Self-awareness and goal-setting, including the implementation of a self-assessment tool; and

(13) Introduction to self-help groups.

(d) During group sessions, instructors shall emphasize group process and self-awareness.

(e) A phase II program shall offer clients at least one scheduled individual session with program staff.

(f) A phase II program shall introduce clients to available aftercare/treatment options.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

N.H. Code Admin. R. Ann. He-A 907.11 Progress Notes {#sec-he-a-907.11 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.11}

(a) The phase II program instructor shall complete a progress note on each client for each session.

(b) Each progress note 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 current use of alcohol and/or other drugs.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.08)

N.H. Code Admin. R. Ann. He-A 907.12 Films and Resource Materials {#sec-he-a-907.12 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.12}

(a) Providers shall use only those films and resource materials approved by the department, according to the procedure and criteria described in He-A 907.05(b) and (c).

(b) New films or resource materials may be used subsequent to department approval.

(c) There shall be no more than 15 films, videos, or movies, which have been approved by the department, shown during group sessions, with group discussions of each film.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.09)

N.H. Code Admin. R. Ann. He-A 907.13 Exit Evaluation and Assessment Interview {#sec-he-a-907.13 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.13}

(a) Following each client’s completion of all the required sessions, and prior to the client leaving the 7-day residential program, a LADC shall conduct an exit evaluation and assessment interview.

(b) The exit evaluation and assessment interview shall:

(1) Be a personal, individual interview performed by a LADC employed by the phase II program provider;

(2) Be at least one hour in length;

(3) Follow and be separate from the class sessions;

(4) Include discussion of the diagnostic instruments and the interpretation of the client’s scores;

(5) Include discussion of all substance abuse and dependence indicators presented by the client, including the results of the diagnostic instruments in (b)(4);

(6) Include the LADC’s assessment of the client’s involvement with alcohol and drugs; and

(7) Include either a positive or a negative finding for alcohol or other drug abuse and/or dependence and indicate if there is a need for further evaluation or counseling.

(1) The client meets diagnostic criteria for alcohol or other substance abuse and/or dependence in accordance with the Diagnostic and Statistical Manual of Mental Disorders, 4th Edition;

(2) The client is age 21 or over and had a blood alcohol concentration (BAC) of 0.16 or higher at the time of arrest;

(3) The client has 2 or more alcohol or drug-related motor vehicle arrests or convictions; or

(4) The client is under the age of 21 and had a BAC of 0.08 or higher at the time of arrest.

(e) If there is a negative finding, the LADC shall:

(1) Complete Form IDIP-021, program completion report, by including:

a. The facility code;

b. The class section where the client was assigned;

c. The last four digits of the client’s Social Security number;

d. The client’s name;

e. The client’s initials;

f. The client’s mailing address;

g. The client’s date of birth;

h. The court where the client was convicted;

i. The court docket number;

j. The date of conviction;

k. The date of the client’s arrest:

l. The program enrollment date;

m. The completion and recommendation status;

n. The signature of the LADC conducting the exit evaluation and assessment interview;

o. The date of the exit evaluation and assessment;

p. The date aftercare was completed;

q. The agency name or LADC providing aftercare; and

r. The dated signature of the LADC completing the bottom of the form;

(2) Complete and send a copy of Form IDIP-011, client profile, to the department, indicating that the client completed the phase II program, within 5 business days of the exit evaluation and assessment interview; and

(3) Send a copy of the completed Form IDIP-021, program completion report, to the department of safety, the convicting court, and the department within 5 business days of the exit evaluation and assessment interview.

(f) If there is a positive finding, the LADC shall refer the client for further counseling, pursuant to He-A 907.14, and inform the client as to the reason for the referral.

(g) If there is a positive finding and the client does not accept the finding or the further counseling requirements, he or she may:

(1) Request a second opinion evaluation, pursuant to He-A 907.16; and

(2) Act on his or her right to an alcohol program completion hearing before the department of safety, pursuant to RSA 265-A:42 and Saf-C 204.20.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.11)

N.H. Code Admin. R. Ann. He-A 907.14 Referral for Further Counseling {#sec-he-a-907.14 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.14}

In cases when there is a positive finding for alcohol or other drug abuse and/or dependence and the client is referred for further counseling, the following shall occur:

(a) The LADC conducting the exit interview shall:

(1) Develop a preliminary treatment plan that outlines the method and duration of aftercare that the client shall undertake, and shall discuss it with the client;

