PURPOSE: This rule establishes basic requirements and structure for Substance Abuse Traffic Offender Programs including the assessment screening and referral process.

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 Functions. The program shall provide education, assessment screening and recommendation and, where appropriate, referral for further services.

   1. (A) A program which provides assessment screening must also provide Offender Education Program (OEP) services.
   2. (B) A person may request and attend any program operated by a different agency due to reasonable circumstances, such as distance, work schedule or other time factors.
   3. (C) A separate amount paid by the client shall cover the assessment screening in addition to the cost of the program.

2. (2) Assessment Screening Process. All persons referred to Substance Abuse Traffic Offender Programs shall, prior to attending the education or rehabilitation program, receive an individualized assessment screening. The assessment screening is a process by which individuals are evaluated and recommended to the most appropriate level of service, either education or intervention or treatment, based on criteria established by the department and the clinical judgement of the qualified substance abuse professional. The assessment screening process shall include:

   1. (A) Demographic data collection;
   2. (B) A standardized screening instrument;
   3. (C) A face-to-face individualized assessment screening interview;
   4. (D) A legible hand-printed or typewritten screening report;
   5. (E) Completion of the SATOP Offender Assignment form and, when requested, a narrative report to the court;
   6. (F) Completion of the SATOP Completion Certificate to the court; and
   7. (G) Minimal case coordination, when appropriate, to coordinate with the courts, probation and parole, or the Department of Revenue (DOR) to verify that education, rehabilitation and treatment recommendations have been completed.

3. (3) Components of Assessment Screening. The assessment screening by the certified program shall follow basic guidelines established by the department.

   1. (A) All clients shall complete a valid and reliable screening instrument approved by the department to identify problem users. The screening instrument shall be standardized, consistent statewide, and interpreted by certified qualified substance abuse professionals who are properly supervised and trained in the use of the screening device.

   2. (B) All clients shall have an individualized assessment screening interview conducted by a qualified substance abuse professional.

      1. 1. The individualized assessment

screening shall determine the extent of the problem (or lack of a problem) and the level or type of rehabilitation or education services needed.

1. 2. The assessment screening shall

include, but not be limited to, a screening instrument summary including a substance use history, prior treatment history, summary of findings and a recommendation for either education or rehabilitation based on minimum referral guidelines.

1. 3. The assessment screening report

shall be accompanied by a DOR driving record and blood alcohol content (BAC) at time of arrest.

1. 4. Collaborative information, such as

previous treatment information and contacting significant others, may be obtained with proper authorization when appropriate.

1. 5. The assessment screening shall

be valid for six (6) months after the date of the initial screening for each alcoholor drug-related traffic offense. The client must enroll in the assigned education or treatment program within six (6) months of the initial screening. The client’s record may be closed after the six (6)-month period expires if the client has been notified by mail or by phone at least thirty (30) days prior to the closing. The notification must be documented in the client’s record.

1. (4) Quality Recommendations. The program must develop assessment screening recommendations that are—

   1. (A) Impartial and solely based on the needs of the offender and the welfare of society; and
   2. (B) Never be used as a means of case finding for any particular rehabilitation program or as a marketing tool for any SATOP program.

2. (5) Referral Guidelines. The program must base the assessment screening recommendation for each person on the following referral guidelines:

   1. (A) 1st Offense—OEP/ADEP education unless a more intense program is indicated by such factors as the blood alcohol content at the time of arrest, other alcohol/drug-related arrests, screening instrument recommendations, prior alcohol/drug treatment, or other occupational, relationship, or medical problems;
   2. (B) 2nd offense—WIP unless a more intense program is indicated by such factors as the blood alcohol content at the time of arrest, other alcohol/drug-related arrests, screening instrument recommendations, prior alcohol/drug treatment, or other occupational, relationship, or medical problems;
   3. (C) 3rd offense—Clinical Intervention Program (CIP) unless a more intense program is indicated by such factors as the blood content at the time of arrest, other alcohol/drug-related arrests, screening instrument recommendations, prior alcohol/drug treatment, or occupational, relationship, or medical problems; and
   4. (D) Multiple offenses with substance dependence—Residential treatment, day treatment or hospitalization. The treatment programming at this level must meet or exceed one hundred sixty (160) continuous hours per treatment episode. Offenders presenting for SATOP services having multiple alcoholor drug-related traffic offenses with substance dependence may be court ordered to this level. Other SATOP clients may voluntarily admit themselves to treatment facilities provided they meet the appropriate admission criteria for substance dependence.
   5. (E) Exceptions to these referral guidelines shall be permitted with departmental approval.
   6. (F) Persons with a serious mental illness should have their mental health treatment needs addressed before completing any SATOP recommendation. A mental health evaluation should be arranged for those clients identified with serious emotional or mental health problems during the SATOP assessment screening process. In order to promptly arrange the mental health evaluation, a SATOP conducting assessment screenings must maintain a formal affiliation agreement with either a certified or accreditated mental health program or a licensed mental health practitioner. The client may resume SATOP participation upon stabilization of the problem as determined by the client’s mental health provider.

