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 304.14 - Community Concerns

Universal Citation: NH Admin Rules He-A 304.14

Current through Register No. 40, October 3, 2024

(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.

#7496, eff 5-23-01; ss by #9476, eff 5-22-09

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