Ohio Administrative Code
Title 5122 - Department of Mental Health and Addiction Services
Chapter 5122-29 - Requirements and Procedures for Mental Health Services Provided by Agencies
Section 5122-29-12 - Driver intervention program
Universal Citation: OH Admin Code 5122-29-12
Current through all regulations passed and filed through September 16, 2024
(A) A driver intervention program is a program of screening, education, and referral for individuals who are arrested or convicted of operation of a vehicle or water craft under the influence of alcohol or a drug of abuse under section 4511.19 or 1547.11 of the Revised Code or a substantially similar municipal ordinance or other alcohol-related traffic statute or ordinance.
(B) No entity may operate, or purport to operate, a driver intervention program in Ohio unless it has received driver intervention program certification from the Ohio department of alcohol and drug addiction services.
(C) Except as otherwise provided in this rule, the provisions of this rule are applicable to all driver intervention programs in Ohio, public or private.
The provisions do not negate the necessity of driver intervention programs to be certified programs in accordance with the provisions of Chapter 5122-25 of the Administrative Code.
(D) Each driver intervention program shall have either representatives from law enforcement officers, judges, prosecuting and defense attorneys, and treatment center representatives on its governing authority or establish an advisory board with such representatives.
If an advisory board is established, it shall:
(1)
Meet annually; and,
(2)
Minutes shall be
maintained for advisory board meetings.
(E) Program administration:
(1)
Each driver intervention program shall have a program
director that is responsible for the overall day-to-day operation of the driver
intervention program. The driver intervention program director shall be
responsible to the governing authority of the organization. If the driver
intervention program is a component of a larger organization, the driver
intervention program director may report to the executive director/chief
executive officer of the organization, who would report to the governing
authority. A program director hired on or after April 20, 2004 shall meet the
following qualifications:
(a)
The program director shall have a bachelor's degree and
two years' experience in alcohol and other drug addiction services or an allied
profession to include one year as a supervisor;
(b)
Three years'
experience in alcohol and other drug addiction services or an allied profession
to include a minimum of one year as a supervisor; or,
(c)
Three years'
experience in business administration to include a minimum of one year as a
supervisor.
(2)
The position description of the driver intervention
program director shall include, at a minimum, the following
responsibilities:
(a)
Overseeing the day-to-day operations of the driver
intervention program.
(b)
Developing and implementing the policies and procedures
of the driver intervention program.
(c)
Developing and
revising as necessary, the driver intervention program's education
curriculum.
(d)
Preparing an annual plan for the operation of the
driver intervention program.
(e)
Implementing the
driver intervention program's quality assurance and improvement activities and
findings.
(f)
Hiring and terminating driver intervention program
staff.
(g)
Ensuring that the driver intervention program is
operating in accordance with the Ohio department of alcohol and drug addiction
services' driver intervention program certification standards.
(F) Services supervisor:
(1)
Each driver
intervention program shall have a services supervisor. The driver intervention
program director can also be the services supervisor of the driver intervention
program if he/she meets the qualifications of a services supervisor as stated
in this rule.
(2)
An individual hired as the services supervisor of a
driver intervention program on or after April 20, 2004 shall have one or more
of the following current licenses and/or certifications issued by a
professional regulatory board in Ohio:
(a)
Licensed
physician who is licensed by the state of Ohio medical board.
(b)
Licensed
psychologist who is licensed by the state of Ohio psychology
board.
(c)
Professional clinical counselor who is licensed by the
state of Ohio counselor, social worker, and marriage and family therapist
board.
(d)
Licensed independent social worker who is licensed by
the state of Ohio counselor, social worker, and marriage and family therapist
board.
(e)
Licensed chemical dependency counselor III who is
licensed by the state of Ohio chemical dependency professionals
board.
(f)
Licensed independent chemical dependency counselor
licensed by the state of Ohio chemical dependency professionals
board.
(g)
A nurse registered with the Ohio board of
nursing.
(h)
Licensed social worker who is licensed by the state of
Ohio counselor, social worker, and marriage and family therapist
board.
(i)
Professional counselor who is licensed by the state of
Ohio counselor, social worker, and marriage and family therapist
board.
(j)
Certified prevention specialist I who is certified by
the Ohio chemical dependency professionals board.
(k)
Certified
prevention specialist II who is certified by the Ohio chemical dependency
professionals board.
