N.H. Code Admin. R. He-A 507.03 – Substance Use Disorder Evaluation

(a) A substance use disorder evaluation shall be conducted face-to-face and be conducted when:
1. (1) Clients met the criteria outlined in He-A 507.02(d);
2. (2) The client was convicted of an aggravated, second, or subsequent DUI offense; and
3. (3) New information is revealed during the IDEP, IDSP, or other treatment provider sessions, or otherwise learned by the IDCMP pursuant to He-A 507.01(d), that indicated the appropriateness of an evaluation.
(b) 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 (c) below:
1. (1) A NH LADC or MLADC;
2. (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);
3. (3) A NH licensed psychologist with a certificate from the American Psychological Association for the treatment of alcohol and other psychoactive substance use disorders; or
4. (4) A LADC or MLADC in training who is actively working towards the NH LADC credential under appropriate supervision, and who meets the following requirements:
  1. a. Has passed the IC&RC written exam within the past 2 years;
  2. b. Has completed the following training within the past 2 years:
    1. 1. A 6-hour minimum training on ethics;
    2. 2. A 6-hour minimum training on suicide prevention;
    3. 3. A training on ASAM criteria; and
    4. 4. A training on conducting substance use disorder evaluations;
  3. c. Does not have the required number of hours yet to apply for licensure but is currently working towards those hours; or
  4. d. Meets one of the following:
    1. 1. Is 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 and has completed the trainings in He-A 507.03(b)(4)b. above; or
    2. 2. Has a master’s 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, and has completed the trainings in He-A 507.03(b)(4)b. above.
(c) An evaluation shall be in accordance with Substance Abuse and Mental Health Services Administration’s (SAMHSA), “TAP 21: Addiction Counseling Competencies” (2017 revision), available as noted in Appendix A, and include the administration and review of:
1. (1) The Behavior Data System’s, “Driver Risk Inventory-II (DRI-II)” (2007 edition), available as noted in Appendix A, 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 screen again;
2. (2) An evaluation tool that includes:
  1. a. Diagnostic information from the American Psychiatric Association’s, “Diagnostic and Statistical Manual for Mental Disorders (DSM-5)” (5th edition, 2013), available as noted in Appendix A;
  2. b. An assessment based on the American Society of Addiction Medicine’s (ASAM) “The ASAM Criteria”, (3rd Edition, 2013), available as noted in Appendix A; and
  3. c. The principals from the SAMHSA’s, “TAP 21: Addiction Counseling Competencies” (2017 revision), available as noted in Appendix A; and
3. (3) Any other diagnostic instruments, screenings, or assessment tools the IDCMP deems appropriate, with prior approval of the department, or as required by the department.
(d) An evaluation summary shall include the following elements:
1. (1) The results of the instruments in He-A 507.03(c);
2. (2) Relevant information related to the client’s arrest history, DUI history, arrest narrative, and case summary;
3. (3) A written biopsychosocial history of the client;
4. (4) A substance use disorder DSM-5 diagnosis, if applicable;
5. (5) A description of the client’s needs in each ASAM dimension as described in the ASAM’s, “The ASAM Criteria” (3rd Edition, 2013), available as noted in Appendix A;
6. (6) ASAM level of care attendance requirements as outlined in the ASAM’s, “The ASAM Criteria” (3rd Edition, 2013), available as noted in Appendix A; and
7. (7) Treatment and service plan requirements.
(e) A service plan and substance misuse treatment shall be required if any of the following is noted in the evaluation summary:
1. (1) The client has had more than one DWI conviction or was required to attend an impaired driver program in this or any other state within the past 10 years;
2. (2) The client was age 21 or over and had a BAC of 0.16 or higher at the time of arrest;
3. (3) The client was under the age of 21 and had a BAC of 0.08 or higher at the time of arrest;
4. (4) The client meets diagnostic criteria for an active substance use disorder in accordance with the American Psychiatric Association’s, “Diagnostic and Statistical Manual for Mental Disorders (DSM-5)” (5th edition, 2013), available as noted in Appendix A;
5. (5) The client meets the ASAM requirements for needing treatment in any ASAM level of care; or
6. (6) The evaluator has any other clinically justifiable reason for determining that there is the need for treatment, which must be document by the evaluator.
(f) If there is determined to be a need for a service plan and treatment, 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. (1) Develop an individualized service plan as described in He-A 507.04, based on recommendations in the evaluation pursuant to RSA 265-A:18, RSA 265-A:19, RSA 265-A:40, and RSA 265-A:42;
2. (2) Meet with the client to discuss, at minimum:
  1. a. The results of the evaluation;
  2. b. The service plan requirements;
  3. c. 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
  4. d. Referral to treatment and recovery support providers, including the client’s option to receive services from the IDSP of their choice and the requirements thereof. The client shall choose an IDSP, either at this meeting or by notifying the IDCMP of the choice by the date specified in the service plan;
3. (3) Provide the client with written copies of the information in (2) above;
4. (4) Obtain the client’s written acknowledgment that written copies of the information in (2) above have been provided; and
5. (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. The reason for refusal shall be documented.
(g) The IDCMP shall notify the client’s prosecutor if the client does not complete the evaluation within the timeframe required by the court, or pursuant to the statutory timeframes outlined in RSA 265-A.

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