This subchapter establishes standards for state-approved chemical dependency educational courses (the ACT/MDD/MIP programs) for persons convicted of DUI, underage drinking and driving, misdemeanor dangerous drug offenses, or minor-in-possession offenses. Approved chemical dependency treatment programs must conduct assessments using certified counselors, deliver a minimum 8-hour curriculum covering legal consequences and drug/alcohol effects, and refer offenders to appropriate levels of treatment based on patient placement criteria. Programs must also meet staffing, record-keeping, reporting, fee, and monitoring requirements, including one year of monthly monitoring for repeat offenders.
View official source37.27.501 CHEMICAL DEPENDENCY EDUCATIONAL COURSES: COST OF TREATMENT (1) The purpose of this chapter is to establish standards for chemical dependency educational courses and the approval of those courses pursuant to 53-24-204 , MCA. (2) Only chemical dependency treatment programs and facilities approved under 53-24-208 , MCA, and ARM 37.27.101 through 37.27.136 may receive approval for chemical dependency educational courses. Procedures for approval of educational courses will be the same as those specified in ARM 37.27.101 through 37.27.136 . (3) Chemical dependency treatment programs will charge the offender for the educational course utilizing the following: (a) Educational courses and 1 year monitoring will be self supporting and fees charged will be based on actual costs. (b) Initial fees (as of the effective date of this rule) and future fee increases must be reviewed and approved by the department. (c) Offenders referred to treatment and/or monitoring via the assessment process are responsible for the costs of treatment and monitoring. Authorizing statute(s): Sec. 53-24-204 , 53-24-208 and 53-24-209 , MCA Implementing statute(s): Sec. 61-8-714 and 61-8-722 , MCA History: NEW, 1985 MAR p. 2011, Eff. 12/27/85; AMD, 1987 MAR p. 2383, Eff. 12/25/87; AMD, 1996 MAR p. 1312, Eff. 5/10/96; TRANS, from DOC, 1998 MAR p. 1502. 37.27.502 CHEMICAL DEPENDENCY EDUCATIONAL COURSES: DEFINITIONS In addition to terms defined in 53-24-103 , MCA, and ARM 37.27.102 , the following are defined: (1) "Abuser" means the offender meets the DSM-IV diagnostic criteria for substance abuse. (2) "ACT (assessment, course, treatment) program" means an assessment, educational course and/or referral to treatment. This is a three part process designed to assess, educate and to recommend treatment placement as appropriate for persons convicted of driving under the influence of intoxicating substances, UDD, MDD and third or subsequent MIP. (3) "ACT curriculum manual" means a manual developed by department of transportation traffic safety bureau which specifically defines the course curriculum for the ACT program. (4) "Aftercare" is defined in ARM 37.27.102 . (5) "Assessment" means, for the purpose of this subchapter, the process of identifying and labeling specific conditions such as chemical abuse or dependence; and the determination of the appropriate level of treatment for the offender. This process is described in ARM 37.27.515 (1) (a) through (d) . (6) "Assessment/evaluation instruments" are those diagnostic and screening tools utilized primarily to provide information for the counselor to assist in making a determination of the severity of an offender's chemical use. A list of suggested assessment/evaluation instruments may be obtained from the Department of Public Health and Human Services, Addictive and Mental Disorders Division, P.O. Box 202951, Helena, MT 59620-2951. (7) "Certified chemical dependency counselor" means an individual meeting standards pursuant to 53-24-204 , MCA, and corresponding rules and regulations described in ARM 20.3.401 through 20.3.406 . (8) "Chemically dependent" means the offender meets the DSM-IV criteria for substance dependence. (9) "Cross-referencing" is a method used to determine if similar questions are answered in the same manner on different assessment instruments. The purpose is to discover consistencies and inconsistencies in an offender's answers to questions and assess the validity of