Ga. Comp. R. & Regs. 82-2-1

82-2-1

This regulation establishes the approval and registry requirements for clinical evaluators and substance abuse treatment providers who serve DUI offenders required by Georgia law to undergo clinical evaluation and/or treatment. It sets minimum qualifications, continuing education requirements, recordkeeping obligations, and enforcement procedures for both evaluators and treatment providers. Treatment providers offering services at ASAM level II.1 or higher must be licensed as a drug abuse treatment program, while ASAM level I providers must meet specified credentialing standards. The department may inspect facilities, require corrective action plans, and remove providers from the registry for noncompliance.

Subject 82-2-1 

Rule 82-2-1-.01 Legal Authority

These rules are adopted and published pursuant to the
 Official Code of Georgia Annotated (O.C.G.A.) Sec.
 
37-7-2
.

Rule 82-2-1-.02 Title and Purposes

These rules shall be known as the Rules and Regulations for
 Clinical Evaluation and Substance Abuse Treatment for DUI Offenders. The
 purpose of these rules is to provide for the approval of clinical evaluators
 and substance abuse treatment providers to evaluate and treat-DUI offenders, to
 set minimum qualifications for clinical evaluators and treatment providers and
 to provide for the enforcement of these rules.

Rule 82-2-1-.03 Definitions

In these rules, unless the context otherwise requires, the
 words and phrases set forth herein shall mean the following:

(a)

 "American Society of Addiction Medicine
 (ASAM) Patient Placement Criteria" means the current Patient Placement Criteria
 for the Treatment of Substance-Related Disorders by the National Association of
 Addiction Treatment Providers and American Society of Addiction
 Medicine.

(b)

 "Clinical evaluation"
 means the evaluation process designated by the department which is used to
 diagnose an individual's substance abuse and/or dependence and, if indicated,
 refer the individual to appropriate treatment.

(c)

 "Clinical evaluator" means a licensed or
 certified individual who meets the qualifications set forth in Section
 and is approved by the
 department to provide clinical evaluations for DUI offenders who are required
 pursuant to O.C.G.A. 40­5-63.1 or O.C.G.A.
 
40-6-391
 to undergo a clinical
 evaluation for substance abuse treatment needs.

(d)

 "Clinical interview" means the
 face-to-face interview with a clinical evaluator intended to gather information
 on the client including, but not limited to demographics, medical history,
 alcohol concentration of current offense, social and family history, substance
 abuse history, and vocational background and mental status.

(e)

 "Department" means the Department of
 Behavioral Health and Developmental Disabilities or its successor.

(f)

 "DSM" means the current edition of the
 Diagnostic and Statistical Manual of Mental Disorders of the American
 Psychiatric Association.

(g)

 "Multiple" or habitual offender" means a person who has been convicted of two
 or more offenses as described in O.C.G.A.
 
40-6-391
.

(h)

 "Registry of Clinical Evaluators" means
 the list of clinical evaluators who have been approved by the department to
 provide clinical evaluations for DUI offenders who are required pursuant to
 O.C.G.A. 
40-5-63.1
 or O.C.G.A.
 
40-6-391
 to undergo a clinical
 evaluation.

(i)

 "Registry of
 Treatment Providers" means the list of substance abuse treatment providers who
 have been approved by the department to provide treatment to DUI offenders who
 are required pursuant to O.C.G.A.
 
40-5-63.1
 or O. C.G.A.
 
40-6-391
 to complete a treatment
 program. 

(j)

 "Risk reduction
 program" means a program approved by the Department of Driver Services to
 provide education regarding alcohol and substance use and abuse and driving a
 vehicle or boat, for the purpose of reducing the risk of incidences of driving
 or boating under the influence of drugs or alcohol. Risk reduction programs are
 also commonly referred to as 'DUI schools."

(k)

 "Treatment provider" means a licensed or
 certified individual who meets the qualifications set forth m, Section
 290-413-.06 and is approved by the department to provide substance abuse
 treatment to DUI offenders pursuant to O.C.G.A.
 
40-5-63.1
 or O.C.G.A.
 
40-6-391
.

Rule 82-2-1-.04 Registry of Clinical Evaluators

(1)

 Application Process. 
No
 person may conduct clinical evaluations pursuant to O.C.G.A.
 
40-5-63.1
 or O.C.G.A.
 
