Ariz. Admin. Code § 9-20-110

Current through Register Vol. 30, No. 20, May 17, 2024

Section R9-20-110 - Requirements for DUI Treatment

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

1. Cover the education, skill, and experience for individuals providing DUI treatment;

2. Cover the provision of DUI treatment;

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

4. Establish criteria the DUI treatment provider considers when determining whether to extend the time for a client's completion of DUI treatment.

B. An administrator shall ensure that:

1. The DUI treatment provider receives:

a. A copy of the documentation of the client's completion of DUI education, required in R9-20-109(G), from the client; or

b. Documentation of the client's completion of DUI education from the client's DUI screening provider;

2. A client is given the following information in writing before DUI treatment is conducted:

a. The procedures for conducting DUI treatment,

b. The timeline for initiating and completing DUI treatment,

c. The criteria the DUI treatment provider considers when determining whether to extend the time for completion of the DUI treatment,

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

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

f. The cost and methods of payment for DUI treatment; and

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

C. An administrator shall ensure that DUI treatment:

1. Is based upon the information and results of the client's DUI screening obtained from the DUI screening provider, as required in R9-20-108(F)(5), or referring court;

2. Includes at least 20 hours of group counseling that:

a. Is provided by a behavioral health professional or a licensed substance abuse technician under the direct supervision, as defined in A.A.C. R4-6-101, of a behavioral health professional;

b. Is provided according to the recommendations of the behavioral health professional who conducted the client's DUI screening;

c. Includes no more than 15 clients or, if family members participate in group counseling, no more than 20 individuals; and

d. Is documented in a client record according to subsection (I); and

3. Is scheduled to be completed within 16 weeks after the date the client enrolled in DUI treatment, unless the DUI treatment provider extends the time for completion of DUI treatment, as provided in subsection (E).

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

E. A DUI treatment provider may extend the time for a client's completion of DUI treatment if an event, such as one of the following, occurs during the 16 weeks after the date the client was enrolled in DUI treatment:

1. The client is serving time in jail;

2. The client or a family member of the client is ill or injured and requires medical services, as defined in A.R.S. § 36-401; or

3. A family member of the client dies.

F. 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 treatment 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 treatment, including failure to attend DUI treatment or failure to pay required costs; or

c. A client completes DUI treatment; and

2. Provided with a written report for each client, according to the timeline established by the DUI screening provider, that includes:

a. The client's date of enrollment;

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

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

d. Any recommendation for additional DUI treatment.

G. An administrator shall ensure that a client who completes DUI treatment receives:

1. Documentation that indicates completion of DUI treatment and includes:

a. The name of the DUI treatment provider,

b. The number of hours of DUI treatment completed,

c. The date of completion, and

d. The name of the client; and

2. An exit interview from an employee that includes a review of the information contained in the report required in subsection (F)(2).

H. If an administrator determines that a client's DUI treatment needs cannot be met by the DUI treatment 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 treatment provider is unable to meet the client's DUI treatment needs, including whether the client:

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

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

c. Requires treatment to be provided in a language in which DUI treatment is not provided by the DUI treatment provider; and

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

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

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

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

3. Documentation of each group counseling session in which the client participated, including:

a. The date of the group counseling session,

b. The topics discussed, and

c. The client's progress in meeting treatment goals;

4. Documentation of the client's failure to participate in a group counseling session, if applicable;

5. Documentation related to an extension of the time for a client's completion of DUI treatment, if applicable;

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

7. Documentation of the client's exit interview required in subsection (G)(2);

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

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

Ariz. Admin. Code § R9-20-110

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). 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).