N.H. Admin. Code § He-A 507.03

Current through Register No. 45, November 7, 2024

Section He-A 507.03 - Substance Use Disorder Evaluation

(a) A substance use disorder evaluation shall be conducted for:

(1) Individuals who have screened positive for a likelihood of a substance use disorder, pursuant to He-A 507.02; and

(2) Individuals convicted of an aggravated, second, or subsequent DWI offense.

(b) For individuals who have screened negative for a likelihood of a substance use disorder, pursuant to He-A 507.02, but for whom new information is revealed during an IDEP session or otherwise learned by the IDCMP that indicates the appropriateness of an evaluation, the IDCMP shall require the client to submit to the evaluation and shall notify the client's prosecutor of such requirement.

(c) A substance use disorder evaluation shall be conducted by one of the following credentialed professionals trained in the proper use of the diagnostic instruments listed in (d) below:

(1) A NH LADC or MLADC;

(2) A NH licensed clinical social worker, licensed in accordance with RSA 330-A, who is also certified by the National Association of Social Workers (NASW) as a certified clinical alcohol, tobacco, and other drugs social worker (CCATODSW); or

(3) A person who is actively working towards the NH LADC credential under appropriate supervision, which means a person who meets the following requirements:

a. Has passed the IC&RC written exam within the past 2 years;

b. Has completed the following training within the past 2 years:

1. A 6-hour minimum training on ethics;

2. Training on the 12 Core Functions;

3. Training on relevant New Hampshire statutes and rules; and

4. Training on conducting substance use disorder evaluations, including the Addiction Severity Index (ASI) (5th edition, 1998) (see Appendix A);

c. Does not have the required number of hours yet to apply for licensure but is currently working towards those hours; and

d. Meets one of the following:

1. In at least the second year of an accredited graduate clinical program and who is serving in a clinical internship in a licensed or certified treatment facility; or

2. Has a masters degree in a clinical field and has completed the academic requirements of the NH board of licensing for alcohol and other drug use professionals to be a NH MLADC pursuant to RSA 330-C:16.

(d) A substance use disorder evaluation shall include the administration and review of:

(1) The Addiction Severity Index (5th Edition, 1998), to include completion of all fields within the ASI assessment (see Appendix A);

(2) The Driver Risk Inventory-II (DRI-II) (2007 edition), except that clients who have already taken the DRI-II as part of a screening described in He-A 507.02 shall not be required to take the test again (see Appendix A);

(3) The RIASI (4th edition, 2005), except that clients who have already taken the RIASI as part of a screening described in He-A 507.02 shall not be required to take the test again (see Appendix A); and

(4) Any other diagnostic instrument the IDCMP deems appropriate.

(e) A substance use disorder evaluation shall include the following elements:

(1) A written biopsychosocial history of the client, to include:

a. A substance abuse history of the client;

b. A legal history of the client;

c. A medical history of the client;

d. A substance abuse history of the client's family;

e. The relevant psychiatric history of the client;

f. The relevant medication history of the client;

g. The client's current substance use/abuse dependency status;

h. The client's history of self-help attendance or involvement, if applicable; and

i. The client's history of any prior treatment for alcohol or substance abuse;

(2) A summary of the client's level of participation and motivation;

(3) An identification and results summary of all diagnostic instruments utilized in the course of conducting the evaluation; and

(4) A determination of a positive or negative finding, as described in (f), (g), and (i) below, except that a person in (c) (3) above shall not be allowed to make this determination.

(f) The IDCMP shall issue a positive finding for a substance use disorder if any of the following exists:

(1) The DRI-II alcohol scale score is at the 60th percentile or greater;

(2) The DRI-II drug scale score is at the 60th percentile or greater;

(3) The DRI-II truthfulness scale score is at the 90th percentile or greater;

(4) The RIASI score is 10 or greater;

(5) The client has had more than one DWI conviction in this or any other state within the past 10 years;

(6) The client was age 21 or over and had a BAC of 0.16 or higher at the time of arrest;

(7) The client was under the age of 21 and had a BAC of 0.08 or higher at the time of arrest; or

(8) The client meets diagnostic criteria for a substance use disorder in accordance with the Diagnostic and Statistical Manual for Mental Disorders (DSM) until DSM-5 (5th edition) supersedes DSM-IV-TR (4th edition) in 2013, after which the criteria shall be in accordance with DSM-5 (see Appendix A) .

(g) The IDCMP shall also issue a positive finding if none of the factors in (f) exists but the IDCMP determines that a positive finding is clinically indicated.

(h) If there is a positive finding, the IDCMP shall, either at the time of the evaluation or at a scheduled follow-up meeting conducted within 14 calendar days following completion of the evaluation:

(1) Develop an individualized service plan as described in He-A 507.04;

(2) Meet with the client to discuss:

a. The results of the diagnostic instruments in (d) above and the interpretation of the client's scores;

b. The evaluator's assessment of the client's involvement with alcohol and other drugs;

c. The service plan requirements;

d. The right to request a hearing with the DMV to rebut the service plan requirements, in accordance with RSA 265-A:40, VI, and Saf-C 204.20; and

e. Referral to approved treatment and recovery support providers, including, pursuant to RSA 265-A:40, VII, the client's option to receive services from the same IDCMP that conducted the evaluation and the requirements thereof;

(3) Provide the client with written copies of the information in (2) above;

(4) Obtain the client's written acknowledgment that written copies of the information in (2) above have been provided; and

(5) Obtain the client's dated signature on the service plan, or an indication of the client's refusal to sign and agree to the service plan.

(i) The IDCMP shall issue a negative finding for a substance use disorder if none of the factors described in (f) or (g) exists.

(j) If there is a negative finding, the IDCMP shall contact the client to cancel the follow-up meeting described in (h) above, if one was scheduled.

(k) The IDCMP shall enter the client's evaluation information into WITS.

(l) The IDCMP shall notify the client's prosecutor of the results of the evaluation within 5 business days of discussing the results of the evaluation with the client.

(m) The IDCMP shall also notify the client's prosecutor:

(1) If the client described in (a) (1) above does not complete the evaluation within 30 days of conviction pursuant to RSA 265-A:18, I(a) (3); and

(2) If the client described in (a) (2) above who has scheduled an evaluation does not complete the evaluation within the statutory timeframes in RSA 265-A.

N.H. Admin. Code § He-A 507.03

#10240, eff 1-1-13