PURPOSE: This rule identifies the Department of Mental Health as being responsible for the certification of Substance Abuse Traffic Offender Programs as mandated by state statute.

1. (1) Mission. The Missouri Substance Abuse Traffic Offender Programs (SATOP) is a statewide system of comprehensive, accessible, community-based education and treatment programs designed for individuals arrested for alcohol and drug-related driving offenses. The mission of SATOP is to—

   1. (A) Inform and educate these drivers as to the hazards and consequences of impaired driving;
   2. (B) Promote safe and responsible decision making regarding driving;
   3. (C) Motivate for personal change and growth; and
   4. (D) Contribute to public health and safety in Missouri.
2. (2) Program Functions. Substance Abuse Traffic Offender Programs shall provide or arrange for assessment screening, education and rehabilitation.

3. (3) Performance Indicators. The following are intended as examples of indicators that can be used by the department and the organization providing SATOP to demonstrate achievement of the program’s mission and functions. Indicators can include, but are not limited to the following:

   1. (A) Characteristics of persons participating in SATOP such as blood alcohol content

4. (BAC) level, type of offenses, prior drinking and driving arrests, prior SATOP participation, etc;

   1. (B) Consistent use of screening criteria including the rate at which persons are assigned to the various types of education, intervention and treatment programs;
   2. (C) Rate at which persons successfully complete SATOP and the various types of programs available;
   3. (D) Reductions in drinking and driving among those who complete SATOP; and
   4. (E) Consumer satisfaction and feedback.

5. (4) Types of Programs. The department shall recognize and certify the following types of Substance Abuse Traffic Offender Programs:

   1. (A) Adolescent Diversion Education Programs (ADEP) which provide offender education to those persons coming under the purview of sections 577.500, 577.525, RSMo and to those under the age of twentyone (21) coming under the purview of sections 302.510, 302.540 and 577.049, RSMo;
   2. (B) Youth Clinical Intervention Programs (YCIP) which provide intervention, education, and long-term counseling for offenders who are identified through an assessment screening as having alcohol and/or other substance abuse problems and who are under the age of twenty-one (21). A Youth Clinical Intervention Program shall provide twentyfive (25) hours of therapeutic activity for each offender, including ten (10) hours designed to address the issue of drinking and driving;
   3. (C) Offender Management Units (OMU) which provide assessment screening including an individualized interview, recommendation and referral for further services for those coming under the purview of applicable sections of Chapters 302 and 577, RSMo, or by order of the court;
   4. (D) Offender Education Programs (OEP) which provide basic offender education over the course of ten (10) hours for lower risk first offenders to assist them in understanding the choices they made that led to their arrest and the resulting consequences. All persons completing this course shall develop a personal plan of action to assist them in preventing impaired driving behavior;
   5. (E) Weekend Intervention Programs (WIP) which provide specialized intervention and education for repeat offenders or offenders showing signs and symptoms of a significant substance abuse problem. A Weekend Intervention Program shall provide a minimum of twenty (20) program hours conducted over a forty-eight (48)-hour weekend;
   6. (F) Clinical Intervention Programs (CIP) which provide intervention, education, and long-term counseling for offenders who are identified through the assessment screening process as having alcohol and/or other substance abuse problems and who are not eligible for traditional residential treatment or traditional intensive outpatient services. A Clinical Intervention Program shall provide fifty (50) hours of therapeutic activity for each offender including ten (10) hours designed to address the issue of drinking and driving; and
   7. (G) SATOP Training Programs which provide regional training to persons seeking to be recognized and certified by the department as a qualified instructor, qualified substance abuse professional, or administrator within SATOP.

6. (5) Requirements for Program Certification. SATOP programs shall comply with those rules and standards listed under 9 CSR 30- 3.032 Certification of Alcohol and Drug Abuse Programs.

