California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 4 - Department of Alcohol and Drug Programs › Chapter 3 - Programs for Alcohol and Drug Impaired Drivers › Subchapter 1 - General Administration › Section 9800 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  following definitions shall apply to terminology used in Chapter 3. Terms not
				  defined below may be found in Section
				  9000, Article 1, Chapter 1, of this
				  Division, or in individual sections of this Chapter if not used elsewhere.
(1) Additional Fee. "Additional fee" means a fee,
				  approved in accordance with the provisions of Section
				  9878(g), charged to the
				  participant by the DUI program to recover the cost of any administrative service
				  (such as rescheduling program services, reinstating participants following
				  dismissal, processing transfers to other programs, etc.) provided by the DUI program
				  in addition to program services required in accordance with Article 2 (commencing
				  with Section 9848), Subchapter 3 of this
				  Chapter.
(2) Abstinence. "Abstinence"
				  means the total, round-the-clock avoidance of the use of alcohol and/or illicit
				  drugs through ingestion, inhalation, injection, or other means of intake.
(3) Additional County Requirements. "Additional
				  county requirements" are those requirements a county selects to include as part of
				  the DUI program requirements for that county, which exceed the program services
				  required in Article 2 (commencing with Section
				  9848), Subchapter 3 of this
				  Chapter.
(4) Ancillary Services.
				  "Ancillary services" are those additional services to which the DUI program may
				  refer the participant on a voluntary basis. Such services may include, but need not
				  be limited to, detoxification services, recovery services, treatment services, or
				  family counseling.
(5) Days. "Days"
				  means calendar days, unless otherwise specified.
(6) Driving-Under-the-Influence Program, or
				  Program. "Driving-Under-the-Influence Program", "DUI program", or "program", or
				  "licensee" means a firm, partnership, association, corporation, or local
				  governmental agency, which has been recommended by the county board of supervisors
				  and subsequently licensed by the Department, in accordance with this Chapter, to
				  provide alcohol and other drug education and counseling services to anyone:
(A) Whose license to drive has been
				  administratively suspended or revoked in accordance with Section
				  13353.2 of the
				  Vehicle Code;
(B) Who has been convicted
				  for violating Sections
				  23103.5,
				  23152 or
				  23153 of the
				  Vehicle Code; or
(C) Who has been
				  convicted for operating a vessel, water skis, aquaplane, or similar device in
				  violation of Section
				  655(b), (c), (d), (e), or
				  (f) of the Harbors and Navigation
				  Code.
(7)
				  Driving-Under-the-Influence. "Driving-under-the-influence", or "DUI", means:
(A) Driving a motor vehicle in violation of
				  Sections
				  23103.5,
				  23140,
				  23152 and
				  23153 of the
				  Vehicle Code; or
(B) Operating a vessel,
				  water skis, aquaplane, or similar device in violation of Section
				  655(b), (c), (d), (e), or
				  (f) of the Harbors and Navigation
				  Code.
(8) Educational Session.
				  "Educational session" means instruction and information presented in a facilitated
				  classroom setting.
(9) Face-to-Face
				  Interview. "Face-to-face interview" means a private, facilitated, individual
				  discussion between the counselor and participant to monitor the participant's
				  progress in the program, to identify problems which may be barriers to program
				  completion, and to refer the participant to ancillary services when appropriate,
				  based upon the participant's needs.
(10)
				  Facilitated. "Facilitated" means directed or conducted by DUI program staff (e.g., a
				  facilitated discussion would be a discussion directed or conducted by DUI program
				  staff).
(11) Final Approval. "Final
				  approval" means Departmental approval for licensure of a DUI program when the
				  licensee has met all of the licensing standards contained in this Chapter.
(12) First Offender. "First offender" means an
				  individual whose license to drive has been administratively suspended or revoked
				  for, or who has been convicted of, driving-under-the-influence, and the offense did
				  not occur within ten (10) years of:
(A) Another
				  driving-under-the-influence offense;
(B)
				  A violation of Section
				  23103 (as specified in Section
				  23103.5) of the Vehicle Code;
				  or
(C) A violation of Section
				  191.5 or Section
				  192(c)(3)
				  of the Penal Code.
(13) First
				  Offender with Court-Ordered Duration of Participation. First offender with
				  court-ordered duration of participation or enhanced first offender means a person
				  convicted of a first offense of driving-under-the-influence who has been ordered by
				  the court to attend a DUI program for 6 months or longer in accordance with Health
				  and Safety Code Section
				  11837(c).
(14) Fiscal Year. "Fiscal year" means the 12-month
				  period beginning on July 1 and ending on June 30 the following year.
