Ariz. Admin. Code § 9-20-108

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-20-108 - Requirements for DUI Screening

A. An administrator shall ensure that policies and procedures are developed, documented, and implemented for:

1. Conducting DUI screening,

2. If applicable, performing DUI screening electronically including:

a. Using a secure connection,

b. Having direct and immediate interaction between the individual conducting the DUI screening and the individual being screened, and

c. Verifying the identities of the individual conducting and the individual receiving the DUI screening before the DUI screening is conducted;

3. Tracking and referring a client to DUI education or DUI treatment, and

4. Communicating with and reporting information to a referring court.

B. An administrator shall ensure that:

1. A client is given the following information in writing before DUI screening is conducted:

a. A description of the DUI screening process;

b. The timeline for initiating and completing DUI screening;

c. The consequences to the client for not complying with the DUI screening process and timeline; and

d. The cost and methods of payment for DUI screening, DUI education, and DUI treatment; and

2. The client's receipt of the information is documented in the client record.

C. An administrator shall ensure that a client's DUI screening:

1. Occurs within 30 days after the date of the court order, unless otherwise required by the court;

2. Is conducted by a:

a. Behavioral health professional; or

b. Licensed substance abuse technician under direct supervision, as defined in A.A.C. R4-6-101, of a behavioral health professional;

3. Consists of a face-to-face interview that lasts at least 30 minutes but not more than three hours;

4. Includes administering at least one of the following for measuring alcohol dependency or substance abuse:

a. Driver Risk Inventory II,

b. Michigan Alcoholism Screening Test,

c. The Minnesota Multiphasic Personality Inventory MMPI-2,

d. Mortimer-Filkins Test,

e. Substance Abuse Subtle Screening Inventory (SASSI),

f. Drug Abuse Screening Test (DAST),

g. Adolescent Chemical Dependency Inventory (ACDI),

h. Juvenile Substance Abuse Profile (JSAP),

i. Reinstatement Review Inventory (RRI), or

j A substance abuse questionnaire that contains the information in one of the screening assessments in subsections (C)(4)(a) through (C)(4)(i); and

5. Is documented in the client record.

D. An administrator shall classify a client based upon the information obtained in the DUI screening in subsection (C) as follows:

1. A Level 1 DUI client is a client who:

a. Meets at least one of the following:

i. Has been arrested or convicted two or more times for alcohol or drug-related offenses;

ii. Had an alcohol concentration of 0.15 or higher at the time of the arrest that led to the current referral and meets at least one of the criteria in subsections (D)(1)(b)(ii) through (xii);

iii. Has been unable to control use of alcohol or drugs or has habitually abused alcohol or drugs;

iv. Admits a problem controlling alcohol or drug use;

v. Has been diagnosed with substance abuse or organic brain disease resulting from substance abuse;

vi. Has experienced symptoms of withdrawal from alcohol or drug use that included visual, auditory, or tactile hallucinations; convulsive seizures; or delirium tremens; or

vii. Has been diagnosed with alcoholic liver disease, alcoholic pancreatitis, or alcoholic cardiomyopathy by a medical practitioner; or

b. Meets at least three of the following:

i. Had an alcohol concentration of 0.08 or higher at the time of the arrest that led to the current referral;

ii. Had previously been arrested or convicted one time for an alcohol-related or drug-related offense;

iii. Has experienced a decrease in attendance or productivity at work or school as a result of alcohol or drug use;

iv. Has experienced family, peer, or social problems associated with alcohol or drug use;

v. During DUI screening, provided responses on the standardized instrument in subsection (C)(4) that indicated substance abuse;

vi. Has previously participated in substance abuse education or treatment for problems associated with alcohol or drug use;

vii. Has experienced blackouts as a result of alcohol or drug use;

viii. Has passed out as a result of alcohol or drug use;

ix. Has experienced symptoms of withdrawal from alcohol or drug use including shakes or malaise relieved by resumed alcohol or drug use; irritability; nausea; or anxiety;

x. Exhibits a psychological dependence on drugs or alcohol;

xi. Has experienced an increase in consumption, a change in tolerance, or a change in the pattern of alcohol or drug use; or

xii. Has experienced personality changes associated with alcohol or drug use; and

2. A Level 2 DUI client is a client who:

a. Does not meet any of the criteria in subsection (D)(1)(a), and

b. Meets no more than two of the criteria in subsection (D)(1)(b).

