N.H. Rev. Stat. § 265-A:40 — NH Code / Title XXI / Chapter 265-A / Section 40
265-A:40 Impaired Driver Care Management Programs.
Status: in_force

I. The commissioner of the department of health and human services shall publish a regularly-updated list of approved impaired driver care management programs (IDCMPs) and related treatment providers. The commissioner of the department of health and human services may approve an IDCMP upon receipt of an application that demonstrates, in a manner satisfactory to the commissioner of the department of health and human services, that the applicant has the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide the services required of an IDCMP under this chapter. A treatment provider, who may also carry out substance use disorder evaluations, may be approved upon receipt of an application that demonstrates in equivalent fashion the professional capability, financial viability, pertinent experience, and potential longevity necessary to provide services. The commissioner of the department of health and human services shall monitor IDCMP services and may withdraw the approval of an IDCMP or treatment provider upon receipt of reliable evidence that the entity has failed to meet the requirements of this section or is likely to act in a manner that threatens public safety or the welfare of a client. II. An approved impaired driver care management program (IDCMP) shall provide the following services for persons arrested for or convicted of an offense under this chapter: (a) Screening of first-time offenders, using a screening test approved by the department of health and human services, to determine whether they need a full evaluation for substance use disorders. (b) Conducting a full substance use disorder evaluation, as necessary. (c) Development of a service plan based on this assessment of the client, which may include referral to education and/or treatment programs. (d) Monitoring of the services provided to the client under the service plan. (e) Notifying the division of motor vehicles and the sentencing court if the client fails to comply with the service plan. (f) Periodic face-to-face evaluations of the client's progress. (g) Administration of drug and alcohol tests or other abstinence monitoring regimen required by the court or included in the service plan. (h) Reporting the results of monitoring or final evaluation and completion by the IDCMP, as appropriate, to the sentencing court, the division of motor vehicles, and the department of health and human services. III. The client shall provide to the program an original certified copy of the person's driver's license record. Such record shall be secured from the division of motor vehicles, or from the state in which the person holds a driver's license, if an out-of-state resident. The person shall pay for all costs involved in securing the certified copy. IV. Persons receiving services from an impaired driver care management program and from education or treatment programs included in the service plan shall be responsible for the fees assessed by such programs, including a per-client fee paid by the program provider to the department of health and human services sufficient to cover the costs of monitoring program services, data collection, and administrative support by the department of health and human services. Persons who cannot pay for IDCMP or treatment services may avail themselves of publicly funded programs. The department of health and human services may review the fees assessed and allow for payment plans, fee waivers, or services for indigent clients or clients that meet poverty guidelines established by the commissioner. V. The approved impaired driver care management program (IDCMP) shall determine whether the client has complied with all requirements. The IDCMP shall notify the client, the division of motor vehicles, and the court when the client has complied with such requirements and paid all applicable fees. V-a. If a client completed all IDCMP programming requirements and was eligible for license restoration more than 5 years prior to applying to the division of motor vehicles for license restoration, then the client must undergo a new screening and/or evaluation, as applicable, with an IDCMP, and retake the impaired driver education program. If deemed clinically necessary by the IDCMP, the client will then be subject to a new service plan, and pay all associated fees, except he or she shall not be subject to the state fee. This requirement does not apply to individuals who fully completed the multiple offender program prior to January 1, 2013. V-b. If the client was convicted of an impaired driving charge subsequent to completing all IDCMP program requirements, the client shall be subject to the requirements of paragraph V-a, regardless of how much time has passed. VI. The client shall have the right to a hearing before the commissioner of safety or designee, who shall determine whether the service plan requirements are warranted and appropriate. VII. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to the impaired driver care management programs with respect to: (a) Approval of programs. (b) Procedures and forms to be followed in order to verify client completion of the program. (c) Place of business and areas of the state in which approved programs may operate. (d) Records and reports. (e) Schedule of fees and charges. (f) Certification and recertification of programs. (g) A per client fee to be paid by program providers sufficient to cover the costs of monitoring compliance, data collection, and administrative support. (h) Site reviews. (i) Program compliance. (j) Any other matter related to the proper administration of this section and the protection of the public. VIII. For the purposes of clinical efficacy and continuity of care the IDCMP may provide substance abuse treatment services to those persons required to complete a treatment service plan if the IDCMP is also a department of health and human services approved treatment services provider and if the person elects this option. Before the person may elect this option, the IDCMP shall first provide the person with a printed list of all other department of health and human services approved providers. The person shall sign a waiver acknowledging receipt of the list that also fully explains his or her right to choose a different provider at any time. The person may elect to receive treatment services from the IDCMP by acknowledging on the waiver that he or she has chosen to obtain the required substance abuse treatment services from the IDCMP. IX. Notwithstanding other provisions in RSA 265-A, out-of-state residents may elect to obtain required screening, evaluation, treatment, and education services in their legal state of residence provided that they register with a New Hampshire IDCMP either prior to, or upon completion of, the requirements of their legal state of residence and that the New Hampshire IDCMP: (a) Ensures that screening, evaluation, treatment, and education services are provided by individuals and programs that are approved by the out-of-state resident's state for the purpose of license reinstatement subsequent to an alcohol or drug DWI conviction, and that the required education is deemed equivalent to New Hampshire requirements, or submits a waiver to the commissioner for the education received out-of-state; (b) Verifies the out-of-state resident successfully completed all license restoration requirements of his or her legal state of residence within the past 5 years; (c) Verifies the out-of-state resident has not been convicted of any impaired driving offenses in his or her legal state of residence, or the state of New Hampshire, since completing the license restoration requirements; (d) Verifies the out-of-state resident is eligible for license restoration in his or her legal state of residence; and (e) Reports the out-of-state resident is eligible for license restoration in New Hampshire to the division of motor vehicles.