(2) Complete Form IDIP-022, further counseling referral recommendations report, by including:

a. The client’s name;

b. The client’s address

c. The client’s date of birth;

d. The date of the client’s enrollment;

e. The date of the client’s referral;

f. The client’s BAC at the time of arrest, or an indication of the client’s refusal of consent;

g. The client’s number of DWI convictions;

h. An assessment of the client’s problem and needs area(s);

i. A brief client history and background;

j. A description of the client’s drinking and drug use patterns;

k. A preliminary treatment plan;

l. Any additional comments;

m. The client’s response; and

n. The dated signature of the LADC completing the form;

(3) Have the client sign and date Form IDIP-022, further counseling referral recommendations report;

(4) Inform the client of the minimum certification/licensure requirements an aftercare provider must hold in order to provide approved aftercare services, as follows:

a. Outpatient counseling with a New Hampshire LADC, or an International Certification and Reciprocity Consortium (IC&RC) reciprocal level counselor;

c. A licensed psychologist with a certificate from the American Psychological Association for the treatment of alcohol and other psychoactive substance abuse disorders;

(5) Inform the client of the approved aftercare treatment/evaluation services available, including:

a. Alcohol and drug abuse self-help groups;

b. Intensive outpatient or residential treatment services; and

c. Outpatient counseling per the certification/licensure requirements listed in (a)(4) above;

(6) Provide the client with a list of referrals, which shall be aftercare providers that have met the requirements in (a)(4)-(5) above;

(7) Inform the client of the various counseling options available to the client, as described in (b) through (d) below;

(8) Complete Form IDIP-011, client profile, by including:

a. The LADC’s treatment recommendations;

b. The LADC’s dated signature; and

c. The date upon which the exit evaluation and assessment interview was completed; and

(9) Complete Form IDIP-033, further counseling report notification, by including:

a. The client’s name, address, and date of birth;

b. The date of the client’s exit evaluation and assessment interview; and

c. The LADC’s dated signature.

(b) If the client chooses to receive aftercare from the same provider that provided the client with phase II program services, if the provider has this service available, then:

(1) The client shall read and complete Form IDIP-032, waiver of alternative provider for further counseling requirements, by including:

a. The client’s name; and

b. The client’s dated signature;

(2) The aftercare LADC shall sign and date Form IDIP-032, waiver of alternative provider for further counseling requirements;

(3) The client shall read and complete Form IDIP-020, consent for the release of treatment information, by including:

a. The client’s name;

b. The aftercare agency name and address; and

d. The client’s dated signature;

(4) The aftercare LADC shall sign and date Form IDIP-020, consent for the release of treatment information; and

(5) The client shall not receive aftercare directly from the LADC that conducted his or her exit evaluation and assessment interview.

(c) If the client chooses to receive aftercare from an aftercare provider that did not provide the client with phase II program services, then the client shall complete, and the aftercare LADC shall sign and date, Form IDIP-020, consent for the release of treatment information, described in (b)(3)-(4) above.

(e) Within 5 business days of the exit evaluation and assessment interview, the phase II program provider shall forward:

(1) Form IDIP-033, further counseling report notification, to the department of safety;

(2) Form IDIP-022, further counseling referral recommendations report, to the convicting court; and

(3) Form IDIP-011, client profile, to the department.

(f) For those clients sentenced under RSA 265-A:18 for an aggravated DWI offense or a multiple DWI offense, the following shall occur:

(1) The phase II program staff shall inform the client that, pursuant to RSA 265-A:18, I(b)(3), I(c)(3), or IV(a)(3), he or she must begin the further counseling requirements within 60 days of being released from the 7-day residential program or some other time that the court has ordered;

(2) The phase II program staff shall complete the top part of Form IDIP-034, further counseling court notification, by including:

a. The convicting court name and address;

b. The client’s court docket number;

c. The client’s name, address, and date of birth;

d. The date the client completed the 7-day residential program; and

e. The program staff’s dated signature; and

(3) The client shall:

a. Read, sign, and date Form IDIP-034;

b. Have their aftercare LADC complete the bottom of Form IDIP-034, by including:

The aftercare agency name, address, and telephone number;
The date the client began the further counseling requirements; and
The aftercare LADC’s printed name and dated signature; and

c. Submit completed Form IDIP-034 to the convicting court.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.12); amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10

N.H. Code Admin. R. Ann. He-A 907.15 Compliance with Further Counseling Requirements {#sec-he-a-907.15 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.15}

(a) Compliance with further counseling requirements shall include the following:

(l) The client shall begin fulfilling the further counseling requirement within 60 days after the client has completed the 7-day residential program; and

(2) The client shall pay all costs associated with the further counseling requirements.