3. (6) Assessment Screening Cost. The cost of the assessment screening, along with the supplemental fee, approved by the department shall be borne by the client and should not be excessively greater than relative costs indicate and shall include the costs for any case coordination functions necessary to—

   1. (A) Monitor the client’s progress in either education or a treatment and rehabilitation program; and/or
   2. (B) Coordinate with the courts, or probation and parole.

4. (7) Notice of Program Assignment and Completion. The agency shall provide a SATOP Offender Assignment form, a SATOP Completion Certificate, and, where applicable, a Notice of Offender Compliance. The SATOP Completion Certificate shall be issued within one (1) week of receiving the Notice of Offender Compliance in the event the offender received the education course at another agency.

   1. (A) A referring court or probation and parole office shall be sent a SATOP Offender Assignment form within one (1) week of the assessment screening and a SATOP Completion Certificate within one (1) week of program completion.
   2. (B) A copy of the Notice of Offender Compliance form shall be sent to the Offender Management Unit within seven (7) days of an individual’s participation in a program.
   3. (C) The Department of Revenue shall be sent a SATOP Completion Certificate within one (1) week of program completion, when applicable.
   4. (D) A copy of the SATOP Offender Assignment form and the Notice of Offender Compliance form shall be sent to the Department of Mental Health.
   5. (E) A copy of the SATOP Offender Assignment form and the SATOP Completion Certificate shall be given to the individual and, where applicable, to the parent or guardian.

5. (8) Prior and Persistent Offenders. The department shall recognize three (3) types of treatment and rehabilitation programs for prior or persistent substance abuse traffic offenders.

   1. (A) As used in SATOP rules, the terms prior and persistent offender shall mean—

      1. 1. Prior offender, a person who has a

prior history of one (1) intoxication related traffic offense committed within five (5) years of the most recent offense for which the person is charged; and

1. 2. Persistent offender, a person who has

a prior history of three (3) or more intoxication related traffic offenses committed at different times within ten (10) years of a previous alcohol and/or drug related traffic offensive conviction.

1. (B) The following types of treatment and rehabilitation programs shall be recognized for prior or persistent offenders:

   1. 1. Clinical Intervention Program (CIP);
   2. 2. Youth Clinical Intervention Program

(YCIP); and

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

ment and Rehabilitation Programs.

1. (9) Criteria for Comparable Programs for Persons Domiciled in Missouri. Persons domiciled in Missouri must complete a Missouri SATOP or Missouri comparable program. When the assessment screening process indicates and if the person is eligible, a certified or recognized accredited alcohol and drug treatment and rehabilitation program may provide services for offenders. In order to be recognized by SATOP as minimally complying with SATOP requirements, the offender must have written verification from a certified or recognized accredited treatment and rehabilitation program that he or she has participated in and successfully completed a minimum of one hundred twenty (120) hours of treatment during a period of no less than thirty (30) calendar days. Documentation of 9 CSR 30-3

completion of a comparable program must be documented by the provider of treatment services on the department approved form. Services shall include the following:

1. (A) A minimum of forty (40) hours of individual and/or group counseling; and
2. (B) The remaining hours must include any combination of the following: driver related education, individual counseling, group education, group counseling, and family therapy.
3. (C) Individuals who complete approved programs at recognized treatment and rehabilitation programs may present documentation of such completion to an OMU. A subsequent SATOP screening is not required. The OMU will complete the Notice of Offender Assignment, Notice of Offender Compliance and SATOP Completion Certificate for those individuals. A supplemental fee must be collected for these individuals.
4. (D) Individuals who complete approved programs outside of the state of Missouri may submit a SATOP Comparable Program Completion Form to the Department of Mental Health. Upon approval of the program, notification will be provided to the Department of Revenue that the program has met SATOP requirements for license reinstatement.

