Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 21 - Alcohol and Drug Substance Abuse Courses (ADSAC) and Assessments › Subchapter 7 - Certification of Alcohol and Drug Asssesors Related to Driver's License Revocation › Section 450:21-7-5 - Assessor responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a) ADSAC
				assessments shall be provided by individuals certified by ODMHSAS to provide
				such assessments.
(b) All fees due
				ODMHSAS shall be remitted within thirty (30) days. Any fees identified as being
				delinquent shall be paid within thirty (30) days of discovery of the omission.
(c) Certified assessors shall:
(1) Conduct assessments and based on
				assessment findings, recommend education or treatment or both;
(2) Report to the court within seventy-two
				(72) hours of completing an assessment if the court is anticipating such a
				report;
(3) Provide information in
				writing regarding state and local area education and treatment resources
				specific to the area in which the participant resides, to each individual
				assessed appropriate to the referral recommendations and, in a format
				prescribed by the Commissioner of ODMHSAS or designee;
(4) Manage and distribute all reports
				according to confidentiality laws under 42 CFR, Part 2 , as well as all 45
				C.F.R. Parts 160 & 164 (HIPAA) regulations and inform all participants that
				all contacts, evaluation results and reports are protected through federal
				confidentiality regulations under 42 CFR, Part 2 ;
(5) Assure there is no conflict of interest
				by:
(A) Referring participants to only those
				services in which the assessor has no vested interest;
(B) Providing three (3) outside referral
				options in writing for each recommended service, or as many options as
				available within a 70-mile radius; and
(C) Maintaining written assessment
				documentation pursuant to
				450:21-1-7.7(a)(3)(C).
(6) Provide liaison with court officials and
				related other agencies;
(7) The fee
				for those undergoing an assessment and evaluation as a result of their driving
				privilege being suspended or revoked pursuant to an arrest on or after November
				1, 2008 is one hundred sixty dollars ($160.00). The fee for those undergoing an
				assessment and evaluation as a result of their driving privilege being
				suspended or revoked pursuant to an arrest prior to November 1, 2008 is one
				hundred seventy five dollars ($175.00);
(A)
				Remit 10% of each fee collected for any assessment and evaluation completed as
				a result of a person's driving privilege being suspended or revoked pursuant to
				an arrest prior to November 1, 2008 to the State Treasurer to be credited to
				the Department of Mental Health and Substance Abuse Services Revolving Fund
				within thirty (30) days. No such 10% fee shall be remitted for any assessment
				and evaluation completed as a result of a person's driving privilege being
				suspended or revoked pursuant to an arrest on or after November 1, 2008.
				Completion of assessment includes payment in full by the participant for the
				assessment service; and
(B) No
				additional charges, extra fees or interest shall be attached to the assessment
				process.
(8) Explain
				possible liability and ability to pay for ODMHSAS affiliated, private and other
				education and treatment facilities;
(9) For those participants whose license was
				withdrawn due to an alcohol and drug related offense on or before June 30,
				2003, and needing to participate in the ADSAC assessment process for license
				reinstatement, as verified by DPS, the assessor shall:
(A) Verify the participant has completed the
				assessment to include payment in full;
(B) Affix the official red stamp;
(C) Provide the participant with a
				certificate of completion; and
(D)
				Report completion to the Department of Public Safety through ODMHSAS.
(10) For those
				participants whose license was withdrawn due to receiving an alcohol and drug
				related offense on or after July 1, 2003, and needing to participate in the
				ADSAC assessment process for license reinstatement, the assessor shall:
(A) Verify the participant has completed the
				ADSAC assessment to include payment in full.
(B) Verify the participant has completed all
				recommendations identified through the assessment and required for license
				reinstatement prior to affixing the official stamp;
(C) Affix the official stamp, with the stamp
				in red ink;
(D) Provide the
				participant with a certificate of completion; and
(E) Report completion to the Department of
				Public Safety through ODMHSAS;
(11) Those participants whose most recent
				offense was before September 1, 1993 should be referred to DPS to verify an
				assessment is not required.
(12)
				Provide ODMHSAS notification of those participants:
(A) Completing the initial portion of the
				ADSAC assessment through the online data entry system known as ADSAC online, or
				in a manner prescribed by the Commissioner or designee. This notification shall
				be submitted to ODMHSAS within seventy-two (72) hours upon providing the
				participant with their intervention recommendations; and
(B) Successfully completing required
				education and treatment, including the participant's name, address, date of
				birth and driver's license number through the online data entry system known as
				ADSAC online, or in a manner prescribed by the Commissioner or designee. This
				notification shall be submitted to ODMHSAS within seventy-two (72) hours upon
				verification of successful completion of all requirements.
(13) Certified ADSAC assessors must provide
				to a caller adequate information regarding the ADSAC assessment process and
				scheduling requirements. The phone number published specific for each assessor
				must be continuously available, either answered in person, answering machine,
				electronic voice mail, or a professional answering service. Numbers published
				for the purpose of ADSAC assessment and evaluation advertisement must be
				answered by individuals appropriately trained in all relevant aspects of 42
				CFR, Part 2 and HIPAA regulations;
(14) All assessors will complete a minimum of
				six (6) ADSAC assessments during each twelve (12) month period in order for
				assessor certification to remain active;
(15) Each assessor shall maintain an
				inventory of required and approved instruments sufficient to meet ODMHSAS
				requirements;
(16) Provide each
				individual assessed with information regarding all assessor certifications and
				licensures to include; name, phone number and address of the certifying or
				licensing body. If certified rather than licensed, the name of the licensed
				individual serving as supervisor with all licensures including; name, phone
				number and addresses of the licensing bodies pursuant to Oklahoma state
				statutes. Contact information for ODMHSAS, ADSAC personnel at ODMHSAS shall be
				included. All information shall be in a form prescribed by the Commissioner of
				ODMHSAS or designee;
(17) Each
				certified assessor shall notify ODMHSAS of any change of application
				information related to his or her email address, phone number, work or home
				address at least fifteen (15) days in advance of the change. In case of an
				emergency, the assessor may notify ODMHSAS of any change up to thirty (30) days
				after a change has occurred;
(18)
				For participants who have a language other than English:
(A) The participant shall be referred to an
				ADSAC assessor fluent in that language, if such as assessor is available. If no
				assessor fluent in the language is available then an interpreter shall be
				present for the entire assessment process; and
(B) If an interpreter is required, the
				interpreter shall not be younger than eighteen (18) years of age and should not
				be related to the participant.
(19) Provide assessment services only at
				sites approved by ODMHSAS;
(20)
				Report all data to ODMHSAS within thirty (30) days or as otherwise directed in
				this Chapter;
(21) Make
				recommendations based on ODMHSAS required assessment instruments;
(22) Make all recommendations based on
				current accepted placement criteria; and
(23) Preference in clinical referrals shall
				be given to institutions and organizations possessing a substance abuse
				certification from ODMHSAS, if such service is available.