Section Saf-C 204.02 - Physical, Mental or Moral Impairment: Driver Re-Examination(a) "Alcohol evaluation" for the purposes of this section, means an evaluation conducted by a certified alcohol and drug abuse counselor or licensed alcohol counselor to determine if a chemical dependency exists and if the individual is at risk to recidivate.(b) An alcohol evaluation shall include, but not be limited to: (1) The reason for evaluation;(2) A mental status examination;(3) A psychosocial history, including: b. Any physical and emotional difficulties;c. The employment situation;(6) A history of alcohol and/or drug usage, including: d. Patterns of consumption and use;e. Family members usage; andf. The types of previous treatment and response;(7) The substance abuse treatment history;(8) The diagnostic test scores; and(9) Summary and recommendations, including the current risk of repeating an alcohol or drug related offense.(c) "Driver examination" for the purposes of this section, means a visual acuity screening, a road performance test, or a written examination, or all 3, or any combination thereof, administered by the driver licensing section of the division.(d) "Driver re-examination" for the purposes of this section means the requirements set forth in Saf-C 1009.(e) "Medical evaluation" for the purposes of this section means a medical, psychiatric or psychological examination or any combination thereof.(f) A hearings examiner shall require a licensee or license applicant to undergo an alcohol evaluation, a medical evaluation, a driver re-examination, or any combination thereof upon receipt of information that the licensee or applicant has a condition which might impair his or her driving ability.(g) Information shall be accepted from sources including, but not limited to: (1) The licensee's or applicant's admission to impairment;(3) Law enforcement officers;(5) Private complaints; and(h) If a medical or alcohol evaluation is required, the licensee or applicant shall be responsible for the cost of such evaluation, and for releasing and forwarding the results of such evaluation in written form to the department.(i) Prior to requiring such medical evaluation, alcohol evaluation, or driver re-examination, a hearings examiner shall afford the licensee the opportunity for a hearing, except as provided in paragraph (k).(j) Upon receipt of the results of such alcohol or medical evaluation or driver re-examination, the hearings examiner shall take administrative action. The licensee shall be afforded an opportunity for a hearing prior to any administrative action unless the hearing examiner determines that action pursuant to (k) is applicable.(k) If the department receives information which substantiates that the licensee is so physically, mentally or morally impaired that immediate harm to the public could occur if the licensee retains his or her driver license or operating privilege, the director shall immediately suspend the driver license or operating privilege.(l) Such information referred to in (k) above shall include, but not be limited to, reports: (1) Of chemical dependency, substance abuse, seizures or blackouts;(2) That the licensee has been adjudicated as incapacitated in accordance with the provisions of RSA 464-A:1, et seq.;(3) That the licensee is suffering from a mental illness as defined in RSA 135-C:2, X, and the rules adopted therefrom, or is severely mentally disabled as defined in RSA 135-C:2, XV, and the rules adopted therefrom;(4) That the licensee has been involuntarily committed to a psychiatric facility; or(5) That the licensee has been convicted of a crime involving moral turpitude.(m) Nothing contained herein shall prohibit the commissioner from requiring proof of financial responsibility pursuant to RSA 264:2 and Saf-C 207.05.N.H. Admin. Code § Saf-C 204.02
#2250, eff 12-31-82; ss by #2946-a, eff 1-3-85; ss by #4451, eff 6-24-88; ss by #4844, eff 6-20-90; ss by #6249, INTERIM, eff 6-16-96, EXPIRES: 10-14-96; ss and moved by #6337, eff 9-25-96 (from Saf-C 203.02 ); ss by #8174, INTERIM, eff 9-25-04, EXPIRES: 3-24-05 ; ss by #8230-B, eff 12-17-04
Amended by Volume XXXIII Number 37, Filed September 12, 2013, Proposed by #10395-B, Effective 8/15/2013, Expires 8/15/2023.