Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment changes the name of the
program to Substance Awareness Traffic Offender Programs and updates
terminology.
PURPOSE: This rule establishes administrative
procedures and practices in the operation of Substance Awareness Traffic
Offender Programs.
(1)
Access. The program shall be accessible to the public by maintaining reasonable
business hours and ready telephone access.
(2) Admission. Substance Awareness Traffic
Offender Programs (SATOPs) shall accept individuals referred by a court order,
condition of probation or parole, or plea bargain who have had their driver's
license administratively revoked or suspended for reasons of an alcohol- or
drug-related traffic offense. Individuals will be screened by a qualified staff
person to determine program placement. Women who are pregnant must be referred
to a department-certified women's treatment program for a clinical assessment
to determine service needs.
(3)
Conflict of Interest. An agency which operates probation services, court
supervision programs, or counseling programs not certified by the department
must keep these functions separate and distinct from SATOP.
(A) The agency must clearly communicate to
individuals that completion or the failure to complete these programs will not
affect the outcome of their participation in SATOP.
(4) Notice to Individuals Served. Written
notice shall be provided to individuals regarding the cost of the program,
dates, times, location, and requirements for successful program
completion.
(5) Attendance
Records. Attendance records shall be maintained for each session.
(6) Receipts. Receipts shall be issued for
all fees collected from individuals enrolled in a SATOP.
(7) Program Participation. All SATOPs shall
have written policies and procedures which are followed by staff to manage
situations in which an individual arrives at a program under the influence of
alcohol and/or illegal drugs, is not taking prescription medication(s) as
directed, or is detracting from a program due to uncooperative behavior.
(A) A written report of the situation shall
be prepared by the staff person(s) involved. The report shall be reviewed by
the program administrator who is responsible for determining the individual's
continued participation in the program.
(B) A person who has justifiably been denied
access or is removed from a program is not considered to have satisfactorily
completed the program.
(C)
Readmission to a program for an individual who has justifiably been denied
access or removed shall be in accordance with the program's policies and
procedures. Proactive measures should be taken to assist individuals in
reengaging in services and successfully completing a program.
(D) Individuals who continue to actively use
alcohol and/or illegal drugs, or do not take prescribed medication as directed
while enrolled in a program, may be referred to more intensive services such as
withdrawal management and substance use disorder treatment with residential
support. In these instances, the individual may fulfill SATOP requirements by
completing a comparable program.
(8) Screening and Referral Process. Offender
Management Unit (OMUs) must have written policies and procedures for conducting
individualized screenings and issuing program recommendations based on
screening results.
(A) The screening
recommendation is provided in writing to each individual at the completion of
the screening.
(B) Each individual
is informed of their right to a second opinion from an alternative OMU and
right to judicial review if he/she objects to the recommendation of the
originating OMU. The notice must be in written format and signed by the
individual.
1. The following criteria applies
to second opinions:
A. The right to a second
opinion is forfeited if the individual has enrolled in the originating OMU's
recommended program;
B. The
alternative OMU must conduct a thorough review of the individual's original
screening recommendation and obtain a copy of the SATOP Offender Assignment
form from the originating OMU (release of information is not
required);
C. The alternative OMU
must obtain a current driving record from the Department of Revenue or other
reliable source;
D. The individual
must pay the screening fee for the second opinion but is not required to pay
the supplemental fee; and
E. The
OMU issuing the second opinion is the official OMU of record. The OMU is
responsible for issuing the screening recommendation to the individual,
monitoring the individual's compliance with the recommendation, and notifying
the originating OMU to close the individual's record in their
program.
(C) An
individual who objects to an OMU's screening recommendation may file a petition
for review and determination in the circuit court of the county in which the
recommendation was made pursuant to sections
302.304
and
302.540,
RSMo. The motion must be filed using the printed form provided by the Office of
State Courts Administrator, 2112 Industrial Drive, PO Box 104480, Jefferson
City, MO 65110.
(9)
Resources and Referrals. All SATOPs shall maintain a resource directory of area
self-help groups and substance use disorder treatment-programs that is readily
accessible to individuals being served.
(A)
Each individual who receives a recommendation for substance use disorder
treatment shall be given a directory of certified treatment programs for the
area in which he/she chooses to obtain services. A statement shall be signed by
the individual acknowledging receipt of the directory as well as notice that
he/she is not required to obtain recommended services from the same agency that
conducted the screening.
(10) Program Evaluation. All persons participating in
a SATOP shall be asked to complete a course evaluation. The evaluation process
must assure anonymity.
(A) Participants may be
encouraged, but not required, to sign the evaluation form.
(B) Evaluations shall be retained by the
program for one (1) calendar year.
