N.H. Admin. Code § He-A 506.02

Current through Register No. 2, January 9, 2025

Section He-A 506.02 - Out-of-State Residents

(a) Out-of-state residents shall have the following program choices:

(1) Complete all impaired driver program components in New Hampshire in accordance with these rules;

(2) Complete all impaired driver program components in their state of residence; or

(3) Complete various impaired driver program components in New Hampshire and in their state of residence, as follows:

a. Intake, screening, evaluation, and care management components, including service planning and client contacts, shall be conducted in New Hampshire by an IDCMP;

b. Treatment components shall be completed in their state of residence; and

c. Education components shall be completed either in New Hampshire at an IDCMP or in their state of residence.

(b) The following shall apply to out-of-state residents who choose to receive services in their state of residence, as applicable:

(1) The out-of-state resident shall register with an IDCMP, as follows:

a. An in-person or telephone intake shall be conducted by the IDCMP in accordance with He-A 507.01, except that a screening shall not be conducted;

b. The client shall provide the IDCMP with the documentation listed in He-A 507.01(b) (1) ; and

c. The client shall pay the IDCMP the applicable fees listed in He-A 505.01(a) (8) ;

(2) If a screening is a required component, the client shall submit to the IDCMP the following documentation:

a. A written release of information, signed by the client;

b. Documentation of service provider credentials that meet the requirements in (c) (1) below; and

c. The results of the screening which meets the requirements in He-A 507.02(b) ;

(3) If an evaluation is a required component, the client shall submit to the IDCMP the following documentation:

a. A written release of information, signed by the client;

b. Documentation of service provider credentials that meet the requirements in (c) (1) below; and

c. The results of the evaluation which meets the requirements in He-A 507.03(d) ;

(4) If treatment is a required component, the following shall apply:

a. The IDCMP shall:

1. Develop a service plan in accordance with He-A 507.04 and based on the evaluation received in (3) above;

2. Monitor the client's compliance with the service plan in accordance with He-A 507.06, except that an IDCMP may utilize telephone contacts and other electronic means in place of required face-to-face contacts; and

3. Report non-compliance with the service plan in accordance with He-A 507.06; and

b. The client shall submit to the IDCMP the following information:

1. A written release of information, signed by the client; and

2. Documentation of service provider credentials that meet the requirements in (c) (1) and (c) (3) below;

(5) If an education program is a required component, the client shall submit to the IDCMP the following documentation:

a. A written release of information, signed by the client;

b. Documentation of service provider credentials that meet the requirements in (d) (2) below; and

c. An education program completion report;

(6) The IDCMP shall determine whether all required components have been completed and shall report such completion to the sentencing court, the division of motor vehicles, and the department; and

(7) In order to ensure that provider credentials meet applicable requirements in (c) below, a client may submit credentials to the IDCMP prior to the service being provided for pre-approval by the IDCMP.

(c) Out-of-state provider credentials shall be as follows:

(1) Screening, evaluation, and treatment services shall be provided by:

a. Individuals possessing an applicable IC&RC sanctioned license, and:

1. Which license allows him or her to engage in independent practice; or

2. Are supervised by an individual possessing an applicable IC&RC sanctioned license which allows the supervisor to engage in independent practice; or

b. If the client resides in a non-IC&RC state, by individuals who are approved by that state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction;

(2) Impaired driver education programs shall be provided by programs which are approved by that state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction; and

(3) On-line treatment programs and education programs shall be acceptable for out-of-state residents only if such a program is approved in their state of residence for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction.

(d) Reduced rates and ATR services shall not be available to out-of-state residents.

N.H. Admin. Code § He-A 506.02

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