(l)
Licensed marriage and family therapist who is licensed
by the state of Ohio counselor, social worker, and marriage and family
therapist board.
(m)
Licensed independent marriage and family therapist who
is licensed by the state of Ohio counselor, social worker, and marriage and
family therapist board.
(3)
The services
supervisor's personnel file shall contain copies or verification of, current
licenses, certifications, and registrations issued to the individual from
professional regulatory boards in Ohio.
(G) Each driver intervention program shall maintain the following:
(1)
Outline of the
current education curriculum of the driver intervention
program.
(2)
Copy of the revenue and expenditure budget for the
driver intervention program.
(H) Each driver intervention program shall meet, at a minimum, the following handicapped accessibility requirements:
(1)
Entrances, hallways and spaces where services are
provided and office space for employees shall be handicapped
accessible.
(2)
Facility shall have at least one handicapped accessible
bathroom.
(3)
Facility shall have designated handicapped parking
space(s) based on the Americans with disabilities act accessibility
guidelines.
(4)
Facility shall have at least one drinking fountain that
is handicapped accessible.
(5)
Facility shall
have at least one telephone that is handicapped accessible.
(6)
Each residential
driver intervention programs shall have at least one handicapped accessible
shower facility.
(I) Emergency medical plan and first aid supplies:
(1)
Each driver intervention program shall have a written
emergency medical plan that includes, at a minimum, the following:
(a)
Current emergency
telephone numbers for fire, emergency squad, police and poison
control.
(b)
Location of first aid supplies at the program site
during operation of the driver intervention program.
(c)
General
instructions for medical emergencies including supervision of clients during
the emergency.
(d)
General instructions in case of illness of a
client.
(e)
Procedure for documenting unusual incidents and
notifying families.
(2)
A copy of the
emergency medical plan shall be conspicuously posted at the program site during
the operation of each driver intervention program.
(J) Client records:
(1)
Each driver intervention program shall have written policies and/or procedures
for maintaining a uniform client records system that include, at a minimum, the
following:
(a)
Statement that program staff, contract employees, volunteers and student
interns shall not convey to a person outside of the program that an individual
attends or receives services from the driver intervention program, or disclose
any information identifying a client as an alcohol or other drug services
client unless the client consents in writing for the release of information;
the disclosure is allowed by a court order; the disclosure is to entities with
which the provider has entered into a qualified service organization agreement
(QSOA) pursuant to 42 CFR part 2;or the disclosure is made to qualified
personnel for a medical emergency, research, audit or program evaluation
purposes. The driver intervention program has the authority to deny services if
a client refuses consent to the release of information.
(b)
Statement that
the federal laws and regulations do not protect any threat to commit, any
information about a crime committed by a client, either at the program or
against any person who works for the driver intervention
program.
(c)
Statement that the federal laws and regulations do not
protect any information about suspected child abuse or neglect from being
reported under state law to appropriate state or local
authorities.
(d)
Each disclosure made with the client's written consent
must be consistent with 42 C.F.R., part 2, by including the following written
statement: "This information has been disclosed to you from records protected
by federal confidentiality rules. The federal rules prohibit you from making
any further disclosure of this information unless further disclosure is
expressly permitted by the written consent of the person to whom it pertains or
as otherwise permitted by 42 C.F.R., part 2. A general authorization for the
release of medical or other information is not sufficient for this purpose. The
federal rules restrict any use of information to criminally investigate or
prosecute any alcohol or drug abuse client."
(e)
Policy on the
access of client records by clients, staff, and others.
(f)
Components of
client records and time lines, when applicable, for completing each
component.
(g)
Policy on the storage of client records that requires
records be maintained in accordance with 42 C.F.R., part 2, confidentiality of
alcohol and drug abuse client records.
(h)
Policy on the
destruction of client records to include the requirement that records be
maintained for at least six years after clients have been discharged from the
program. Client records shall be destroyed to maintain client confidentiality
as required by state and federal law.
(2)
A record shall be
maintained for each client of a driver intervention program. Each record shall
include, at a minimum, the following components:
(a)
Identification of
client (name of client and/or client identification number).
(b)
Client fee
agreement.
(c)
Consent for services.
(d)
Documentation
reflecting receipt of the schedule for the driver intervention program being
attended by the client.
(e)
Documentation reflecting receipt of the driver
intervention program rules and/or expectations of clients.
(f)
Documentation
reflecting receipt of the program's policy on client rights that lists the
client rights required by this rule.
