justicedao/ipfs_state_laws huggingface dataset:
415-054-0485 Screening (1) The ADSS shall perform a screening interview using documents and procedures designated by the Division for individuals under a DUII Diversion Agreement or convicted of a DUII within the preceding 15 years to determine whether to recommend an individual to a DUII education program or a DUII rehabilitation program. (2) The ADSS must utilize a screening procedure that at a minimum shall ensure the provision and documentation of the following: (a) Individuals must be considered for entry without regard to race, ethnicity, gender, gender identity, gender expression, sexual orientation, religion, creed, national origin, age (except when program eligibility is restricted to children, adults, or older adults), familial status, marital status, source of income, and disability; (b) Individuals must receive services in the most timely manner feasible consistent with the presenting circumstances; (c) Development and maintenance of adequate records and other documentation for each individual served that demonstrates the specific services for which payment has been requested, including documentation of a suicide risk assessment and appropriate referral; (d) An authorization for the release of information obtained for any confidential information concerning the individual being considered for or receiving services in accordance with ORS 179.505, Federal Confidentiality Regulations (42 CFR, Part 2), and HIPAA; and (e) Reasonable effort is made to attain appropriate collateral information including but not limited to the individual’s DUII arrest record. (3) At the time of screening, the program must offer to the individual and guardian, if applicable, written program orientation information. The information must be written or, upon request, in an alternative format or language appropriate to the individual’s need and must include: (a) A description of individual rights; (b) Policy concerning grievances and appeals consistent with these rules to include an example grievance form; and (c) Notice of privacy practices. (4) Screening interviews shall be conducted in a face-to-face interview unless: (a) The individual provides documentation from a health care professional indicating that a face-to-face interview would jeopardize their health or safety; (b) The individual is a resident of another state or county and lives more than 75 miles from the ADSS service site; (c) There is inclement weather or other unsafe road conditions; or (d) Approved by the Division in writing prior to the screening interview. (5) The ADSS shall clearly document the reason for the absence of a face-to-face interview in the individual record. (6) Individuals who exhibit risk factors for a substance use disorder as indicated in the Division approved screening tool shall be referred to DUII Rehabilitation Services. (7) Individuals who do not exhibit risk factors for a substance use disorder as indicated in the Division approved screening tool shall be referred to DUII Education Services. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0490 Referrals (1) After completion of a screening interview, the ADSS shall initiate a referral to the Division approved DUII services provider of the individual’s choice using forms and procedures designated by the Division. (2) The ADSS shall provide the individual with a list of all Division approved DUII services providers: (a) Within the geographic area preferred by the individual; and (b) In any other geographic area capable of responding to a specific need including but not limited to: (A) Ability to pay or seek reimbursement through insurance; (B) Primary language; (C) Culturally-specific services; or (D) Hours of operation. (3) The individual record shall include documentation of which Division approved DUII services providers were offered for referral that has been signed and dated by the individual. (4) The ADSS may not deny a referral to any Division approved DUII services provider except in cases where the referral would constitute an imminent health or safety risk to the individual. Denials shall be clearly documented in the individual record and include the reason for the denial including the specific health or safety risk posed. (5) Within three calendar days of a denial being made, the ADSS shall report to the Division using Division approved forms and procedures. (6) Within five calendar days of the screening, the ADSS shall forward a copy of the Division approved referral form and completed screening instrument to: (a) The selected DUII services provider; and (b) The individual. (7) When the individual is a resident of a state other than Oregon, the ADSS may refer the individual to a program licensed by and located in the individual’s state of residency. (8) Referrals to out-of-state substance use disorder service providers shall also include a copy of applicable Oregon Administrative Rules for issuance of a DUII Treatment Completion Certificate. Statutory/Other Authority: ORS 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 History: ADS 4-2017, amend filed 12/28/2017, effective 01/01/2018 ADS 2-2011, f. 3-8-11, cert. ef. 3-9-11 ADS 4-2010(Temp), f. & cert. ef. 9-20-10 thru 3-9-11