   1. (A) Rules under 9 CSR 10-7.120 Physical Plant and Safety shall be applicable based on the type of services provided by the program and whether services are offered to individuals and groups at the program site. In addition:

      1. 1. The program must be located in an

office, clinic or other professional setting;

1. 2. Assessment screenings must be locat-

ed in a setting which provides space for private, one-on-one interviews and ensures confidentiality. With the department’s written approval, assessment screenings may be conducted at other locations on a limited basis, if confidentiality is assured and the individual agrees to a screening at the alternate site.

1. (B) Clinical Intervention Programs (CIP) and Youth Clinical Intervention Programs (YCIP) shall meet standards under 9 CSR 30- 3.130 Outpatient Treatment and fulfill contract requirements.

   1. 1. A YCIP shall also meet standards

under 9 CSR 30-3.192 Specialized Program for Adolescents.

1. 2. The waiver of standards listed in sub-

section (5)(C) of this rule shall not apply to CIP and YCIP programs.

1. (C) The following rules and standards shall be waived for other types of SATOP programs, unless the department determines that a specific requirement is applicable due to the unique circumstances and service delivery methods of a program:

   1. 1. 9 CSR 10-7.010 Treatment Principles

and Outcomes;

1. 2. 9 CSR 10-7.030 Service Delivery

Process and Documentation;

1. 3. 9 CSR 10-7.060 Behavior Manage-

ment;

1. 4. 9 CSR 10-7.070 Medications;
2. 5. 9 CSR 10-7.080 Dietary Services;
3. 6. 9 CSR 30-3.100 Service Delivery

Process and Documentation (ADA); and

1. 7. 9 CSR 30-3.110 Service Definitions

and Staff Qualifications (ADA). 9 CSR 30-3

1. (6) Other Requirements. In addition to the requirements listed under 9 CSR 30-3.032 Certification of Alcohol and Drug Abuse Programs, the department shall use the following criteria in certifying Substance Abuse Traffic Offender Programs:

   1. (A) The department reserves the right to limit the issuance of certification in certain venue areas when it cannot be determined a need exists for the service in that venue and/or when it cannot be determined the proposed service will serve the best interest of SATOP clients in that venue.

      1. 1. Determination of need shall be at the

department’s sole discretion as the designated state authority responsible for SATOP certification.

1. 2. The determination of need shall be

based on applicable data, such as the number of DWI arrests within the proposed service area and the number of currently certified SATOP agencies within the proposed service area.

1. (B) The department must approve any new program site prior to the delivery of SATOP services at the site. The program must submit photographs and a floor plan indicating accessibility compliance for the proposed sites.
2. (C) The department reserves the right to deny certification to any SATOP program that does not provide a minimum of services to at least fifty (50) persons per year.

1. (7) Rehabilitation Programs Recognized for SATOP. When the assessment screening indicates the individual’s need for treatment and rehabilitation, arrangements should be made for the person to participate in such services.

   1. (A) The department shall recognize the following types of treatment and rehabilitation programs for alcohol and drug-related traffic offenders:

      1. 1. Certified Alcohol and/or Drug Treat-

ment and Rehabilitation Programs;

1. 2. Clinical Intervention Programs (CIP);

and

1. 3. Youth Clinical Intervention Programs

(YCIP).

1. (B) Clinical Intervention Programs (CIP) and Youth Clinical Intervention Programs (YCIP) must—

   1. 1. Meet requirements under 9 CSR 30-

3.130 Outpatient Treatment; and

1. 2. Remain in compliance with their con-

tract.

1. (8) Compliance. Failure to adhere to the stipulations, conditions, and requirements set forth in this rule shall be considered cause for revocation or denial of program certification. AUTHORITY: sections 302.540, 577.001, 577.049, 577.520, 577.525, 630.050, 630.053, 630.655 and 631.010, RSMo 2000.* This rule was originally filed as 9 CSR 30-3.700. Emergency rule filed April 22, 1983, effective May 2, 1983, expired Aug. 11, 1983. Original rule filed May 13, 1983, effective Sept. 11, 1983. Amended: Filed May 6, 1985, effective Sept. 1, 1985. Rescinded and readopted: Filed Nov. 2, 1987, effective May 15, 1988. Amended: Filed Sept. 5, 1990, effective Feb. 14, 1991. Emergency amendment filed May 3, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency amendment filed Oct. 17, 1994, effective Oct. 28, 1994, expired Feb. 24, 1995. Amended: Filed May 3, 1994, effective Nov. 30, 1994. Amended: Filed April 29, 1998, effective Oct. 30, 1998. Moved to 9 CSR 30-3.201 and amended: Filed Feb. 28, 2001, effective Oct. 30, 2001.

