Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment replaces the term group
education with group rehabilitative support and adds an electronic submission
process for the SATOP Comparable Program Completion form and payment methods
for the SATOP supplemental fees.
(1) Assessment Process and Program
Assignment. Offender Management Units (OMU) are the designated entry point for
individuals referred to a Substance Awareness Traffic Offender Programs
(SATOP).
(A) All OMUs must be certified by the
department to provide the Offender Education Program. Substance use disorder
treatment programs that are contracted by a DWI court to serve serious and
repeat offenders are excluded from this requirement.
(B) All individuals are screened at the OMU
by a SATOP Qualified Professional (SQP). The SQP assigns the individual to an
education or treatment program based on screening results, department referral
criteria, and his/her professional judgment.
(C) The OMU issues a SATOP Offender
Assignment form to each individual at the completion of the
screening.
(D) Individuals are not
required to fulfill their SATOP requirement with the OMU that conducted his/her
screening. Individuals may request to attend a program based on circumstances
such as distance, work schedule, or other factors. The originating OMU shall
provide each individual with the contact information for certified SATOPs in
his/her chosen location in order to select a service provider.
(E) The OMU provides a referring court or
probation and parole office with a copy of the SATOP Offender Assignment form,
upon request, and with proper release of information from the
individual.
(2)
Assessment Process. A SQP shall conduct a screening for each individual who
presents to the OMU to determine his/her service needs. Screening
recommendations are impartial and based solely on the needs of the individual
and the welfare of society.
(A) The screening
process includes, but is not limited to:
1.
Collection of basic demographic information;
2. Completion of the 2013 edition of the
Driver Risk Inventory-2 (DRI-2) published by and available from Behavior Data
Systems, PO Box 44256, Phoenix, AZ 85064-4256. The document incorporated by
reference does not include any later amendments or additions;
3. A face-to-face interview with the SQP,
including information related to any previous substance use
treatment;
4. A written summary of
findings and program assignment;
5.
Driving record report from the Department of Revenue or other reliable
source;
6. Blood alcohol content
(BAC) at time of arrest and/or toxicology results, if available; and
7. Completion of the SATOP Assignment Form
and, when required, a narrative report to the court with release of information
from the individual.
(B)
Coordination with the courts, probation and parole, Department of Revenue, or
other entities shall be provided, as necessary, to verify service
recommendations are understood by all parties.
(C) Individuals who have a serious emotional
disorder or serious mental illness which may interfere with his/her
participation in SATOP shall be referred to a qualified mental health
professional for an evaluation. Participation in SATOP may be delayed until the
individual's mental health needs are evaluated and necessary services are
obtained.
1. The OMU shall maintain an
affiliation agreement or memorandum of understanding with a certified community
mental health center or a licensed mental health professional in order to
promptly coordinate mental health services.
(D) Individuals shall receive written
notification from the OMU that the screening is valid for six (6) months from
the date of completion and payment for a second screening will be required if
the six- (6-) month time period lapses prior to engagement in the assigned
level of service, unless-
1. A motion for
judicial review has been filed, or;
2. A second opinion from an alternate OMU is
obtained prior to the end of the six- (6-) month period.
(E) Individual records may be closed after
the six- (6-) month period expires unless a motion for judicial review or
second opinion applies.
