Current through Register No. 45, November 7, 2024
Section He-A 507.04 - Service Plan Development(a) The IDCMP shall develop, update, and maintain an individual service plan for treatment and recovery for each client for whom a positive finding is issued in accordance with He-A 507.03(f) -(g) .(b) The service plan shall be developed and discussed with the client within 14 calendar days following completion of the substance use disorder evaluation.(c) Individual service plans shall be developed in a way that acknowledges the client's: (1) Cultural sensitivities;(4) Language comprehension; and(d) Individual service plans shall contain, at a minimum, the following elements:(1) The types and frequencies of required treatment and recovery services to be provided;(2) The required timeframe for starting treatment and recovery services, which shall be no later than 30 days after the service plan requirements are discussed with the client;(3) Referrals for recommended services that are not provided directly by an approved IDSP;(4) The schedule of required contacts, which shall be conducted on dates and at times that are mutually agreed to by both the IDCMP and the client;(5) Any required drug or alcohol testing as ordered by the court or as indicated by the IDCMP as a result of the evaluation;(6) An abstinence monitoring regimen as ordered by the court or if clinically indicated as a result of the evaluation, as applicable;(7) Completion of an IDEP if the client has not provided documentation of proof of completion of a department-approved impaired driver intervention program within the past 5 years prior to the client's latest conviction;(8) The consequences of not complying with any of the service plan requirements;(9) Documentation of the client's participation in the service planning process or the reason why the client did not participate; (10) Dated signature of the evaluator; and(11) Dated signature of the client, or an indication of the client's refusal to sign and agree to the service plan.(e) The IDCMP shall consider, and incorporate as necessary, any aftercare requirements not completed from previous impaired driver convictions when developing the service plan for the most recent impaired driver conviction.(f) The types of clinical services required by the service plan shall be based on a level-of-care recommendation in accordance with the American Society of Addiction Medicine (ASAM) Patient Placement Criteria for the Treatment of Substance-Related Disorders, Second Edition-Revised (May 5, 2007) . (See Appendix A.) (g) The following minimum duration of counseling and number of clinical sessions shall be required by each service plan: (1) For first-time offenders, a minimum of 6 to 10 counseling sessions shall be required with no more than one individual session and/or one group session weekly for 6 to 10 consecutive weeks;(2) For second offenders: a. A minimum of 6 months of counseling and a minimum of 20 counseling sessions shall be required with no more than one individual session and/or one group session weekly for 20 or more consecutive weeks; orb. Completion of an intensive outpatient program shall be required;(3) For third offenders: a. Completion of an intensive outpatient program shall be required;b. Followed by a minimum of 3 months of counseling at a minimum of 2 times per month; andc. The requirements in a. and b. above shall not be met concurrently; and(4) For fourth or subsequent offenses: a. Completion of an intensive outpatient program shall be required;b. Followed by a minimum of 6 months of counseling at a minimum of 2 times per month; andc. The requirements in a. and b. above shall not be met concurrently.(h) The IDCMP may increase the minimum number of months and clinical sessions described in (g) above if the substance use disorder evaluation provides additional clinically significant information, or if there is information related to legal history and other factors, that indicates the need for a greater duration of treatment or an additional number of sessions.(i) IDCMPs may include in a client's service plan a recommendation for, but shall not require, the client to participate nor make participation a requirement of program completion, in any 12-step program or any type of religious or spiritual based program if the client raises any objection at any time to participating in such a program.(j) For each client the service plan shall be reviewed and updated as follows: (1) The service plan shall be reviewed at least every 60 days;(2) The review shall document the degree to which the client is meeting treatment, personal, and recovery goals;(3) The service plan shall be updated as necessary during the course of treatment to reflect the client's progress; and(4) Any changes to the service plan shall be signed by the client or the service plan shall indicate the client's refusal to sign and agree to the changes in the service plan.(k) A client may request a hearing with the department of safety, pursuant to RSA 265-A:40, VI, and Saf-C 204.20, in order to rebut the requirements of the service plan or any changes made to the service plan.N.H. Admin. Code § He-A 507.04