Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.27 - CHEMICAL DEPENDENCY PROGRAMS › Subchapter 37.27.5 - Chemical Dependency Educational Courses › Rule 37.27.502 - CHEMICAL DEPENDENCY EDUCATIONAL COURSES: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to terms defined in
				  53-24-103,
				  MCA, and ARM
				  37.27.102, the following are
				  defined:
(1) "Abuser" means the
				offender meets the DSM-IV diagnostic criteria for substance abuse.
(2) "ACT (assessment, course, treatment)
				program" means an assessment, educational course and/or referral to treatment.
				This is a three part process designed to assess, educate and to recommend
				treatment placement as appropriate for persons convicted of driving under the
				influence of intoxicating substances, UDD, MDD and third or subsequent
				MIP.
(3) "ACT curriculum manual"
				means a manual developed by department of transportation traffic safety bureau
				which specifically defines the course curriculum for the ACT program.
(4) "Aftercare" is defined in ARM
				37.27.102.
(5) "Assessment" means,
				for the purpose of this subchapter, the process of identifying and labeling
				specific conditions such as chemical abuse or dependence; and the determination
				of the appropriate level of treatment for the offender. This process is
				described in ARM
				37.27.515(1) (a) through
				(d).
(6) "Assessment/evaluation instruments" are
				those diagnostic and screening tools utilized primarily to provide information
				for the counselor to assist in making a determination of the severity of an
				offender's chemical use. A list of suggested assessment/evaluation instruments
				may be obtained from the Department of Public Health and Human Services,
				Addictive and Mental Disorders Division, P.O. Box 202951, Helena, MT
				59620-2951.
(7) "Certified chemical
				dependency counselor" means an individual meeting standards pursuant to
				53-24-204,
				MCA, and corresponding rules and regulations described in ARM 20.3.401 through
				20.3.406.
(8) "Chemically dependent"
				means the offender meets the DSM-IV criteria for substance
				dependence.
(9) "Cross-referencing"
				is a method used to determine if similar questions are answered in the same
				manner on different assessment instruments. The purpose is to discover
				consistencies and inconsistencies in an offender's answers to questions and
				assess the validity of the offender's self-report.
(10) "Continuing care" refers to the
				aftercare recommendations of the treatment provider.
(11) "Driver control" means the records and
				driver control bureau of the department of justice.
(12) "DUI" means driving under the influence
				and, for the purpose of these rules, includes violation of an offense under
				61-8-401,
				MCA.
(13) "Inpatient treatment" is
				defined in ARM
				37.27.102 and the requirements are
				found in ARM
				37.27.129 and
				37.27.130.
(14) "Intensive outpatient" is defined in ARM
				37.27.102 and the requirements are
				found in ARM
				37.27.138.
(15) "MDD" means a misdemeanor dangerous drug
				offense under
				45-2-101,
				MCA, for which completion of a dangerous drug information course is
				mandatory.
(16) "MDD program" means
				an assessment, educational course and/or referral to treatment. This is a three
				part process designed to assess, educate and to recommend treatment placement
				as appropriate for persons convicted of misdemeanor dangerous drug offense.
				Compliance with treatment recommendations will be at the discretion of the
				sentencing judge.
(17) "MDD
				curriculum" means the 8-hour course provided to those convicted of an MDD
				offense. The course may utilize the ACT curriculum manual and must include
				specific review of the misdemeanor drug laws and the harmful effects of
				dangerous drug use.
(18) "MIP
				(minors in possession) " means minors convicted of possession of an
				intoxicating substance, unlawful attempt to purchase an intoxicating substance
				under
				45-5-624,
				MCA.
(19) "MIP curriculum manual"
				means a manual developed by the department of public health and human services
				which defines the MIP course curriculum and the requirements for performing
				chemical dependency evaluations and referral to treatment.
(20) "MIP education course" means the
				community-based substance abuse information course for minors under l8 years of
				age convicted of an MIP under
				45-5-624
				or
				61-8-410,
				MCA.
(21) "Misuser/no patterns"
				means the offender does not meet the DSM-IV diagnostic criteria for either
				substance abuse or dependence.
(22)
				"Monitoring" is a process to ensure compliance with continuing care
				recommendations for second or subsequent offenders.
(23) "Offender" means a person convicted of
				DUI/per se/UDD, MIP, or a dangerous drug misdemeanor and sentenced to complete
				a chemical dependency educational course provided by a state approved program
				and/or treatment provided by a certified chemical dependency
				counselor.
(24) "Outpatient" is
				defined in ARM
				37.27.102 and the requirements are
				found in ARM 37.27.138.
(25) "Per
				se" means for the purpose of this subchapter, violating the provisions of
				61-8-406,
				MCA, operation of vehicle by a person with alcohol concentration of 0.10 or
				more.
(26) "UDD" means underage
				drinking and driving, the operation of a vehicle by a person under the age of
				21 with an alcohol concentration of 0.02 or more. For the purpose of these
				rules, this includes violation of an offense under
				61-8-410,
				MCA.
(27) "Unidentified" means the
				offender did not complete the assessment or exhibited a level of denial that
				made diagnosis impossible.
Sec.
					 53-24-204
					 and
					 53-24-208,
					 MCA; IMP, Sec.
					 53-24-204,
					 53-24-208 and
					 61-8-401,
					 MCA;