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 must 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 substance abuse professional and must have attended approved Substance Abuse Traffic Offender Program (SATOP) administrator training. In the event an administrator is also performing the duties of a Qualified Instructor (QI) or Qualified Substance Abuse Professional (QSAP), certification at the appropriate level is required.
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 SATOP 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 substance abuse 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,

       ROBIN CARNAHAN (12/31/04)*

and notice that any additional services may be received from a different provider;

1. (H) Copy of the SATOP Offender Assignment, Report of Offender Compliance, and the SATOP Completion Certificate; and
2. (I) Program evaluation completed by the client.

1. (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.
2. (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, 577.049, and 577.520, RSMo Supp. 2003 and 577.001, 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. Amended: Filed June 15, 2004, effective Jan. 30, 2005.

*Original authority: 302.304, RSMo 1961, amended 1972, 1973, 1979, 1983, 1984, 1989, 1991, 1996, 1999, 2001, 2002, 2003; 302.540, RSMo 1983, amended 1984, 1993, 1996, 2001, 2002, 2003; 577.001, RSMo 1982, amended 1986, 1996; 577.049, RSMo 1982, amended 1993, 1996, 2003; 577.520, RSMo 1987, amended 1991, 1993, 1996, 2003; 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.