the offender's self-report. (10) "Continuing care" refers to the aftercare recommendations of the treatment provider. (11) "Driver control" means the records and driver control bureau of the department of justice. (12) "DUI" means driving under the influence and, for the purpose of these rules, includes violation of an offense under 61-8-401 , MCA. (13) "Inpatient treatment" is defined in ARM 37.27.102 and the requirements are found in ARM 37.27.129 and 37.27.130 . (14) "Intensive outpatient" is defined in ARM 37.27.102 and the requirements are found in ARM 37.27.138 . (15) "MDD" means a misdemeanor dangerous drug offense under 45-2-101 , MCA, for which completion of a dangerous drug information course is mandatory. (16) "MDD program" means an assessment, educational course and/or referral to treatment. This is a three part process designed to assess, educate and to recommend treatment placement as appropriate for persons convicted of misdemeanor dangerous drug offense. Compliance with treatment recommendations will be at the discretion of the sentencing judge. (17) "MDD curriculum" means the 8-hour course provided to those convicted of an MDD offense. The course may utilize the ACT curriculum manual and must include specific review of the misdemeanor drug laws and the harmful effects of dangerous drug use. (18) "MIP (minors in possession) " means minors convicted of possession of an intoxicating substance, unlawful attempt to purchase an intoxicating substance under 45-5-624 , MCA. (19) "MIP curriculum manual" means a manual developed by the department of public health and human services which defines the MIP course curriculum and the requirements for performing chemical dependency evaluations and referral to treatment. (20) "MIP education course" means the community-based substance abuse information course for minors under l8 years of age convicted of an MIP under 45-5-624 or 61-8-410 , MCA. (21) "Misuser/no patterns" means the offender does not meet the DSM-IV diagnostic criteria for either substance abuse or dependence. (22) "Monitoring" is a process to ensure compliance with continuing care recommendations for second or subsequent offenders. (23) "Offender" means a person convicted of DUI/per se/UDD, MIP, or a dangerous drug misdemeanor and sentenced to complete a chemical dependency educational course provided by a state approved program and/or treatment provided by a certified chemical dependency counselor. (24) "Outpatient" is defined in ARM 37.27.102 and the requirements are found in ARM 37.27.138 . (25) "Per se" means for the purpose of this subchapter, violating the provisions of 61-8-406 , MCA, operation of vehicle by a person with alcohol concentration of 0.10 or more. (26) "UDD" means underage drinking and driving, the operation of a vehicle by a person under the age of 21 with an alcohol concentration of 0.02 or more. For the purpose of these rules, this includes violation of an offense under 61-8-410 , MCA. (27) "Unidentified" means the offender did not complete the assessment or exhibited a level of denial that made diagnosis impossible. Authorizing statute(s): Sec. 53-24-204 and 53-24-208 , MCA Implementing statute(s): Sec. 53-24-204 , 53-24-208 and 61-8-401 , MCA History: NEW, 1985 MAR p. 2011, Eff. 12/27/85; AMD, 1996 MAR p. 1312, Eff. 5/10/96; AMD, 1998 MAR p. 351, Eff. 1/30/98; TRANS, from DOC, 1998 MAR p. 1502. 37.27.506 CHEMICAL DEPENDENCY EDUCATION COURSES: GENERAL EDUCATIONAL COURSE REQUIREMENTS (1) This program is for persons convicted of a DUI/per se/UDD or misdemeanor dangerous drug offense and sentenced under 61-8-410 , 61-8-732 , or Title 45, chapter 9 or 10, MCA, to complete an alcohol or other dangerous drugs information course provided by a state approved program and which may include alcohol or drug treatment or both in accordance with state approved placement criteria and provided by a certified chemical dependency counselor. (2) The ACT program is a three part process which includes: (a) Assessment, which is the evaluation component utilized to identify chemical use patterns of DUI/per se/UDD offenders and to make appropriate recommendations for education and/or