PURPOSE: This rule identifies the Department of Mental Health as being responsible for the certification of Required Educational Assessment and Community Treatment programs as mandated by state statute. (1) Mission. The Missouri Required Educational Assessment and Community Treatment (REACT) program is a statewide system of comprehensive, accessible, community-based education and treatment programs designed for individuals who have been found guilty of, or pled guilty to a Chapter 195 felony drug offense. The mission of REACT is—

1. (A) To promote a drugand crime-free lifestyle;
2. (B) To provide education and/or treatment on the multi-faceted consequences of substance use;
3. (C) To explore intervention and treatment options; and
4. (D) To contribute to public health and safety in Missouri.
5. (2) Program Functions. REACT programs shall provide or arrange assessment screening; education; and treatment.

6. (3) Performance Indicators. The following are intended as examples of indicators that can be used by the department and the organization providing REACT 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 REACT such as type of offense, prior alcohol and drug offenses, prior treatment history, etc.;
   2. (B) Consistent use of screening criteria including the rate at which persons are assigned to education and treatment programs;
   3. (C) Rate at which persons successfully complete REACT;
   4. (D) Reductions in alcohol and drug offenses among those who complete REACT; and
   5. (E) Consumer satisfaction and feedback.

7. (4) Types of Programs. The department shall recognize and certify the following types of Required Educational Assessment and Community Treatment programs:

   1. (A) REACT Screening Unit (RSU) which provides assessment screening including an individualized interview, recommendation and referral for further services for those coming under the purview of section 559.630, RSMo; and
   2. (B) REACT Education Program (REP) which provides 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 future offenses.

8. (5) Requirements for Program Certification. REACT 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) The following rules and standards shall be waived for REACT 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).

1. (6) Other Requirements. Agencies certified as a Required Educational Assessment and Community Treatment shall follow the standards found in 9 CSR 30-3.200 through 9 CSR 30-3.210, unless otherwise specified in this rule. When reference is made to the Substance Abuse Traffic Offender Program (SATOP), it shall apply to the REACT program. When reference is made to SATOP Offender Management Unit (OMU), it shall apply to the RSU. When reference is made to the SATOP Offender Education Program (OEP), it shall apply to the REP.

2. (7) Assessment Screening Required. The program shall have written policies and procedures that stipulate the methods of assessment screening and the conditions under which referrals are made for further services.

   1. (A) The written policies and procedures must follow the screening guidelines outlined by the Department of Mental Health and the Department of Corrections.
   2. (B) The program shall provide assessment screening and recommendation, where appropriate, to education or treatment.
   3. (C) A program that provides assessment screening must also provide REP services.
   4. (D) A person may request and attend a REP operated by a different agency due to reasonable circumstances, such as distance, work schedule or other time factors.
   5. (E) A separate amount paid by the client shall cover the assessment screening in addition to the cost of the program.
3. (8) Qualifying Staff. A REACT program shall not employ, or sub-contract with any individual, nor themselves be currently, or within a two (2)-year period, under the supervision or jurisdiction of federal, state, county or local corrections or court system.

4. (9) Assessment Screening Process. All persons referred to REACT shall, prior to attending the education or treatment program, receive an individualized assessment screening to determine the need for treatment or education. 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 REACT Offender Assignment form and, when requested, a narrative report to the court;
   6. (F) Minimal case coordination, when appropriate, to coordinate with the courts, probation and parole, or the Department of Corrections to verify that education, rehabilitation and treatment recommendations have been completed; and
   7. (G) An assessment recommendation shall be delivered in writing to the person.

5. (10) Components of Assessment Screening. The assessment screening by the certified program shall follow basic guidelines established by the Department of Corrections (DOC).

   1. (A) All clients shall complete a valid and reliable screening instrument approved by the DOC 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 treatment 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 treatment based on minimum referral guidelines.

1. 3. Collaborative information, such as

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

1. (11) 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 used as a means of case finding for any particular treatment program or as a marketing tool for any REACT program.

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

   1. (A) REP education unless a more intense program is indicated by such factors as other alcohol/drug related arrests, screening instrument recommendations, prior alcohol/drug treatment, or other occupational, relationship, or medical problems; and
   2. (B) Persons with a serious mental illness should have their mental health treatment needs addressed before completing any REACT recommendation. A mental health evaluation should be arranged for those clients identified with serious emotional or mental health problems during the REACT assessment screening process. In order to promptly arrange the mental health evaluation, the REACT agency conducting assessment screenings must maintain a formal affiliation agreement with either a certified community mental health center, state mental health facility, licensed psychiatrist, licensed psychologist, or licensed clinical social worker. The client may resume REACT participation upon stabilization of the problem as determined by the client’s mental health provider.
3. (13) Assessment Screening Cost. The cost of the assessment screening, along with the sixty-dollar ($60) supplemental fee approved by the department, shall be paid by the client and should not be excessively greater than relative costs indicate and shall include the costs for any case coordination functions nec- 9 CSR 30-3

essary to—

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

1. (14) Notice of Program Assignment and Completion. The agency that conducts the assessment screening for offenders shall provide a REACT Offender Assignment form and a REACT Report of Offender Compliance form regarding successful completion or unsuccessful completion of the education portion of the program.

   1. (A) A referring probation and parole office shall be sent a REACT Offender Assignment form within one (1) week of the assessment screening and a REACT Report of Offender Compliance form within one (1) week of program completion.
   2. (B) A copy of the REACT Offender Assignment form and the Report of Offender Compliance form shall be sent to the Department of Mental Health.
   3. (C) A copy of the REACT Offender Assignment form and the REACT Completion Certificate shall be given to the offender.