40-6-391
 without first having
 obtained approval by the department, having been placed by the department on
 the registry of clinical evaluators, and, as applicable, being on active
 registry status. All applications shall be submitted on forms prepared by the
 department, following a procedure outlined by the department. The application
 shall include all information, fees, and documents designated by the department
 and shall be truthful, accurate and complete. The department may require any
 applicant for clinical evaluator to submit additional information or
 verification that is reasonably related to making an approval determination. In
 addition, the department may require applications or related documents to be
 submitted electronically, through a secure website, following procedures
 specified by the department.

(2)

Initial Qualifications. 
In order to be placed on the registry of
 clinical evaluators, an individual must have one of the following combinations
 of professional licensure, credentials or experience; 

(a)

 Certification as an addiction medicine
 specialist by the American Society of Addiction Medicine;

(b)

 Certification in addiction psychiatry by
 the American Board of Psychiatry and Neurology;

(c)

 Certification by the Georgia Addiction
 Counselors Association as a Certified Addiction Counselor II;

(d)

 Certification by the National Association
 of Alcoholism and Drug Abuse Counselors Association;

(e)

 Certification by the International
 Certification and Reciprocity Consortium;

(f)

 Certificate of Proficiency in the
 Treatment of Alcohol and Other Psychoactive Substance Use Disorders from the
 American Psychological Association's College of Professional Psychology,
 or

(g)

 Licensure under O.C.G.A.
 Title 43 as a physician, psychologist, professional counselor, social worker,
 marriage and family therapist, advanced practice nurse, registered nurse with a
 bachelor's degree in nursing and: 

1.

 documentation of at least 2,000 hours in the five-year period prior to
 application, of clinical experience in the treatment of persons who are
 addicted to alcohol' or other drugs, with at least 500 hours of that experience
 in the actual administration of substance abuse clinical evaluations,
 and

2.

 documentation of the
 completion of at least 20 hours of continuing education in the field of
 substance abuse, with not more than five of these hours consisting of
 in-service training, in the two-year period prior to application.

(3)

Training and
 Continuing Education.
 Each clinical evaluator shall attend up to two
 days of training and orientation sponsored by the department within six months
 prior to being placed on the registry. Each clinical evaluator shall complete,
 every two years, 20 contact hours of continuing education in the field of
 substance abuse approved by the department. The department will not approve
 more than five hours of in-service training in each two-year period.

(4)

Ongoing Qualifications. 

(a)

 Each clinical evaluator who is approved
 and placed on the registry of clinical evaluators shall continue to maintain
 the required initial qualifications and meet continuing education requirements,
 and upon request shall provide documentation showing evidence thereof. Upon
 renewal or reissuance of any applicable licensure, certification or
 credentialing, or upon request by the department, the treatment provider shall
 provide a copy of the renewed or reissued license, certification or
 credentialing to the department. 

(b)

 Each clinical evaluator shall notify the
 department within 30 days of the occurrence if the evaluator's license,
 certification or credentialing is revoked, suspended, terminated or lost for
 any other reason. The evaluator may not administer clinical evaluations after
 the effective date of revocation, suspension, termination or other loss of
 license, certification, or credentialing.

(c)

 If any evaluator fails to submit
 documentation as required, or fails to maintain the required license,
 certification, or credentialing, the approval as an evaluator may be revoked,
 and the evaluator may be removed from the registry effective as of the date of
 the revocation, suspension, termination or other loss of licensure,
 certification, or credentialing.

(5)

Active Registry Status
. The
 department may provide for the registry to be available for viewing on the
 Internet. Once placed on the registry of clinical evaluators, an individual
 will continue', to be listed in active registry status unless one of the
 following events occurs, which event shall constitute a basis for revocation: 

(a)

 The evaluator fails to administer any
 clinical evaluations within any continuous twelve-month period;

(b)

 The evaluator fails to comply with the
 requirements of these regulations or of the department;

(c)

 The evaluator notifies the department
 that the evaluator no longer wishes to remain on the registry;

(d)

 The evaluator ceases to meet the
 qualifications listed above; or

(e)

 The evaluator provides false of misleading information to the
 department.

(6)

Reinstatement.
 If an evaluator is removed from active registry
 status in accordance with the above, the evaluator's approval is revoked and
 the evaluator must submit a new application in order to return to active
 registry status, including an application fee, the amount of which shall be
 determined from time to time by the Board of Behavioral Health and
 Developmental Disabilities. The Department may also require the treatment
 provider to comply satisfactorily with a corrective action plan to correct any
 deficiencies under these rules or other requirements of the
 department.