treatment. Misdemeanor dangerous drug offenders may complete the assessment with the ACT program or a state approved treatment program which offers an MDD education program. (b) Course, which is an educational component based on the curriculum contained and explained in ARM 37.27.516 and further defined in the ACT course curriculum manual. The manual may be obtained from the Department of Transportation, Traffic Safety Bureau, 2701 Prospect Avenue, P.O. Box 201001, Helena, MT 59620-1001. Misdemeanor dangerous drug offenders must complete a specific drug education course equivalent in hours to the ACT curriculum. The course will be based on the ACT curriculum but must contain specific information on misdemeanor drug laws. The MDD course may be combined with or held separately from the DUI course. If more than eight MDD clients are enrolled at one time on a consistent basis, it is recommended that the courses be offered separately. (c) Treatment, which is defined in 53-24-103 , MCA. Standards for treatment are required by 53-24-208 , MCA, and ARM 37.27.101 through 37.27.136 . The need for treatment services must be documented and verified through assessment and state approved patient placement procedures. Treatment may be provided by the treatment program conducting the ACT program or through a referral to another treatment program. (i) First DUI/per se/UDD offenders assessed as chemically dependent, all second and subsequent DUI/per se/UDD offenders and MDD offenders ordered by the court must complete all three components of the ACT program. The treatment provided must be at a level appropriate to the offender's alcohol/drug problem, based upon patient placement criteria as defined in ARM 37.27.120 . (3) To complete the ACT program, the offender: (a) must enroll by the date specified by the sentencing court. If no date is specified, then within 10 days of the ACT program's receipt of the court referral notice; (b) must start the course process within 30 days of the program's receipt of the court referral notice; and (c) must complete the program in a minimum of 30 days from the date of enrollment, but no longer than 90 days from the date of enrollment. An exception to the 30-day minimum may be granted by the department based only on justified geographical considerations. The ACT program will notify the sentencing courts in all cases of failure to comply and the sentencing court may notify the drivers control bureau. Authorizing statute(s): Sec. 53-24-204 , 53-24-208 and 53-24-209 , MCA Implementing statute(s): Sec. 45-9-208 , 45-10-108 , 61-8-410 , 61-8-714 , 61-8-722 and 61-8-732 , MCA History: NEW, 1985 MAR p. 2011, Eff. 12/27/85; AMD, 1987 MAR p. 2383, Eff. 12/25/87; AMD, 1990 MAR p. 737, Eff. 4/13/90; AMD, 1996 MAR p. 1312, Eff. 5/10/96; AMD, 1998 MAR p. 351, Eff. 1/30/98; TRANS, from DOC, 1998 MAR p. 1502. 37.27.507 EDUCATION COURSE REQUIREMENTS FOR MIP OFFENDERS (MIP PROGRAM) (1) This program is for minors convicted of unlawful possession of intoxicating substance and sentenced under 45-5-624 , MCA. The requirements for the MIP education course are contained in the MIP curriculum manual. The manual may be obtained from the Department of Public Health and Human Services, Addictive and Mental Disorders Division, 1400 Broadway, P.O. Box 202951, Helena, MT 59620-2951. (2) A person 18 to 20 years of age, who is convicted of a third or subsequent offense of possession of an intoxicating substance under 45-5-624 , MCA, and ordered to complete an alcohol information course at a state approved program shall attend and complete the ACT program, with all of its requirements. Authorizing statute(s): Sec. 53-24-204 and 53-24-208 , MCA Implementing statute(s): Sec. 45-5-624 and 53-24-208 , MCA History: NEW, 1985 MAR p. 2011, Eff. 12/27/85; AMD, 1987 MAR p. 2383, Eff. 12/25/87; AMD, 1996 MAR p. 1312, Eff. 5/10/96; TRANS, from DOC, 1998 MAR p. 1502. 