California Code of Regulations
Title 9 - Rehabilitative and Developmental Services
Division 4 - Department of Alcohol and Drug Programs
Chapter 3 - Programs for Alcohol and Drug Impaired Drivers
Subchapter 3 - Program Standards
Article 1 - General Standards
Section 9852 - Educational Sessions

Universal Citation: 9 CA Code of Regs 9852

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Educational sessions shall be no less than one hour and no more than two hours in length. Time allowed for breaks shall not be counted toward meeting the number of hours for educational sessions in accordance with Section 9851.

(b) DUI program staff who conduct educational sessions shall meet the staff qualifications required in Section 9846(b).

(c) Educational sessions shall be informational in content and instructional in manner of presentation. Educational sessions may consist of lectures, seminars, films, audio tapes, written exercises, or any combination thereof. Educational sessions shall include information regarding the following topics:

(1) The use and effects of alcohol and other drugs.

(2) The nature of addiction to alcohol and other drugs.

(3) Impairment of driving abilities, skills, and judgment caused by consumption of alcohol or other drugs.

(4) Alternatives to the abuse of alcohol and the use of illicit drugs, including discussion of how abstinence, additional county requirements, ancillary services, and participation in self-help groups, assist the participant to recognize the effects of chemical dependency and understand the recovery process.

(5) The effects of alcohol or other drug use on the individual, the family, and society.

(d) The DUI program shall encourage participant discussion during educational sessions.

(e) A participant shall not attend more than one educational session per calendar day.

(f) The DUI program shall limit attendance at educational sessions to a maximum of 35 program participants.

(g) The instructor must be present during the entire educational session.

(h) A DUI program licensed as an 18- or 30-month program shall not allow an outside person, except an interpreter, family member, or significant other of a participant to attend educational sessions conducted for a participant. If the DUI program allows a family member or significant other of a participant to attend educational sessions, all of the following conditions shall apply:

(1) Each family member or significant other shall attend educational sessions only on a voluntary basis. A signed copy of the agreement confirming voluntary attendance by the family member or significant other shall be maintained in the appropriate participant record.

(2) The DUI program shall provide participant's family member or significant other, who attend educational sessions, with a copy of the program rules (including maintaining confidentiality) and shall inform the participant's family member and significant other, in writing, that they may be prohibited from attending future educational sessions if they fail to comply with program rules. The DUI program shall retain in the participant's record a copy of the program rules and the consequences of noncompliance, signed by the family member or significant other.

(3) Attendance by a family member or significant other shall not result in an increased cost to the participant. The DUI program may charge fees to the family member or significant other for attending educational sessions.

(i) The DUI program shall require each participant to sign a roster at each educational session in order to verify attendance. The DUI program shall maintain attendance rosters for each educational session. The attendance roster for each educational session shall list the following information:

(1) Date of the session,

(2) Starting and ending time,

(3) Topics presented or session number,

(4) Printed and signed names of participants in attendance, and

(5) Signature of the program staff who conducted the session.

(j) The DUI program shall document attendance at educational sessions in each participant's case record.

(k) No credit shall be given for attendance unless the participant attended the entire educational session as scheduled.

1. Change without regulatory effect renumbering and amending former section 9836 to section 9852 filed 4-15-91 pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 20). For prior history, see Register 82, No. 47.
2. Repealer of subsections (a)-(d) and adoption of subsections (a)-(i) and amendment of newly designated (j) and NOTE filed 11-18-91 as an emergency; operative 1-1-92 (Register 92, No. 8). A Certificate of Compliance must be transmitted to OAL 4-29-92 or emergency language will be repealed by operation of law on the following day.
3. Repealer of subsections (a)-(d) and adoption of subsections (a)-(i) and amendment of newly designated (j) and NOTE refiled 4-27-92 as an emergency; operative 4-28-92 (Register 92, No. 19). A Certificate of Compliance must be transmitted to OAL 8-26-92 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-27-92 order including amendment of subsections (b) and (h) transmitted to OAL 7-16-92 and filed 8-25-92 (Register 92, No. 35).
5. Amendment of subsections (a), (c)(4), (g) and (i), repealer of subsection (j) and amendment of NOTE filed 9-22-95; operative 10-22-95 (Register 95, No. 38).
6. Amendment of subsections (a) and (d), repealer of subsections (h)-(i) and new subsections (h)-(j) filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).
7. Amendment filed 7-31-2002; operative 8-30-2002 (Register 2002, No. 31).
8. Amendment of section and NOTE filed 3-22-2012; operative 4-21-2012 (Register 2012, No. 12).

Note: Authority cited: Sections 11755 and 11836.15, Health and Safety Code. Reference: Sections 11836.15 and 11837.4, Health and Safety Code.

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