Florida Administrative Code
15 - DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
15A - Division of Driver Licenses
Chapter 15A-10 - DUI PROGRAMS
Section 15A-10.039 - SSS Referrals to Treatment

Universal Citation: FL Admin Code R 15A-10.039

Current through Reg. 50, No. 187; September 24, 2024

(1) The DUI Special Supervision Services shall consider the treatment referral criteria established for the Level I and Level II clients in assessing SSS clients. Referral to treatment shall also be indicated if one or more of the following three criteria are met:

(a) Applicant reports abstinence but cannot provide corroboration of stated abstinence.

(b) Prior treatment requirements from the DUI program or the court were never completed.

(c) The applicant or client indicates significant life problems that may jeopardize abstinence.

(2) The DUI program shall not refer any person applying for a restricted permit under the Special Supervision Services to its own treatment provider, unless a waiver is granted by the Department through use of the Application for Treatment Waiver, HSMV Form 77050.

(3) Twelve step programs and self-help groups shall not be utilized by the DUI program in lieu of a referral to treatment but may be utilized as a continuing support system. The treatment provider may also refer the applicant or client to twelve step programs and self-help groups.

(4) The DUI program must secure documentation from the treatment provider. That documentation must meet the following conditions:

(a) It must be from a DCF licensed treatment provider pursuant to Chapter 397, F.S., or exempt from licensure. A copy of the current license must be on file with the DUI program. If the DCF license has expired and the current license is unavailable, a letter must be secured from the district DCF office stating the provider is in good standing and holds current licensure. Documentation of licensure exemption must be on file with the DUI program.

(b) It must be on appropriate letterhead stationery.

(c) It must be an original document addressed to the DUI Special Supervision Services.

(d) It must address alcohol or other drug issues as the major focus of treatment.

(e) It must be submitted monthly to the DUI program if the client is still actively in treatment.

(f) If treatment documentation indicates that the person has been seen only by a treatment provider for the purpose of prescribing or reviewing medication and not receiving alcohol or other drug treatment, then referral to a licensed provider may be made to determine the need for treatment.

(5) In the event further resolution of clinical issues is seen as necessary by the DUI program, the applicant or client is to be referred to an appropriate facility for resolution of the identified clinical issues.

(6) Any treatment provider involved with an applicant or client shall inform the DUI program upon learning that the applicant or client has not remained abstinent or has been driving for reasons other than stated on the license.

(7) The criteria in subsection (1) above shall be followed except in those cases where prudent clinical judgment would suggest an alternative disposition. In such cases, documentation should clearly reflect the relevant clinical issues leading to the alternative disposition.

(8) When treatment is required by the DUI program, the applicant must receive an explanation of the required treatment, and documentation of the treatment requirements shall be entered in the file. The DUI program shall utilize the SSS Treatment Referral Form, HSMV Form 77026, and the Request to Release or Obtain Information, HSMV Form 77011.

Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS.

New 1-4-95, Amended 3-4-97.

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