Rule 375-5-6-.06 - Qualifications of Program Instructors(1)Initial qualifications. To be certified by the Department, each Applicant for Program Instructor shall meet the following initial qualifications: (a)Clear criminal record. Each Applicant for Program Instructor shall be subject to a fingerprint-based check of their criminal history, as designated by the Department, for review of any convictions. For the purposes of this chapter, a plea of nolo contendere and "first offender" sentences imposed pursuant to O.C.G.A. § 42-8-60, et seq., shall be considered a conviction. 1. Unless pardoned, an Applicant convicted of a felony shall be disqualified from Certification by the Department.2. An Applicant convicted for a dangerous sexual offense or an offense against a victim who was a minor at the time of the offense shall be permanently disqualified from eligibility.3. Unless pardoned, an Applicant with the following convictions shall be disqualified from Certification by the Department for a period of 10 years from custody or supervision: (i) a crime involving violence; or(ii) a crime of moral turpitude.(b)Safe driving record. Each Applicant for Program Instructor shall possess a valid driver's license from the state of their legal residence unless a medical condition makes them ineligible for a driver's license. Each Applicant for Program Instructor shall be subject to a check of their driving history. No Person whose driver's license or privilege to drive has been suspended or revoked as the result of any conviction or combination of convictions during the five-year period immediately preceding application for Certification shall be certified by the Department as a Program Instructor.(c)Academic and work experience qualifications. Each Applicant for Program Instructor shall have the following documented academic and/or prior work experience requirements: 1. A degree from an accredited college or university; or2. A high school diploma or GED and at least two years of full-time work experience as a licensed, certified, or credentialed substance abuse counselor with at least six months of experience in group counseling or group facilitation.(d)Age. Each Applicant for Program Instructor shall be at least 21 years of age.(e)Freedom from substance abuse and illicit drug use. Each Applicant for Program Instructor shall certify to the Department that they refrain from, and will continue to refrain from, abusing alcoholic beverages or controlled substances and from using illicit drugs.(2)Ongoing qualifications. Each Instructor certified by the Department shall possess the following qualifications, on an ongoing basis: (a)Continued clear criminal record. Each Program Instructor shall maintain a criminal record free of felony or misdemeanor convictions or pleas. In addition, each Instructor certified by the Department shall notify the Department if they plead guilty or nolo contendere to, or is convicted of, any felony or misdemeanor within five business days immediately following such event. Further, each Program Instructor certified by the Department shall, within five business days immediately thereafter, report to the Department any arrests that, if convicted thereof, would have excluded him or her from becoming initially certified as a Program Instructor pursuant to Ga. Comp. R. & Regs. R. 375-5-6-.06(1)(a). The Department may suspend or revoke any Program Instructor Certification upon receipt of notice of a conviction or arrest.(b)Continued safe driving record. Each Program Instructor shall continue to maintain a safe driving record during their period of Certification by the Department. Each Program Instructor shall continue to possess a valid driver's license from the state of their legal residence, unless a medical condition makes them ineligible for a driver's license. Each Program Instructor shall notify the Department, within five business days immediately thereafter, if their driver's license or privilege to drive is cancelled, suspended, or revoked in any jurisdiction, including the State of Georgia, for any reason. The Department may suspend or revoke any Program Instructor's Certification upon receipt of such notice.(c)Continuing education. Each Program Instructor shall complete a minimum of 32 hours of continuing education in alcohol and drug training or group facilitation training sponsored or approved by the Department every four years. A minimum of 16 hours shall be in Department-designated refresher courses specific to Program components. Each Program Instructor shall complete a minimum of 16 of the required 32 hours of continuing education training biannually and provide proof thereof to the Department on a biannual basis.Ga. Comp. R. & Regs. R. 375-5-6-.06
O.C.G.A. §§ 40-5-82, 40-5-83.
Original Rule entitled "Qualifications of Program Instructors" adopted. F. July 24, 2009; eff. August 13, 2009.Amended: New title, "DUI Alcohol or Drug Use Risk Reduction Qualifications of Program Instructors." F. Jan. 13, 2022; eff. Feb. 2, 2022.Amended: New title, "Qualifications of Program Instructors." F. June 12, 2024; eff. July 2, 2024.