(g)
Documentation
reflecting receipt of the program's client grievance procedure.
(h)
Documentation
reflecting receipt of a written summary of the federal laws and regulations
that indicate the confidentiality of client records are protected as required
by 42 CFR, part 2.
(i)
Intake report.
(j)
Identification of
at least two screening instruments that were administered to the client and
documentation of the results of both tests.
(k)
Results and
recommendations of the screening.
(l)
Recommendations
for alcohol and/or drug assessment.
(m)
Assessment, if
completed by the driver intervention program.
(n)
Any
recommendations made to a court or other organization.
(o)
Date of each
group session provided.
(p)
Length of each group session provided.
(q)
Topic/content of
each group session provided.
(r)
Client's
response/feedback during each group session.
(s)
Disclosure of
client information forms, when applicable.
(3)
Disclosure of
client information forms shall include the following information as required by
42 C.F.R., part 2:
(a)
Name of program making the disclosure.
(b)
Name or title of
the individual or the name of the organization to which the disclosure is to be
made.
(c)
Name of the client.
(d)
Purpose of the
disclosure.
(e)
Type and amount of information to be
disclosed.
(f)
Original signature of the client or person authorized
to give consent.
(g)
Date client or other authorized person signed the
form.
(h)
Statement that the consent is subject to revocation at
any time except to the extent the program or person who is to make the
disclosure has already acted in reliance on it.
(i)
The date, event,
or condition upon which the consent will expire, unless revoked before that
specified time.
(4)
Each client
record shall include a program completion report which shall include, at a
minimum, the following documentation. A copy of the report shall be sent to the
court or organization that referred the client to the driver intervention
program.
(a)
Results and recommendations of the screening.
(b)
Any
recommendations for alcohol and/or drug assessment.
(c)
Any
recommendations made to a court or other organization.
(d)
Number of hours
of driver intervention programming the client attended.
(e)
Any referrals
made to alcohol and drug addiction treatment programs and any referrals made to
other organizations.
(f)
Date, signature, and credentials of the program
director, services supervisor or program staff of the driver intervention
program who makes the recommendation.
(g)
Summary of
client's participation.
(h)
Disclosure of client information form that is prepared
in accordance with 42 CFR, part 2, confidentiality of alcohol and drug abuse
patient records, for information released to courts, organizations and/or
individuals and for management information reports to the Ohio department of
alcohol and drug addiction services.
(5)
A policy and
procedure, in accordance with 42 CFR, part 2, confidentiality of alcohol and
drug abuse patient records, for tracking clients for a reasonable time
following program completion.
(6)
If a program
maintains electronic client records, the program must be able to produce hard
copies of client records upon legally valid requests and have a written policy
and procedure indicating how client original signatures and staff original
signatures are obtained and verified for documentation.
(7)
If a program
discontinues operations or is taken over or acquired by another entity, it
shall comply with 42 C.F.R., part 2, subsection 2.19 which governs the
disposition of records by discontinued programs.
(K) Intake report:
(1)
An
intake report shall be completed for each client at the beginning of the first
day of the driver intervention program. Documentation shall include, at a
minimum, the following:
(a)
Client identification number and name.
(b)
Prescription and
over-the-counter drugs being taken by the client.
(c)
Type and amount
of any medications brought to the program.
(d)
Special dietary
requirements.
(e)
Known allergies, including but not limited to food and
drug reactions.
(f)
Pregnancy status of women.
(g)
Special needs of
clients.
(h)
Name, address, and telephone number of a person who is
to be contacted in the event of an emergency.
(2)
Baggage and
materials brought to the driver intervention program shall be inspected to
ascertain that they do not contain contraband, which includes, at a minimum,
illegal drugs, alcohol, or firearms. Documentation shall appear in the intake
report.
(3)
The intake report shall be dated and signed by the
staff member completing the intake report.
(L) Screening:
(1)
Screening means a
preliminary gathering and sorting of information used to determine whether a
comprehensive assessment is appropriate.
(2)
Each client of a
driver intervention program shall be administered at least two screening
instruments. The results shall be recorded in the client's
record.
(3)
Screening interviews shall include, at a minimum, the
following:
(a)
Client identification.
(b)
Presenting problem and/or precipitating factors leading
to the need for screening.
(c)
Past and present
use of alcohol and other drugs.
(d)
History of
treatment for alcohol and other drug abuse.
(e)
Medical
problems.