(15) Group Counseling Session. "Group counseling
				  session" means a counselor facilitated group meeting in which participants meet to
				  exchange ideas, to discuss their own behavior and attitudes, and to support and
				  encourage positive changes in each other's lifestyle to facilitate resolution of
				  problems related to the use of alcohol and other drugs.
(16) Illicit Drug. "Illicit Drug" means any
				  substance defined as a drug in Section
				  11014, Chapter 1, Division 10, Health
				  and Safety Code, except:
(A) Drugs or medications
				  prescribed by a physician or other person authorized to prescribe drugs, in
				  accordance with Section
				  4036, Chapter 9, Division 2, Business
				  and Professions Code, and used in the dosage and frequency prescribed; or
(B) Over-the-counter drugs or medications used in
				  the dosage and frequency described on the box, bottle, or package
				  insert.
(17) Individual
				  Counseling Session. "Individual counseling session" means a meeting in which a
				  participant and a counselor interact on an individual basis or through an
				  interpreter to discuss the participant's behavior and attitudes and to support and
				  encourage positive changes in the participant's lifestyle to facilitate resolution
				  of problems related to the use of alcohol and other drugs.
(18) Month. "Month" means the period of time from
				  a specific date in one calendar month to the corresponding date in the following
				  calendar month.
(19) Multiple Offender.
				  "Multiple offender" means an individual whose license to drive has been
				  administratively suspended or revoked for, or who has been convicted of
				  driving-under-the-influence and the offense occurred within ten (10) years of:
(A) Another driving-under-the-influence
				  offense;
(B) A violation of Section
				  23103 (as specified in Section
				  23103.5) of the Vehicle Code;
				  or
(C) A violation of Section
				  191.5 or Section
				  192(c)(3)
				  of the Penal Code.
(20)
				  Participant. "Participant" means any person participating in a DUI program. The term
				  "participant" is used generically throughout this Chapter wherever standards apply
				  to both the first offender and the multiple offender.
(21) Profit. "Profit" means the return received on
				  a business undertaking after all operating expenses have been met, as allowed in
				  normal accounting procedures, which accrues to entrepreneurs as compensation for the
				  assumption of risk in business.
(22)
				  Program Fee. "Program fee" means a fee charged to the participant by the DUI program
				  for program services required in accordance with Article 2 (commencing with Section
				  9848), Subchapter 3 of this
				  Chapter.
(23) Program Services. "Program
				  services" means all services, which the DUI program is required to provide to the
				  participant in accordance with Article 2 (commencing with Section
				  9848), Subchapter 3 of this Chapter.
				  Required program services include participant enrollment (Section
				  9848), assessment of the participant's
				  alcohol or other drug problem (Section
				  9849), educational sessions (Section
				  9852), group counseling sessions
				  (Section 9854), individual counseling (Section
				  9856), and face-to-face interviews
				  (Section 9858).
(24) Provisional Approval. "Provisional approval"
				  means temporary approval for licensure of a DUI program given by the Department for
				  a period not to exceed six months, pending final approval by the
				  Department.
(25) Satellite Location.
				  "Satellite location" means a building, place, or premise used for the provision of
				  Driving-Under-the-Influence Program (DUI) services that is under the direct
				  administrative and professional supervision of a state-licensed DUI
				  program.
(26) "Significant Other" means
				  an individual who the participant designated as having a major influence or
				  importance in his/her life (e.g. spouse, domestic partner, fiancée, friend,
				  etc.)
(27) Standardized Payment
				  Schedule. "Standardized payment schedule" means a document, in accordance with the
				  requirements of Subsection
				  9878(d), which:
(A) Describes how the DUI program assesses the
				  program fee and additional fees;
(B)
				  Lists the amount of the program fee and additional fees charged by the DUI program,
				  the amount of down payment required, the amount and frequency of payments, and the
				  income levels at which the DUI program will allow the participant to pay a maximum
				  fee of no more than $5.00 per month, to pay a reduced program fee, or to extend
				  payments, in accordance with the provisions of Section
				  9878; and
(C) Contains a sample of the participant contract
				  and all forms used by the DUI program to determine the program fee, additional fees,
				  down payment, and payment schedule.
(28) Surplus. "Surplus" means the difference
				  between revenues and operating expenses in a nonprofit corporation or public
				  agency.
(29) Unit of Service. "Unit of
				  service" means each service the DUI program is required to provide pursuant to
				  Article 2 (commencing with Section
				  9848), Subchapter 3 of this Chapter
				  (e.g. enrollment, alcohol or drug assessment, educational or counseling session,
				  face-to-face interview, etc.)
(30)
				  Working Days. "Working Days" means all days that the Department is open for
				  business, excluding weekends, holidays or other designated days. For purposes of
				  these regulations, unless otherwise indicated a working day commences at 8:00 a.m.
				  and concludes at 5:00 p.m. The term working day includes the term "business
				  days."