Ariz. Admin. Code § 9-20-109

Current through Register Vol. 30, No. 17, April 26, 2024

Section R9-20-109 - Requirements for DUI Education

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

1. Providing DUI education;

2. If applicable, providing DUI education electronically including:

a. Using a secure connection, and

b. Verifying the identity of the individual receiving the DUI education; and

3. Communicating with and reporting information to an individual's DUI screening provider and, if applicable, the referring court.

B. An administrator shall ensure that:

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

a. The procedures for conducting DUI education,

b. The timeline for initiating and completing DUI education,

c. The consequences to the client for not complying with the procedures and timeline,

d. The information about the client that will be reported to the client's DUI screening provider or the referring court, and

e. The cost and methods of payment for DUI education; and

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

C. An administrator shall ensure that:

1. DUI education is provided in a classroom setting or electronically;

2. A current written schedule of DUI education classes is maintained at the facility;

3. DUI education consists of:

a. At least 16 hours in the classroom setting, or

b. Modules provided electronically that are equivalent to the content of the material covered during at least 16 hours of classroom instruction;

4. DUI education is scheduled to be completed within eight weeks after the date of the first class; and

5. The number of clients enrolled in a class for DUI education in a classroom setting does not exceed 30.

D. Participation in a self-help group or peer support program, such as Alcoholics Anonymous or Narcotics Anonymous, is not DUI education and does not count toward required hours of DUI education.

E. An administrator shall ensure that:

1. A written pre-test is administered to a client before the client receives DUI education to measure the client's knowledge of the subject areas listed in subsection (E)(2);

2. DUI education includes information on:

a. The physiological effects of alcohol and drug use;

b. How alcohol use and drug use affect an individual's ability to operate a vehicle, including how an individual's alcohol concentration is measured and how alcohol concentration impacts an individual's ability to operate a vehicle;

c. Alternatives to operating a motor vehicle while impaired by alcohol or drug use;

d. The psychological and sociological effects of alcohol and drug use;

e. The stages of substance abuse;

f. Self-assessment of alcohol or drug use;

g. Criminal penalties and statutory requirements for sentencing DUI clients;

h. Alternatives to alcohol or drug use;

i. Identification of different approaches to the treatment of substance abuse;

j. Resources, programs, and interventions available in the community for treatment of substance abuse; and

k. Orientation to the process and benefits of group counseling and self-help groups such as Alcoholics Anonymous and Narcotics Anonymous; and

3. A written post-test is administered to a client after receiving DUI education to measure the client's knowledge of the subject areas listed in subsection (E)(2).

F. An administrator shall ensure that a policy and procedure is developed, documented, and implemented that covers the use of results from the pre-tests and post-tests required in subsection (E).

G. An administrator shall ensure that a client who completes DUI education receives documentation that indicates completion of DUI education and includes:

1. The name of the DUI education provider,

2. The number of hours of DUI education completed,

3. The date of completion, and

4. The name of the client.

H. An administrator shall ensure that the DUI screening provider and, if applicable, the referring court is:

1. Notified in writing within seven days, unless otherwise specified by the court, after:

a. An individual fails to enroll in DUI education by the deadline established by the individual's DUI screening provider or the referring court;

b. A client fails to comply with the requirements for DUI education, including failure to attend DUI education or failure to pay required costs; or

c. A client completes DUI education; and

2. Provided with a written report for each client, within 30 days after ending the provision of DUI education to the client, that includes:

a. The client's date of enrollment;

b. Whether the client complied with the requirements for DUI education;

c. Whether the client completed DUI education and, if so, the date of completion; and

d. Any recommendation for additional DUI education or for DUI treatment.

I. If an administrator determines that a client's DUI education needs cannot be met by the DUI education provider selected by the client, the administrator may refer a client back to the client's DUI screening provider by submitting to the DUI screening provider:

1. Documentation of the reason that the DUI education provider is unable to meet the client's DUI education needs, including whether the client:

a. Requires behavioral health services that the DUI education provider is not authorized or able to provide,

b. Has a physical or other disability that the DUI education provider is unable to accommodate, or

c. Requires education to be provided in a language in which instruction is not provided by the DUI education provider, and

2. A recommendation for additional or alternative DUI education that would meet the client's DUI education needs.

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

1. Documents received from the client's DUI screening provider or referring court regarding the client;

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

3. The pre-test and post-test required in subsection (E) completed by the client;

4. The dates and time periods during which the client received DUI education;

5. Documentation of DUI education provided in a classroom setting that the client failed to attend;

6. A copy of the documentation indicating the client's satisfactory completion of DUI education required in subsection (G), if applicable;

7. A copy of the documentation provided to the client's DUI screening provider or referring court as required in subsection (H)(1);

8. A copy of the written report provided to the client's DUI screening provider or referring court as required in subsection (H)(2);

9. Documentation supporting a referral of the client back to the client's DUI screening provider, if applicable; and

10. Any other written information from or documentation of verbal contact with any of the following regarding the client:

a. The client's DUI screening provider,

b. The referring court,

c. The Department of Motor Vehicles, or

d. Another DUI education provider or a DUI treatment provider.

Ariz. Admin. Code § R9-20-109

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 by exempt rulemaking at 7 A.A.R. 4439, effective October 3, 2001 (Supp. 01-3). New Section made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 (Supp. 13-2).