N.H. Admin. Code § He-A 902.01

Current through Register No. 2, January 9, 2025

Section He-A 902.01 - Definitions

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.

N.H. Admin. Code § He-A 902.01

#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