415-054-0500 Transfers (1) An individual may request a transfer to a different Division approved DUII services provider by submitting a request in writing to the ADSS. (2) The ADSS shall initiate a referral to the requested Division approved DUII services provider as described in OAR 415-054-0490(3) within five calendar days from the receipt of the individual’s written request. (3) The ADSS may not deny a transfer request to any Division approved DUII services provider except in cases where the referral would constitute an imminent health or safety risk to the individual. Denials shall be clearly documented in the individual record and include the reason for the denial including the specific health or safety risk posed. (4) Within three calendar days of a denial being made, the ADSS shall report to the Division using Division approved forms and procedures. Statutory/Other Authority: ORS 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 History: ADS 4-2017, amend filed 12/28/2017, effective 01/01/2018 ADS 2-2011, f. 3-8-11, cert. ef. 3-9-11 ADS 4-2010(Temp), f. & cert. ef. 9-20-10 thru 3-9-11
415-054-0510 Monitoring (1) The ADSS shall monitor the progress of individuals under a DUII Diversion Agreement or convicted of a DUII by documenting: (a) Enrollment or failure to enroll in the DUII services program; and (b) Successful completion of the DUII services program. (2) Failure to complete all or any part of the screening interview or DUII services program. Statutory/Other Authority: ORS 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 History: ADS 4-2017, amend filed 12/28/2017, effective 01/01/2018 ADS 2-2011, f. 3-8-11, cert. ef. 3-9-11 ADS 4-2010(Temp), f. & cert. ef. 9-20-10 thru 3-9-11
415-054-0520 Individual Records and Fees (1) An individual record shall be maintained for each individual who receives ADSS services. The record shall contain at a minimum: (a) Screening information; (b) Documentation of referrals, re-referrals, or transfers to DUII services programs; (c) Legal documents and other collateral information received; (d) Documentation of successful completion or failure to complete the DUII services programs referred to; and (e) Documentation of each contact with or related to the individual. (2) Any errors in the individual record shall be corrected by drawing a single ink line through the error and adding the correction date and ADSS’s initials. The use of correction fluid or tape or any other attempt to make the error illegible is unacceptable. (3) Individual records shall be kept for a minimum of seven years. (4) Documentation of the individual’s successful completion or failure to complete the screening interview or DUII services program referred to shall be kept for a minimum of 15 years. (5) Client records shall be kept confidential in accordance with HIPAA, ORS 179.505, 45 CFR 205.50 and 42 CFR Part 2, and any Division administrative rule pertaining to client records. (6) Pursuant to ORS 813.021 and ORS 813.240, the screening fee shall be $150.00. (7) Additional fees may only be charged if ordered by the court in which the individual was adjudicated. The ADSS shall be responsible to provide the Division with a copy of any such fee court orders. (8) A schedule of all fees shall be provided to each individual screened and posted in writing in a common area. Statutory/Other Authority: ORS 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 History: ADS 4-2017, amend filed 12/28/2017, effective 01/01/2018 ADS 2-2011, f. 3-8-11, cert. ef. 3-9-11 ADS 4-2010(Temp), f. & cert. ef. 9-20-10 thru 3-9-11
415-054-0530 Reporting Requirements (1) ADSS shall report to the adjudicating court the individual’s successful completion or failure to complete all or any part of the DUII services program determined by the screening interview within 14 calendar days of receipt of notification from the DUII services provider unless an alternate reporting schedule is agreed to in writing between the ADSS and the designating court. (2) The form of the report shall be determined by agreement between the court and ADSS. (3) For individuals enrolled in a DUII education or DUII rehabilitation program, the ADSS shall notify the DUII services provider within 72 hours of receipt of a negative report from the individual’s Ignition Interlock Device installer. (4) ADSS shall submit monthly screening reports no later than the 10th of each month using forms and procedures designated by the Division. Statutory/Other Authority: ORS 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 History: ADS 4-2017, amend filed 12/28/2017, effective 01/01/2018 ADS 2-2011, f. 3-8-11, cert. ef. 3-9-11
415-054-0535 Variance (1) An applicant or ADSS may request a variance to these rules, applicable service delivery rules, or other applicable regulations. (2) The applicant or ADSS must submit the variance request directly to the Division along with relevant application documents submitted to the Division. The variance request must include: (a) A description and applicable details of the variance requested, including the applicable section of the rule for which the variance is sought; (b) The rationale and necessity for the requested variance; (c) The alternative practice proposed, where relevant; and (d) The proposed duration of the variance, including a plan and timetable for compliance with the rule exempted or adjusted by the variance. (3) The Chief Officer, whose decision is final, shall approve or deny the variance request and include an expiration date for the variance not to exceed the length of the ADSS’ current certificate. (4) A variance granted by the Division becomes part of the certificate. Continuance of the variance may not be automatic and shall be re-considered at the expiration of the variance or when the certification is being considered for renewal, whichever comes first. (5) Requesting renewal of a variance in advance of current variance expiration is the responsibility of each ADSS. (6) Failure by the ADSS to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance may result in the Division withdrawing approval for a variance. (7) Failure by the ADSS to implement approved alternative practices or otherwise demonstrate noncompliance with an approved variance such that the health or safety of individuals is jeopardized to the degree that cessation of services by the ADSS is considered necessary to prevent harm to the individual may result in the Division taking action on the certificate pursuant to OAR 415-054-0475. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0545 Sole Service Provider Designation Approval Process (1) A single agency or organization with a valid letter of approval as a Division approved DUII services provider may request designation as a sole service provider if it is able to demonstrate that: (a) It is the only Division approved DUII services provider in the county; (b) ADSS records are kept separate from clinical records; (c) The individual providing ADSS services maintains a valid certificate from the Division; and (d) The individual providing ADSS services does not provide DUII education or rehabilitation services. (2) Requests for designation under these rules must be submitted in writing using Division approved forms and procedures. (3) Sole service providers shall comply with all applicable ADSS, DUII education and DUII rehabilitation, and recommendations for restricted license requirements. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0546 Revocation or Denial of Approval of Sole Service Provider Designation (1) Approval of a request for designation as a sole service provider is at the Chief Officer’s discretion. (2) The Chief Officer may deny, revoke, or refuse to renew designation for any of the reasons set forth in OAR 415-054-0475 or due to a finding that the county has more than one Division approved DUII services provider. Statutory/Other Authority: 413.042 & 430.256 Statutes/Other Implemented: 430.256 History: ADS 4-2017, adopt filed 12/28/2017, effective 01/01/2018
415-054-0550 Demonstration Project Approval Process (1) Only an ADSS with a valid certificate and a single agency or organization with a valid letter of approval to provide treatment services may be approved as a demonstration project. (2) Requests for designation under these rules must be submitted in writing using Division approved forms and procedures. (3) Requests must also include: (a) Letters of endorsement from courts and other relevant persons or agencies; (b) Written assurances of participation by each proposed participant; (c) Recommendation from: (A) The Community Mental Health Program director of the proposed geographic area; (B) The Local Alcohol and Drug Planning Committee; and (d) Any additional information requested by the Division. (4) Approval of a demonstration project is at the discretion of the Chief Officer. The Division shall review requests and shall notify the requestor of the approval or denial within 60 days of the date the request is received by the Division. Statutory/Other Authority: 430.256 & 413.042 Statutes/Other Implemented: 430.256 History: ADS 4-2017, amend filed 12/28/2017, effective 01/01/2018 ADS 2-2011, f. 3-8-11, cert. ef. 3-9-11
415-054-0560 Demonstration Project General Requirements (1) The approved demonstration project must comply with all applicable ADSS, DUII education and DUII rehabilitation, and recommendations for restricted license requirements. (2) The effectiveness of the approved demonstration project must be evaluated as agreed upon between the applicant and the Division. (3) Results of the program evaluation must be submitted to the Division within timelines approved by the Chief Officer. Statutory/Other Authority: 430.256 & 413.042 Statutes/Other Implemented: 430.256 History: ADS 4-2017, amend filed 12/28/2017, effective 01/01/2018 ADS 2-2011, f. 3-8-11, cert. ef. 3-9-11
415-054-0570 Revocation or Denial of Approval for Demonstration Projects (1) Approval of an application for a demonstration project is at the Chief Officer’s discretion. (2) The Chief Officer may deny, revoke, or refuse to renew approval for any of the reasons detailed in OAR chapter 415, division 054 or due to a finding that the demonstration project is not resolving the problems explained in the original application. (3) The Chief Officer may refuse to renew approval if the program evaluation required under these rules fails to demonstrate the effectiveness of combining the diagnostic assessment and the treatment functions within a single agency or organization. (4) When a request for approval to operate a demonstration project is denied, a current approval is suspended or revoked, or renewal is denied, notice of the action shall be sent by certified mail and shall include information about contested case hearings. Statutory/Other Authority: 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 History: ADS 4-2017, amend filed 12/28/2017, effective 01/01/2018 ADS 2-2011, f. 3-8-11, cert. ef. 3-9-11
415-056-0030 Purpose and Scope These rules prescribe standards and procedures for substance abuse providers approved by the Division. These rules establish standards for community substance abuse prevention and provide that a full continuum of services be available to Oregonians either directly or through written agreements or contracts. Statutory/Other Authority: ORS 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 - 430.415 History: ADS 1-2018, amend filed 03/01/2018, effective 03/01/2018 ADS 1-2012, f. & cert. ef. 2-9-12