37.27.515 CHEMICAL DEPENDENCY EDUCATIONAL COURSES: REQUIRED SERVICES (1) The process for assessment shall be as follows: (a) a minimum of three assessment/evaluation instruments must be utilized and cross-referenced as part of the assessment process. Assessment instruments are as defined in ARM 37.27.502 ; (b) a minimum of two individual assessment interview sessions with a certified chemical dependency counselor must be documented in the assessment process; (c) based on the results of the assessment process, the offender will be classified as misuser/no patterns, abuser, chemically dependent or unidentified. The results of the assessment must be documented in the offender's file; and (d) an evaluation and recommendation report must be submitted by a certified chemical dependency counselor to the sentencing court if a first DUI/per se/UDD offender is diagnosed as chemically dependent and recommended for treatment or the DUI/per se/UDD offender has a second or subsequent offense. (i) The report must include the assessment instruments utilized, results of the testing, problem indicators, assignment to one of the four assessment categories (i.e., misuser/no patterns, abuser, chemically dependent or unidentified) , and recommendation for treatment and corresponding rationale based on patient placement criteria as defined in ARM 37.27.120 which determines appropriate level of care. (ii) A MDD offender diagnosed as chemically dependent will be referred back to the court with a treatment recommendation. Compliance with treatment is contingent upon the court's approval of the treatment recommendation. (2) The process for recommending treatment shall be as follows: (a) If a DUI/per se/MDD/UDD offender is assessed as chemically dependent or is a repeat DUI/per se/UDD offender, recommendations for treatment must be developed by the program counselor in accordance with state approved patient placement rules. The offender may disagree with the program recommendations and seek an independent assessment from a certified chemical dependency counselor. The determination from this assessment must be based on diagnosis and patient placement rules adopted by the department of public health and human services. Offenders must be advised of this right by the program. (b) Following completion of the assessment, the certified chemical dependency counselor will submit an evaluation/recommendation report to the sentencing court which includes a determination of the appropriate model of treatment based upon state approved placement criteria. Treatment recommendations may include inpatient with aftercare, intensive outpatient with aftercare or outpatient scheduled at least once per week. (c) Pursuant to 61-8-732 , MCA, the sentencing court must order compliance with treatment recommendations in the case of first DUI/per se/UDD offenders assessed as chemically dependent or repeat DUI/per se/UDD offenders. When the offender has disagreed with recommendations and obtained a second opinion, the sentencing court shall order the appropriate level of treatment as determined by one of the counselors. (d) The offender may attend the approved assessment/ education and/or treatment program of the offender's choice. The approved program or certified chemical dependency counselor accepting an ACT program referral to treatment must notify the sentencing court upon completion of treatment, or upon an offender's failure to complete. (e) Copies of the evaluation and recommendation report must be documented in the offender's file and given to the offender. (f) A sentencing court or counselor may not require attendance at a self-help program unless the meeting is defined as "open" by the self-help program. Authorizing statute(s): Sec. 53-24-204 , 53-24-208 and 53-24-209 , MCA Implementing statute(s): Sec. 45-9-208 , 45-10-108 , 61-8-714 , 61-8-722 and 61-8-732 , MCA History: NEW, 1996 MAR p. 1312, Eff. 5/10/96; AMD, 1998 MAR p. 351, Eff. 1/30/98; TRANS, from DOC, 1998 MAR p. 1502. 