(f)
Legal history.
(g)
Recommendations
for referral, if applicable, for a comprehensive assessment to determine the
extent and severity of alcohol and other drug abuse problems and need for
treatment.
(h)
Date, signature, and credentials of program staff who
completed the screening.
(M) Referral for assessment:
(1)
Each driver intervention program shall have a written procedure for making
referrals for assessment which requires that a completed release of information
shall be obtained prior to contacting a program.
(2)
Each driver
intervention program shall have a written policy stating that the basis for
making a recommendation to a court or other organization for alcohol and drug
addiction comprehensive assessment shall include, at a minimum, the
following:
(a)
Results of the two screening instruments and screening
interview.
(b)
Observations of the client during screening, client
education on alcohol and drug abuse and addiction and group
sessions.
(3)
Each driver intervention program shall have a written
policy for submitting a copy of the report to the court or organization that
referred the client to the driver intervention program, as requested by the
referral source.
(N) A driver intervention program may conduct client assessments. Assessments shall be conducted in accordance with rules set forth by the Ohio department of mental health and addiction services.
(O) Dietary services:
Each driver intervention program that prepares and/or serves meals as part of its daily scheduled activities shall operate its dietary services in accordance with laws, regulations, or ordinances of the Ohio board of dietetics, Ohio department of health and/or local health department.
(P) Pharmaceutical services:
(1)
Driver intervention programs are prohibited from dispensing and/or
administering medications.
(2)
Clients who take
prescription medications and/or over-the-counter medications may
"self-medicate" at driver intervention programs. Each driver intervention
program that permits clients to self-medicate shall have written policies
and/or procedures for client self-medication that include, at a minimum, the
following:
(a)
Policy prohibiting clients from having prescription medication in their
possession at the program site or while involved in program activities off
site, unless required by a physician for medical necessity.
(b)
Procedures for
obtaining and accounting for controlled substances from clients at the time of
admission to or upon entering the program and return of same, as appropriate,
at the time of discharge/departure.
(c)
Procedures for
storing medications in a locked cabinet.
(d)
Procedures for
reporting theft or loss of over the-counter medications or prescription
medication.
(e)
Procedures for self-medication.
(3)
Clients shall not be denied driver intervention services due solely to their
use of prescribed psychotropic medication(s).
(Q) Non-residential driver intervention programs:
(1)
Each non-residential driver intervention program shall
consist of at least thirteen hours of alcohol and drug addiction programming
that includes, at a minimum, the following:
(a)
One hour of
screening and individual contact.
(b)
Eight hours of
client education on alcohol and drug abuse and addiction including traffic
safety education.
(c)
Four hours of small group discussion
sessions.
(2)
Each non-residential driver intervention program is
prohibited from delivering more than eight hours of alcohol and drug addiction
programming to clients each day.
(3)
Each client shall
be administered at least two screening instruments.
(4)
An individual
screening interview shall be done with each client to discuss the screening
findings, recommendations and referrals made to a referring court or other
organization.
(5)
A program completion report shall be prepared for each
client.
(6)
Small group discussion sessions:
(a)
Small group
discussion sessions shall not exceed a staff to client ratio of one to
fifteen.
(b)
The total number of clients in a group session shall
not exceed fifteen, regardless of the number of staff.
(7)
If a
non-residential driver intervention program is operated within a residential
driver intervention program, its programmatic content must be the same as that
of the residential driver intervention program, and shall include the mid-day
and evening meals.
(8)
If a non-residential driver intervention program
operates its program for five hours or more on any day, the program shall have
provisions for a mid-day meal of at least thirty minutes. This mid-day meal
shall be included in the program's schedule that is available to clients upon
request. Time for meals may not supplant any of the minimum thirteen-hour
alcohol and drug programming.
(9)
The program shall
have at least one staff member who is on-site and actively supervising and/or
monitoring clients at all times during the program.
(R) Forty-eight hour residential driver intervention programs:
(1)
Each forty-eight
hour residential driver intervention program shall consist of at least sixteen
hours of alcohol and drug addiction programming that includes, at a minimum,
the following:
(a)
One hour of screening and individual
contact.
(b)
Ten hours of client education on alcohol and drug abuse
and addiction including traffic safety education.
(c)
Five hours of
small group discussion sessions.
(2)
Each client shall
be administered at least two screening instruments.
(3)
An individual
screening interview session shall be done with each client to discuss the
screening findings, recommendations and referrals to a referring court or other
organization.