(b) The phase II program provider shall obtain documentation of the client’s compliance with the further counseling requirement, as follows:

(1) If the client is receiving counseling, the aftercare provider shall submit to the phase II program provider a final summary report indicating the client’s compliance with the further counseling requirement and which includes an assessment of the client’s level of risk to recidivate; or

(c) Upon receiving complete documentation of a client’s compliance with the further counseling requirement, the phase II program provider shall forward within 5 business days a copy of Form IDIP-021, program completion report, to the department, the court of conviction, and the department of safety.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.13)

N.H. Code Admin. R. Ann. He-A 907.16 Second Opinion Evaluation and Assessment {#sec-he-a-907.16 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.16}

(d) The client who requests a second opinion shall sign Form IDIP-020, consent for the release of treatment information, to allow the phase II provider to forward all clinical data to the LADC, or other provider that has met the requirements of He-A 907.14(a)(4)-(5), conducting the second opinion evaluation.

(e) The phase II provider shall forward clinical data to the LADC, or other provider that has met the requirements of He-A 907.14(a)(4)-(5), conducting the second opinion evaluation within 5 days of receiving Form IDIP-020.

(f) The LADC, or other provider that has met the requirements of He-A 907.14(a)(4)-(5), rendering the second opinion shall:

(1) Review all the clinical data including testing done by the phase II provider regarding the client prior to conducting the evaluation;

(2) Meet with the client for no fewer than 3 and no more than 5 clinical hours; and

(3) Complete a written report of the second opinion evaluation and assessment, including, but not limited to:

a. An acknowledgment of the receipt and review of the phase II program clinical data;

b. The dates and duration of all client contact occurring in the course of the evaluation;

c. A biopsychosocial history of the client;

d. A substance abuse history of the client;

e. A legal history of the client;

f. A medical history of the client;

g. A family substance abuse history;

h. The relevant psychiatric history of the client;

i. The relevant medication history of the client

j. The client’s current substance use/abuse dependency status;

k. The client’s history of self-help attendance or involvement, if applicable;

l. The client’s history of any prior treatment for alcohol or substance abuse;

m. A summary of the client’s level of participation and motivation;

n. An identification and results summary of all diagnostic instruments utilized in the course of conducting the evaluation;

o. An assessment of client’s current risk level to recidivate; and

p. Further counseling and treatment recommendations for the client, if applicable; and

(4) Forward the report in (3) to the phase II provider program director.

(g) Upon receipt of the second opinion evaluation report from the LADC, or other provider that has met the requirements of He-A 907.14(a)(4)-(5), the program director and the LADC exit evaluator shall review the findings of both the original exit evaluation and assessment interview and the second opinion evaluation.

(h) If there is information missing from the second opinion evaluation report, the program director shall obtain the missing information from the provider who rendered the second opinion evaluation.

(2) Communicate with the LADC, or other provider that has met the requirements of He-A 907.14(a)(4)-(5), that rendered the second opinion in order to address any new information or clarification of existing information and modify the original further counseling requirements accordingly; or

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.15)

N.H. Code Admin. R. Ann. He-A 907.17 Alcohol Program Completion Hearing {#sec-he-a-907.17 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.17}

(b) At the alcohol program completion hearing conducted in accordance with Saf-C 204.20 and RSA 265-A:42, V, the phase II program provider shall have the burden of proving that the client has not successfully completed the program.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 907.16)

N.H. Code Admin. R. Ann. He-A 907.18 Closing of Files {#sec-he-a-907.18 omnilex-key=us-nh-regs-official--agency-he-a--He-A 907.18}

(a) A phase II program provider shall close a client’s file if:

(1) A client’s exit evaluation and assessment interview results in a negative finding and Form IDIP-021, program completion report, is sent to the department of safety, the court of conviction, and the department, pursuant to He-A 907.13(e);

(2) After receiving complete documentation of a client’s successful compliance with the further counseling requirements, Form IDIP-021, program completion report, is sent to the department of safety, the court of conviction, and the department, pursuant to He-A 907.15(c); or

(3) The client fails to begin fulfilling the further counseling requirements within 60 days of exiting the program.

(b) If a client’s file is closed pursuant to (a)(3) above, the phase II program provider shall:

(1) Complete Form IDIP-036, close file form, by including:

a. The facility code;

b. The section where the client is assigned;

c. The last four digits of the client’s Social Security number;

d. The client’s name;

e. The client’s address;

f. The client’s date of birth;

g. The date of the exit interview, if completed;

h. The further counseling requirements, if applicable; and

i. The provider staff member’s signature; and

(2) Submit Form IDIP-036 to the department.