(3) Program Referral Guidelines. The SQP
shall base program assignment on his/her professional judgment, screening
results, and referral guidelines established by the department, as follows:
(A) 1st Offense-Offender Education Program
(OEP) or Adolescent Diversion Education Program (ADEP) unless a more intense
program is indicated by factors such as blood alcohol content at time of
arrest, other alcohol- or drug-related arrests, results of the DRI-2, prior
treatment for a substance use disorder, or occupational, relationship, medical,
or other issues;
(B) 2nd
offense-Weekend Intervention Program (WIP) unless a more intense program is
indicated by factors such as blood alcohol content at the time of arrest, other
alcohol- or drug-related arrests, results of the DRI-2, prior treatment for a
substance use disorder, or occupational, relationship, medical, or other
issues;
(C) 3rd offense-Clinical
Intervention Program (CIP) unless a more intense program is indicated by
factors such as blood alcohol content at the time of arrest, other alcohol- or
drug-related arrests, results of the DRI-2, prior treatment for a substance use
disorder, or occupational, relationship, medical, or other issues;
(D) Prior and Persistent Offender-Serious and
Repeat Offender Program (SROP). Individuals who have a BAC of 0.15 or greater
at time of arrest, two (2) or more arrests for driving under the influence of
alcohol or drugs with administrative action by the Department of Revenue, and
meet diagnostic criteria for a substance use disorder, thereby meeting the
statutory definition as a prior or persistent offender, shall be referred to
intensive treatment.
1. As used in these
SATOP rules, the terms prior and persistent offender mean-
A. Prior offender, a person who has pleaded
guilty to or has been found guilty of one (1) intoxication-related traffic
offense, where such prior offense occurred within five (5) years of the
occurrence of the intoxication-related traffic offense for which the person is
charged;
B. Persistent offender, a
person who has pleaded guilty to or has been found guilty of two (2) or more
intoxication-related traffic offenses; a person who has pleaded guilty to or
has been found guilty of involuntary manslaughter pursuant to section
565.024.1(2) or
(3), RSMo; assault in the second degree
pursuant to section 565.060.1(4),
RSMo; assault of a law enforcement officer in the second degree pursuant to
section 565.082.1(4),
RSMo;
(E)
Exceptions to these referral guidelines require prior approval from the
department.
(4) OEP and
ADEP Requirements. The OEP and ADEP are designated for individuals with a
first-time alcohol- or drug-impaired driving offense. Educational sessions and
discussions focus on helping individuals assess his/her personal responsibility
related to alcohol- and drug-impaired driving.
(A) OEPs and ADEPs must maintain a contract
with the department and conduct the respective program in accordance with the
2017 edition of the OEP Missouri Curriculum Guide or the 2014 edition of the
ADEP Missouri Curriculum Guide produced by The Change Companies, 5221 Sigstrom
Dr., Carson City, NV 89706. Prior approval from the department is required to
alter the content and methods in the curriculum guides incorporated herein by
reference. The referenced guides do not include any later amendments or
additions.
(B) At least ten (10)
hours of education and discussion must be provided to individuals over a period
of at least two (2) calendar days. Sessions shall not exceed six (6) hours per
day (excluding breaks) and should begin and end at times that are accessible
for participants. No more than twenty percent (20%) of the educational
component may consist of electronic media/audiovisual aids.
(C) Program size must ensure the opportunity
for participation from individuals in attendance. Group sessions are limited to
thirty (30) individuals. Parents, guardians, or other natural supports who
attend a session or part of a session are not included in the limit of thirty
(30) individuals.
(D) Prior to
successful program completion, each individual must develop a personal plan of
action to assist them in preventing alcohol- and drug-impaired driving behavior
in the future.
(5) WIP
Requirements. The WIP is designated for individuals with a second alcohol- or
drug-impaired driving offense and those identified through the SATOP screening
as being a high risk, first-time driving while intoxicated or driving under the
influence (DWI/DUI) offender.
(A) WIPs must
maintain a contract with the department and conduct the program in accordance
with the 2017 edition of the WIP Missouri Curriculum Guide produced by The
Change Companies, 5221 Sigstrom Dr., Carson City, NV 89706. Prior approval from
the department is required to alter the content and methods in the curriculum
guide incorporated herein by reference. The referenced guide does not include
any later amendments or additions.
(B) The WIP is an intensive education program
conducted during a forty-eight (48) hour weekend in a supervised and structured
location approved by the department. Sessions shall begin and end at times that
are accessible for participants.
