North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 27 - MENTAL HEALTH, COMMUNITY FACILITIES AND SERVICES › Subchapter G - RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE FACILITIES AND SERVICES › Section .3800 - SUBSTANCE ABUSE SERVICES FOR DWI OFFENDERS › Section 27G .3805 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
For the purpose of the rules in this Section, the following
					 terms shall have the meanings indicated:
(1) "American Society of Addiction Medicine
				  (ASAM) Placement Criteria" means the Patient Placement Criteria for the
				  Treatment of Substance-Related Disorders, copyright 1996 by the American
				  Society of Addiction Medicine.
(2)
				  "Certified ADETS Instructor" means an individual who is certified by the
				  Division in accordance with
				  10A NCAC
				  27G .3800 ALCOHOL AND DRUG EDUCATION TRAFFIC
				  SCHOOLS (ADETS) contained in Division publication APSM 30-1 RULES FOR MENTAL
				  HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE FACILITIES AND SERVICES
				  and available at the current printing cost.
(3) "Clinical Interview" means the face to
				  face interview with a substance abuse counselor intended to gather information
				  on the client, including, but not limited to the following; demographics,
				  medical history, past and present driving offense record, alcohol concentration
				  of current offense, social and family history, substance abuse history,
				  vocational background and mental status.
(4) "Continuing Care" means an outpatient
				  service designed to maximize the recovery experience begun in more intensive
				  inpatient or outpatient treatment. As a continuation of the treatment
				  experience this service is expected to begin upon the client's discharge from
				  intensive treatment.
(5) "Division"
				  means the same as defined in
				  G.S.
				  122C-3 (hereafter referred to as
				  DMH/DD/SAS).
(6) "DMH Form 508-R
				  (DWI Services Certificate of Completion)" means the form which is used in
				  documenting the offenders completion of the DWI substance abuse assessment and
				  treatment or ADETS.
(7) "Driving
				  Record" means a person's North Carolina complete driving history as maintained
				  by the North Carolina Driver's License Division's history file, as well as
				  records in other states in which the client has resided,
(8) "DSM" means the current edition of the
				  Diagnostic and Statistical Manual of Mental Disorders of the American
				  Psychiatric Association, 1400 K Street, N.W., Washington, D.C. 20005 at a cost
				  of thirty nine dollars and ninety-five cents ($39.95) for the soft cover
				  edition and fifty four dollars and ninety-five cents ($54.95) for the hard
				  cover edition. Where used in these definitions, incorporation by reference of
				  DSM-IV includes subsequent amendments and editions of the referenced
				  material.
(9) "DWI Facility
				  Authorization Process" means the process specified in
				  10A NCAC
				  27G .3806, by which facilities are granted
				  the privilege to serve this sanctioned population.
(10) "DWI Offenses" means impaired driving as
				  described in
				  G.S.
				  20-138.1, impaired driving in a commercial
				  vehicle as described in
				  G.S.
				  20-138.2 and/or driving by person less than
				  21 years old after consuming alcohol or drugs as described in
				  G.S.
				  20-138.3.
(11) "DWI Categories of Service" means:
Level I Alcohol and Drug Education Traffic School
					 (ADETS);
Level II Short Term Outpatient Treatment;
Level III Longer Term Outpatient Treatment;
Level IV Day or Intensive Outpatient Treatment;
Level V Inpatient and/or Residential Treatment.
(12) "DWI Substance Abuse
				  Assessment" means a service provided to persons charged with or convicted of a
				  DWI offense to determine the presence or absence of a substance abuse handicap.
				  The assessment involves a clinical interview as well as the use of an approved
				  standardized test.
(13) "Facility"
				  means the term as defined in
				  G.S.
				  122C-3(14).
(14) "Interpreter" means a person who can
				  accurately provide spoken exchange between languages including idiomatic
				  differences.
(15) "Language
				  Barrier" means the situation in which a client's primary and native language is
				  not English, and staff available to the facility do not speak a language in
				  which the client is proficient.
(16) "Licensure Rules" means the rules
				  contained in
				  10A NCAC
				  27G .0100 through
				  27G .0700;
				  27G .0900 through
				  27G .5200; and .5400 through
				  .6900 of the North Carolina Administrative Code and published in Division
				  publication APSM 30-1, RULES FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND
				  SUBSTANCE ABUSE FACILITIES AND SERVICES.
(17) "Minimal Program Content" means the
				  required educational topics, learning experiences and counseling issues
				  applicable to each level of treatment (See Rule .3817 of this Section - Minimal
				  Program Content)
(18) "Notice of
				  Intent" means the initial step in the process for a licensed substance abuse
				  facility or exempt agency to be authorized to provide services to DWI offenders
				  in accordance with Rule .3806 of this Section. This written notice shall
				  declare the facility's intent to comply with applicable laws and rules and
				  shall be copied to the designated area authority as provided in
				  G.S.
				  122C-142.1(a).
(19) "Special Service Plan" means a plan for
				  persons who exhibit unusual circumstances, such as severe hearing impairment;
				  other physical disabilities, and/or concurrent psychiatric illness.
(20) "Standardized Test" means an instrument
				  approved by the Department of Health and Human Services with documented
				  reliability and validity, which serves to assist the assessment agency or
				  individual in determining if the client has a substance abuse handicap. A
				  current listing of the approved standardized tests may be obtained at no cost
				  by writing the DWI/Criminal Justice Branch, Division of MH/DD/SAS, 3008 Mail
				  Service Center, Raleigh, NC 27699-3008.
(21) "Substance Abuse Handicap" means a
				  degree of dysfunction directly related to the recurring use, abuse or
				  dependence upon an impairing substance as described in the current edition of
				  the DSM.
Authority
					 G.S.
					 122C-3;
					 122C-142.1;
					 143B-147;
Eff. April
					 1, 2001;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. July 20,
					 2019.