Section Plc 503.06 - Standards for Program Agreements To qualify as an approved provider, an entity shall meet the following standards relative to its program agreements:
(a) A program agreement shall be developed for each participant based on the participant's specific conditions and circumstances that contains specific and objectively-determinable requirements to be met by the participant that are designed to ensure safe practice and public safety;(b) Each program agreement and any amendments or modifications thereto shall be in writing and signed by the participant and the program director; and(c) Each program agreement shall: (1) Require the program director to keep detailed records of the participant's involvement in all aspects of the program agreement;(2) For KTB participants, require the program director to inform the applicable board within 2 working days of receiving verification of a participant's non-compliance with any of the requirements contained in the participant's program agreement;(3) For NKTB participants, clearly inform the participant that the approved program shall report noncompliance by the participant with the terms of a program agreement to the applicable board only if the approved program determines there is clear and convincing evidence that not reporting the participant would jeopardize the health and safety of the public;(4) Authorize and require the program director to maintain the confidentiality of records concerning the participant's involvement in the program agreement except to the extent the records are released by the participant, provided that in cases where the participant's noncompliance with one or more terms of the program agreement has been reported to the applicable board, only the confirmation of noncompliance documentation shall be released to the applicable board if requested by the applicable board;(5) Require the program director to: a. Except for NKTB participants, provide information regarding the participant's compliance with the program agreement to the applicable board if requested for purposes of a pending or potential disciplinary proceeding; andb. Except as relating to NKTB participants, cooperate with the applicable board in any disciplinary action undertaken by the applicable board that relates to the condition or conduct addressed by the participant's program agreement; and(6) If the program agreement for a specific participant addresses a treatable or modifiable condition of the participant, include a detailed T/M plan that contains the elements listed in Plc 503.07.N.H. Admin. Code § Plc 503.06
Derived from Number 24, Filed June 13, 2024, Proposed by #13971, Effective 7/1/2024, Expires 7/1/2034.