(C) The program requires a minimum of twenty
(20) hours of combined individual counseling and group education and discussion
that assists individuals in assessing their personal responsibility related to
alcohol- and drug-impaired driving and taking proactive steps to prevent future
occurrences of impaired driving.
1. Individual
counseling shall be provided by a SQP.
2. Small group discussions shall be
facilitated by at least one (1) SQP or QAP per twelve (12) participants. In the
event two (2) staff co-facilitate a small group, one (1) of the staff may be a
SATOP Qualified Instructor or an Associate Alcohol Drug Counselor if the group
size does not exceed twenty-four (24) individuals.
3. Group education sessions shall not exceed
thirty (30) individuals per staff member, including lectures and audiovisual
presentations. Group education shall be conducted by a SQP or SQI.
(D) Meals and snacks shall be
provided for individuals participating in the WIP at times comparable to normal
meal times in the community. Preparation and management of meals and snacks
must meet applicable state, county, and/or city health regulations.
(E) Instructional aids shall be incorporated
into education sessions to enhance understanding and promote discussion and
interaction among participants. Aids may include, but are not limited to, DVD's
or other electronic media, worksheets, and informational handouts and shall not
comprise more than twenty percent (20%) of group education sessions.
(F) Guest speakers may be utilized in
education sessions but shall not comprise more than twenty percent (20%) of the
educational component of the program.
(6) CIP Requirements. The CIP addresses the
needs of high-risk first and second-time DWI/DUI offenders, third-time
offenders, and individuals identified during the SATOP screening process as
meeting diagnostic criteria for a substance use disorder or being at risk for a
substance use disorder. Services focus on substance use disorders and the
resolution of problems related to substance use and the individual's drinking
and driving behavior.
(A) CIPs must maintain a
contract with the department and comply with
9 CSR
30-3.130.
(B) A SQP or QAP shall utilize a
department-approved instrument to administer a comprehensive assessment for
each individual admitted to the program.
1.
Assessment results shall be utilized to develop an individual treatment plan.
Treatment plan reviews and updates shall be conducted as specified in
9 CSR
10-7.030.
2. Family members and/or other natural
supports shall be involved in the development of the individual treatment plan,
as appropriate and allowable. The reason(s) for non-participation of family
members/natural supports shall be documented in the individual
record.
(C) Each
individual admitted to a CIP must complete fifty (50) hours of therapeutic,
structured activities through a combination of individual and group counseling
and group rehabilitative support in accordance with contract requirements.
Services and activities must be accessible to individuals who are employed, in
school, have family/childcare responsibilities, or other obligations.
(D) The CIP is intended to be
completed over a six (6) to eight (8) week time period and should not be
completed in less than (3) weeks nor extend beyond six (6) months. The actual
time period for completion of the program is based on individual
needs.
(E) Individual and group
counseling sessions must be facilitated by a Qualified Addiction Professional
or SQP. Group counseling sessions are limited to twelve (12) individuals per
staff member. In order to accommodate individuals in accessing services, group
size may be greater than twelve (12) individuals with approval from the
department.
(F) Group rehabilitative
support sessions shall be facilitated by a SQP or SQI. Group rehabilitative
support sessions are limited to thirty (30) individuals per staff
member.
(G) A blood alcohol content
(BAC) or urine test shall be conducted for each individual a minimum of one (1)
time per week. Random BAC tests and/or urine tests may also be conducted. All
test results shall be documented in the individual record.
(7) SROP Requirements. The SROP addresses the
needs of high-risk, high-need adults who have a DWI/DUI offense and meet
criteria for a moderate to severe substance use disorder with the potential for
recidivism. Services focus on substance use disorders and the resolution of
problems related to substance use and the individual's drinking and driving
behavior.
(A) SROPs must maintain a contract
with the department and comply with
9 CSR
30-3.130.
(B) A SQP or Qualified Addiction Professional
shall utilize a department-approved instrument to administer a comprehensive
clinical assessment for each individual admitted to the program.
1. Assessment results shall be utilized to
develop an individual treatment plan. Treatment plan reviews and updates shall
be conducted as specified in
9 CSR
10-7.030.
