N.H. Admin. Code § He-A 907.14

Current through Register No. 2, January 9, 2025

Section He-A 907.14 - Referral for Further Counseling

In cases when there is a positive finding for alcohol or other drug abuse and/or dependence and the client is referred for further counseling, the following shall occur:

(a) The LADC conducting the exit interview shall:

(1) Develop a preliminary treatment plan that outlines the method and duration of aftercare that the client shall undertake, and shall discuss it with the client;

(2) Complete Form IDIP-022, further counseling referral recommendations report, by including:

a. The client's name;

b. The client's address

c. The client's date of birth;

d. The date of the client's enrollment;

e. The date of the client's referral;

f. The client's BAC at the time of arrest, or an indication of the client's refusal of consent;

g. The client's number of DWI convictions;

h. An assessment of the client's problem and needs area(s);

i. A brief client history and background;

j. A description of the client's drinking and drug use patterns;

k. A preliminary treatment plan;

l. Any additional comments;

m. The client's response; and

n. The dated signature of the LADC completing the form;

(3) Have the client sign and date Form IDIP-022, further counseling referral recommendations report;

(4) Inform the client of the minimum certification/licensure requirements an aftercare provider must hold in order to provide approved aftercare services, as follows:

a. Outpatient counseling with a New Hampshire LADC, or an International Certification and Reciprocity Consortium (IC&RC) reciprocal level counselor;

b. Outpatient counseling with a person working towards licensure as a New Hampshire LADC and who has passed the written examination required by the New Hampshire board of licensed alcohol and other drug abuse professionals and is under the direct supervision of a New Hampshire LADC; or

c. A licensed psychologist with a certificate from the American Psychological Association for the treatment of alcohol and other psychoactive substance abuse disorders;

(5) Inform the client of the approved aftercare treatment/evaluation services available, including:

a. Alcohol and drug abuse self-help groups;

b. Intensive outpatient or residential treatment services; and

c. Outpatient counseling per the certification/licensure requirements listed in (a) (4) above;

(6) Provide the client with a list of referrals, which shall be aftercare providers that have met the requirements in (a) (4) -(5) above;

(7) Inform the client of the various counseling options available to the client, as described in (b) through (d) below;

(8) Complete Form IDIP-011, client profile, by including:

a. The LADC's treatment recommendations;

b. The LADC's dated signature; and

c. The date upon which the exit evaluation and assessment interview was completed; and

(9) Complete Form IDIP-033, further counseling report notification, by including:

a. The client's name, address, and date of birth;

b. The date of the client's exit evaluation and assessment interview; and

c. The LADC's dated signature.

(b) If the client chooses to receive aftercare from the same provider that provided the client with phase II program services, if the provider has this service available, then:

(1) The client shall read and complete Form IDIP-032, waiver of alternative provider for further counseling requirements, by including:

a. The client's name; and

b. The client's dated signature;

(2) The aftercare LADC shall sign and date Form IDIP-032, waiver of alternative provider for further counseling requirements;

(3) The client shall read and complete Form IDIP-020, consent for the release of treatment information, by including:

a. The client's name;

b. The aftercare agency name and address; and

c. The client's dated signature;

(4) The aftercare LADC shall sign and date Form IDIP-020, consent for the release of treatment information; and

(5) The client shall not receive aftercare directly from the LADC that conducted his or her exit evaluation and assessment interview.

(c) If the client chooses to receive aftercare from an aftercare provider that did not provide the client with phase II program services, then the client shall complete, and the aftercare LADC shall sign and date, Form IDIP-020, consent for the release of treatment information, described in (b) (3) -(4) above.

(d) If the client chooses to receive aftercare from an aftercare provider outside of the State of New Hampshire, that client shall receive aftercare from an IC&RC reciprocal aftercare provider in that state. If there is no IC&RC reciprocal aftercare provider in that state, then the client may receive aftercare from an aftercare provider that is approved by that state for the purposes of license reinstatement subsequent to an alcohol or drug DWI conviction.

(e) Within 5 business days of the exit evaluation and assessment interview, the phase II program provider shall forward:

(1) Form IDIP-033, further counseling report notification, to the department of safety;

(2) Form IDIP-022, further counseling referral recommendations report, to the convicting court; and

(3) Form IDIP-011, client profile, to the department.

(f) For those clients sentenced under RSA 265-A:18 for an aggravated DWI offense or a multiple DWI offense, the following shall occur:

(1) The phase II program staff shall inform the client that, pursuant to RSA 265-A:18, I(b) (3), I(c) (3), or IV(a) (3) , he or she must begin the further counseling requirements within 60 days of being released from the 7-day residential program or some other time that the court has ordered;

(2) The phase II program staff shall complete the top part of Form IDIP-034, further counseling court notification, by including:

a. The convicting court name and address;

b. The client's court docket number;

c. The client's name, address, and date of birth;

d. The date the client completed the 7-day residential program; and

e. The program staff's dated signature; and

(3) The client shall:

a. Read, sign, and date Form IDIP-034;

b. Have their aftercare LADC complete the bottom of Form IDIP-034, by including:

1. The aftercare agency name, address, and telephone number;

2. The date the client began the further counseling requirements; and

3. The aftercare LADC's printed name and dated signature; and

c. Submit completed Form IDIP-034 to the convicting court.

N.H. Admin. Code § He-A 907.14

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

New. #9082, eff 1-30-08 (from He-A 907.12 ); amd by #9578, EMERGENCY RULE, eff 10-23-09, EXPIRES: 4-21-10