1. (a) Within 14 days of the evaluation, the IDCMP shall develop and discuss an individual service plan for treatment and recovery with each client for whom it is required, based on the evaluation’s recommendations.

2. (b) Individual service plans shall be developed with the client, and in a way that acknowledges the client’s:

   1. (1) Cultural sensitivities;
   2. (2) Education level;
   3. (3) Reading ability;
   4. (4) Language comprehension; and
   5. (5) Cognitive ability.

3. (c) Case management shall be a part of the service plan and shall begin once the service plan is developed with the client and include but not be limited to the following:

   1. (1) Assisting clients with acquiring third party services, such as psychiatric or peer support services; and
   2. (2) Assisting clients with obtaining required documentation.
4. (d) The frequency of case management meetings shall be based on the individual needs of the client, and no less than once per month.
5. (e) The type, duration, and frequency of case management meetings may be updated or changed based on drug screen results, compliance with the service plan or lack thereof, or after consolation between the IDCMP and the IDSP.

6. (f) In addition to (c) above, individual service plans shall contain, at a minimum, the following elements:

   1. (1) The types and frequencies of required or recommended treatment and recovery services, or other supportive services, as outlined in (g) below;
   2. (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. (3) Any required drug or alcohol testing as ordered by the court or as otherwise clinically indicated;
   4. (4) An abstinence monitoring regimen as ordered by the court or if clinically indicated, as applicable;
   5. (5) The requirement to complete an IDEP if the client has not provided documentation of proof of completion of a department-approved impaired driver intervention program within 5 years prior to the client’s request to the DMV to have their license reinstated pursuant to RSA 265-A:42;
   6. (6) Dated signature of the IDCMP clinical staff; and
   7. (7) Dated signature of the client, or an indication of the client’s refusal to sign.

7. (g) The following minimum duration of counseling and number of clinical sessions with an IDSP shall be required by each service plan:

   1. (1) For clients with one DWI in their lifetime, a minimum of 6 outpatient counseling sessions shall be required within a time-frame documented in the service plan;
   2. (2) For clients with 2 DWIs in their lifetime, a minimum of 20 outpatient counseling sessions shall be required within a time-frame documented in the service plan; or
   3. (3) For clients with 3 or more DWIs in their lifetime, a minimum of 26 outpatient counseling sessions shall be required within a time-frame documented in the service plan.

8. (h) The minimum duration of counseling and number of clinical sessions with an IDSP in (g)(1)-(3) above may be individualized if, based on the results of the evaluation and in accordance with the ASAM criteria, the IDCMP makes and documents a clinical determination that the client:

   1. (1) Is in need of a higher ASAM level of care than outpatient, the IDCMP shall refer the client to the appropriate ASAM level of care for a duration of time to be determined by the IDCMP in consultation with the IDSP at that level of care;
   2. (2) Is in need of fewer or more than the minimum number of outpatient sessions, the client shall be required to attend the revised number of sessions, and the service-plan shall reflect the revised number of sessions; or
   3. (3) Would be better served by a treatment provider, other than an IDSP, or requires treatment services ancillary to IDSP services, the IDCMP shall require the client to attend this treatment.
9. (i) If, while the client is receiving the required number of sessions, the IDSP, or other provider makes a clinical determination that the client is in need of fewer or more than the recommended number of sessions, then they shall consult with the IDCMP, and the client shall be required to attend the revised number of sessions, and the service-plan shall be updated to reflect the revised number of sessions.
10. (j) For all third and subsequent offenders, after the required number of sessions in (g)(3) above, the IDCMP shall consult directly with the IDSP, or other treatment provider to document a clinically valid justification for why additional sessions , or are not, required.
11. (k) In cases where the IDSP and IDCMP, or other treatment provider disagree on the evaluation findings, or service plan requirements, the IDSP and a clinical provider from the IDCMP shall work together to come to an agreement and document the associated effort.

12. (l) If an agreement in (k) above is unable to be reached:

    1. (1) The stricter requirement shall be followed; and
    2. (2) The client shall be notified of their right to a hearing with the Department of Safety, pursuant to RSA 265-A:40, VI, and Saf-C 204.20.
13. (m) The IDCMP shall consider, and incorporate as necessary, any requirements not completed from previous impaired driver convictions when developing the service plan for the most recent impaired driver conviction.
14. (n) A recommendation for engagement with community-based support groups may be required in the IDCMP’s service plan, however, a specific modality of community-based support shall not be required.
15. (o) 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 challenge the requirements of the service plan or any changes made to the service plan.

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