(c) The phase II program provider shall reopen a client’s file after it has been closed pursuant to (a)(3) above if the following conditions are met:

(1) The client shall request that his or her file be reopened;

(2) The client shall pay the provider a $150.00 administrative fee; and

(3) If more than 6 months have elapsed since the date of the exit evaluation and assessment interview, the client shall have a LADC, or other provider that has met the requirements of He-A 907.14(a)(4)-(5), conduct an alcohol and drug abuse dependency evaluation that conforms to the requirements of the second opinion evaluation outlined in He-A 907.16(b)-(f).

(d) If there is information missing from the updated alcohol and drug abuse dependency evaluation report, the program director shall obtain the missing information from the provider who rendered the updated evaluation.

(e) Once a client’s file has been reopened, the program director and the LADC exit evaluator shall:

(1) Consider both the original exit evaluation finding and further counseling requirements and the updated alcohol and drug abuse dependency evaluation;

(2) Develop an updated treatment plan that outlines the method and duration of treatment that the client shall undertake; and

(3) Require the client to comply with the recommended aftercare pursuant to He-A 907.14.

History

#9082, eff 1-30-08 (from He-A 907.17)

Part He-A 908 Program Monitoring

N.H. Code Admin. R. Ann. He-A 908.01 On-Site Visit {#sec-he-a-908.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 908.01}

(a) A department representative shall conduct on-site visits of all phase II program providers at least once per approval period.

(b) Visits may be scheduled or unscheduled, but shall take place during the program’s operating hours.

(1) Random checking of records for accuracy and completeness;

(2) Reviewing the program’s adherence to the curriculum format as described in He-A 907.10;

(3) Confirming that approved films and resource materials are being used;

(4) Reviewing staff in-service instruction;

(5) Critiquing and evaluating instructors and the group process; and

(6) Reviewing the program’s general compliance with He-A 900 rules.

(d) During scheduled site visits, providers shall have staff available to answer questions and shall allow access to locked files.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

N.H. Code Admin. R. Ann. He-A 908.02 Monitoring Report {#sec-he-a-908.02 omnilex-key=us-nh-regs-official--agency-he-a--He-A 908.02}

(a) The department representative shall complete a monitoring report including:

(1) Specific requirements for program improvement and changes, if any;

(2) Specific requirements for corrective action to be taken by the provider, if any; and

(3) The time frame for the provider’s submission to the department of a corrective action plan, if required.

(b) The department representative shall forward a copy of the monitoring report to the program director.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

N.H. Code Admin. R. Ann. He-A 908.03 Corrective Action Plan {#sec-he-a-908.03 omnilex-key=us-nh-regs-official--agency-he-a--He-A 908.03}

(a) Within 3 weeks of receiving the monitoring report, the program director shall submit to the department a corrective action plan for each requirement included in the monitoring report, including the following:

(1) What action the program has taken or will take to address the requirement(s);

(2) What action the program will take to assure compliance with these rules and the applicable statutes in the future;

(3) The date by which each of the requirements was addressed or will be addressed;

(4) What interim measures the program has implemented when the requirement cannot be addressed immediately; and

(5) The dated signature of the program director.

(b) When the corrective action plan in (a) above is not acceptable for addressing the requirements, the department shall issue a corrective action plan to the program director.

(c) Not withstanding (a) and (b) above, when the department determines that there is an immediate need for corrective action, it shall issue a corrective action plan to the program without first offering the program an opportunity to complete and submit a corrective action plan.

(d) When the program director receives a corrective action plan issued by the department, in accordance with (b) or (c) above, it shall:

(1) Make any additions the program believes are necessary; and

(2) Complete and return the corrective action plan in accordance with (a) above.

(e) Notwithstanding (a) through (d) above, when a program has repeatedly violated rules or statute or has violated a rule or statute which resulted in physical or mental injury to a client, or caused a client to be in danger of physical or mental injury, the department shall initiate enforcement action without first requesting that the program submit a corrective action plan.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08

N.H. Code Admin. R. Ann. He-A 908.04 Follow-Up Visit {#sec-he-a-908.04 omnilex-key=us-nh-regs-official--agency-he-a--He-A 908.04}

If deemed necessary by the department representative because of a need for a corrective action as a result of a previous site visit, client complaints, or errors in paperwork, the program provider shall be subject to a follow-up visit by the department representative to ensure that the provider has followed the recommendations for program improvements and changes or for required corrective actions.