*Original authority: 302.540, RSMo 1983, amended 1984, 1993, 1996; 577.001, RSMo 1982, amended 1986, 1996; 577.049, RSMo 1982, amended 1993, 1996; 577.520, RSMo 1987, amended 1991, 1993, 1996; 577.525, RSMo 1987, amended 1991, 1996; 630.050, RSMo 1980, amended 1993, 1995; 630.655, RSMo 1980; and 631.010, RSMo 1980.

9 CSR 30-2.202 SATOP Administration and Service Documentation

PURPOSE: This rule establishes administrative procedures and practices in the operation of Substance Abuse Traffic Offender Programs.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) Program Administrator. An administrator shall be identified for the program.

   1. (A) The administrator shall be the individual ultimately responsible for the proper operation of the program, regardless of whether the program is operated by a probation department, another agency, or organization.
   2. (B) The administrator should be knowledgeable in the areas of fiscal management, program operation, course scheduling and court referral procedures.
   3. (C) All administrators making application for program certification must meet the educational and experiential requirements as either a qualified instructor or a qualified professional and must have attended approved Substance Abuse Traffic Offender Program (SATOP) administrator training.
2. (2) Access. The program shall be accessible to the public by maintaining reasonable business hours and ready telephone access.
3. (3) Admission. All persons referred by a court or probation and parole shall be accepted for admission. Other individuals may be accepted upon the approval of the administrator.

4. (4) Conflict of Interest. An agency which operates probation services, court supervision programs, or non-certified counseling programs must keep these functions separate and distinct from the SATOP program.

   1. (A) The agency must clearly communicate to clients that completion or the failure to complete these programs will not effect their SATOP outcome.
   2. (B) Completion of a SATOP at the agency shall not be made a condition of supervision or probation either directly or by inference.
5. (5) Notice to Clients. Written notice shall be provided to clients regarding the cost of the program, dates, times, location and requirements for successful program completion.
6. (6) Attendance Records. Attendance records shall be maintained for each session.
7. (7) Receipts. Receipts shall be issued for all client money received.

8. (8) Behavioral Expectations. The agency shall deny access to any program by a person who arrives under the influence of mood-altering substances and shall remove from any program any person who detracts from the program because of uncooperative behavior.

   1. (A) Program staff shall have the authority to deny access to and remove a client from a program. Testing of blood, breath or urine shall not be required or used in any education program.
   2. (B) A written report of the incident shall be made by the program staff and reviewed by the administrator who shall make a final disposition.
   3. (C) A person who has justifiably been denied access to or removed from a program shall not be considered to have satisfactorily completed the program.
   4. (D) A person who has justifiably been denied access to or removed from a program shall not be readmitted to that level of service without written approval by the department.

9. (9) Assessment Recommendation. The program shall have written policies and procedures which stipulate the methods of individualized assessment and the conditions under which referrals are made for further services. The written policies and procedures must follow the guidelines outlined in the current edition of the Safe and Sober Screening Manual and incorporated herein by reference. The written policies and procedures shall address the client’s right to a second opinion and procedures for judicial review, if necessary.

   1. (A) An assessment recommendation shall be delivered in writing to the person with written notice that the person is entitled to have this recommendation reviewed by a court pursuant to sections 302.304 and 302.540, RSMo.
   2. (B) A person who objects to the recommendation may file a motion in the associate division of the circuit court, on a printed form provided by the state courts administrator, to have the court hear and determine such motion.

10. (10) Resources and Referrals. A current resource directory of area self-help groups and substance abuse services shall be maintained.

