1. (a) All individuals convicted of an impaired driving offence shall contact an IDCMP after they are convicted.
2. (b) Individuals shall obtain the required documents and complete an intake and screening within the required timeframe outlined in the court conviction paperwork, either 14 or 30 days from conviction.
3. (c) There shall be an initial face-to-face intake between the client and IDCMP staff.

4. (d) The initial intake shall include the following steps:

   1. (1) Each client shall provide the IDCMP with the following documentation at the time of intake, which shall then be reviewed:

      1. a. A current original certified copy of the client’s driver’s license record, printed within the past 60 days, from all of the following, as applicable:

         1. 1. The state of New Hampshire department of safety, division of motor vehicles;
         2. 2. The state in which the client holds a driver’s license, if a non-resident; and
         3. 3. Any state in which the client has been arrested or convicted for an offense involving driving a motor vehicle under the influence of alcohol or drugs;
      2. b. Superior or district court orders or case summary;
      3. c. Chemical test results, if any were performed, or documentation of the client’s refusal to submit to chemical tests, either via the results themselves or as stated on the arrest report narrative;
      4. d. A copy of the client’s arrest report or arrest narrative, or both relating to conviction;
      5. e. Documentation of proof of completion of a department-approved impaired driver education program if such a program has been completed within 5 years prior to the client’s request to the DMV to have their license reinstated, pursuant to RSA 265-A:42; and
      6. f. The client’s criminal record, in a format to be determined by the individual IDCMP’s policy;
   2. (2) Screening of first-time offenders, as described in He-A 507.02, and, if needed, the scheduling of an impaired driver evaluation shall take place. The evaluation may be conducted on the same day as the intake and screening;
   3. (3) Impaired driving evaluation of individuals convicted of an aggravated, second, or subsequent DWI offense, which shall include the screening tools in He-A 507.02(b).
   4. (4) Referral to or scheduling attendance at an IDEP if the client has not provided proof of completion of a department-approved IDEP within 5 years prior to the client’s request to the DMV to have their license reinstated pursuant to RSA 265-A:42.
   5. (5) Notice to the client of the reduced fee options available to them, pursuant to He-A 505.02, including obtaining the client’s written acknowledgment that such notice has been given;
   6. (6) Securing release(s) of information; and
   7. (7) Payment of the per client fee described in He-A 505.03 by the client.
5. (e) Failure to provide the documentation in (d)(1) above shall prevent a completion report from being finalized and sent to the DMV until such documentation is provided.
6. (f) IDCMPs shall have their own policies and procedures related to the provision of documentation in (d)(1).
7. (g) If new information is obtained from the documentation in (d)(1) above that was not previously disclosed to the IDCMP, this may result in an evaluation being needed, if not already conducted, additional treatment being required, and a service plan being implemented.
8. (h) Failure to provide the documentation related to (d)(4) above shall prevent a completion report from being finalized and sent to the DMV until such documentation is provided or the client completes an IDEP.
9. (i) Failure to provide the per client fee in He-A 505.01 (b)(6) shall not prevent the intake from being conducted, but shall prevent a completion report from being finalized and sent to the DMV.

10. (j) At the time of intake, the IDCMP shall inform the client, in writing, of the following information, and obtain the client’s written acknowledgment that such information was provided and agreed to:

    1. (1) The rules of the program, including attendance requirements and the consequences of tardiness and unexcused absences;
    2. (2) Expectations of both the IDCMP and the client;
    3. (3) The requirements and procedures for completion of the program and license reinstatement;
    4. (4) The rules contained in He-A 500 that require the client’s adherence; and
    5. (5) The consequences of failure to complete the program.
11. (k) Notice of any scheduled appointments shall be proved to the client in writing;

12. (l) Each client shall sign a 42 CFR Part 2 compliant release of information for each of the following:

    1. (1) The department, for purposes of technical assistance, quality management, and audit program and oversight pursuant to (m) below;
    2. (2) All other IDCMPs to communicate regarding all aspects of the client’s involvement in an IDCMP, should the client choose to participate in a different IDCMP; and
    3. (3) Any IDSPs involved with treatment related to the current offense to communicate regarding all aspects of the client’s engagement and progress in treatment.

13. (m) Each client shall sign and date a “Web Information Technology System (WITS) Information Use Acknowledgement for Clients Not Receiving Bureau of Drug and Alcohol Services (BDAS) Funded Services” form (December 2023), acknowledging the following:

    “You are receiving services from a provider that utilizes the WITS system for client record keeping purposes. Any client information entered into the WITS system is protected by federal law (42 CFR, Part 2) and the department of health and human services (DHHS), which prohibits disclosure of the information without client consent except in very limited circumstances.

    Because the WITS system is maintained by BDAS, certain DHHS employees are authorized to access the information that is entered into the WITS system. These DHHS employees are bound by State and Federal law (42 CFR, Part 2) to keep the information in WITS confidential and to only access it for legitimate business purposes. In general, once information is entered into WITS, it cannot be removed. As stated above, the sharing of client identifiable information outside of the Department without written consent from the client is prohibited by 42 CFR, Part 2. Some examples of when client information is accessed and how it is used are:

    if !supportLists?• endif?Technical assistance with utilizing the WITS system;

    if !supportLists?• endif?Technical assistance with clinical decision making upon provider request; and

    if !supportLists?• endif?Reporting of deidentified client data to meet legislative and other administrative requests.

    You have the right to choose whether or not your personal information is entered into the WITS system.

    By signing below, I indicate that I understand that having my personal information entered into the WITS system will result in DHHS employees having access to that information for legitimate business purposes. I also attest that I have completed a 42 CFR, Part 2 compliant consent to allow my provider to release my personal information to BDAS through use of the WITS system.”

14. (n) Failure to sign the releases in (j) and (k) above shall prevent the intake from being completed.
15. (o) An IDCMP shall not accept for services a client who presents with court documentation that specifies a different IDCMP. The client shall attend the court-ordered IDCMP, or have the order changed by the court.

Source. #10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34