Rule 82-2-1-.05 Clinical Evaluation Process

(1)

 Clinical evaluations shall only be
 administered at locations approved by the department by clinical evaluators'
 who have been approved by the department to conduct such evaluations and who
 appear on the registry of clinical evaluators.

(2)

 All clinical evaluations shall consist of
 a clinical interview and a review of the client's standardized screening
 instrument administered by the risk reduction program. In addition, the
 clinical evaluator shall utilize one or more assessment instruments approved by
 the department.

(3)

 Information
 obtained from the clinical evaluation must be sufficient to diagnose or rule
 out a substance-related disorder according to current DSM criteria and to
 recommend an appropriate ASAM level of service. If treatment is recommended,
 the evaluator shall recommend either short term treatment for clients requiring
 services no higher than ASAM level I, or longer term treatment for a client
 requiring services at ASAM level I or higher. The department will direct and
 define by policy the range of hours per week and the range of weeks of
 treatment required for short term treatment and longer term
 treatment.

(4)

 Clinical evaluators
 shall complete written evaluation reports for each client within seven days of
 completion of the clinical interview. The report must show the referral and the
 basis for the referral. The department may prescribe a format for preparation
 of these reports.

(5)

 If the
 evaluation results in a referral to treatment, the clinical evaluator must
 provide the client with a list of approved treatment providers for the level of
 treatment recommended.

(6)

 If the
 clinical evaluator determines that no referral to treatment is indicated: 

(a)

 for a person with a first conviction only
 under O.C.G.A.
 
40-6-391
, the clinical evaluator
 shall transmit a summary of the evaluation to the department for review within
 seven (7) days of completion of the clinical interview. The department may
 prescribe a form for these summary reports.

(b)

 for a multiple or habitual offender, the
 clinical evaluator must transmit a complete copy of the clinical evaluation,
 along with any other documents required, to the department for review within
 seven days of completion of the interview.

(c)

 The department will complete its review
 of the clinical evaluation within two weeks of the receipt of the evaluation or
 summary of the evaluation, as applicable. If the evaluation is approved, the
 department will issue a Requirements Met Certificate directly' to the client.
 If the evaluation is not approved, the department will contact the clinical
 evaluator regarding modification of the evaluation to include a referral to a
 specific' ASAM level of service. If the clinical evaluator disagrees with the
 department's recommendation, the department will arrange for a panel of three
 professional peers to review the clinical evaluation and the department's
 recommendation. The department and the clinical evaluator will abide by the
 decision of the peer review panel.

Rule 82-2-1-.06 Registry of Treatment Providers

(1)

Application Process.
 No
 provider may provide treatment required pursuant to O.C.G.A.
 
40-5-63.1
 or O.C.G.A.
 
40-6-391
 without first having
 obtained approval by the department, having been placed by the department on
 the registry of treatment providers and, as applicable, being on active
 registry status. All applications shall be submitted on forms prepared by the
 department, following a procedure outlined by the department. In addition, the
 department may require applications or related documents to be submitted
 electronically, through a secure website, following procedures specified by the
 department. The application shall include all information, fees, and documents
 designated by the department and shall be truthful, accurate and complete. The
 department may require any applicant for treatment provider to submit
 additional information or verification that is reasonably related to making an
 approval determination.

(2)

Criteria for Approval.

(a)

 In
 order to be placed on the registry of treatment providers, a treatment provider
 must provide a program description specifying which ASAM levels of care will be
 offered and demonstrating the capability to offer the specified level(s) of
 care;

(b)

 Treatment providers
 offering services at ASAM level 11.1 or higher must be licensed by the
 department's Office of Regulatory Services as a drug abuse treatment
 program;

(c)

 Treatment providers
 who will only offer ASAM level I services must provide direct treatment
 services or clinical supervision of treatment services. An ASAM level I
 treatment provider must have one of the following combinations of professional
 licensure, credentials and experience: 

1.

 Certification as an addiction medicine specialist by the American Society of
 Addiction Medicine;

2.

 Certification in addiction psychiatry by the American Board of Psychiatry and
 Neurology;

3.

 Certification by the
 Georgia Addiction Counselors Association as a Certified Addiction Counselor
 II;

4.

 Certification by the
 National Association of Alcoholism and Drug Abuse Association;

5.

 Certification by the International
 Certification and Reciprocity Consortium;

6.