    1. (A) A person who receives a recommendation for further services shall be given a list of area agencies which includes all certified programs that offer the recommended level of service.
    2. (B) The person shall sign a statement acknowledging receipt of the list. The statement shall also indicate that he or she is not required to obtain recommended services from the same agency that has conducted the individualized assessment.

11. (11) Consumer Evaluation and Satisfaction. All persons participating in a SATOP program shall be asked to complete a course evaluation.

    1. (A) Participants may be encouraged, but not required, to sign the evaluation form.
    2. (B) Evaluations shall be retained by the program for two (2) years or until completion of the next site survey, whichever is longer.
12. (12) Data Collection. The program shall cooperate with all SATOP quality assurance and data collection requirements regarding the program operation, DWI offender demographics, or other data collection that may be required by the department. Failure to submit requested information in a timely fashion may result in administrative sanction or revocation of certification.
13. (13) Master List of Clients. An agency shall keep a master list of all clients who have been admitted or enrolled in its SATOP program(s) to include: name, dates of attendance, program type and whether the client successfully completed the program.

14. (14) Client Records. An organized record shall be maintained on each person who participates in a SATOP program.

    1. (A) Records shall be stored in a manner to protect confidentiality.
    2. (B) Records shall be retained for at least two (2) years or until completion of the next site survey, whichever is longer. However, if the agency is contracted with the department, the contract requirements for retaining records shall prevail.

15. (15) Content of Client Records. Each client record shall include:

    1. (A) Dates of attendance;
    2. (B) Demographic information sufficient to complete the division’s annual report form;
    3. (C) Scored pretests and posttests measuring knowledge gain and attitude change;
    4. (D) Proper, signed release of information forms;
    5. (E) Department of Revenue driving record check;
    6. (F) Documentation of an individualized assessment screening, where required. The documentation shall include the name of the qualified professional, date, amount of time spent, summary of the screening instrument results which includes a substance use history, summary of findings, recommendation and student’s response to the recommendation;
    7. (G) Where applicable, signed acknowledgment of receiving an assessment screening recommendation, a list of referral resources, and notice that any additional services may be received from a different provider;
    8. (H) Copy of the SATOP Offender Assignment, Report of Offender Compliance, and the SATOP Completion Certificate; and
    9. (I) Program evaluation completed by the client.

16. (16) Additional Client Record Requirements for ADEP. For Adolescent Diversion Education Program (ADEP) clients who are under the age of eighteen (18) and are not emancipated, there shall be documentation showing—

    1. (A) Efforts to involve the parent or guardian in the program;
    2. (B) Results of the efforts, that is, whether the parent participated and the extent of participation; and
    3. (C) Where applicable, the parent or guardian’s view of substance use patterns and possible effects on family, social, legal, emotional, physical, financial, educational and vocational functioning.
17. (17) Compliance. Failure to adhere to the stipulations, conditions, and the requirements set forth in this rule shall be considered cause for revocation or denial of program certification.

AUTHORITY: sections 302.304, 302.540, 577.001, 577.049, 577.520, 577.525, 630.050, 630.053, 630.655 and 631.010, RSMo 2000.* This rule was originally filed as 9 CSR 30-3.730. Original rule filed Nov. 2, 1987, effective May 15, 1988. Emergency amendment filed May 3, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency amendment filed Oct. 17, 1994, effective Oct. 28, 1994, expired Feb. 24, 1995. Amended: Filed May 3, 1994, effective Nov. 30, 1994. Amended: Filed April 29, 1998, effective Oct. 30, 1998. Moved to 9 CSR 30-2.202 and amended: Filed Feb. 28, 2001, effective Oct. 30, 2001. *Original authority: 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996; 302.540, RSMo 1983, amended 1984, 1993, 1996; 577.049, RSMo 1982, amended 1993, 1996; 577.520, RSMo 1987, amended 1991, 1993, 1996; 577.525, RSMo 1987, amended 1991, 1996; 630.050, RSMo 1980, amended 1993, 1995; 630.053, RSMo 1993, amended 1995, 1996; 630.655, RSMo 1980; and 631.010, RSMo 1980.