Section He-A 904.04 - Attendance and Completion Requirements(a) Pursuant to RSA 265-A:42, V(a), a client shall be presumed to have successfully completed a phase II program if he or she has met the following requirements: (1) Attendance at all sessions, including an intake interview, with active participation in discussions and assessments, and completion of exercises, tests, and all required forms;(2) Completion of the scheduled exit evaluation and assessment interview; and(3) Payment in full of all assessed program and administrative fees.(b) The presumption in (a) shall be overcome by the provider if the LADC conducting the exit evaluation and assessment interview issues a positive finding for alcohol or other drug abuse and/or dependence and requires the client to comply with further counseling requirements before the program is considered to have been successfully completed.(c) If a client fails to keep a scheduled appointment for the intake interview, or if the client leaves during the intake interview or the exit evaluation and assessment interview and subsequently returns, the provider shall charge the client an administrative fee, unless the failure to start the program is excusable as established in (e) below.(d) If a client fails to start to start the program for which he or she has enrolled, the client shall be charged an administrative fee and rescheduled for the next available course cycle unless the failure to start the program is excusable as established in (e) below, but the client shall not be held responsible for agency errors in scheduling.(e) An excused absence from the program shall be granted by the program director only for an emergency situation beyond the control of the client, consisting of one of the following: (1) A death in the client's immediate family;(2) A medical emergency pertaining to the client that prohibits attendance; or(3) A medical emergency in the client's immediate family.(f) If a client is granted an excused absence, the phase II provider shall allow the client to participate in the next scheduled section of the program, beginning with the session where he or she left off, and the client shall not be required to pay an administrative fee.(g) If a client is absent from a session without being excused, the client shall leave the program, be refunded a prorated program fee, begin the program anew at the next scheduled first session, and shall again pay the entire program fee.(h) The client shall not be under the influence of alcohol, any illicit substance, or any non-prescribed or over-the-counter medication during program attendance. If the client is found to be impaired as a result of being under the influence of alcohol, any illicit substance, or any non-prescribed or over-the-counter medication during program attendance, the client shall leave the program, be refunded a prorated program fee, begin the program anew at the next scheduled first session, and shall again pay the entire program fee.(i) If, during the intake interview, the client reveals that he or she is currently taking an mood-altering medication under a physician's direction, or if, during the course of the phase II program, a client appears impaired as a result of taking prescribed medication, the provider shall request a written assessment from the prescribing physician regarding whether the client will be able to benefit from the program content while under the influence of such medication.(j) If the physician's assessment in (i) indicates that the client is unable to participate in the program, the client shall not be allowed to enter or continue the program until such time as he or she obtains medical clearance, at which point the client shall enter the program or begin the program anew at a scheduled first session. The client shall be refunded a prorated program fee, if applicable, and shall again pay the entire program fee.(k) If a client terminates the program for any reason other than course completion, the phase II program director shall notify the department and the court via a completion report, Form IDIP-021.(l) On-line impaired driver intervention programs shall not be acceptable for phase II program attendance and completion.N.H. Admin. Code § He-A 904.04
#5252, eff 10-22-91, EXPIRED: 10-22-97
New. #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 904.07)