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 500 - IMPAIRED DRIVER PROGRAMS
Part He-A 507 - IMPAIRED DRIVER CARE MANAGEMENT PROGRAMS
Section He-A 507.01 - IDCMP Intake
Universal Citation: NH Admin Rules He-A 507.01
Current through Register No. 40, October 3, 2024
(a) There shall be an initial one-on-one intake between the client and IDCMP staff.
(b) The initial intake shall include the following steps:
(1) Each client shall
provide the IDCMP with the following documentation:
a. A current original certified copy of the
client's driver's license record from all of the following, as applicable:
1. The State of New Hampshire department of
safety, division of motor vehicles;
2. The state in which the client holds a
driver's license, if a non-resident; and
3. 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 other drugs;
b. The department of safety notice of
suspension/revocation action indicating the conviction;
c. Superior or district court
orders;
d. Chemical test results,
if any were performed, or documentation of the client's refusal to submit to
chemical tests;
e. A copy of the
client's arrest report and arrest narrative relating to conviction;
and
f. Documentation of proof of
completion of a department-approved impaired driver education program if such a
program has been completed within the past 5 years prior to the client's latest
conviction;
(2)
Screening of first-time offenders, as described in
He-A
507.02, and if screened positive for a likelihood of a
substance use disorder, scheduling of a substance use disorder evaluation,
which may be conducted on the same day as the intake and screening;
(3) Substance use disorder evaluation of
individuals convicted of an aggravated, second, or subsequent DWI
offense;
(4) Referral to or
scheduling attendance at an IDEP if the client has not provided proof of
completion of a department-approved impaired driver education program within
the past 5 years prior to the client's conviction;
(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) Notice to the client of the opportunity
to enroll in the ATR program, including obtaining the client's written
acknowledgment that such notice has been given;
(7) Securing client release(s) of
information;
(8) Receiving from the
client the per client fee described in
He-A
505.03; and
(9) Entering client information into the WITS
system.
(c) Failure to provide the documentation in (b) (1) a., b., d., and e. above:
(1) Shall not prevent the intake process from
being conducted;
(2) Shall prevent
a finding from being made as a result of the screening in
He-A
507.02;
(3) Shall prevent a finding from being made
as a result of the evaluation in
He-A
507.03 and a service plan from being finalized per
He-A
507.03(h) until such documentation
is provided; and
(4) Shall prevent
a completion report from being sent per
He-A
507.08 until such documentation is provided.
(d) Failure to provide the documentation in (b) (1) f. above:
(1) Shall
not prevent the intake process from being conducted; and
(2) Shall prevent a completion report from
being sent per He-A 507.08 until such
documentation is provided or the client completes an impaired driver education
program.
(e) Failure to provide the per client fee in (b) (8) above shall prevent the intake from being conducted.
(f) Notice of subsequent scheduled appointments shall be provided to the client in writing.
(g) For each client the IDCMP shall provide notification to the client's prosecutor and the DMV, as follows:
(1) For non-aggravated, first time offenders
who have screened negative, within 5 business days of the negative finding
being made, the results of the screening; and
(2) For aggravated, second, or subsequent DWI
offenders and for non-aggravated, first time offenders who have screened
positive, within 5 business days of the evaluation resulting in a negative
finding or within 5 business days of the discussion with the client of the
results of the evaluation when there is a positive finding, the results of the
screening and the results of the evaluation.
#10240, eff 1-1-13
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