Current through Bulletin 2024-06, March 15, 2024
(1) In order to operate, a potential DUI
Educational Provider shall make application to the Division at least 60 days
prior to the planned effective date. The Division will provide the application
form.
(2) Application for
certification shall require the following:
(a) A brief description and purpose of the
agency, and an explanation of the agency's relationship with other components
of the local DUI system, i.e., Local Substance Abuse Authorities, local courts,
police, Probation and Parole, Alcoholics or Narcotics Anonymous, etc.;
(b) The geographical area to be
served;
(c) The ownership and
person or group responsible for agency operation;
(d) The location and time that DUI classes
would normally be held;
(e) A list
of instructors employed by the agency; and
(f) A copy of the agency substance abuse
treatment license.
(g) An outline
describing how the agency will conduct the victim impact panel required by
Section
62A-15-501;
(3) A DUI Educational
Provider shall also:
(a) Ensure that each
participant receive no less than 16 hours of face-to-face instruction using the
Division approved curriculum, in accordance with R523-9, with no more than 8
hours of instruction occurring in any calendar day;
(b) Allow no more than 25 persons, including
participant and others to a class;
(c) Follow the recommendations of the
screening which has been provided;
(d) Ensure that screenings are conducted by
staff who have been trained in administering the screening tool;
(e) Report the number of participants
completing the DUI Educational Program to the Division at least every quarter;
(f) Have policies ensuring
confidentiality of information maintained on each participant that conform to
the requirements in 42 Code of Federal Regulations Chapter 1 Subchapter A Part
2;
(g) Ensure that Instructors
follow the Division-approved curriculum;
(h) Have available for review a copy of the
Provider's charter, constitution, or bylaws;
(i) Outline the eligibility criteria for
admission to the program, including the screening tool used;
(j) Ensure that all Instructors employed by
the Provider are certified to teach;
(k) Inform the Division of any licensing or
address change;
(l) Comply with
all applicable local, state and federal laws and regulations.
(m) Ensure that none of the Instructors are
on probation or parole for any offense;
(n) Ensure that none of the Instructors has
been convicted of a felony of any kind or any drug or alcohol misdemeanor
offense in the previous 3 years;
(o) Notify the Division in writing within 30
days if any Instructor has been arrested for any reason;
(p) Provide separate classes for participants
who are younger than 18 years of age at the completion of the course; and
(4) Ensure that any
victim impact panel be consistent with the educational program taught, and
ensure that the total attendance is no more than 25 participants.
(5) A participant's participation in the DUI
Educational Program shall not be a substitute for treatment as determined by a
screening and assessment.
(6) The
Division shall issue the Provider a certificate after determination has been
made that the agency is in compliance with these standards.
(7) The Division Director or designee has the
authority to grant exceptions to any of the certification requirements.