E. An administrator shall ensure that after a client completes DUI screening:

1. The results of the DUI screening are documented in the client record and include:

a. The client's alcohol concentration at the time of the arrest that led to the current referral, if available;

b. The client's history of alcohol and drug use;

c. The client's history of treatment associated with alcohol or drug use; and

d. The client's history of impairments in physical, educational, occupational, or social functioning as a result of alcohol or drug use;

2. Referrals are made as specified in subsection (F); and

3. The following information is reported to the referring court within seven days after the client's completion of DUI screening:

a. The date that the client completed DUI screening;

b. The results of a client's DUI screening;

c. Recommendations for DUI education or DUI treatment, based on the:

i. Results of the DUI screening, and

ii. Recommendations of the behavioral health professional conducting the DUI screening; and

d. The name of the DUI services provider selected by the client to provide DUI education or DUI treatment to the client.

F. Except as provided in subsection (H), an administrator shall ensure that:

1. A Level 1 DUI client is referred to both:

a. A DUI education provider that provides at least 16 hours of DUI education, and

b. A DUI treatment provider that provides at least 20 hours of DUI treatment;

2. A Level 2 DUI client is referred to a DUI education provider that provides at least 16 hours of DUI education;

3. The referral of a client includes:

a. Providing the client with the names, addresses, and telephone numbers of three DUI education providers or DUI treatment providers, as applicable, in the geographic area requested by the client, at least two of which are not owned by, operated by, or affiliated with the DUI screening provider; and

b. Instructing the client to:

i. Select a DUI education provider or DUI treatment provider, as applicable;

ii. Schedule an appointment or enroll in DUI education or DUI treatment, as applicable, within seven days after the date of completion of the DUI screening; and

iii. Notify the DUI screening provider of the name of the DUI education provider or DUI treatment provider, as applicable, selected by the client;

4. A client's written authorization to release information to the selected DUI services provider is obtained; and

5. The DUI education provider or DUI treatment provider, as applicable, selected by the client is provided with:

a. A copy of the completed standardized instrument or results of the client's DUI screening, and

b. Recommendations for DUI education or DUI treatment, as applicable, from the behavioral health professional who conducted the DUI screening.

G. A DUI screening provider may refer a Level 1 or Level 2 DUI client to a self-help or peer-support program that assists individuals in achieving and maintaining freedom from alcohol or drugs, such as Alcoholics Anonymous or Narcotics Anonymous. Participation in a self-help group or peer support program is not DUI education or DUI treatment and does not count toward required hours in DUI education or DUI treatment.

H. If a court's requirements conflict with the requirements in subsection (F), a DUI screening provider shall:

1. Comply with the court's requirements,

2. Document in the client record that the court's requirements conflict with requirements in subsection (F), and

3. Maintain at the facility a document identifying the court's requirements.

I. An administrator shall ensure that a referring court is notified in writing within seven days, unless otherwise specified by the court, after:

1. A client fails to:

a. Obtain or complete DUI screening, or

b. Pay the cost of DUI screening; or

2. The DUI screening provider learns that a client has:

a. Completed DUI education or DUI treatment; or

b. Failed to:

i. Comply with DUI education or DUI treatment procedures, or

ii. Complete DUI education or DUI treatment.

J. An administrator shall ensure that a record is maintained for each client that contains:

1. The citation number or complaint number from the arrest that led to the current referral, if available;

2. A copy of the documents referring the client to DUI screening, if available;

3. Documentation that the client received the information required in subsection (B);

4. Documentation of the results of the client's DUI screening required in subsection (E)(1), including the completed standardized instrument required in subsection (C)(4);

5. Documentation of the:

a. Referrals for DUI education or DUI treatment, as applicable, required in subsection (E)(2); and

b. Recommendations for DUI education or DUI treatment, as applicable, required in subsection (E)(3)(c);

6. The DUI client's signed and dated authorization for release of information required in subsection (F)(4); and

7. A copy of the information provided to the:

a. DUI education provider or DUI treatment provider, as applicable, selected by the client, as required in subsection (F)(5); and

b. Referring court as required in subsection (E)(3).

Ariz. Admin. Code § R9-20-108

Adopted under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 23, 1992; received in the Office of the Secretary of State November 9, 1992 (Supp. 92-4). Amended under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, §61, effective September 30, 1993 (Supp. 93-3). Section repealed; new Section made by exempt rulemaking at 7 A.A.R. 4439, effective October 3, 2001 (Supp. 01-3). Section repealed; new Section made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 (Supp. 13-2). Amended by final expedited rulemaking at 29 A.A.R. 3435, effective 10/4/2023.