W. Va. Code R. § 64-98-5

Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-98-5 - Program Levels of Referral
5.1. Initial Notification. -- The Commissioner of the Division of Motor Vehicles an Order of License Revocation and shall communicate the procedures for participation in the Program and the conditions to be met before license reinstatement.
5.2. Initial Assessment. -- The first phase of the Program consists of an enrollment session and a period of Assessment, conducted by a provider, for determining which Program levels are appropriate for each participant to complete. The assessment shall use:
5.2.a. Objective information such as the participant's blood alcohol content; various assessment tests as defined in the Program standards such as the Michigan Alcohol Screening Test (MAST), the Drug Abuse Screening Test (DAST), the Numerical Drinking Profile (NDP) and the McAndrews Scale of the Minnesota Multiphasic Personality Inventory (MMPI); and prior driving under the influence, public intoxication, and other substance abuse related arrests;
5.2.b. Subjective information based on the participant's problems involving family, employment, education or training, financial, medical, recreational, emotional, legal and substance abuse problems;
5.2.c. Information on the participant's interpersonal relationships, and his or her own observation of his or her present status, the evaluator's observations of the participant, and any other significant information that is available; and
5.2.d. American Society of Addiction Medicine (ASAM) criteria to determine the appropriate level of service for participant referral. A participant found to not meet American Society of Addiction Medicine (ASAM) criteria for any level of service must still be referred for the Level I Prevention and Education Component.
5.3. Level 1. Prevention and Education Component. -- A provider shall refer a participant who through the assessment phase is evaluated as not having a significant substance abuse problem to Level I. This level is informational and educational in nature and is intended to create an awareness of the misuse of alcohol and other drugs, particularly as the use relates to the operation of a motor vehicle. The Level I component consists of a minimum of eighteen hours and shall include the following:
5.3.a. Defensive Driving Instruction or other safety driving instruction;
5.3.b. Substance Abuse Education, of which at least one hour shall be an orientation to Alcoholics Anonymous, Narcotics Anonymous or other similar entity provided by a member of one of those organizations; and
5.3.c. One individual counseling session after the classroom instruction. This session shall be used to evaluate the participant's need for further services. If the counselor determines in the counseling session that the participant has not benefited significantly from participation in the program or has demonstrated a lack of involvement, additional prevention and education activities may be required to fulfill the completion criteria for Level I. The participant shall be responsible for the costs of any additional prevention and education activities.
5.4. Level II, Intervention and Treatment Component. -- A provider shall refer a participant who it considers as having an abuse problem according to the American Society of Addiction Medicine's (ASAM) criteria as set forth in the Program Standards to Level II of the Program. This level consists of individual or group outpatient counseling on a frequency correspondent to the determined need. Each Level II participant shall complete a Level I, Prevention and Education program.
5.5. Level III, Intensive Care Component. -- A provider shall refer a participant who is assessed as having an abuse problem according to the American Society of Addiction Medicine's (ASAM) criteria as set forth in the Program Standards to Level III. A participant at this level shall participate in an intensive treatment program which will have total abstinence as its goal. The intensive treatment component consists of intensive outpatient or residential treatment designed specifically for substance abuse treatment. The participant shall complete Level I, Prevention and Education Component and Level II, Intervention Treatment Component.

W. Va. Code R. § 64-98-5