 Certificate of Proficiency in the
 Treatment of Alcohol and Other Psychoactive Use Disorders' from the American
 Psychological Association's College of Professional Psychology; or

7.

 Licensure under O.C.Q.A. Title 43 as a
 physician, psychologist, professional counselor, social worker,, marriage and
 family therapist, advanced practice nurse, registered nurse with bachelor's
 degree in nursing, or certification as an employee assistance -professional,
 and 

(i)

 documentation of at least 3,000 hours
 in the five-year period prior to application, of clinical experience in the',
 treatment of persons who are addicted to alcohol or other drugs, and

(ii)

 documentation of the completion of at
 least 20 hours of continuing education in the field of substance abuse, with
 not more than five of these hours consisting of in-service training, in the
 two-year period prior to application.

(3)

Training and Continuing
 Education
. Each treatment provider will attend training and orientation
 sponsored by the department within six months prior to being placed on the
 registry. Each treatment provider will ensure that all persons whom the
 treatment provider supervises in providing direct services will complete, every
 two years, a minimum of 20 contact hours of continuing education in the field
 of substance abuse which has been approved by the department. The department
 will not approve more than five hours of in-service training in each two-year
 period.

(4)

Ongoing
 Qualifications.

(a)

 Each treatment
 provider who is approved and placed on the registry of treatment - providers
 shall continue to meet at least the required criteria for approval and meet
 continuing education requirements for placement on the registry, and upon
 request shall - provide documentation showing evidence thereof. Upon renewal or
 reissuance-of any applicable licensure, certification or credentialing, or upon
 request by the department, the treatment provider shall provide a copy of the
 renewed or reissued license, certification or credentialing to the
 department.

(b)

 Each treatment
 provider shall notify the department within 30, days of the occurrence if the
 provider's license, certification or credentialing is revoked, suspended,;
 terminated, or otherwise lost. The treatment provider may not provide treatment
 after the effective date of the revocation, suspension, termination, or other
 loss of licensure, certification or credentialing.

(c)

 If any treatment provider fails to submit
 documentation as required, or fails to maintain the required licensure,
 certification or credentialing, the treatment provider's approval as a
 treatment provider may be revoked, and the treatment provider may be removed
 from the Registry.

(5)

Active Registry Status.
 The department may provide' for the
 registry to be available for viewing on the Internet. Once placed on the
 registry of treatment providers, an individual w ill continue to be listed in
 active registry status unless one of the following events occurs, which event
 shall constitute a basis for revocation: 

(a)

 The treatment provider fails to submit any treatment enrollment, transfer and
 completion reports to the department for two consecutive quarters;

(b)

 The treatment provider fails to maintain
 client files as required by these regulations or otherwise fails to comply with
 the requirements of these regulations or of the department;

(c)

 The treatment provider notifies: the
 department that the treatment provider no longer wishes to be listed on the
 registry;

(d)

 The treatment
 provider ceases to meet the qualifications listed above, including but not
 limited to failing to complete required continuing education and training,
 failing to ensure the training and adequate supervision of persons providing
 direct services, or the loss of any licensure, certification or credentialing
 upon which approval was based; or

(e)

 The treatment provider provides false or
 misleading information to the department.

(6)

Reinstatement. 
If as
 treatment provider is removed from active registry status in accordance with
 the above, the treatment provider's approval is revoked and the treatment
 provider must submit a new application in order to return to active registry
 status, including an application fee, the amount of which shall be determined
 from time to time by the Board of Behavioral Health and Developmental
 Disabilities. The department may also require the treatment provider to comply
 satisfactorily with a corrective action plan to correct any deficiencies under
 these rules or other requirements of the Department.

Rule 82-2-1-.07 Treatment Requirements

(1)

 In order to obtain a certificate of
 treatment completion, a client must remain in treatment for at least the period
 of time recommended by the clinical evaluator. Treatment providers shall
 require that clients complete, at a minimum, services of the same number of
 days and hours per week as recommended by the clinical evaluator. Treatment
 providers may, at their clinical discretion, require that a client complete
 services for a longer number of days, a greater number of hours per week, or
 both, than recommended by the clinical evaluator. However, no client who has
 complied with=a treatment plan can be required to remain in treatment longer
 than one year.