1. (10) Criteria for Comparable Programs for Persons Domiciled Outside of Missouri. When the assessment screening process indicates and if the person is eligible, a certified or recognized accredited alcohol and drug treatment and rehabilitation program may provide services for offenders. In order to be recognized by SATOP as minimally complying with SATOP requirements, the offender must have written verification from a certified or recognized accredited program that an assessment was conducted and the offender participated in and successfully completed the recommended level of service that would satisfy the requirements of that state or jurisdiction for a person convicted of a substance abuse traffic offense in that state or jurisdiction.

2. (11) Cost of Treatment. The client, including those participating in comparable programs, shall be responsible for all costs related to the completion of the treatment and rehabilitation programs referenced in or required by this rule.

   1. (A) All clients shall be required to pay an initial base amount determined by the department before applying the department’s Standard Means Test in accordance with 9 CSR 10-1.016.
   2. (B) The client shall be responsible for all costs related to treatment which are not reimbursed through a third-party payer or the department’s Standard Means Test process.
   3. (C) Programs may develop long-term payment plans to reasonably assist the client in paying off any outstanding balances.
3. (12) Cost of SATOP. The cost for SATOP program shall be determined and approved by the department and shall be paid by the client and shall cover the cost of the program. Programs may not charge clients fees which are not specifically outlined in the agreement or contract with the department unless prior authorization is granted.
4. (13) Hours of Participation. The OEP/ADEP program shall provide at least ten (10) hours of education. The WIP program shall provide at least twenty (20) hours of education and intervention services.
5. (14) Curriculum Guides. The OEP program shall be conducted in accordance with the current edition of the OEP Missouri Curriculum Guide. The ADEP program shall be conducted in accordance with the current edition of the ADEP Missouri Curriculum Guide. The WIP program shall be conducted in accordance with the current edition of the WIP Missouri Curriculum Guide. A program must specifically request and obtain approval from the division before deviating in any manner from the content and methods in the applicable Missouri Curriculum Guide as incorporated herein by reference.

6. (15) Meals and Breaks. Ample time shall be provided for breaks and meals, where appropriate.

   1. (A) No class shall continue for more than two (2) hours without a break.
   2. (B) The time for breaks shall not be counted toward the required hours of education.
   3. (C) Break time should not exceed more than five (5) minutes per classroom hour of education.
   4. (D) Break time should not be used at the beginning or the end of the classroom session.

7. (16) Length of Educational Sessions. The OEP/ADEP education component shall be conducted in at least two (2) calendar days.

   1. (A) No OEP/ADEP session shall last more than six (6) hours, not including breaks.
   2. (B) No session may begin before 8:00 a.m. or end after 11:00 p.m.

8. (17) Use of Instructional Aids. Instructional aids shall be utilized.

   1. (A) Aids may include, but are not limited to, films, videotapes, worksheets and informational handouts.

   2. (B) Films and videotapes shall not comprise more than twenty percent (20%) of the educational component. Audiovisual instructional aids must—

      1. 1. Produce a clear image when projected

on a clear surface;

1. 2. Utilize a television monitor at least

twenty-five inches (25") in diameter;

1. 3. Utilize high quality videotapes or

films; and

1. 4. Allow all participants to have an

unobstructed view.

1. (18) Guest Speakers. Use of guest speakers shall not comprise more than twenty percent (20%) of the educational component.

2. (19) Maximum Number of Persons in Educational Sessions. Program size shall provide an opportunity for client participation.

   1. (A) It shall be usual and customary practice for each OEP/ADEP educational session to have no more than thirty (30) clients in order to promote discussion and participation.
   2. (B) Parents, guardians or significant others who may attend a session or part of a session are not included in the figure of thirty (30) clients.

3. (20) Criteria for Successful Completion of SATOP Programs. Successful completion requires that the client shall—

   1. (A) Be free of the influence of mood-altering substances at every session;
   2. (B) Attend all sessions on time;
   3. (C) Attend sessions in their proper sequence unless the instructor approves an alternate sequence;
   4. (D) Complete all assignments and cooperatively participate in all class activities;
   5. (E) Pay all fees; and
   6. (F) Complete and sign all required forms.

4. (21) WIP Requirements. In addition to the basic requirements for OEP/ADEP programs, WIP programs shall—

   1. (A) Be conducted in accordance with the applicable Missouri Curriculum Guide for WIP;
   2. (B) Be conducted in a supervised environment approved by the division during a fortyeight (48)-hour weekend;
   3. (C) Provide a minimum of twenty (20) hours of education and intervention;

   4. (D) Provide meals and appropriate sleeping arrangements.

