New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-A - Former Office of Alcohol and Drug Abuse Prevention
Chapter He-A 300 - CERTIFICATION AND OPERATION OF ALCOHOL AND OTHER DRUG DISORDER TREATMENT PROGRAMS
Part He-A 304 - CERTIFICATION AND OPERATIONAL REQUIREMENTS FOR OPIOID TREATMENT PROGRAMS
Section He-A 304.06 - Requirements for Organizational or Program Changes

Universal Citation: NH Admin Rules He-A 304.06

Current through Register No. 40, October 3, 2024

(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.

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.07)

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