- (a) Pursuant to RSA 265-A:40, II(g), the IDCMP shall be responsible for the administration of drug and alcohol testing required by the court or included in the service plan.
- (b) An IDCMP shall administer drug or alcohol testing by requiring that sample collection and testing be conducted at a Clinical Laboratory Improvement Amendments (CLIA)-approved testing laboratory or may administer on-site rapid drug or breathalyzer tests, if there is reasonably suspicion that the client is impaired, or if there is another clinical justification to do so.
- (c) An IDCMP shall not require drug or alcohol testing to be conducted by an IDSP.
(d) The following types of drug or alcohol testing may be included in a client’s service plan:
- (1) Any testing required by the sentencing court; and
- (2) Testing of a client’s urine or BAC, if clinically indicated.
- (e) A service plan shall not require testing of a client’s blood unless required by the sentencing court.
- (f) The frequency of alcohol or drug testing required by the service plan, except for testing required by the sentencing court, shall be no more than once per month, except that a second test may be ordered in a month if the test comes back positive.
- (g) If a client refuses a drug or breathalyzer test or does not show up for a drug or breathalyzer test within the required time frame, it shall be treated as a positive test.
- (h) If a client has a positive drug or breathalyzer test, the IDCMP and the IDSP shall review the service plan and determine if further counseling, or case management, or both is clinically indicated.
- (i) Clients shall be responsible for the cost of sample collection and testing done at an outside testing site and for any rapid tests conducted on-site.
- (j) There shall be no conflict of interest between an IDCMP and an outside testing site.
Source. #10240, eff 1-1-13; ss by #13846, eff 1-6-24, EXPIRES: 1-6-34