2. Family members and/or other natural
supports shall be involved in the development of the individual treatment plan,
as appropriate and allowable. The reason(s) for non-participation of family
members/natural supports shall be documented in the individual
record.
(C) Each
individual admitted to a SROP must complete a minimum of seventy-five (75)
hours of therapeutic, structured activities through a combination of individual
and group counseling and group rehabilitative support in accordance with
contract requirements. Services shall be structured to address the specific and
unique needs of serious and repeat DWI/DUI offenders.
(D) Services shall include at least
thirty-five (35) hours of individual and group counseling provided by a
Qualified Addiction Professional or SQP. Group counseling sessions are limited
to twelve (12) individuals per staff member. In order to accommodate
individuals in accessing services, group size may be greater than twelve (12)
individuals with approval from the department.
(E) Services shall be based on individual
needs and should be completed in no less than ninety (90)
days.
(8) Treatment
Services for Youth. Individuals under the age of eighteen (18) whose screening
results indicate the need for intensive treatment shall be referred to and
successfully complete a substance use disorder treatment program for
adolescents. The program must be certified by the department or nationally
accredited to provide services for adolescents.
(9) Comparable Program for Missouri
Residents. Missouri residents who have pled guilty or have been found guilty of
an alcohol- or drug-related traffic offense may complete a comparable program
in lieu of a SATOP to be eligible for license reinstatement.
(A) A comparable program is one that is
state-certified and/or nationally accredited as a substance use disorder
treatment program by The Joint Commission, Commission on Accreditation of
Rehabilitation Facilities, Council on Accreditation, or other accrediting body
recognized by the department.
(B)
Individuals must receive a drug and alcohol screening, comprehensive
assessment, and successfully complete the recommended treatment services from
the comparable program.
1. Missouri residents
must complete a minimum of one-hundred and twenty (120) hours of treatment in
no less than twenty-one (21) days. Treatment hours must include a minimum of
forty (40) hours of individual and group counseling. The remaining hours must
include a combination of driver-related education, individual counseling, group
counseling, group rehabilitative support, and family therapy.
(C) The provider of services shall
verify the individual's successful program completion on the SATOP Comparable
Program Completion form.
1. The individual
shall present the SATOP Comparable Program Completion form to an OMU where a
SATOP Completion Certificate will be issued to him/her. A SATOP screening is
not required; however, the supplemental fee shall be collected from the
individual. The OMU may charge an additional processing fee.
2. The OMU shall conduct a review of the
individual's current driving record to ensure there are no alcohol- or
drug-related traffic offenses during or after the treatment episode.
(10) Comparable Program
for Out-of-State Residents. Individuals who have had an alcohol- or
drug-related traffic offense in Missouri but live in or have moved to another
state must complete a SATOP or a comparable program to be eligible for license
reinstatement.
(A) To complete a comparable
program, the individual must have a drug and alcohol screening and complete the
recommendation of the screening. The provider of the screening and provider of
services must be certified/licensed by the state of residence and/or be
accredited by The Joint Commission, Commission on Accreditation of
Rehabilitation Facilities, Council on Accreditation, or other accrediting body
recognized by the department.
1. A minimum of
ten (10) hours of drug and alcohol education is required unless the screening
results indicate the need for more intensive services.
2. The department shall make the final
determination regarding the acceptability of the out-of-state
program.
(B) A completed
SATOP Comparable Program Completion form must be submitted to the department by
one (1) of the following methods:
1. Email to
mailto:satop@dmh.mo.gov;
2. Mail to
Department of Mental Health, Controller's Office, SATOP, PO Box 596, Jefferson
City, MO 65102-0596; or
3. Submit
electronically to the department by accessing the form at
https://dmh.mo.gov/media/pdf/satop-comparable-program-completion-form.
