415-054-0462 Definitions (1) “Alcohol and Other Drug Screening Specialist (ADSS)” means an individual who possesses a valid certificate issued by the Division of the Authority. (2) "ASAM Criteria" means the most current edition of the American Society of Addiction Medicine (ASAM) for the Treatment of Addictive, Substance-related, and Co-Occurring Conditions, which is a clinical guide to develop patient-centered service plans and make objective decisions about patient admission, continuing care, and transfer or discharge for individuals and is incorporated by reference in these rules.” (3) “Background Check” means the Oregon Criminal Records Check and the processes and procedures required by OAR 943-007-0001 through 0501. (4) “Certificate” means a document issued to an individual by the Division that authorizes the individual to provide ADSS services. (5) “CFR 42 Part 2” means the Code of Federal Regulations, Title 42, Volume 1, Chapter 1, Part 2 entitled Confidentiality of Alcohol and Drug Abuse Patient Records. (6) “Chief Officer” means the Chief Health Systems Officer of the Division or designee. (7) “Conflict of Interest” means use of a personal relationship to obtain financial gain or avoidance of financial detriment, making business decisions that create a pattern of biased or preferential treatment, or initiating a professional role with someone with whom there was a pre-existing personal relationship. The conflict of interest may be actual or potential. (8) "Court" means the last convicting or ruling court unless specifically noted. (9) “Diversion Agreement” means a petition approved by the court meeting the criteria established in ORS 813.200 through 813.260. (10) “Division” means the Health Systems Division of the Oregon Health Authority. (11) “DUII” means driving under the influence of intoxicants as defined in ORS Chapter 813. (12) “DUII Education Program” means a short-term, didactic alcohol and other drug education program that meets the minimum curriculum and hourly standards established by the Division for an individual who is either: (a) A violator of ORS 813.010 (Driving Under the Influence of Intoxicants); or (b) A defendant participating in a diversion agreement under ORS 813.200. (13) “DUII Rehabilitation Program” means a program of treatment and therapeutically oriented education services for an individual who is either: (a) A violator of ORS 813.010 (Driving Under the Influence of Intoxicants); or (b) A defendant participating in a diversion agreement under ORS 813.200. (14) “DUII Services Provider” means a provider of a DUII education program or a DUII rehabilitation program. (15) “Face-to-Face” means a personal interaction where both words can be heard and facial expressions can be seen in person or through telehealth services where there is a live streaming audio and video. (16) "Grievance" means a formal complaint submitted verbally or in writing by an individual or the individual’s representative pertaining to the denial or delivery of services and supports. (17) “HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996 and the regulations published in Title 45, parts 160 and 164, of the Code of Federal Regulations (CFR). (18) “Individual” means any individual being considered for or receiving services and supports regulated by these rules. (19) “Individual Record” means documentation, written or electronic, regarding an individual including information relating to entry, screening, orientation, services and supports planning, services and supports provided, and transfer. (20) “Negative Report” means a report of tampering with an ignition interlock device, unauthorized removal of an ignition interlock device, lockout or a test violation recorded by an ignition interlock device. (21) “Oregon Health Authority” (Authority) means the agency established in ORS Chapter 413 that administers the funds for Titles XIX and XXI of the Social Security Act. It is the single state agency for the administration of the medical assistance program under ORS chapter 414. (22) "Screening" means the process of administering a Division approved screening tool to determine whether the individual exhibits risk factors for a substance use disorder and resulting in a referral to a Division approved DUII services provider. (23) "Single Agency or Organization" means any one individual or business entity; combination of persons or business entities acting together as a program; or agency or other arrangement that provides or has a financial interest in providing Division approved DUII Education or DUII Rehabilitation services. (24) “Substance Use Disorder (SUD)" means a disorder related to the taking of a drug of abuse including alcohol to the side effects of a medication and to a toxin exposure. The disorders include substance use disorders such as substance dependence and substance abuse and substance-induced disorders, including substance intoxication, withdrawal, delirium, and dementia, and includes but is not limited to substance induced psychotic disorder, mood disorder, as defined in DSM criteria. (25) “Variance” means an exception from a requirement in these rules, granted in writing by the Division on a case by case basis. 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