      1. 1. Sleeping arrangements should not

exceed four (4) persons per room. Waivers for sleeping arrangements may be granted in some instances for programs operated through correctional or detention facilities;

1. 2. Agencies must provide documenta-

tion that individuals preparing or handling meals for the Weekend Intervention Program meet state, county, or city regulations related to the handling of food;

1. (E) Conduct small group breakout discussion and intervention sessions which shall be facilitated by at least one (1) qualified substances abuse professional per twelve (12) clients. In the event two (2) professional staff co-facilitate a small group, one (1) of the staff may be a qualified instructor or an associate counselor if the group size does not exceed twenty-four (24) clients;
2. (F) Not exceed thirty (30) clients per staff member in large group education lectures and films;
3. (G) Conduct a medical screening on each participant using the DMH 8618 Non-Emergency Medical Evaluation Checklist; and
4. (H) Complete a comprehensive assessment on each participant including a legal, social, occupational, physical, psychological, financial, and alcohol/drug problem assessment.

1. (22) WIP Drug Testing. WIP programs may use breath or urine testing when alcohol or other drug usage is suspected, but cannot otherwise be verified, during the course of the WIP weekend. A written report of the incident shall be made by the WIP staff and reviewed by the WIP program director who will make the final decision as to the client suitability for continuation in the program. Random breath or urine testing shall not be used.
2. (23) WIP Cost. The cost of the WIP program may be partially offset for some clients by the department, provided funds are available and the person is in need of assistance by meeting the eligibility criteria based on the department’s Standard Means Test. These offenders shall be required to pay the basic cost of SATOP in addition to any partial offset towards the cost of the WIP program.
3. (24) Review and Approval of Costs. The cost for all SATOP programs approved by the department shall be periodically reviewed and adjusted, if necessary, based on the best interests of clients, society and the programs.

4. (25) Certification of SATOP Training Programs. The department shall certify regional training programs. A certified training program must:

   1. (A) Provide all of the basic core functions of SATOP;
   2. (B) Develop an individualized training plan for each person in training;
   3. (C) Assign a trainer to each person in training;
   4. (D) Provide the opportunity for direct program observation of each program activity by each person in training; and
   5. (E) Maintain full compliance with certification standards.

5. (26) Training Content. Training shall include, but not be limited to, the following:

   1. (A) Review of certification standards;
   2. (B) Basic agency management;
   3. (C) Characteristics of DWI offenders;
   4. (D) Assessment procedures including the individualized interview and use of the screening instruments;
   5. (E) The principles and techniques of classroom management;
   6. (F) The principles and techniques of adult learning;
   7. (G) Orientation to the appropriate curriculum guide;
   8. (H) Review of the referral process and treatment resources;
   9. (I) SATOP personnel requirements; and
   10. (J) Professional ethics.
6. (27) Program Observation Required. Training shall include direct observation of a program conducted by a qualified trainer at a certified training program. The term qualified trainer is used to describe a qualified substance abuse professional who has experience in providing two hundred forty (240) hours of ADEP, OEP or WIP.
7. (28) Written Examination. Certified staff shall complete a written examination and demonstrate the knowledge necessary to conduct the Alcohol and Drug Education Program (ADEP) or the appropriate Substance Abuse Traffic Offender Program (SATOP).
8. (29) Cost of Training. The cost of training shall be determined and approved by the department. For each trainee who successfully completes the applicable training requirements, including payment of training cost, the training program shall notify the department within ten (10) days of the successful completion.
9. (30) Availability of Training. Training must be accessible to all trainees on a regular and ongoing basis. The training program shall have the capability to admit each applicant within thirty (30) days after the applicant’s initial request for training.
10. (31) Termination of a Training Program. The training program or the department may terminate the training program by giving ninety
11. (90) days written notice to the other party.
12. (32) 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, 577.049 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 30-3.760. Original rule filed Nov. 2, 1987, effective May 15, 1988. Emergency amendment filed April 20, 1988, effective May 15, 1988, expired Aug. 31, 1988. Amended: Filed April 20, 1988, effective Aug. 31, 1988. Amended: Filed July 6, 1992, effective Feb. 26, 1993. 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 30-3.206 and amended: Filed Feb. 28, 2001, effective Oct. 30, 2001. Amended: Filed March 8, 2002, effective Sept. 30, 2002. Amended: Filed July 29, 2003, effective March 30, 2004. Amended: Filed June 15, 2004, effective Jan. 30, 2005.

*Original authority: 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; RSMo 1980, amended 1993, 1995; 630.053, RSMo 1993, amended 1995, 1996; 630.655, RSMo 1980; and 631.010, RSMo 1980.