(2)

 Longer term
 treatment (ASAM level I, or higher levels) shall consist of a minimum of three
 hours of treatment per week. Such treatment may include individual and group
 counseling, family therapy, vocational counseling, occupational and
 recreational therapy, psychotherapy and other therapies. In addition attendance
 at 12-step or other self-help meetings may be required, but time spent
 attending such groups will not count as part of the required three-hour
 treatment minimum.

(3)

 Treatment
 providers may only enroll clients whose referral to treatment matches the ASAM
 level of service offered by the provider except that when there are no
 providers offering the appropriate ASAM level of service in the geographic area
 in which the client lives, the client may contact the department for approval
 to enroll in treatment with a provider that offers -a different ASAM level of
 care.:

(4)

 When more than 60 days
 has passed between the completion of the clinical evaluation report and a
 client's enrollment in treatment, the treatment provider may, if necessary,
 re­evaluate the client utilizing the clinical evaluation report in order
 to confirm the appropriate level of services, number of days and hours per week
 required for that client.

(5)

 Treatment services may only be provided at locations approved by the
 department.

(6)

 Treatment providers
 may not collect from a client any fee which is not authorized by the
 department. No person or entity other than the department, the clinical
 evaluator or treatment provider or the accountability court's treatment team
 may direct or control any clinical, administrative, or financial aspect of the
 treatment services for an offender.

Rule 82-2-1-.08 Records

(1)

 Confidentiality. All client records shall be confidential and shall be
 maintained and disclosed in accordance with the provisions of Volume 42 of the
 Code of Federal Regulations, 42 Part 2,"Confidentiality of Alcohol and Drug
 Abuse Patient Records," now and hereafter amended, as well as the Health
 Insurance Portability and Accountability Act of 1996 and attendant privacy and
 security regulations, as now and hereafter amended.

(2)

 Transfer of Records, 

(a)

 DUI Alcohol or Drug Risk Reduction
 Screening Instrument. DUI alcohol or drug risk reduction programs shall
 transfer a copy of the results of the screening instrument to the clinical
 evaluator designated by the offender within five business days of the receipt
 by the risk reduction program of an authorization for disclosure of information
 in a format acceptable to the department and signed by the offender. The
 screening instrument may not be transferred to more than two clinical
 evaluators without the prior approval of the department. Programs may charge a
 transfer fee up to $10.00 for each transfer.

(b)

 Clinical Evaluation Results. Clinical
 evaluators shall transfer a copy of the results of the clinical evaluation to
 the treatment provider designated by the client within seven days of the
 receipt by the clinical evaluator of an authorization for disclosure of
 information in a format acceptable to the department and signed by the
 offender.

(3)

 Clinical
 Evaluators. Each clinical evaluator shall maintain, at a location approved by
 the department, the following records which shall be legible, complete,
 accurate and available for inspection and copying by the department. 

(a)

 Evaluation Report. Each clinical
 evaluator shall make monthly electronic reports online to the department
 showing all clients evaluated each month and each client's referral.

(b)

 Submission of Evaluation Reports to the
 Department. Clinical evaluators shall submit the monthly online electronic
 evaluation report to the department by the tenth day of the calendar month
 following each month reported.

(c)

 Client Files. Each clinical evaluator shall maintain a-file for each client
 evaluated which shall be labeled with the client's name and risk reduction
 certificate of completion number and which will be maintained in alphabetical
 order by client's last name. Each client file must contain the following
 information: 

1.

 Copy of the risk reduction
 program certificate of completion;

2.

 Original Evaluation Contract

3.

 Screening instrument results transferred
 from risk reduction program;

4.

 Evaluation results and treatment referral;

5.

 Signed authorizations for release(s) of
 information

6.

 Copy of
 referral/enrollment form along with name and address of treatment provider to
 whom referral was sent;

7.

 Documentation of eligibility for sliding scale fee, if applicable;
 and

8.

 Any other information
 designated by the department.

(4)

 Treatment Providers. Each treatment
 provider shall maintain, at a location approved by the department, the
 following records which shall be legible, complete, accurate and available for
 copying and inspection by the department. 

(a)

 Treatment Enrollment, Transfer and Completion Report. Each treatment provider
 shall prepare monthly treatment enrollment, transfer and completion reports on
 an electronic form designated by the department and submit the forms
 electronically as designated by the department. These reports will show all
 clients who have enrolled in treatment, transferred to another program and
 completed treatment each month.

