Current through Register No. 40, October 3, 2024
(a) The IDCMP shall
develop, update, and maintain an individual service plan for treatment and
recovery for each client for whom a positive finding is issued in accordance
with He-A
507.03(f) -(g) .
(b) The service plan shall be developed and
discussed with the client within 14 calendar days following completion of the
substance use disorder evaluation.
(c) Individual service plans shall be
developed in a way that acknowledges the client's:
(1) Cultural sensitivities;
(2) Education level;
(3) Reading ability;
(4) Language comprehension; and
(5) Cognitive ability.
(d) Individual service plans shall contain,
at a minimum, the following elements:
(1) The
types and frequencies of required treatment and recovery services to be
provided;
(2) The required
timeframe for starting treatment and recovery services, which shall be no later
than 30 days after the service plan requirements are discussed with the
client;
(3) Referrals for
recommended services that are not provided directly by an approved
IDSP;
(4) The schedule of required
contacts, which shall be conducted on dates and at times that are mutually
agreed to by both the IDCMP and the client;
(5) Any required drug or alcohol testing as
ordered by the court or as indicated by the IDCMP as a result of the
evaluation;
(6) An abstinence
monitoring regimen as ordered by the court or if clinically indicated as a
result of the evaluation, as applicable;
(7) Completion of an IDEP if the client has
not provided documentation of proof of completion of a department-approved
impaired driver intervention program within the past 5 years prior to the
client's latest conviction;
(8) The
consequences of not complying with any of the service plan
requirements;
(9) Documentation of
the client's participation in the service planning process or the reason why
the client did not participate;
(10) Dated signature of the evaluator;
and
(11) Dated signature of the
client, or an indication of the client's refusal to sign and agree to the
service plan.
(e) The
IDCMP shall consider, and incorporate as necessary, any aftercare requirements
not completed from previous impaired driver convictions when developing the
service plan for the most recent impaired driver conviction.
(f) The types of clinical services required
by the service plan shall be based on a level-of-care recommendation in
accordance with the American Society of Addiction Medicine (ASAM) Patient
Placement Criteria for the Treatment of Substance-Related Disorders, Second
Edition-Revised (May 5, 2007) . (See Appendix A.)
(g) The following minimum duration of
counseling and number of clinical sessions shall be required by each service
plan:
(1) For first-time offenders, a minimum
of 6 to 10 counseling sessions shall be required with no more than one
individual session and/or one group session weekly for 6 to 10 consecutive
weeks;
(2) For second offenders:
a. A minimum of 6 months of counseling and a
minimum of 20 counseling sessions shall be required with no more than one
individual session and/or one group session weekly for 20 or more consecutive
weeks; or
b. Completion of an
intensive outpatient program shall be required;
(3) For third offenders:
a. Completion of an intensive outpatient
program shall be required;
b.
Followed by a minimum of 3 months of counseling at a minimum of 2 times per
month; and
c. The requirements in
a. and b. above shall not be met concurrently; and
(4) For fourth or subsequent offenses:
a. Completion of an intensive outpatient
program shall be required;
b.
Followed by a minimum of 6 months of counseling at a minimum of 2 times per
month; and
c. The requirements in
a. and b. above shall not be met concurrently.
(h) The IDCMP may increase the minimum number
of months and clinical sessions described in (g) above if the substance use
disorder evaluation provides additional clinically significant information, or
if there is information related to legal history and other factors, that
indicates the need for a greater duration of treatment or an additional number
of sessions.
(i) IDCMPs may include
in a client's service plan a recommendation for, but shall not require, the
client to participate nor make participation a requirement of program
completion, in any 12-step program or any type of religious or spiritual based
program if the client raises any objection at any time to participating in such
a program.
(j) For each client the
service plan shall be reviewed and updated as follows:
(1) The service plan shall be reviewed at
least every 60 days;
(2) The review
shall document the degree to which the client is meeting treatment, personal,
and recovery goals;
(3) The service
plan shall be updated as necessary during the course of treatment to reflect
the client's progress; and
(4) Any
changes to the service plan shall be signed by the client or the service plan
shall indicate the client's refusal to sign and agree to the changes in the
service plan.
(k) A
client may request a hearing with the department of safety, pursuant to
RSA
265-A:40, VI, and
Saf-C
204.20, in order to rebut the requirements of the
service plan or any changes made to the service plan.
#10240, eff
1-1-13
