2013 New Hampshire Revised Statutes
Title XXI - MOTOR VEHICLES
Chapter 265-A - ALCOHOL OR DRUG IMPAIRMENT
Section 265-A:40 - Impaired Driver Care Management Programs.
265-A:40 Impaired Driver Care Management Programs.
I. The commissioner of the department of health and human services shall publish a regularly-updated list of approved impaired driver care management programs (IDCMPs) and related treatment providers. The commissioner of the department of health and human services may approve an IDCMP upon receipt of an application that demonstrates, in a manner satisfactory to the commissioner of the department of health and human services, that the applicant has the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide the services required of an IDCMP under this chapter. A treatment provider, who may also carry out substance use disorder evaluations, may be approved upon receipt of an application that demonstrates in equivalent fashion the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide services. The commissioner of the department of health and human services shall monitor IDCMP services and may withdraw the approval of an IDCMP or treatment provider upon receipt of reliable evidence that the entity has failed to meet the requirements of this section or is likely to act in a manner that threatens public safety or the welfare of a client.
II. An approved impaired driver care management program (IDCMP) shall provide the following services for persons arrested for or convicted of an offense under this chapter:
(a) Screening of first-time offenders, using a screening test approved by the department of health and human services, to determine whether they need a full evaluation for substance use disorders.
(b) Conducting a full substance use disorder evaluation, as necessary.
(c) Development of a service plan based on this assessment of the client, which may include referral to education and/or treatment programs.
(d) Monitoring of the services provided to the client under the service plan.
(e) Notifying the division of motor vehicles and the sentencing court if the client fails to comply with the service plan.
(f) Periodic face-to-face evaluations of the client's progress.
(g) Administration of drug and alcohol tests or other abstinence monitoring regimen required by the court or included in the service plan.
(h) Reporting the results of monitoring or final evaluation and completion by the IDCMP, as appropriate, to the sentencing court, the division of motor vehicles, and the department of health and human services.
III. Before the service plan is finalized, the client shall provide to the program an original certified copy of the person's driver's license record. Such record shall be secured from the division of motor vehicles, or from the state in which the person holds a driver's license, if an out-of-state resident. The person shall pay for all costs involved in securing the certified copy.
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, including a per-client fee paid by the program provider to the department of health and human services sufficient to cover the costs of monitoring program services, data collection, and administrative support by the department of health and human services. Persons who cannot pay for IDCMP or treatment services may avail themselves of publicly funded programs. The department of health and human services may review the fees assessed and allow for payment plans, fee waivers, or services for indigent clients or clients that meet poverty guidelines established by the commissioner.
V. The approved impaired driver care management program (IDCMP) shall determine whether the client has complied with all requirements of the service plan. The IDCMP shall notify the client, the division, the court, and the department of health and human services when the client has complied with such requirements and paid all applicable fees.
VI. The client shall have the right to a hearing before the commissioner of safety or designee, who shall determine whether the service plan requirements are warranted and appropriate.
VII. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver care management programs with respect to:
(a) Approval of programs.
(b) Procedures and forms to be followed in order to verify client completion of the program.
(c) Place of business and areas of the state in which approved programs may operate.
(d) Records and reports.
(e) Schedule of fees and charges.
(f) Certification and recertification of programs.
(g) A per client fee to be paid by program providers sufficient to cover the costs of monitoring compliance, data collection, and administrative support.
(h) Site reviews.
(i) Program compliance.
(j) Any other matter related to the proper administration of this section and the protection of the public.
VIII. For the purposes of clinical efficacy and continuity of care the IDCMP may provide substance abuse treatment services to those persons required to complete a treatment service plan if the IDCMP is also a department of health and human services approved treatment services provider and if the person elects this option. Before the person may elect this option, the IDCMP shall first provide the person with a printed list of all other department of health and human services approved providers. The person shall sign a waiver acknowledging receipt of the list that also fully explains his or her right to choose a different provider at any time. The person may elect to receive treatment services from the IDCMP by acknowledging on the waiver that he or she has chosen to obtain the required substance abuse treatment services from the IDCMP.
IX. Notwithstanding other provisions in RSA 265-A, out-of-state residents may elect to obtain required screening, evaluation, treatment, and education services in their legal state of residence provided that they register with a New Hampshire IDCMP and that the New Hampshire IDCMP:
(a) Ensures that screening, evaluation, and treatment services are provided by individuals possessing an International Certification & Reciprocity Consortium/Alcohol and Other Drug Abuse (IC&RC) sanctioned license, or, if the client resides in a non-IC&RC state, by individuals who are approved by that state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction;
(b) Ensures that impaired driver education programs are provided by programs which are approved by that state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction;
(c) Develops the service plan;
(d) Monitors compliance with the service plan and reports noncompliance to the division of motor vehicles and the sentencing court; and
(e) Determines whether the service plan has been completed and, if so, reports completion to the sentencing court, the division of motor vehicles, and the department of health and human services.
Source. 2006, 260:1, eff. Jan. 1, 2007. 2008, 256:7, eff. Aug. 25, 2008. 2010, Sp. Sess., 1:21, eff. June 10, 2010. 2012, 228:7, eff. Jan. 1, 2013. 2013, 219:5, eff. July 11, 2013.
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