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 900 - PHASE II PROGRAMS
Part He-A 902 - DEFINITIONS
Section He-A 902.01 - Definitions

Universal Citation: NH Admin Rules He-A 902.01

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 a phase II program provider;

(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 programs are designated to provide phase II services;

(f) "Approval period" means the period of time specific providers are designated to provide phase II services;

(g) "Certification" means a process whereby the department determines whether an applicant meets the minimum qualifications for a phase II or IDIP instructor as specified in He-A 705 and these rules;

(h) "Client" means a person convicted of a subsequent first offense, aggravated driving while impaired (DWI) offense, or a multiple DWI offense and who attends a phase II program;

(i) "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;

(j) "Co-facilitator" means a person who assists a certified instructor in conducting a phase II class, and who is either a certified instructor or currently working towards becoming a certified instructor ;

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

(l) "Completion report" means a form created by the department which contains information about the client's completion status of a phase II program, 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;

(m) "Course" means an intake interview, all educational classes, and the exit evaluation and assessment interview pertaining to a phase II program;

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

(o) "Department representative" means the individual designated by the department to conduct on-site visits to phase II programs and to complete monitoring reports based on those visits;

(p) "Direct client activities" means activities performed by a phase II program staff member which directly involve the educational and group process in relation to the client, including instructional, intake, evaluative, and assessment components;

(q) "Diagnostic instruments" means formal, validated written evaluation tools designed to elicit responses from clients relative to their involvement with alcohol and other drugs;

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

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

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

(u) "Impaired driver intervention program (IDIP) " means a program for persons convicted under RSA 265-A:2 and sentenced pursuant to RSA 265-A:18, and that is conducted pursuant to RSA 265-A:39, RSA 265-A:42, and He-A 700;

(v) "Instructor" means an individual who has been certified by the department, pursuant to He-A 705, to facilitate phase II sessions;

(w) "Intake interview" means a one-hour interview between a client and a LADC, or a phase II program staff member under LADC supervision, conducted in order to collect personal information and complete diagnostic instruments prior to educational classes;

(x) "International Certification & Reciprocity Consortium (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;

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

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

(aa) "Multiple DWI offender intervention detention center program (MOP) " means the 7-day residential intervention program operated by the state of New Hampshire for persons convicted under RSA 265-A:2 or RSA 265-A:3 and sentenced pursuant to RSA 265-A:18, and that is conducted pursuant to RSA 265-A:40 and RSA 265-A:42;

(ab) "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;

(ac) "Phase II program" means a 7-day residential impaired driver intervention program, equivalent to the multiple DWI offender intervention detention center program (MOP), for persons convicted under RSA 265-A:2 or RSA 265-A:3 and sentenced pursuant to RSA 265-A:18, and that is conducted pursuant to RSA 265-A:39, RSA 265-A:42, and He-A 900;

(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 (m), and any required aftercare;

(af) "Program director" means the director of a phase II program;

(ag) "Program fee" means the fee paid by a client to the phase II program provider in order to participate in the 7-day residential program;

(ah) "Provider" means an 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 applications (RFA) " means a formalized application process, pursuant to He-A 906, whereby the commissioner seeks applications for the provision of phase II services from provider applicants;

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

(al) "Session" means a single component of a phase II program's curriculum;

(am) "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;

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

(ao) "Treatment" means the application of planned procedures to identify and change patterns of behavior that are maladaptive, destructive and/or injurious to health, or to restore appropriate levels of physical, psychological, and/or social functioning.

#5252, eff 10-22-91, EXPIRED: 10-22-97

New. #7058, eff 7-21-99; ss by #8902, INTERIM, eff 7-13-07, EXPIRED: 1-9-08

New. #9082, eff 1-30-08; amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.