Kentucky Administrative Regulations › Title 908 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR DEVELOPMENTAL HEALTH, DEVELOPMENTAL AND INTELLECTUAL DISABILITIES › Chapter 1 - Substance Abuse › Section 908 KAR 1:310 - Certification standards and administrative procedures for driving under the influence programs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				189A.010,
				189A.040,
				189A.045,
				189A.070,
				222.003,
				222.005,
				222.221,
				222.231,
				222.271,
				222.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				189A.040(6) requires the
				Cabinet to promulgate administrative regulations to prescribe standards for the
				licensing and operation of the alcohol or substance abuse education and
				treatment facilities and programs that provide assessment, education, and
				treatment services to offenders convicted of driving under the influence
				pursuant to
				KRS
				189A.010. This administrative regulation
				establishes certification requirements and minimum standards for an individual
				or other entity operating a DUI program.
Section
			 1. Definitions.
(1) "Accredited
			 college or university" means an institution listed in the most recent College
			 Handbook published by College Board Publications, P.O. Box 886, New York, New
			 York 10023-0886.
(2) "Affidavit of
			 indigency" is defined by
			 KRS
			 31.120(3).
(3) "Alcohol and other drug-free work place"
			 means a program's policy to:
(a) Prohibit the
			 unlawful manufacture, distribution, possession, or use of a controlled
			 substance; and
(b) Establish the
			 disciplinary action to be taken if the policy is violated.
(4) "Assessment" means a procedure
			 administered to an individual convicted of DUI that includes the administration
			 of the PC-based or the online Kentucky DUI Assessment Instrument, a clinical
			 interview, a determination by the assessor of a client's needs, a discussion of
			 available options, and referral to services that provide an appropriate level
			 of care in relation to the client's needs.
(5) "Cabinet" is defined by
			 KRS
			 222.005(4) and means the
			 Office of Inspector General, Cabinet for Health and Family Services, 275 East
			 Main Street, Frankfort, Kentucky 40621.
(6) "Case coordination" means the monitoring
			 of a client's progress, including consultation with other service providers and
			 the court, to ensure the coordination of a client's services from assessment to
			 completion.
(7) "Certification"
			 means the process by which the division recognizes and authorizes a program,
			 assessor, or instructor to provide services to a client convicted of
			 DUI.
(8) "Certified alcohol and
			 drug counselor" is defined by
			 KRS
			 309.080(2).
(9) "Certified assessor" means an individual
			 who has been trained and approved by the division to evaluate the needs of a
			 client and to recommend appropriate services by conducting assessments in a DUI
			 program.
(10) "Certified
			 instructor" means an individual who has been trained and approved by the
			 division to provide education services in a DUI program.
(11) "Certified program" means a public or
			 private entity approved by the division to deliver assessment, education, or
			 treatment services to a client convicted of DUI.
(12) "Client" means an individual who
			 receives services in a DUI program.
(13) "Clinical services supervisor" means an
			 individual responsible for monitoring and directing assessment and treatment
			 services and providing consultation and instruction to clinical
			 staff.
(14) "Conflict of interest"
			 means a private relationship exists between a client and a program that will
			 result in:
(a) A conflict between the
			 program's interests and the interests of the client; or
(b) A situation in which a program's personal
			 or financial interest conflicts with professional responsibility.
(15) "Court" means the court in
			 which the client was convicted of DUI.
(16) "Courtnet disposition system" means a
			 statewide database maintained by the Kentucky Administrative Office of the
			 Courts that contains criminal conviction data from both state and local law
			 enforcement agencies in Kentucky.
(17) "Detoxification" means a twenty-four
			 (24) hour medical or nonmedical program providing:
(a) Supervised management of physical and
			 psychological withdrawal symptoms from a substance to which an individual has
			 been addicted or abusing; and
(b)
			 An assessment of the individual's need for further care or referral to
			 appropriate resources.
(18) "Division" means the Division of
			 Behavioral Health, Department for Behavioral Health, Developmental and
			 Intellectual Disabilities, Cabinet for Health and Family Services, 275 East
			 Main Street, Frankfort, KY 40621.
(19) "DUI" means driving under the influence
			 of alcohol or other drugs in violation of
			 KRS
			 189A.010.
(20) "DUI services" means assessment,
			 education, or treatment services provided to a client convicted pursuant to
			 KRS
			 189A.010.
(21) "Education" means a curriculum approved
			 by the division that provides information about the risks of alcohol and other
			 drugs.
(22) "Education agreement"
			 means a written plan outlining what a client referred for education is required
			 to complete to satisfy the program's requirements.
