PURPOSE: This rule describes the personnel policies, staff qualifications and training requirements in Substance Abuse Traffic Offender Programs and establishes specific policies and procedures for the revocation or suspension of certified personnel.

1. (1) Qualifications of Staff. The program shall have qualified staff.

   1. (A) Assessments shall be done by qualified substance abuse professionals. 9 CSR 30-3
   2. (B) Educational activities shall be done by qualified substance abuse professionals or by qualified instructors.

   3. (C) A qualified instructor is a graduate of an accredited college or university with a bachelor’s degree in counseling, criminal justice, education, psychology, social work or closely related field or a person designated as a Registered Alcohol and Substance Abuse Counselor (RASACII) by the Missouri Substance Abuse Counselors Certification Board, Inc. who is knowledgeable about substance abuse, as evidenced by either—

      1. 1. Nine (9) semester hours directly

related to substance abuse;

1. 2. One hundred forty-four (144) contact

hours of continuing education directly related to substance abuse; or

1. 3. One (1) year of full-time paid

employment experience in the prevention, treatment or rehabilitation of substance abuse. Applicability of full-time experience shall be defined in the SATOP Personnel Training and Certification Information Guide.

1. (D) Staff who conduct education and assessment must—

   1. 1. Not have had a suspension or revoca-

tion of their drivers’ licenses within the preceding two (2) years;

1. 2. Not have received a citation or have

been charged with any state or municipal alcoholor drug-related offense within the preceding two (2) years, except when found not guilty in a court of competent jurisdiction;

1. 3. Not have allowed the use of alcohol or

other drugs to interfere with the conduct of their SATOP duties;

1. 4. Successfully complete SATOP train-

ing offered or approved by the division;

1. 5. Meet criminal record review require-

ments specified in 9 CSR 10-5.190; and

1. 6. Be certified by the division prior to

their employment as meeting requirements as a qualified instructor or qualified substance abuse professional.

1. (2) Certification of Staff. Individuals certified by the division shall continue to meet all applicable standards and requirements as a condition of their certification.

   1. (A) The division may issue certification for a maximum of three (3) years.
   2. (B) Renewal of certification may be obtained by submitting a satisfactorily completed application for certification and verification of a total of fifteen (15) hours of continuing education or training in the substance abuse field during the prior certification period. Continuing education or training must address prevention, education, or specific counseling techniques directly related to the drinking driver or persons with substance abuse problems. A sixty dollar ($60)-renewal fee must accompany the renewal application.
   3. (C) Any administrator of a certified education program or related rehabilitation program and any individual certified by the division has the duty to report the suspected failure of any individual to meet applicable standards and requirements.

   4. (D) Complaints or allegations against individuals working in SATOP programs that the division may investigate include, but are not limited to:

      1. 1. Failure to meet personnel require-

ments under this rule;

1. 2. Violations of client rights under 9

CSR 30-3.202;

1. 3. Fraudulent or false reporting to the

division, Department of Revenue, courts or other agency;

1. 4. Performance of duties for which the

individual is not certified;

1. 5. Conviction, plea of guilty or sus-

pended imposition of sentence for any felony or alcoholor drug-related offense; and

1. 6. Failure to cooperate in any investiga-

tion by the division.

1. (E) The division may reprimand, suspend or revoke the certification of any individual who fails to meet standards and requirements or who fails to report suspected violations of those standards and requirements.
2. (F) Suspension or revocation of certification may be appealed to the director of the Department of Mental Health within thirty

1. (30) days after receiving notice of that action. The director shall conduct a hearing under procedures set out in Chapter 536, RSMo and issue findings of fact, conclusions of law and a decision which shall be final. If the suspension or revocation involves an allegation of client abuse or threat toward client safety, the department may make a determination to remove the staff person from direct client contact until the hearing is conducted and a disposition is made by the hearing officer.

   1. (G) An individual whose certification has been revoked cannot reapply for certification until two (2) years have lapsed. The department’s review of a future application will take into consideration the circumstances which led to revocation.
2. (3) SATOP Training. Staff with responsibilities for the administration, education or assessment functions of the program, or a combination of these, shall complete a training program offered or approved by the division. Staff may be employed in more than one
3. (1) type of program, when training specific to each type has been completed and the staff member has been appropriately certified by the division.

4. (4) Guest Speakers and Volunteers. A program which utilizes guest speakers or volunteers shall have written policies and procedures for their recruitment, selection, training, supervision, dismissal and compensation, where applicable.

   1. (A) The program shall maintain a roster of all approved guest speakers or volunteers and a description of the duties or tasks of each.
   2. (B) Guest speakers shall not be considered instructors for the purpose of these rules.
   3. (C) At no time shall a guest speaker or volunteer assume sole responsibility for the class.
5. (5) Compliance. Failure to adhere to stipulation, conditions, and requirements set forth in this rule shall be considered cause for revocation or denial of program certification.
6. (6) Form number MO 650-2934 is included herein. 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 originally filed as 9 CSR 30- 3.750. Original rule filed Nov. 2, 1987, effective May 15, 1988. Amended: Filed Oct. 2, 1990, effective Feb. 14, 1991. Emergency amendment filed May 3, 1994, effective July 1, 1994, expired Oct. 28, 1994. Amended: Filed May 3, 1994, effective Nov. 30, 1994. Emergency amendment filed Oct. 17, 1994, effective Oct. 28, 1994, expired Feb. 24, 1995. Amended: Filed Oct. 17, 1994, effective April 30, 1995. Amended: Filed April 29, 1998, effective Oct. 30, 1998. Moved to 9 CSR 30-3.204 and amended: Filed Feb. 28, 2001, effective Oct. 30, 2001.

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