(11) Data Collection. The program shall cooperate with
all SATOP quality assurance and data collection requirements regarding the
program operation, individual demographics, or other data collection that may
be required by the department.
(12)
Organized Record System and Individual Records. All SATOPs must maintain an
organized record system which ensures easily retrievable, complete, and usable
records. Records must be stored in a secure and confidential manner in
accordance with state and federal requirements.
(A) Records required by the department shall
be maintained in paper form or electronic medium at the location services are
provided or at the provider's address of record with the department.
(B) Copies of records must be provided upon
request by the department or its authorized representative(s), regardless of
the medium in which they are maintained.
(C) Individual records must be retained for
at least six (6) years or until all litigation, adverse audit findings, or
both, are resolved regardless of the medium in which they are
maintained.
(D) Individual records
for OMUs shall include, but are not limited to:
1. Demographic information;
2. Proper signed release of information
forms, as applicable;
3. Signed
acknowledgement by the individual indicating receipt of-
A. Individual rights, responsibilities, and
grievance procedures;
B. Screening
recommendation;
C. Notice of option
for a second opinion and judicial review;
D. List of referral sources; and
E. Notice that services may be obtained from
another provider;
4.
Driving record check by the Department of Revenue (if another source is used,
provider is responsible for ensuring its reliability);
5. Documentation of an individualized
screening including date administered, name and signature of the SATOP
Qualified Professional, summary of results including substance use history, and
education or treatment recommendation;
6. SATOP Offender Assignment form;
and
7. SATOP Completion Certificate
(if program was completed).
(E) Individual records for persons enrolled
in an education program shall include, but are not limited to:
1. Dates of attendance;
2. Demographic information;
3. Scored pretest(s) and posttest(s)
measuring knowledge gain and attitude change;
4. Proper signed release of information
forms, as applicable;
5. Signed
acknowledgement by the individual indicating receipt of individual rights,
responsibilities and grievance procedures, list of referral sources, and notice
that services may be obtained from another provider;
6. Results of blood alcohol content (BAC)
tests, as applicable;
7. SATOP
Offender Assignment form; and
8.
SATOP Completion Certificate (if program was completed).
(F) Individual records for persons enrolled
in the Clinical Intervention Program and Serious and Repeat Offender Program
shall include, but are not limited to:
1.
Consent to treatment;
2. Proper
signed release of information forms, as applicable;
3. Individual treatment plan;
4. Treatment plan reviews and
updates;
5. Continuing recovery
plan based upon the principles of recovery and resilience as identified in
9 CSR
10-7.010(7) including at a minimum:
A. Date of next appointment for follow-up
services or other supports;
B.
Action steps to access personal support system(s) or other resources to assist
in continuing his/her recovery, well-being, and community integration or if
symptoms recur and additional services/supports are needed;
C. Instructions for safe use of medication(s)
as prescribed; and
D. Referral
information such as contact name, telephone number, locations, hours, and days
of services, when applicable;
6. Discharge plan that includes, but is not
limited to:
A. Admission date;
B. Reason for admission;
C. Referral source;
D. Reason for or type of discharge;
E. Date of discharge;
F. Description of services provided and the
extent to which established goals and objectives were achieved;
G. Recommendations for continued services and
supports;
H. Medical status and
information on medication(s) prescribed or administered, when applicable;
and
I. Signature of staff
completing the plan.
(13) Additional Record Requirements for the Adolescent
Diversion Education Program (ADEP). For individuals participating in the ADEP
who are under the age of eighteen (18) and are not emancipated, there shall be
documentation showing-
(A) Efforts to involve
the parent or guardian in the program;
(B) Results of the efforts, that is, whether
the parent or guardian participated and the extent of participation;
and
(C) Where applicable, the
parent or guardian's view of substance use patterns and possible effects on
family, social, legal, emotional, physical, financial, educational, and
vocational functioning.
(14) Compliance. Failure to adhere to the
stipulations, conditions, and the requirements set forth in this rule shall be
considered cause for revocation or denial of program
certification.
*Original authority: 302.304, RSMo 1961, amended 1972,
1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003; 302.540, RSMo
1983, amended 1984, 1993, 1996, 2001, 2002, 2003; 577.001, RSMo 1982, amended
1986, 1996; 577.049, RSMo 1982, amended 1993, 1996, 2003; 577.520, RSMo 1987,
amended 1991, 1993, 1996, 2003; 577.525, RSMo 1987, amended 1991, 1996;
630.050, RSMo 1980, amended 1993, 1995; 630.053, RSMo 1993, amended 1995, 1996;
630.655, RSMo 1980; and 631.010, RSMo
1980.
