PURPOSE: This rule requires a driver to complete a rehabilitation program after an arrest for driving while intoxicated or driving with excessive blood alcohol content and establishes standards for judging whether a program is comparable to Substance Abuse Traffic Offender Programs.

1. (1) Prior to reinstatement, any person whose drivers license has been suspended or revoked pursuant to sections 302.500–302.540, RSMo shall successfully complete a substance abuse traffic offender education or rehabilitation program approved by the Department of Mental Health. Completion of the program shall be accepted only if completed after the date of arrest for which the license was suspended or revoked pursuant to sections 302.500–302.540, RSMo.

2. (2) The department may waive this requirement only upon evidence of the following:

   1. (A) Completion of a comparable program as determined by the director of revenue. Completion of the program shall be accepted only if it contains professional assessment of the individual needs of the person suspended and is completed after the date of arrest for which the license was suspended pursuant to sections 302.500–302.540, RSMo; or

      1. 1. Each program must contain a profes-

sional assessment of the person and must include recommendations for a particular type or level of program based on the assessment and driving record of the person. Completion of the items and recommendations in the assessment must be demonstrated to the Department of Revenue before the program will be considered comparable to Substance Abuse Traffic Offender Programs (SATOPs). Each level of recommendation may include, but is not limited to, the following:

1. A. First Level: A ten to fifteen

(10–15)-hour education course which is de- 12 CSR 10-24

signed to assist first-time offenders in understanding the choices they made that led to their intoxication and arrest. Education must include ways to take responsibility for actions, relate the course to their lives, and make changes in their thinking, belief, and behavior;

1. B. Second Level: A program designed

primarily for repeat offenders or “high risk” first-time offenders with intensive education and counseling intervention methods throughout with at least forty-eight (48) continuous hours of structured activities. Activities must be designed to encourage the offender to confront his/her harmful behavior and take responsibility for his/her life. The program must be conducted in a restrictive environment;

1. C. Third Level: A program consisting

of intensive outpatient counseling for three to six (3–6) weeks based on the needs of the persistent or “high risk” offender. Each offender must participate in and complete a minimum of fifty (50) total hours of treatment activity consisting of individual counseling, group counseling and group education at a certified treatment facility. These programs must be certified by the appropriate agency in the state in which they are conducted and/or be accredited by the Joint Commission on Accreditation of Health Care Organization (JCAHO), the Commission on the Accreditation of Rehabilitation Facilities (CARF), or the American Osteopathic Association (AOA); and

1. D. Fourth Level: A minimum of two

hundred (200) treatment hours of either hospitalization and/or outpatient counseling for persons with alcoholism and/or drug abuse prior to or in conjunction with the assessment. These programs must be accredited by the appropriate agency in the state in which they are conducted and/or the Joint Commission on Accreditation of Health Care Organizations (JCAHO), the Commission on the Accreditation of Rehabilitation Facilities (CARF), or the American Osteopathic Association (AOA).

1. (B) Establishment of residency in another state; provided, the person has applied for a drivers license in that state.

AUTHORITY: sections 302.342 and 302.540, RSMo 1994.* Original rule filed Jan. 15, 1985, effective June 13, 1985. Amended: Filed Nov. 12, 1991, effective March 9, 1992. Amended: Filed July 2, 1992, effective Feb. 26, 1993. Amended: Filed March 9, 1995, effective Sept. 30, 1995. *Original authority: 302.342, RSMo 1991 and 302.540, RSMo 1983, amended 1984.