Current through Register No. 40, October 3, 2024
(a) A substance use
disorder evaluation shall be conducted for:
(1) Individuals who have screened positive
for a likelihood of a substance use disorder, pursuant to
He-A
507.02; and
(2) Individuals convicted of an aggravated,
second, or subsequent DWI offense.
(b) For individuals who have screened
negative for a likelihood of a substance use disorder, pursuant to
He-A
507.02, but for whom new information is revealed
during an IDEP session or otherwise learned by the IDCMP that indicates the
appropriateness of an evaluation, the IDCMP shall require the client to submit
to the evaluation and shall notify the client's prosecutor of such
requirement.
(c) A substance use
disorder evaluation shall be conducted by one of the following credentialed
professionals trained in the proper use of the diagnostic instruments listed in
(d) below:
(1) A NH LADC or MLADC;
(2) A NH licensed clinical social worker,
licensed in accordance with RSA 330-A, who is also certified by the National
Association of Social Workers (NASW) as a certified clinical alcohol, tobacco,
and other drugs social worker (CCATODSW); or
(3) A person who is actively working towards
the NH LADC credential under appropriate supervision, which means a person who
meets the following requirements:
a. Has
passed the IC&RC written exam within the past 2 years;
b. Has completed the following training
within the past 2 years:
1. A 6-hour minimum
training on ethics;
2. Training on
the 12 Core Functions;
3. Training
on relevant New Hampshire statutes and rules; and
4. Training on conducting substance use
disorder evaluations, including the Addiction Severity Index (ASI) (5th
edition, 1998) (see Appendix A);
c. Does not have the required number of hours
yet to apply for licensure but is currently working towards those hours;
and
d. Meets one of the following:
1. In at least the second year of an
accredited graduate clinical program and who is serving in a clinical
internship in a licensed or certified treatment facility; or
2. Has a masters degree in a clinical field
and has completed the academic requirements of the NH board of licensing for
alcohol and other drug use professionals to be a NH MLADC pursuant to
RSA
330-C:16.
(d) A substance use disorder
evaluation shall include the administration and review of:
(1) The Addiction Severity Index (5th
Edition, 1998), to include completion of all fields within the ASI assessment
(see Appendix A);
(2) The Driver
Risk Inventory-II (DRI-II) (2007 edition), except that clients who have already
taken the DRI-II as part of a screening described in
He-A
507.02 shall not be required to take the test again
(see Appendix A);
(3) The RIASI
(4th edition, 2005), except that clients who have already taken the RIASI as
part of a screening described in
He-A
507.02 shall not be required to take the test again
(see Appendix A); and
(4) Any other
diagnostic instrument the IDCMP deems appropriate.
(e) A substance use disorder evaluation shall
include the following elements:
(1) A written
biopsychosocial history of the client, to include:
a. A substance abuse history of the
client;
b. A legal history of the
client;
c. A medical history of the
client;
d. A substance abuse
history of the client's family;
e.
The relevant psychiatric history of the client;
f. The relevant medication history of the
client;
g. The client's current
substance use/abuse dependency status;
h. The client's history of self-help
attendance or involvement, if applicable; and
i. The client's history of any prior
treatment for alcohol or substance abuse;
(2) A summary of the client's level of
participation and motivation;
(3)
An identification and results summary of all diagnostic instruments utilized in
the course of conducting the evaluation; and
(4) A determination of a positive or negative
finding, as described in (f), (g), and (i) below, except that a person in (c)
(3) above shall not be allowed to make this determination.
(f) The IDCMP shall issue a positive finding
for a substance use disorder if any of the following exists:
(1) The DRI-II alcohol scale score is at the
60th percentile or greater;
(2) The
DRI-II drug scale score is at the 60th percentile or greater;
(3) The DRI-II truthfulness scale score is at
the 90th percentile or greater;
(4)
The RIASI score is 10 or greater;
(5) The client has had more than one DWI
conviction in this or any other state within the past 10 years;
(6) The client was age 21 or over and had a
BAC of 0.16 or higher at the time of arrest;
(7) The client was under the age of 21 and
had a BAC of 0.08 or higher at the time of arrest; or
(8) The client meets diagnostic criteria for
a substance use disorder in accordance with the Diagnostic and Statistical
Manual for Mental Disorders (DSM) until DSM-5 (5th edition) supersedes
DSM-IV-TR (4th edition) in 2013, after which the criteria shall be in
accordance with DSM-5 (see Appendix A) .
(g) The IDCMP shall also issue a positive
finding if none of the factors in (f) exists but the IDCMP determines that a
positive finding is clinically indicated.
(h) If there is a positive finding, the IDCMP
shall, either at the time of the evaluation or at a scheduled follow-up meeting
conducted within 14 calendar days following completion of the evaluation:
(1) Develop an individualized service plan as
described in He-A 507.04;
(2) Meet with the client to discuss:
a. The results of the diagnostic instruments
in (d) above and the interpretation of the client's scores;
b. The evaluator's assessment of the client's
involvement with alcohol and other drugs;
c. The service plan requirements;
d. The right to request a hearing with the
DMV to rebut the service plan requirements, in accordance with
RSA
265-A:40, VI, and
Saf-C
204.20; and
e. Referral to approved treatment and
recovery support providers, including, pursuant to
RSA
265-A:40, VII, the client's option to receive
services from the same IDCMP that conducted the evaluation and the requirements
thereof;
(3) Provide the
client with written copies of the information in (2) above;
(4) Obtain the client's written
acknowledgment that written copies of the information in (2) above have been
provided; and
(5) Obtain the
client's dated signature on the service plan, or an indication of the client's
refusal to sign and agree to the service plan.
(i) The IDCMP shall issue a negative finding
for a substance use disorder if none of the factors described in (f) or (g)
exists.
(j) If there is a negative
finding, the IDCMP shall contact the client to cancel the follow-up meeting
described in (h) above, if one was scheduled.
(k) The IDCMP shall enter the client's
evaluation information into WITS.
(l) The IDCMP shall notify the client's
prosecutor of the results of the evaluation within 5 business days of
discussing the results of the evaluation with the client.
(m) The IDCMP shall also notify the client's
prosecutor:
(1) If the client described in
(a) (1) above does not complete the evaluation within 30 days of conviction
pursuant to RSA
265-A:18, I(a) (3); and
(2) If the client described in (a) (2) above
who has scheduled an evaluation does not complete the evaluation within the
statutory timeframes in RSA 265-A.
#10240, eff
1-1-13
