Section 1.0
Authority
This rule is adopted pursuant to
18 V.S.A. §§
102,
4807(c)
and
3 V.S.A.
§§ 801(b) (11),
3003.
Section 2.0 Purpose
The purpose of this rule is to establish the education,
evaluation, and treatment components of and appeals process for Vermont's
Impaired Driver Rehabilitation Program, or IDRP, as outlined in
23 V.S.A.
§
1209a. Successful completion of IDRP
is required to restore a license or privilege to operate a motor vehicle that
has been revoked as a result of an impaired driving conviction. Individuals
ordered by a Vermont court, the Vermont Department of Corrections, or those
charged with an alcohol or drug related driving offense may also
participate.
Section 3.0
Definitions
3.1 "Alcohol" means any alcohol,
malt beverages, spirits, fortified wines, and vinous beverages, as defined in
7 V.S.A. §
2,
and any beverage or liquid containing any of them.
3.2 "Assessment" means an evaluation and
documentation of an individual's social, mental, and physical history, and
status to determine whether reinstatement should be further conditioned on
satisfactory completion of treatment.
3.3 "Clinical Evaluation" means an initial
interview with a Clinical Evaluator.
3.4 "Clinical Evaluator" means a licensed
clinician, or a clinician with a master's degree who is actively pursuing
licensure as provided for in
26 V.S.A. §
3236, or other counselor designated by the
Department who administers the clinical evaluation for IDRP.
3.5 "Completion Report" means a document
issued from Clinical Evaluator or the Facilitator to the Department.
3.6 "Counselor" means a licensed clinician,
or a clinician with a master's degree who is actively pursuing licensure as
provided for in
26 V.S.A. §
3236, or other counselor whose scope of
practice includes substance use disorder treatment and is approved by the
Department.
3.7 "Department" means
the Vermont Department of Health.
3.8 "DMV" means the Vermont Department of
Motor Vehicles.
3.9 "Drug" means a
regulated drug as defined in
18 V.S.A. §
4201; or any substance or combination of
substances, other than alcohol, which affects the nervous system, brain, or
muscles of a person so as to impair, noticeably and appreciably, a person's
ability to drive a vehicle safely.
3.10 "Educational Component" means a
curriculum focused on reducing impaired driving recidivism approved by the
Department.
3.11 "Exit Interview"
means the meeting between the IDRP participant and the Clinical Evaluator to
assess whether the participant has satisfactorily completed the IDRP.
3.12 "Facilitator" means the instructor of
the IDRP Education Component.
3.13
"IDRP" means Vermont's Impaired Driver Rehabilitation Program.
3.14 "Impaired" means under the influence of
intoxicating liquor or other drugs as provided in
23
V.S.A. §
1201(a).
3.15 "Licensed Alcohol and Drug Counselor" or
"LADC" means licensed in accordance with 26 V.S.A. chapter 62.
3.16 "License Reinstatement" means the action
by the Department of Motor Vehicles to return to an individual the legal
privilege of driving as provided in
23 V.S.A.
§
1209a.
3.17 "License Suspension" means a suspension
of a person's driver's license by the DMV for violating
23
V.S.A. §§
1201 and
1216
by operating' a vehicle under the influence of intoxicating liquor or other
substances.
3.18 "Participant"
means an individual who is enrolled and attending the IDRP.
3.19 "Treatment" means the counseling or
therapy required by the Clinical Evaluator to complete IDRP. Treatment must be
provided by a licensed clinician, or a clinician with a master's degree who is
actively pursuing licensure as provided for in
26 V.S.A. §
3236 or other counselor approved by the
Department. Treatment may include without limitation outpatient therapy,
intensive outpatient therapy and residential therapy.
3.20 "Treatment Information Form" means a
document issued from the treatment provider to the Department by the Clinical
Evaluator or counselor verifying that an individual has satisfactorily
completed treatment.
3.21 "Under
the Influence of Intoxicating Liquor or other Substances" means those
circumstances defined in
23
V.S.A. §§
1201(a)
and
1216.