415-056-0040 Administrative Requirements (1) A prevention provider that contracts directly or indirectly with the Division must comply with all related administrative rules. (2) Subcontracted agencies must be administered by staff in accordance with standards set forth in OAR 309-014-0000 through 0025 and OAR 309-014-0030(3) through 0040. (3) A fee schedule may be established that approximates actual cost of service delivery. The fee schedule must assess the cost to the participant for the service in accordance with the participant's ability to pay. (4) A prevention provider must establish comprehensive written policies and procedures that describe program operations and compliance with these rules and shall at minimum address the following: (a) A mission, vision, and values statement; (b) An organizational management chart; (c) The prevention framework that guides the program's prevention efforts; (d) An anti-discrimination policy; (e) A cultural competency plan; (f) Gender specific services; (g) The use of substances by program participants and staff during program activities; (h) The protection and safety of service recipients; and (i) A process for referring individuals who are not appropriate for prevention services to more applicable resources such as emergency and crisis services, detoxification, mental health treatment, and other services within the continuum of care. (5) A request for certification shall be considered by the Division after the CMHP or tribal authority and the LADPC or other applicable committee have reviewed and commented on the request. (6) Prevention providers must provide services that incorporate evidence based practices as defined in OAR 415-056-0035. (7) Printed materials utilized by the program must be: (a) Written with consideration to the demographic make-up of the program and in cultural competent language; (b) In the participant’s native language; and (c) Reflective of current substance abuse research and practice. (8) The provider must report to the Division on approved standardized forms. All reporting must be done in accordance with Federal Confidentiality Regulations (42 CFR Part 2). (9) The provider must ensure the privacy and safety of participants where appropriate and necessary. (10) Providers must document coordination of activities with related community partners. Statutory/Other Authority: ORS 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 - 430.415 History: ADS 1-2018, amend filed 03/01/2018, effective 03/01/2018 ADS 1-2012, f. & cert. ef. 2-9-12
415-056-0045 Staff Requirements (1) The substance abuse prevention program must be administered by staff in accordance with standards set forth in these rules. (2) The coordinator is qualified by virtue of knowledge, training, experience, and skills. The coordinator must be certified by the Addiction Counselor Certification Board of Oregon (ACCBO) as a Certified Prevention Specialist (CPS) or must acquire certification within two years from the date of hire. (3) The coordinator shall be employed greater than .50 FTE to carry out their responsibilities. (4) Roles and authorities of the coordinator include: (a) Development, monitoring, and oversight of the Prevention Implementation Plan, which shall be in compliance with the requirements set forth by the Division; (b) Implementation of the defined strategies; (c) Management of the program staff; (d) Administration of funds; (e) Accountability for the oversight and quality of prevention services; and (f) Supervision of other staff related to their skill level with the goal of achieving the objectives of the prevention program and assisting staff to increase their knowledge, skills, and abilities. (5) Program staff providing more than .5 FTE hours of direct prevention services must: (a) Have a CPS certification or must acquire the certification within two years of hire; (b) Have a workforce development plan utilized to assure compliance with these rules and to ensure each staff has opportunities to advance their prevention knowledge and skills; and (c) Be culturally competent to serve the identified populations. Agencies who contract for the delivery of direct prevention services must ensure that the contractors meet the requirements for prevention staff described in these rules. (6) The number and responsibilities of the prevention staff must be sufficient to provide the services required under these rules for the number of participants the program intends to serve. Statutory/Other Authority: ORS 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 - 430.415 History: ADS 1-2018, amend filed 03/01/2018, effective 03/01/2018 ADS 1-2012, f. & cert. ef. 2-9-12
415-056-0050 Variances Requirements and standards for requesting and granting variances or exceptions are found in OAR 415-012-0090. Statutory/Other Authority: ORS 430.256 & 413.042 Statutes/Other Implemented: ORS 430.256 - 430.415 History: ADS 1-2012, f. & cert. ef. 2-9-12
415-057-0000 Purpose These rules prescribe standards for the development and operation of adult prison-based Alcohol and other drugs Treatment Programs for the Department of Corrections (DOC) approved by the Addictions and Mental Health Division. Statutory/Other Authority: ORS 409.050, 409.410 & ORS 409.420 Statutes/Other Implemented: ORS 430.240 - 430.640, 430.850 - 430.955, 813.010 - 813.052 & 813.200 - 813.270 History: ADS 2-2010, f. & cert. ef. 5-6-10