37.27.516 CHEMICAL DEPENDENCY EDUCATIONAL COURSES: COURSE CURRICULUM (1) Course curriculum shall include the following (specific content of the topic areas below may be found in the ACT curriculum manual): (a) The DUI/UDD and/or MDD educational component must include a minimum of four educational sessions totaling at least 8 hours. (b) The curriculum will include four major topic areas: (i) review of the laws and consequences of violating them; (ii) physiological/ neurophysiological effects of alcohol and other drugs; (iii) social and psychological implications of alcohol and other drug use; and (iv) self assessment. (c) The MDD curriculum must contain a specific review of MDD laws. Authorizing statute(s): 53-24-204 , 53-24-208 , 53-24-209 , MCA Implementing statute(s): 45-9-208 , 45-10-108 , 61-8-401 , 61-8-714 , 61-8-722 , 61-8-732 , MCA History: NEW, 1996 MAR p. 1312, Eff. 5/10/96; AMD, 1998 MAR p. 351, Eff. 1/30/98; TRANS, from DOC, 1998 MAR p. 1502. 37.27.517 CHEMICAL DEPENDENCY EDUCATIONAL COURSES: MONITORING REQUIREMENTS (1) One year monthly monitoring requirements: (a) Those offenders with a second or subsequent conviction must be monitored for compliance with continuing care recommendations; (b) Monitoring will consist of at least one face to face individual and/or group contact per month, conducted by a certified or eligible as a chemical dependency counselor, for a period of 1 year from the date of admission to the treatment program; and (c) The treatment provider, providing the monitoring services, will notify the sentencing court within 10 days if the offender fails to comply with the continuing care recommendations. Authorizing statute(s): Sec. 53-24-204 , 53-24-208 and 53-24-209 , MCA Implementing statute(s): Sec. 45-9-208 , 45-10-108 , 61-8-714 and 61-8-722 , MCA History: NEW, 1996 MAR p. 1312, Eff. 5/10/96; TRANS, from DOC, 1998 MAR p. 1502. 37.27.521 CHEMICAL DEPENDENCY EDUCATIONAL COURSES: ACT PROGRAM PROVIDER REQUIREMENTS (1) Program staff requirements are as follows: (a) Individual assessment sessions must be provided by a certified chemical dependency counselor; (b) Assessments which recommend treatment must be performed, signed and dated by a certified chemical dependency counselor; and (c) Staff conducting the educational course component must receive an ACT program specific training course sponsored by the traffic safety bureau within 6 months from the date of hire and also be certified or eligible as a chemical dependency counselor as defined in ARM 20.3.401 through 20.3.416 . (2) Programs shall develop policies and procedures which address the ACT program requirements of these rules and shall include: (a) Services and staff requirements; (b) Procedures for determining cost and fees charged for the ACT program; and (c) Goals and objectives which address required effectiveness indicators shall include, but not be limited to ACT caseload, completion ratios, numbers of offenders recommended for treatment, and number of repeat offenders. Authorizing statute(s): 53-24-204 , 53-24-208 , 53-24-209 , MCA Implementing statute(s): 45-9-208 , 45-10-108 , 61-8-714 , 61-8-722 , MCA History: NEW, 1996 MAR p. 1312, Eff. 5/10/96; TRANS, from DOC, 1998 MAR p. 1502. 37.27.525 CHEMICAL DEPENDENCY EDUCATIONAL COURSES: RECORD KEEPING AND REPORTING REQUIREMENTS (1) Record keeping and reporting requirements specific to the ACT program shall include: (a) Alcohol and drug information system (ADIS) admission/discharge ACT program report; (b) assessment instruments utilized; (c) progress notes documenting the assessment interviews, which includes data to validate the assessment findings and treatment placement recommendations when appropriate and includes the counselor's observations and conclusions; (d) documentation of educational sessions attended, dates of assessment interviews, and tracking summaries; (e) evaluation and recommendation reports; (f) court sentencing orders or referral forms; (g) release of confidential information forms to the sentencing court and driver control bureau signed upon admission, and other forms as required; (h) documentation of referral to or from another ACT program when applicable; (i) fee charges and documentation of ability to pay if required; (j) documentation of non-compliance where applicable; and (k) biopsychosocial and patient placement documentation; and (l) advisal of rights form. Authorizing statute(s): Sec. 53-24-204 , 53-24-208 and 53-24-209 , MCA Implementing statute(s): Sec. 45-9-208 , 45-10-108 , 61-8-714 and 61-8-722 , MCA History: NEW, 1996 MAR p. 1312, Eff. 5/10/96; TRANS, from DOC, 1998 MAR p. 1502.