Oklahoma Administrative Code (Last Updated: March 11, 2021) |
TITLE 450. Department of Mental Health and Substance Abuse Services |
Chapter 22. Certification of Alcohol and Drug Assessment and Evaluations Related to Driver's License Revocation |
SECTION 450:22-1-10. Participant evaluation
Latest version.
- (a) The assessment and evaluation of the participant shall be as comprehensive as possible. ADSAC assessors shall not conduct any portion of the assessment process or provide any evaluation services on more than one participant at a time. The assessment shall include, but not be limited to:(1) A formal face-to-face biopsychsocial assessment (see OAC 450:22-1-11.7 for requirements).(2) The assessor shall obtain and document the participants driving history information from public record(s), when made available. This information shall, at a minimum, include the following:(A) Arrest date;(B) All charges relating to alcohol and drug offenses; and(C) Driving record.(3) Alcohol and other drug information as supplied by the participant or referring party:(A) Blood alcohol concentration at time of arrest;(B) Prior alcohol/drug treatment;(C) Polydrug use;(D) Prior alcohol-related arrest(s); and(E) Prior drug related arrest(s).(4) Pursuant to 450:22-1-11, the use of completed and scored standardized evaluation instruments; and(5) All information shall be in a format prescribed by the Commissioner of ODMHSAS or designee.(b) Recommendations, known as Intervention Categories, shall be based on scores derived from and verified by, a battery of required and appropriate assessment/evaluation instruments, and adhered to by all assessors unless otherwise indicated by ODMHSAS:(1) All those identified as being at low risk to recidivate as indicated by scores derived from the assessment process shall be referred to educational interventions only:(A) Intervention Category One shall be identified by alcohol or drug scale scores from the DRI II or DQ of zero (0) to thirty-nine (39) and recommendations shall consist of:(i) ten (10) hour ADSAC course, and(ii) Victims Impact Panel.(iii) the ten (10) hour ADSAC course and Victims Impact Panel may be attended concurrently.(B) Intervention Category Two shall be identified by alcohol or drug scale scores from the DRI II or DQ of zero (0) to thirty-nine (39) and a previous alcohol or drug related offense resulting in license revocation pursuant to Title 47, § 6-212.2, A and recommendations shall consist of:(i) twenty-four (24) hour ADSAC course, and(ii) Victims Impact Panel.(iii) the twenty-four (24) hour ADSAC course and the Victims Impact Panel may be attended concurrently.(2) All those identified as being at moderate risk to recidivate shall be referred to a combination of educational and clinical interventions:(A) Intervention Category Three, shall be identified by alcohol or drug scale scores from the DRI I or DQ of forty (40) to sixty nine (69) and recommendations shall consist of:(i) twenty-four (24) hour ADSAC course, and(ii) Victims Impact Panel, and(iii) substance abuse related group involvement for six (6) weeks, meeting one (1) time per week.(iv) The twenty-four (24) hour ADSAC should be attended prior to the initiation of the six (6) week substance abuse group;(B) Those with scoring appropriate for an Intervention Category Four or Five and placed at this level due to clinical override shall be required to attend:(i) twelve (12) weeks of substance abuse related group meeting a minimum of one (1) time per week and a maximum of two (2) times per week, and(ii) twelve (12) weeks of mutual support group attendance, once per week, and(iii) It must be possible to complete the combination of interventions within ninety (90) days.(3) All those identified as being at problem risk to recidivate shall be referred to clinical interventions only:(A) Intervention Category Four shall be identified by alcohol or drug scale scores from the DRI II or DQ of seventy (70) to eighty nine (89) and recommendations shall consist of:(i) intensive outpatient treatment, and(ii) aftercare, and(iii) twelve (12) weeks of mutual support meetings.(iv) Interventions recommended for this intervention category, with the exception of aftercare, should be completed concurrently.(v) The combination of interventions recommended must be able to be completed within ninety (90) days.(4) All those identified as being at severe risk to recidivate shall be referred to clinical interventions only:(A) Intervention Category Five will be identified by alcohol or drug scale scores from the DRI II/DQ of ninety (90) to one hundred (100) and recommendations shall consist of:(i) residential or inpatient treatment, and(ii) aftercare, and(iii) mutual support meetings.(iv) Interventions recommended for this intervention category, with the exception of aftercare, should be completed concurrently.(v) The combination of interventions recommended must be able to be completed within ninety (90) days.(5) If no groups are available or if the participant has a significant, appropriately diagnosed co-occurring disorder, then individual counseling can be substituted for group counseling. This must be addressed with an override and cleared through ODMHSAS.