(b)

 Submission of Treatment Enrollment, Transfer and Completion Reports to the
 Department. Treatment providers shall transmit the original monthly treatment
 enrollment, transfer and completion reports to the department by the tenth day
 of the calendar month following each month for all clients who have enrolled in
 treatment, transferred to another program or completed treatment the previous
 month.

(c)

 Withdrawal or Dismissal
 From Treatment. Treatment providers shall report' to the department each time a
 multiple or habitual DUI offender voluntarily withdraws or is involuntarily
 dismissed with cause from treatment prior to completion. These reports, which
 will include the treatment provider's reasons for dismissal if applicable, will
 be made on forms designated by the department and w ill be sent to the
 department by fax or mail within five business days of the client's withdrawal
 or dismissal.

(d)

 Client Files.
 Each treatment provider shall maintain a file for each client evaluated which
 shall be labeled with the client's name and risk reduction certificate of
 completion; number and which will be maintained in alphabetical order by the
 client's last name. Each client file must contain the following information: 

1.

 Copy of the Referral/Enrollment.
 Form;

2.

 Copy of clinical
 evaluation report;

3.

 Original
 Treatment Service Contract

4.

 Documentation of eligibility for sliding scale fee, if applicable;

5.

 Intake paperwork, treatment plan and
 progress notes;

6.

 Copy of
 Certificate of Treatment Completion; and

7.

 Any other information designated by the
 Department.

Rule 82-2-1-.09 Client Contracts

Clinical evaluators and treatment providers shall enter into
 written contracts with clients for the provision of clinical evaluations and
 substance abuse treatment services respectively. Original contracts shall be
 maintained for a period of six years from the date of execution. All contract
 formats shall be approved by the department and shall contain all information
 and provisions required by the department. A copy of the completed contract
 shall be furnished to the client prior to the delivery of
 services.

Rule 82-2-1-.10 Treatment/Enrollment Forms for Multiple of Habitual Offenders

Pre-numbered treatment/enrollment forms shall be supplied to
 treatment providers by the department. Treatment providers are responsible for
 completing the form relating to clinical evaluation and enrollment in treatment
 and providing the completed form to the client. These forms are the property of
 the department and treatment providers are responsible for the security of the
 forms and for ensuring that the information on the forms is complete and
 accurate.

(a)

Requests for
 Treatment/Enrollment Forms.
 Upon written request of a treatment
 provider, the department will send treatment/enrollment forms within two weeks
 to the treatment provider's mailing address currently on file with the
 department.

(b)

 Security of
 Treatment/Enrollment Forms.
 Each treatment/enrollment form shall be
 maintained in a secure location until it is issued to the client. Each
 treatment provider must be able to account at all times for each treatment
 enrollment form issued. If any treatment/enrollment form is believed to be
 stolen, the treatment provider shall immediately upon' discovery file a police
 report. In addition, if any treatment/enrollment form is believed to be lost or
 stolen, the treatment provider shall notify the department orally within one
 business day following the discovery of the loss or theft. The treatment
 provider must then follow up in writing to the department within 48 hours of
 discovery; of the loss or theft.

(c)

Electronic Transmittal of
 Treatment/Enrollment Forms.
 The department may implement the issuance of
 treatment/enrollment forms by electronic means, providing for direct and secure
 electronic transmittal of treatment enrollment forms to the Department of
 Driver Services.

(d)

Falsifying or Altering Treatment/Enrollment
 
Forms.-
Treatment/enrollment forms are official state
 documents which under some circumstances can be used to obtain a probationary
 driver's license or, for driver's license reinstatement. Pursuant to Title 16
 of the Georgia' Code it is a crime to knowingly falsify, alter or fraudulently
 use an official document or certificate.

Rule 82-2-1-.11 Certificates of Treatment Completion

Pre-numbered certificates of treatment completion shall be
 supplied to treatment providers by the department. These certificates are the
 property of the department and treatment providers are responsible for each
 certificate of completion. Upon completion of treatment, treatment providers
 shall issue a certificate of treatment completion to the client. All
 information provided on the certificate must be complete and accurate. No
 certificate of treatment completion may be issued to a client prior to
 completion of treatment. Clients may be required to pay all treatment fees
 prior to receiving a certificate of treatment completion.

(a)

Requests for Certificates of
 Treatment Completion.
 Upon written request of a treatment provider,
 certificates of treatment completion will be sent within two weeks to the
 provider mailing address currently on file with the department.