Section 4.0 Components of the
Impaired Driver Rehabilitation Program
The IDRP consists of the following components:
4.1 Registration
The participant shall register for the program by completing
the registration forms, paying the program fees, and acquiring an overview of
the program requirements.
4.2 Clinical Evaluation
4.2.1 The participant shall sit for an
interview with a Clinical Evaluator who will gather a personal and legal
history, and administer a Department designated screening tool to the
participant to determine if the individual needs to be referred for any
additional assessment(s) and whether the individual will be required to sit for
an exit interview.
4.2.2 For
participants with one license suspension, the treatment requirement will be
determined in the Clinical Evaluation. For participants with more than one
license suspension, treatment is required.
4.3 Education Component
4.3.1 The participant shall complete the
Department-approved education curriculum. The classes are sequential and
cumulative.
4.3.2 For participants
with a life suspension, completion of the Education Component is not
required.
4.4 Treatment
The requirements for participants to engage in treatment vary
based on the number of license suspensions, the results of the Clinical
Evaluation and the Education Component. For participants with one license
suspension, the treatment requirement will be determined in the Clinical
Evaluation. For participants with more than one license suspension, treatment
is required.
4.4.1 Treatment
Requirements
4.4.1.1 Treatment shall involve
an assessment and a treatment plan, addressing all substance use diagnoses,
with associated goals signed by the counselor and the participant.
4.4.1.2 For individuals with one license
suspension, treatment shall consist of a minimum of four (4) hours in no fewer
than four (4) weeks if determined necessary by the Clinical
Evaluator.
4.4.1.3 For individuals
with two or more license suspensions, treatment shall consist of a minimum of
twenty (20) hours in no fewer than twenty-four (24) weeks.
4.4.1.4 The counselor or the Clinical
Evaluator may determine that the participant needs additional treatment in
order to meet the requirements outlined in the treatment plan.
4.4.2 Treatment Completion
4.4.2.1 The participant's last treatment
session shall be no more than sixty (60) days from the date that the Department
receives the Treatment Information Form from the counselor or Clinical
Evaluator unless waived by the Department.
4.4.2.2 If the Clinical Evaluator's initial
evaluation requires an exit interview, an exit interview must be completed
before the participant can complete IDRP.
Section 5.0 Abandonment and
Reenrollment
If a participant has not completed IDRP within five (5) years
of the Clinical Evaluation-they shall be required to complete all of the
program requirements from the beginning and pay all associated fees.
Section 6.0 Outof-State Programs
6.1 An IDRP completed in another state may
satisfy the requirements under this rule if it is comprised of at least the
following:
6.1.1 A completed evaluation to
determine if further treatment is required and the completion of that
treatment; and
6.1.2 An educational
component.
6.2 Unless
approved prior to completion of a program, participants may only participate in
another state's IDRP if they are licensed in and/or currently residing in that
state.
6.3 Participants of an
out-of-state program must submit the following required documentation to IDRP
to have their license or privilege to operate restored in Vermont:
6.3.1 Out-of-state Completion Form
6.3.2 IDRP Release
Section 7.0 Participant Appeals
Participants who disagree with the treatment determinations
of the counselor, Clinical Evaluator or the Department may seek review of those
decisions as set out in this section. The treatment minimums cannot be
appealed.
7.1 Appeals
7.1.1 A participant may appeal the decision
of the Clinical Evaluator in writing to the Department or seek review of the
decision in Superior Court pursuant to Rule 75 of the Vermont Rules of Civil
Procedure.
7.1.2 A participant may
appeal the decision of the IDRP in writing to the Commissioner or
designee.
7.1.3 If a participant
and the IDRP cannot agree on the type of therapy required, the Criminal
Division of the Superior Court shall make that determination in accordance with
23 V.S.A. §
1209(e).
7.1.4 A participant may appeal a decision of
the Commissioner of the Department of Motor Vehicles pursuant to
23 V.S.A.
§
1209a(d).
3 V.S.A. §§
801,
3003;
18 V.S.A. §§
102,
4807