(23) "Enrollment" means the act of
			 registering at a certified DUI program and receiving an assessment.
(24) "Facility" means the physical area
			 including the grounds and building in which a program delivers
			 services.
(25) "Fee agreement"
			 means a written statement of charges to a client for services delivered by a
			 program that specifies the arrangements for payment of the fees.
(26) "First offender" means a person who was
			 convicted of a first offense under
			 KRS
			 189A.010(5)(a).
(27) "Immediate danger" means a condition in
			 the program which could or has caused death or serious physical
			 injury.
(28) "Indigent person" is
			 defined by
			 KRS
			 31.100(3).
(29) "Inpatient" means a hospital-based
			 residential service provided postwithdrawal, to an individual with a primary or
			 secondary diagnosis of alcohol or other drug abuse or dependency that is
			 designed to reduce or eliminate alcohol or other drug abuse behavior and
			 dependency.
(30) "Intensive
			 outpatient" means a structured comprehensive program of individual and group
			 therapeutic activities delivered in a nonresidential setting, where a client is
			 assisted in recovery from alcohol or other drug abuse on a scheduled and
			 intense basis.
(31) "Location code"
			 means a six (6) digit number issued by the United States Department of Health
			 and Human Services, Substance Abuse and Mental Health Services Administration
			 to each of a program's facilities.
(32) "Means test" means an objective method
			 used by a program to determine a client's income and resources to evaluate a
			 client's ability to pay for services received.
(33) "Memorandum of understanding" means a
			 written agreement between two (2) programs that outlines the duties and
			 responsibilities of a program regarding a client referral that remains in
			 effect until one (1) of the programs terminates the agreement in
			 writing.
(34) "Multiple offender"
			 means a person who was convicted of a second, third or subsequent offense under
			 KRS
			 189A.010.
(35) "Off the grounds" means a facility is
			 separated from another facility by a public road.
(36) "Outpatient" means individual and group
			 therapeutic activities assisting a client in recovery from alcohol or other
			 drug abuse, provided in a nonresidential setting on a scheduled and unscheduled
			 basis.
(37) "Plan of correction"
			 means a program's written plan, including the planned correction and a date
			 when a correction will be made, that is submitted to the division by a program
			 if deficiencies are cited by the division in a program review.
(38) "Program administrator" means an
			 individual, or the designee of the individual, in charge of the operation of a
			 program who is responsible for the services provided in a program and who has
			 responsibility for determining if a client satisfactorily completes the
			 required services.
(39) "Program
			 code" means an alphanumeric identifier that is issued to a program by the
			 division at the time a program is certified.
(40) "Progress note" means a written entry in
			 a client's record to document client contacts, the delivery of services, and
			 how the goals of a client's treatment plan are being addressed.
(41) "Regional program manager" means an
			 individual responsible for the management of a program's county offices if a
			 program operating statewide has multiple county locations.
(42) "Residential" means a set of organized
			 and intensive individual and group therapeutic activities, provided in a
			 twenty-four (24) hour setting, which assists a client in recovering from
			 alcohol or other drug abuse.
(43)
			 "Residential transitional living" means a therapeutic group setting, in which:
(a) Counseling is provided either on site by
			 staff or off site; and
(b) A
			 client:
1. Resides twenty-four (24) hours a
			 day; and
2. Makes a social and
			 vocational adjustment prior to returning to family or independent living in the
			 community.
(44) "Revocation" means withdrawal by the
			 division of a program's or an individual's right to deliver services to a
			 client convicted of DUI.
(45)
			 "Self-help group" means activities provided in a self-directed peer group
			 setting, for a person recovering from alcohol or other drug abuse or the
			 effects of another person's alcohol or other drug abuse, in which support and
			 direction in achieving or maintaining an alcohol and drug-free lifestyle or in
			 learning to cope with a problem related to another person's alcohol or other
			 drug abuse is provided.
(46)
			 "Sliding fee scale" means a program's formula for providing a service to a
			 client at a rate lower than the program's maximum published fee.
(47) "Treatment" is defined by
			 KRS
			 222.005(14).
(48) "Treatment plan" means the written
			 product of the process by which a client and a clinician identify and rank a
			 client's problems needing resolution, establish agreed-upon immediate and
			 long-term specific and measurable goals, and decide on a treatment process and
			 the resources to be utilized.
(49)
			 "Twenty (20) hour education" means an education curriculum:
(a) For first offenders assessed as low risk,
			 that do not have an alcohol or other drug problem requiring treatment;
			 or
(b) As a supplement to treatment
			 for a first or multiple offender assessed as needing treatment.
(50) "Uniform citation" is defined
			 by
			 KRS
			 431.450.