(b)

Security of Certificates of
 Treatment Completion.
 Each certificate shall be maintained in a secure
 location until it is issued to the client. Each treatment provider shall be
 able to account at all times for each certificate issued to it. If any
 certificate is believed to be stolen, the provider shall immediately upon
 discovery, file a police report. In addition, if any certificate is believed'
 to be lost or stolen, the provider shall notify the department orally no later
 than the end of the next business day following the discovery of the loss or
 theft. The provider shall then follow up in writing to the department within 48
 hours of the discovery of the loss or theft.

(c)

Replacement Certificates.

 Treatment providers may provide a client with a new certificate of treatment
 completion for certificates that are lost or destroyed. The cost may not exceed
 $15.00 to the client.

(d)

Electronic Transmittal of Certificates of Treatment Completion.

 The department may implement the issuance of certificates of treatment
 completion by electronic' means, providing for direct and secure electronic
 transmittal of certificates of treatment completion to the Department of Driver
 Services.

(e)

Falsifying or
 Altering Certificates.
 Certificates of treatment completion and
 replacement certificates are official state documents which can be used for
 driver's license reinstatement. Pursuant to Title 16 of the Georgia Code, it is
 a crime to knowingly alter, falsify or fraudulently use an official document or
 certificate.

Rule 82-2-1-.12 Inspections and Investigations

The department is authorized to inspect the records and
 facilities of clinical evaluators and treatment providers in order to verify
 compliance with these rules. Clinical evaluators, treatment providers and their
 employees and representatives shall cooperate with any inspection or
 investigation by the department and shall provide without delay any information
 reasonably requested by the department. If violations of these rules are
 identified as a result of an inspection or investigation, the department may
 issue a written inspection report which identifies the rules violated and
 requires the clinical evaluator or treatment provider to submit a written plan
 of correction specifying what steps will be taken to correct the
 violations.

Rule 82-2-1-.13 Enforcement of Program Requirements

(1)

 When the department finds that any
 applicant for the registry of clinical evaluators or treatment providers does
 not fulfill the requirements of these rules, the department may, subject to
 notice and opportunity for a hearing, refuse to place the applicant on the
 applicable registry; provided, however, that the department shall not be
 required to hold a hearing prior to taking such action.

(2)

 The department may remove a clinical
 evaluator or treatment provider from the registry for noncompliance with
 program requirements. Removal from the registry can be temporary, in the form
 of a suspension, or permanent, depending on the severity of the violation and
 the evaluator's or provider's history of compliance. In lieu of removal, the
 department may revoke the authority of the clinical evaluator or treatment
 provider to evaluate or enroll new clients.

Rule 82-2-1-.14 Applicability of Georgia Administrative Procedure Act

All enforcement actions resulting from this chapter shall be
 administered in accordance with Chapter 13 of Title 50 of the Official Code of
 Georgia Annotated, the Georgia Administrative Procedure Act. Any request for a
 hearing in response to any enforcement action taken pursuant to this chapter
 shall be in writing and must be submitted to the department no later than 10
 calendar days from the date of receipt of any written notice of intent by the
 department to impose an enforcement action.

Rule 82-2-1-.15 Severability

In the event that a rule, sentence, clause or phrase of any
 of these rules and regulations may be construed by any court of competent
 jurisdiction to be invalid, illegal, unconstitutional or otherwise
 unenforceable, such determination or adjudication shall in no manner affect the
 remaining rules or portions thereof. The remaining rules or portions thereof
 shall remain in full force and effect, as if such rule or portions thereof so
 determined, declared or adjudged invalid or unconstitutional were not
 originally a part of these rules.

Rule 82-2-1-.01 Legal Authority
Rule 82-2-1-.02 Title and Purposes
Rule 82-2-1-.03 Definitions
Rule 82-2-1-.04 Registry of Clinical Evaluators
Rule 82-2-1-.05 Clinical Evaluation Process
Rule 82-2-1-.06 Registry of Treatment Providers
Rule 82-2-1-.07 Treatment Requirements
Rule 82-2-1-.08 Records
Rule 82-2-1-.09 Client Contracts
Rule 82-2-1-.10 Treatment/Enrollment Forms for Multiple of Habitual Offenders
Rule 82-2-1-.11 Certificates of Treatment Completion
Rule 82-2-1-.12 Inspections and Investigations
Rule 82-2-1-.13 Enforcement of Program Requirements
Rule 82-2-1-.14 Applicability of Georgia Administrative Procedure Act
Rule 82-2-1-.15 Severability