CHAPTER
He-A 900 PHASE II PROGRAMS
PART He-A 901 PURPOSE
Statutory
Authority: RSA 265-A:39, IV and V
He-A 901.01 Purpose. The purpose of these rules is to establish
the requirements of the phase II impaired driver intervention programs
statewide.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
PART
He-A 902 DEFINITIONS
He-A 902.01 Definitions. 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;
(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 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
(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
(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
(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.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #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
He-A 903.01 Phase II Program Fee.
(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.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #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
New. #9082, eff 1-30-08; amd
by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10
He-A 903.02 Administrative Fee for Phase II Programs. 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.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
He-A 903.03 Per-Client Monitoring Fee.
(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.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 903.05)
He-A
903.04 Program Audit. 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.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 903.06)
He-A 903.05 Annual Report of Reduced Fees. 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.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
PART
He-A 904 PROGRAM PARTICIPATION
REQUIREMENTS
He-A 904.01
(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
(b)
If a
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #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
He-A 904.02 Non-Residents: Program Options and
Notification Requirements.
(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
(1) A phase II program in
(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
(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.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #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
He-A 904.03 Enrollment.
(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)
(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.
Source. #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
New. #9082, eff 1-30-08 (from He-A 904.06)
He-A 904.04 Attendance and Completion Requirements.
(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.
(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 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.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 904.07)
He-A 904.05 Provider Acceptance of Clients.
(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.
Source. #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES:
4-21-10
PART
He-A 905 INSTRUCTOR CERTIFICATION
He-A 905.01 Instructor Certification.
(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.
(c)
For an instructor to be recertified, he or she shall follow the
recertification procedures described in He-A 705.05.
(d) The department shall revoke the certification
of an instructor for the reasons and by the procedures described in He-A
705.06.
Source. #5252, eff 10-22-91, EXPIRED: 10-22-97
New. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
PART
He-A 906 PROGRAM APPROVAL PROCESS: PHASE II PROGRAMS
He-A 906.01 Approval for Delivery of Services.
(a)
No provider, institution, organization, corporation, person, partnership,
firm, or agency, whether public or private shall offer, advertise, deliver, or
provide services that are within the scope of 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.
(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 RFA.
(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
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08, EXPIRED
New. #9082, eff 1-30-08 (from He-A 906.02)
He-A 906.02 Approval Period. The commissioner shall approve a phase II
program provider for a 2-year period following the application process.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 906.08)
He-A 906.03 Access for Inspection and Monitoring. 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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 906.04)
He-A 906.04 Non-Transferable Approval. The approval for a phase II program provider
shall be non-transferable.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 906.09)
He-A 906.05 Termination of Service. 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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 906.10)
PART
He-A 907 MINIMUM PROGRAM REQUIREMENTS
He-A 907.01 Confidentiality. 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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
He-A 907.02 Services Prohibited. 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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
He-A 907.03 Interpreters. 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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
He-A 907.04 Accessibility. Each phase II program provider shall provide
handicapped accessibility into and within the provider’s buildings, in
compliance with the Americans with Disabilities Act.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
He-A 907.05 Forms, Pamphlets, and Other Literature.
(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.
(c)
The department shall approve new material if
the material:
(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.
(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
program. Each program shall then be responsible for producing its own supply of
the forms, pamphlets and other written literature.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 907.04)
He-A 907.06 Scheduling Requirements. 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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from
He-A 907.05); amd by #9578, EMERGENCY RULE, eff
10-23-09, EXPIRES: 4-21-10
He-A 907.07 Section Size.
(a)
The minimum section size shall be 6 clients.
(b)
The maximum section size shall be 12 clients.
(c)
The instructor-to-client ratio for any section shall be one certified
instructor to 12 clients.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from
He-A 907.06) ); amd by #9578, EMERGENCY RULE, eff
10-23-09, EXPIRES: 4-21-10
He-A 907.08 Specific Phase II Requirements.
(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.
(c)
A phase II program provider shall have written policies and procedures
in place relative to the following:
(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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from
He-A 907.07)
He-A 907.09 Phase II Intake Interview.
(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.
(c)
The intake interview shall include the following steps:
(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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 907.10)
He-A 907.10 Phase II Program Curriculum.
(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.
(c)
A phase II program shall offer group sessions featuring group
discussions regarding, at a minimum:
(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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
He-A 907.11 Progress Notes.
(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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from
He-A 907.08)
He-A 907.12 Films and Resource Materials.
(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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 907.09)
He-A 907.13 Exit Evaluation and Assessment Interview.
(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.
(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 904.05(a), if any of the following exists:
(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.
(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)
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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from
He-A 907.11)
He-A 907.14 Referral for Further Counseling. 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;
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; or
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.
(d)
If the client chooses to receive aftercare
from an aftercare provider outside of the State of
(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:
1. The
aftercare agency name, address, and telephone number;
2. The date
the client began the further counseling requirements; and
3. The
aftercare LADC’s printed name and dated signature; and
c. Submit completed Form IDIP-034
to the convicting court.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from
He-A 907.12); amd by #9578, EMERGENCY RULE, eff
10-23-09, EXPIRES: 4-21-10
He-A 907.15 Compliance with Further Counseling
Requirements.
(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
(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 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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from
He-A 907.13)
He-A 907.16 Second Opinion Evaluation and Assessment.
(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 907.14(a)(4)-(5).
(c)
The client shall pay all costs associated with obtaining a second
opinion evaluation.
(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.
(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 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
(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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from
He-A 907.15)
He-A 907.17 Alcohol Program Completion Hearing.
(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 phase II program
provider shall have the burden of proving that the client has not successfully
completed the program.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08 (from He-A 907.16)
He-A 907.18 Closing of Files.
(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.
Source. #9082, eff 1-30-08 (from
He-A 907.17)
PART
He-A 908 PROGRAM MONITORING
He-A
908.01 On-Site Visit.
(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.
(c)
Visits shall include:
(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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
He-A 908.02 Monitoring Report.
(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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
He-A
908.03 Corrective Action Plan.
(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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08
He-A 908.04 Follow-Up Visit. 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.
Source. #9082, eff 1-30-08 (from
He-A 907.03)
He-A 908.05 Failure to Implement Corrective Action
Plan.
(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.
Source. #9082, eff 1-30-08
PART
He-A 909 PROCEEDINGS
He-A 909.01 Proceedings. 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.
Source. #7058, eff 7-21-99; ss
by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08
New. #9082, eff 1-30-08(from He-A 909.02)
PART He-A 910 WAIVERS
He-A 910.01 Waivers.
(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.
(c)
A request for a waiver shall include:
(1) A specific reference to the rule for which a
waiver is being sought;
(2) A full explanation of why a waiver is
necessary; and
(3) A full explanation of alternative procedures
proposed, which detail how the intent of the rule will be satisfied if the
waiver is granted.
(d)
A request for waiver shall be granted if the commissioner determines
that:
(1) 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.
Source. #9082, eff 1-30-08
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) |