History

#9082, eff 1-30-08 (from He-A 907.03)

N.H. Code Admin. R. Ann. He-A 908.05 Failure to Implement Corrective Action Plan {#sec-he-a-908.05 omnilex-key=us-nh-regs-official--agency-he-a--He-A 908.05}

(a) If a phase II program provider fails to implement the required corrective action(s) within the time frame indicated in the corrective action plan, the department shall consider that provider delinquent and shall issue a written notice to inform the provider that it shall be removed from the list of approved providers if corrective action is not taken within a time period determined by the department.

(b) If the corrective action is still not taken within the time period identified in the written notice in (a) above, the commissioner shall suspend the agreement with the provider, thus disallowing the provider from providing phase II program services until such time as the corrective action is taken.

History

#9082, eff 1-30-08

Part He-A 909 Proceedings

N.H. Code Admin. R. Ann. He-A 909.01 Proceedings {#sec-he-a-909.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 909.01}

Any adjudicative proceedings, including hearings which are necessary to resolve any contested issue relative to a phase II program provider or a certified instructor, shall be conducted pursuant to He-C 200.

History

#7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
#9082, eff 1-30-08 (from He-A 909.02)

Part He-A 910 Waivers

N.H. Code Admin. R. Ann. He-A 910.01 Waivers {#sec-he-a-910.01 omnilex-key=us-nh-regs-official--agency-he-a--He-A 910.01}

(a) The commissioner shall waive any element or portion of these rules, except a rule that directly reflects a statutory requirement, if the commissioner determines that such a waiver would:

(1) Rectify problems unforeseen by the rules; or

(2) Assist a client in completing a phase II program 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 public health services (DPHS) or by a phase II program director and shall be submitted to the commissioner.

(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) The criteria described in (a) have been met;

(2) Strict compliance with the procedure(s) sought to be waived does not contradict the intent of these rules; and

(e) 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.

APPENDIX

Rule

Statute

He-A 901.01

RSA 265-A:39; RSA 265-A:42

He-A 902.01

RSA 172-B:1, I-XIV; RSA 541-A:7

He-A 903.01

RSA 265-A:39, IV(d)

He-A 903.02

RSA 265-A:39, IV(d)

He-A 903.03

RSA 265-A:39, V(c)

He-A 903.04

RSA 265-A:39, IV(c)-(d) and V(c)

He-A 903.05

RSA 265-A:39, IV(c)-(d) and V(c)

He-A 903.06

RSA 265-A:39, I, IV(b), and V(d); RSA 265-A:42, I(a) and (c)

He-A 904.01

RSA 265-A:39, I, IV(b), and V(d); RSA 265-A:42, I(a) and (c)

He-A 904.02

RSA 265-A:42, I and V

He-A 904.03

RSA 265-A:42, IV(a)

He-A 904.04

RSA 265-A:42, II and III; RSA 265-A:39, IV(a) and (c)

He-A 905

RSA 265-A:39, V(b)

He-A 906.01

RSA 265-A:39, I

He-A 906.02

RSA 265-A:39, I

He-A 906.03

RSA 265-A:39, V(d)

He-A 906.04

RSA 265-A:39, I

He-A 906.05

RSA 265-A:39, I

He-A 907.01

RSA 265-A:39, IV(c)

He-A 907.02

RSA 265-A:39, V(a)

He-A 907.03

RSA 265-A:39, I and V(d)

He-A 907.04

RSA 265-A:39, I and V(d)

He-A 907.05

RSA 265-A:39, III and V(d)

He-A 907.06

RSA 265-A:39, III and V(d)

He-A 907.07

RSA 265-A:39, I and V(d)

He-A 907.08

RSA 265-A:39, I and V(d)

He-A 907.09

RSA 265-A:39, III and V(a)

He-A 907.10

RSA 265-A:39, III and V(a)

He-A 907.11

RSA 265-A:39, IV(c)

He-A 907.12

RSA 265-A:39, V(a)

He-A 907.13

RSA 265-A:39, III

He-A 907.14

RSA 265-A:39, IV(e)

He-A 907.15

RSA 265-A:39, IV(e)

He-A 907.16

RSA 265-A:39, IV

He-A 907.17

RSA 265-A:39, IV

He-A 907.18

RSA 265-A:39, IV

He-A 908.01

RSA 265-A:39, V(d)

He-A 908.02

RSA 265-A:39, IV(c) and V(d)

He-A 908.03

RSA 265-A:39, V(d)

He-A 908.04

RSA 265-A:39, V(d)

He-A 908.05

RSA 265-A:39, I and V(d)

He-A 909.01

RSA 265-A:42, V; RSA 265-A:39, V(d)

He-A 910.01

RSA 265-A:39, IV(e)

History

#9082, eff 1-30-08