(6) Interventions completed prior to the assessment may be accepted if:(A) the intervention is completed after the offense resulting in licenserevocation, and(B) the intervention meets or exceeds all the requirements listed in therecommendation, and(C) the provider of the intervention is appropriately accredited.(7) Assessments will remain valid for six (6) months from the date of completion:(A) If after six (6) months, action toward completing assessment recommendations has not been initiated, then the assessment shall be considered invalid and a new assessment will be required, and(B) The participant must be notified of this fact in writing upon assessment.(8) A recommendation can be lowered one intervention category through the appropriate use of one of the available overrides. However, an intervention level for clinical services only or combination of educational and clinical services cannot be lowered to an intervention level for educational services only. ODMHSAS approval must be granted for overrides of more than one intervention category.(9) Any significant discrepancy between the scores obtained on either the DRI II or the DQ and an appropriately chosen additional supportive instrument should be cause for reevaluation of participant's answers to the assessment instruments. If the discrepancy cannot be resolved, then an override should be considered.(10) Any recommendation can be lowered with the appropriate use of one of the following overrides;(A) "geographic accessibility",(B) "on waiting list for appropriate level of care",(C) "language barriers",(D) "sustained abstinence", or(E) "ASAM override".(11) In each instance, the most appropriate and applicable override category shall be used.(12) All overrides must be supported in writing and with information or evidence that clearly justifies the decision made. Verifying and/or validating documentation must be included in the record.(13) "Geographic accessibility" should be used when one or more of the services required for a specific intervention category does not exist within seventy (70) miles from the town the participant identifies as the home town, as no one shall be required to travel more than seventy (70) miles to complete any of the recommendations listed here:(A) The recommendation should be reduced to the first intervention category with all services available, and(B) Before using this override, the participant's address shall be verified;(14) "On waiting list for appropriate level of care" should be used when one or more of the services required for a specific intervention category is not available within seventy (70) miles from the town the participant identifies as a home town as no one shall be required to travel more than seventy (70) miles to complete any of the recommendations listed here:(A) The service recommended must also not be available within thirty (30) days of the initial date of assessment,(B) The recommendation should be reduced to the first intervention category with all services available, and(C) Before using this override, the participant's address shall be verified.(15) "Language barriers" should be used when one or more of the services required for a specific intervention category is not offered in the language of a non-English speaking participant within seventy (70) miles from the town the participant identifies as the home town:(A) The recommendation should be altered to include the most appropriate combination of interventions available in the participant's language,(B) Due to problems with service availability caused by language barriers, this is the only override in which interventions from multiple categories can be commingled, and(C) Before using this override, the participant's address shall be verified.(16) "Sustained abstinence" should be used when an override may be appropriate when recognizing that a significant period of verifiable abstinence or recovery exists between the time of the offense and the assessment:(A) The abstinence/recovery must be at least six (6) months' duration,(B) The abstinence/recovery must be continuous,(C) The abstinence/recovery must be verifiable,(D) Three notarized statements from individuals who know, but are not related to, the participant, and(E) The notarized statement verifying abstinence/recovery will be in a form prescribed by the commissioner of ODMHSAS or designee.(17) "ASAM override" should be used when the participant has been assessed by a receiving provider as not meeting the ASAM level of care recommended by the ADSAC assessment. This override must be substantiated by including the receiving provider's ASAM in the participant's ADSAC file.
[Source: Added at 13 Ok Reg 2799, eff 7-1-96; Amended at 18 Ok Reg 2210, eff 7-1-01; Amended at 20 Ok Reg 997, eff 7-1-03; Amended at 21 Ok Reg 1756, eff 7-1-04; Amended at 22 Ok Reg 2159, eff 7-1-05; Amended at 25 Ok Reg 1390, eff 7-1-08; Amended at 33 Ok Reg 997, eff 9-1-16; Amended at 36 Ok Reg 1150, eff 11-1-19]