3. He-A 507.04 Service Plan Development

  1. The IDCMP shall develop, update, and maintain an individual service plan for treatment and recovery for each client for whom a positive finding is issued in accordance with He-A 507.03(f)-(g).
  2. The service plan shall be developed and discussed with the client within 14 calendar days following completion of the substance use disorder evaluation.
  3. Individual service plans shall be developed in a way that acknowledges the client’s
  4. Individual service plans shall contain, at a minimum, the following elements:
    1. The types and frequencies of required treatment and recovery services to be provided;
    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. Referrals for recommended services that are not provided directly by an approved Impaired driver services provider (IDSP);
    4. The schedule of required contacts, which shall be conducted on dates and at times that are mutually agreed to by both the IDCMP and the client;
    5. Any required drug or alcohol testing as ordered by the court or as indicated by the IDCMP as a result of the evaluation;
    6. An abstinence monitoring regimen as ordered by the court or if clinically indicated as a result of the evaluation, as applicable;
    7. Completion of an IDEP if the client has not provided documentation of proof of completion of a department-approved impaired driver intervention program within the past 5 years prior to the client’s latest conviction;
    8. The consequences of not complying with any of the service plan requirements;
    9. Documentation of the client’s participation in the service planning process or the reason why the client did not participate;
    10. Dated signature of the evaluator;
    11. Dated signature of the client, or an indication of the client’s refusal to sign and agree to the service plan.

Please Note: 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 rebut the requirements of the service plan or any changes made to the service plan.

If the IDCMP determines that the client is not in compliance with the service plan, the IDCMP shall:

  1. Notify the sentencing court, the client’s prosecutor, the DMV, and the bureau of such non-compliance; and
  2. Notify the client in writing that notice of non-compliance has been submitted.

If, within 6 months of a notice of non-compliance being sent in accordance with the section above, a client begins, continues, or returns to treatment and/or recovery, as applicable, the IDMCP shall review the existing service plan, revise the service plan as necessary, require the client to comply with the revised service plan, and not charge the client an additional fee.

If a client does not begin, continue, or return to treatment and/or recovery within 6 months of a notice of non-compliance being sent in accordance with the first section above, the client shall submit to a new substance use disorder evaluation, at the client’s expense, and a new service plan shall be developed before treatment and recovery can commence.

If an IDCMP staff is subpoenaed or otherwise required to attend a sentencing court proceeding as a result of a notice of non-compliance being sent in accordance with (k) above, the IDCMP may charge the client a fee of up to $100 per day that the IDCMP staff is required to attend a court proceeding.