(C) Payment of the SATOP
supplemental fee for a SATOP comparable program must be submitted to the
department by one (1) of the following methods:
2. Mail the supplemental fee of
two hundred forty-nine dollars ($249) in the form of a signed money order made
payable to the Mental Health Earnings Fund, Department of Mental Health,
Controller's Office, SATOP, PO Box 596, Jefferson City, MO 65102-0596.
A. The supplement fee should not be paid
until after the SATOP Comparable Program Completion form has been submitted in
accordance with the instructions in subsection (10)(B) of this rule.
B. Payment must include the individual's
name, date of birth, last four (4) digits of their Social Security number, and
driver's license number, if known.
(D) Questions regarding the SATOP Comparable
Program Completion form or payment of the supplemental fee should be directed
to the SATOP help desk at (573) 5224020. Information is also available on the
SATOP website at
https://dmh.mo.gov/behavioral-health/satop.
(E) Following review of the comparable
program, department staff will provide notification of the individual's program
completion to the Missouri Department of Revenue.
(11) Department of Corrections Treatment
Programs. Substance use disorder treatment programs completed by individuals
who are incarcerated in a Missouri Department of Corrections facility may be
recognized as a SATOP comparable program. Individuals must contact the
Department of Corrections to obtain information on approved programs.
(12) SATOP Costs and Fees. The costs for the
screening, education, and treatment programs are established by the department
and reviewed periodically. Costs shall not be greater than relative costs
indicate. Programs shall not establish costs or fees that are not specified in
this rule unless prior authorization from the department is granted. All fees
are to be paid by the individual being served.
(A) The screening fee includes monitoring the
individual's progress in the assigned education or treatment program and case
coordination with the department, courts, probation and parole, Department of
Revenue, and other entities as necessary.
(B) The cost for treatment in a
department-certified and contracted substance use disorder treatment program is
based on actual services provided.
(C) All individuals referred to a SATOP,
including those participating in a comparable program as outlined in this rule,
are required to pay a supplemental fee as specified in
9 CSR
30-3.208. The supplemental fee is in addition to the
cost of the screening, education, and treatment services.
(D) Costs for individuals participating in a
WIP, CIP, SROP, or a department-certified and contracted substance use disorder
treatment program may be partially offset in accordance with
9 CSR
10-31.011.
(13) Successful Program Completion.
Successful completion of a SATOP requires that the individual-
(A) Is free from alcohol or illegal drug use
when participating in services and, as applicable, uses prescription medication
as prescribed during program participation;
(B) Attends all sessions on time;
(C) Attends sessions in their proper sequence
unless the instructor approves an alternate sequence;
(D) Completes all assignments and
cooperatively participates in all class activities;
(E) Pays all fees prior to program
completion; and
(F) Completes and
signs all required forms.
(14) Completion Certificate. A SATOP
Completion Certificate is issued to each individual within seven (7) calendar
days of his/her successful completion of an education or treatment program.
(A) The OMU that completed the screening and
issued the program recommendation is responsible for issuing the SATOP
Completion Certificate to the individual. The Department of Revenue receives
automatic notification of each individual's successful program completion via
the department's automated processing system.
(B) If an individual fulfills their SATOP
requirement with a provider other than the OMU that completed the screening and
issued the program recommendation, the provider of services notifies the
originating OMU of the individual's successful program completion. Notification
must be provided to the originating OMU in a timely manner to ensure the SATOP
Completion Certificate is issued to the individual within seven (7) calendar
days of successful program completion.
(C) If an individual completes a comparable
program, an OMU must create the SATOP Completion Certificate and indicate that
a comparable program was completed. Automated notification of the individual's
successful program completion is provided to the department through the
department's automated processing system.
(15) Compliance. Failure to adhere to the
stipulations, conditions, and requirements set forth in this rule shall be
considered cause for revocation or denial of program certification.
*Original authority: 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; RSMo 1980, amended 1993,
1995; 630.053, RSMo 1993, amended 1995, 1996; 630.655, RSMo 1980; and 631.010,
RSMo 1980.
