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 700 - IMPAIRED DRIVER INTERVENTION PROGRAMS
Part He-A 702 - DEFINITIONS
Section He-A 702.01 - Definitions

Universal Citation: NH Admin Rules He-A 702.01

Current through Register No. 40, October 3, 2024

For purposes of this chapter, the following words shall have the meanings indicated:

(a) "Administrative activities" means all management, fiscal, and clerical activities performed by a staff member of an IDIP or WIDIP;

(b) "Administrative fee" means a fee paid by the client for failure to start a program on time, for a program transfer, or to re-start a program;

(c) "Aftercare" means any treatment required to be completed by the client who has been issued a positive finding as a result of the client's exit evaluation and assessment interview;

(d) "Alcohol program completion hearing" means a hearing conducted by the department of safety and which is requested by the client for the purpose of rebutting the finding and/or the further counseling requirements as determined by the client's exit evaluation and assessment interview;

(e) "Approval" means the process whereby specific providers are designated to serve specific catchment areas for the provision of IDIP and WIDIP services;

(f) "Approval period" means the period of time specific providers are designated to serve specific catchment areas for the provision of IDIP and WIDIP services;

(g) "Catchment area" means an area of the state specified by the commissioner, pursuant to He-A 706.03, for the provision of IDIP or WIDIP services to clients by an approved provider;

(h) "Certification" means a process whereby the department determines whether an applicant meets the minimum qualifications for an IDIP or WIDIP instructor as specified in these rules;

(i) "Client" means a person convicted of driving while impaired (DWI) and thus mandated to attend and successfully complete an IDIP or WIDIP;

(j) "Client profile" means a form created by the department that is completed by the provider, contains information about each client, and is submitted to the department for the purposes of data collection;

(k) "Co-facilitator" means a person who assists a certified instructor in conducting an IDIP or WIDIP class, and who is a certified instructor or who is currently working towards becoming a certified instructor;

(l) "Commissioner" means the commissioner of the department, or his or her designee;

(m) "Completion report" means a form developed by the department which contains information about the client's completion status after participating in an IDIP or WIDIP, or a similar form approved by another state for the purpose of reporting a client's completion status after participating in a state-approved alcohol and drug education and intervention program;

(n) "Course" means an intake interview, all educational classes, and the exit evaluation and assessment interview pertaining to an IDIP or WIDIP;

(o) "Department" means the New Hampshire department of health and human services (DHHS);

(p) "Department representative" means the individual designated by the department to conduct on-site visits to IDIPs and WIDIPs and to complete monitoring reports based on those visits;

(q) "Direct client activities" means activities performed by an IDIP or WIDIP staff member which directly involve the educational and group processes in relation to the client, including instructional, intake, evaluative, and assessment components;

(r) "Diagnostic instruments" means written evaluation tools designed to elicit responses from clients relative to their involvement with alcohol and other drugs. Examples of approved diagnostic instruments currently in use are the Research Institute on Addictions Self-Inventory (RIASI) and the Driver Risk Inventory (DRI);

(s) "Driver Risk Inventory (DRI-II) " means the first edition, published in 1997, of the driving while impaired risk and needs assessment instrument created by Behavior Data Systems, Ltd., which evaluates alcohol and other drug abuse, identifies driver aggressiveness, and measures stress coping abilities;

(t) "Driving while impaired (DWI) " means driving under the influence of alcohol or drugs, pursuant to RSA 265-A:2 and RSA 265-A:3;

(u) "Exit evaluation and assessment interview" means a one-hour interview between a client and a New Hampshire licensed alcohol and drug abuse counselor (LADC), conducted following the client's completion of all IDIP or WIDIP class sessions;

(v) "Further counseling requirements" means participation in alcohol and drug intervention activities such as self-help, outpatient counseling, residential treatment, or other similar activities deemed necessary by a New Hampshire LADC as the result of a positive finding for substance abuse or dependency;

(w) "Impaired driver intervention program (IDIP) " means a program that persons convicted under RSA 265-A:2 or RSA 265-A:3 are required to attend in order to regain their driver's licenses or driving privileges and that is conducted pursuant to RSA 265-A:39, RSA 265-A:42, and He-A 700;

(x) "Instructor" means an individual who has been certified by the department, pursuant to He-A 705, to facilitate IDIP or WIDIP sessions;

(y) "Intake interview" means a one-hour interview between a client and a New Hampshire LADC, or an IDIP or WIDIP staff member under LADC supervision, conducted in order to collect the client's personal information and complete diagnostic instruments prior to educational sessions;

(z) "International Certification & Reciprocity Consortium/Alcohol and Other Drug Abuse (IC&RC) " means an organization that sets the international standards of practice in addiction counseling, prevention, and clinical supervision through testing and credentialing of addiction professionals;

(aa) "Licensed alcohol and other drug counselor (LADC) " means a person licensed by the State of New Hampshire to serve as an alcohol and other drug counselor;

(ab) "Monitoring report" means a report generated by a department representative to record results of on-site visits made to providers for the purposes of quality assurance;

(ac) "Negative finding" means the result of an exit evaluation and assessment interview, which determines that a client does not have an alcohol or drug problem;

(ad) "Positive finding" means the result of an exit evaluation and assessment interview, which determines that a client does have an alcohol or drug problem;

(ae) "Program" means the course, as defined in (n), and any required aftercare;

(af) "Program director" means the director of an IDIP or WIDIP;

(ag) "Program fee" means the fee paid by a client to the IDIP or WIDIP in order to participate in the IDIP or WIDIP;

(ah) "Provider" means a person or entity that offers impaired driver intervention and educational programming;

(ai) "Quarter" means a 3-month portion of a year, beginning on January 1, April 1, July 1, or October 1;

(aj) "Request for proposals (RFP) " means a formalized process, pursuant to He-A 706, whereby the commissioner seeks proposals for the provision of IDIP or WIDIP services to specific catchment areas from provider applicants;

(ak) "Research Institute on Addictions Self-Inventory (RIASI) " means the 1995 edition of the diagnostic instrument created by Thomas J. Nochasjski of the State University of New York that is specifically designed for DWI offenders;

(al) "Section" means a grouping of clients forming an instructional unit;

(am) "Session" means a single component of an IDIP's or WIDIP's curriculum;

(an) "Significant other" means an individual who is not related by marriage or blood to the client, but who plays a role in the client's life that is similar to the role of a spouse;

(ao) "Successful completion" means "successful completion" as defined in RSA 265-A:42, II and III and RSA 265-A:18, VII(c);

(ap) "Treatment" means the use of any planned, intentional intervention in the health, behavior, personal, and/or family life of an individual suffering from alcoholism or from another drug dependency designed to enable the affected individual to achieve and maintain sobriety, physical and mental health, and a maximum functional ability; and

(aq) "Weekend impaired driver intervention program (WIDIP) " means an intensified residential version of an IDIP, conducted pursuant to RSA 265-A:39, RSA 265-A:42, and He-A 700.

#2665, eff 4-2-84; ss by #4652, eff 7-25-89; ss by #6078, INTERIM, eff 8-21-95, EXPIRED 12-19-95

New. #6653, EMERGENCY, eff 12-12-97, EXPIRED 4-11-98

New. #6753, eff 5-20-98; ss by #8624, INTERIM, eff 5-20-06, EXPIRES: 11-16-06; ss by #8749, eff 11-16-06

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