(4)
A program completion report shall be prepared for each
client.
(5)
Small group discussion:
(a)
Small group
discussion sessions shall not exceed a staff to client ratio of one to
fifteen.
(b)
The total number of clients in a small group discussion
session shall not exceed fifteen, regardless of the number of
staff.
(6)
The program shall have at least one staff member who is
on-site and actively supervising and/or monitoring clients at all times during
the program.
(S) Seventy-two hour residential driver intervention programs:
(1)
Each seventy-two hour residential driver intervention
program shall consist of at least twenty-one hours of alcohol and drug
addiction programming that includes, at a minimum, the following:
(a)
One hour of
screening and individual contact.
(b)
Fifteen hours of
client education on alcohol and drug abuse and addiction including traffic
safety education.
(c)
Five hours of small group discussion
sessions.
(2)
Each client shall be administered at least two
screening instruments.
(3)
An individual screening interview shall be conducted
with each client to discuss the screening findings, recommendations, referrals,
and recommendations made.
(4)
Small group discussion:
(a)
Small group
discussion sessions staff to client ratio shall not exceed one to
fifteen.
(b)
The total number of clients in a group session shall
not exceed fifteen, regardless of the number of staff.
(5)
A
program completion report shall be prepared for each client.
(6)
The program shall
provide morning, mid-day, and evening meals of at least thirty minutes
duration.
(7)
The program shall have at least one staff member who is
on-site and actively supervising and/or monitoring clients at all times during
the program.
(T) Each driver intervention program shall have a written educational curriculum that includes, at a minimum, the following:
(1)
Traffic safety
education as it relates to alcohol and drug use.
(2)
Client education
on alcohol and drug abuse and addiction.
(3)
Small group
discussion topics.
(U) Each program shall prepare an educational curriculum for its driver intervention program that shall be approved by the program's governing authority that includes, but is not limited to, the following:
(1)
Time table for conducting the program.
(2)
Instructional
outline for each topic/module.
(3)
Method of
instruction, including audio/visual aids.
(V) Each program shall have a program schedule that can be given to clients upon request.
(W) Traffic safety education:
(1)
Traffic safety
education shall include, at a minimum, the following information on the
criminal justice system and relevant law.
(a)
Blood alcohol
content (BAC), drugs and impairment.
(b)
Levels of license
suspension and revocation.
(c)
Fines and levels
of incarceration.
(2)
The driving task
and the specific psychomotor skills required.
(3)
The physiological
and psychological effects of alcohol and other drugs on driving
performance.
(4)
Traffic safety education sessions shall not exceed an
instructor to client ratio of one to forty eight.
(X) Client education on alcohol and drug abuse and addiction:
(1)
Client education
on alcohol and drug abuse and addiction shall include, at a minimum, the
following:
(a)
Physical and psychological aspects of the use of alcohol and other
drugs.
(b)
Combining the use of alcohol with other
drugs.
(c)
Social consequences of the use of alcohol and other
drugs.
(d)
Signs and symptoms of abuse and dependence of alcohol
and other drugs.
(e)
Dysfunctional behavior resulting from the use of
alcohol and other drugs.
(f)
Progressive nature of alcohol and drug abuse and
dependence.
(g)
Abstinence as a life-style and self-help programs such
as alcoholics anonymous and narcotics anonymous.
(h)
Treatment
alternatives and local resources.
(2)
Programming does
not include the following:
(a)
Individual and/or group counseling.
(b)
Self-help study
sessions.
(c)
Anger management and stress reduction
therapies.
(3)
Staffing for client education group sessions on alcohol
and drug abuse and addiction shall not exceed an instructor to client ratio of
one to forty eight.
(Y) Indigent clients:
(1)
A
driver intervention program that receives funds that originate and/or pass
through the Ohio department of mental health and addiction services shall have
a policy and procedure which states that admission to the driver intervention
program shall not be denied because an individual is indigent as long as public
funds are available to cover the cost of the program.
(2)
Indigent
individuals are persons who have in their possession at the beginning of a
driver intervention program a document which indicates the client is a
recipient of public assistance, including, but not limited to, supplemental
security income, social security disability income, medicaid, temporary
assistance for needy families or other category of assistance as defined by the
Ohio department of mental health and addiction services.
(3)
The client record
of indigent individuals shall include a photocopy of the documentation that was
used to verify indigent status.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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