2. (15) Treatment Programs Recognized for REACT. When the assessment screening indicates the individual’s need for treatment and rehabilitation, arrangements shall be made for the person to participate in such services. The department shall recognize the following types of treatment and rehabilitation programs for offenders:

   1. (A) Certified or Accredited Alcohol and/or Drug Treatment and Rehabilitation Programs.

3. (16) Criteria for Successful Completion of Treatment. When the assessment screening process indicates and if the person is eligible, certified alcohol and drug treatment and rehabilitation programs may also provide services for offenders. In addition, such persons who complete certified treatment programs after being charged or adjudicated for their offense but prior to their RSP screening process, may substitute participation in these treatment programs under certain conditions. In order to be recognized by REACT as successfully completing treatment, the offender must have written verification from a certified treatment and rehabilitation program that he or she has—

   1. (A) Participated as scheduled in treatment services on a residential and/or outpatient basis for a period of at least ninety (90) calendar days;
   2. (B) Substantially achieved personal recovery goals; and
   3. (C) Met any other program requirements for successful completion of treatment. Those persons presenting substance dependence with a history of multiple offenses must participate in one hundred sixty (160) hours of services during the treatment episode.

4. (17) Cost of Treatment. The offender shall be responsible for all costs related to the completion of the treatment programs referenced in or required by this rule subsequent to the RSP assessment screening.

   1. (A) All offenders shall be required to pay an initial base amount determined by the Department of Corrections before applying the Standard Means Test in accordance with 9 CSR 10-1.016.
   2. (B) The client shall be responsible for all costs related to treatment that are not reimbursed through a third-party payer, including the Department of Corrections, or the Standard Means Test process.
   3. (C) Programs may develop long-term payment plans to reasonably assist the client in paying off any outstanding balances.
5. (18) Cost of the REP Education Program. The cost shall be determined and approved by the Department of Corrections and shall be paid by the offender and shall cover the cost of the REP education program.
6. (19) Review and Approval of Costs. All REACT screening and education fees approved by the Department of Corrections shall be periodically reviewed and adjusted, if necessary, based on the best interests of the offender, society and the programs.
7. (20) Curriculum Guide. The REP program shall be conducted in accordance with the current edition of the OEP Missouri Curriculum Guide, REACT Addendum. 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.
8. (21) REACT Training Program. A certified training program must, in addition to following standards found in 9 CSR 30-3.206, provide training on REACT standards. Certified staff shall complete a written examination and demonstrate the knowledge necessary to conduct the REACT programs.
9. (22) Supplemental Fee. All REACT programs shall collect from all applicants entering the program a sixty-dollar ($60) supplemental fee which shall be in addition to any other costs that may be charged by the program. The supplemental fee shall be collected no more than one (1) time from any individual who has entered REACT, whether for assessment or for an educational program.

10. (23) Remittance of Supplemental Fees. On or before the fifteenth day of each month, program directors shall remit the total of all supplemental fees collected during the prior calendar month, less two percent (2%) which, by law, may be retained by the program to offset collection and remittance costs.

    1. (A) Remittance shall be mailed to: Correctional Substance Abuse Earnings Fund, Department of Corrections, 2729 Plaza Drive, Jefferson City, MO 65102.
    2. (B) Transfer of supplemental fees from the program to the Correctional Substance Abuse Earnings Fund shall be in the form of a single check made payable to the Correctional Substance Abuse Earnings Fund.
    3. (C) Program remittance checks shall be accompanied by a Supplemental Fee Remittance Form (to be provided by the Department of Corrections at no cost to the program) which shall list name and Social Security number of persons paying each supplemental fee being remitted.
11. (24) Documentation of Supplemental Fee Transactions. Each program shall maintain, at its principal administrative center, a single record of all supplemental fee transactions, which is separate from all other program records. This separate record will facilitate audits that may from time-to-time be conducted by the Department of Mental Health, the Department of Corrections, or the state auditor’s office. A separate program record of supplemental fee transactions shall include copies of monthly remittance forms and copies of checks forwarded to the Correctional Substance Abuse Earnings Fund.
12. (25) Acceptance of Supplemental Fees. The Department of Corrections shall accept supplemental fee remittances only from certified programs. Supplemental fee remittances, if received by the department from any agency not certified, will be returned to that agency. If an agency’s certification has been revoked, the department will only accept supplemental fee remittances that were collected prior to the date the agency’s certification was revoked. Remittances collected by the agency from clients after the date of the revocation shall not be accepted by the department. In such case, the supplemental fee must be returned to the client by the agency.
13. (26) Notice Posted. Programs shall post in places readily accessible to persons served, one (1) or more copies of a Student Notice Poster that shall be provided by the Department of Corrections at no cost to the program. Posters shall explain the statutory requirement for supplemental fees, disposition of supplemental fees, and the means by which programs collect and remit supplemental fees.
14. (27) Compliance. Failure to adhere to the stipulations, conditions, and requirements set forth in this rule shall be considered cause for revocation of program certification.

AUTHORITY: sections 559.630, 559.633, 559.635, 630.050, 630.655 and 631.010, RSMo 2000.* This rule originally filed as 9 CSR 30-3.800. Original rule filed Oct. 16, 1998, effective March 30, 1999. Moved to 9 CSR 30-3.230 and amended: Filed Feb. 28, 2001, effective Oct. 30, 2001.

*Original authority: 559.630, RSMo 1998: 559.633, RSMo, 1998; 559.635, RSMo 1998: 630.050, 1980, amended 1993, 1995; 630.655, RSMo 1980; and 631.010, RSMo 1980.