Driving Under the Influence Programs
Frequently Asked Questions: Provider-Focused
CCR, Title 9, Section 9800-Definitions
- Some programs are not open for business Monday through Friday, and may be open on Saturdays. For these programs, does ďworking daysĒ mean days the program operates or days the Department operates?
CCR, Title 9, Section(s) 9848 & 9879-Participant Enrollment
- Who is qualified to conduct the intake interview including a review of program contract with participants and conduct the required assessment?
- Who is qualified to complete other administrative duties required for enrollment?
- Participants contracts are required to reflect program fees, additional fees, and shall include a statement that the participant may request the DUI program to conduct a financial assessment to determine the participantís ability to pay the program fee. Is the program required to have existing participants enrolled prior to July 21, 2012 sign a new contract reflecting the new changes?
CCR, Title 9, Section 9849-Assessment of Participantís Alcohol or Drug Problem
- Are programs required to complete assessments for participants transferring from another program?
- Are programs required to complete assessments for participants enrolled in Wet and Reckless programs?
CCR, Title 9, Section 9851-Program Services to be Provided
- Program participants enrolled in a 30 month program are required to maintain a compendium of evidence. What is a compendium of evidence and what is required by the DUI program to be in compliance?
CCR, Title 9, Section 9858-Face-to-Face Interviews
CCR, Title 9, Section 9867 & 9868-Notice of Completion Certificates and Proof of Enrollment Certificates
- Must programs maintain dismissed participant files for four years even though participants lose credit for services two years after dismissal?
CCR, Title 9, Section 9866-Organization and Maintenance of Participant Records
- Programs are required to provide a receipt to participants for the issuance of Notices of Completion and Proofs of Enrollment. What constitutes a receipt?
- Programs are required to maintain electronic Notice of Completion and Proof of Enrollment logs. What does that mean? Do programs have to print copies of the DMV list of completions and enrollments?
CCR, Title 9, Section 9874-Program Sobriety
- If a participant attends the program under the influence of marijuana and can provide a ďmedical marijuana cardĒ from a physician, what action shall the program take?
- Must a program dismiss a participant for being under the influence of medication prescribed by a physician?
- When determining participant sobriety, must the program staff documenting their observation of the participantís behavior be counselors?
- Do absences follow the participant from one program to another?
CCR, Title 9, Section 9878-Participant Fees
- What are the definitions for additional fees that will be allowable if applied for by licensed DUI programs and approved by ADP?
CCR, Title 9, Section 9879- Financial Assessment to Determine Participantís Ability to Pay Program Fees
- Amended regulations require that participant contracts include a statement that the participant may request the program to conduct a financial assessment to determine the participantís ability to pay the program fee. Are programs still required to post this information on the wall?
- When a participant has been suspended from program activities for non-payment of fees, does the suspension time count as active time in the program?
- Does the 21 day attendance requirement apply to participants suspended for non-payment of fees?
Working days means all days the Department is open for business. This definition applies regardless of the business hours of a program.
The program counselor, intern as defined in subsection 9846(f), or individuals registered to obtain certification must perform the intake interview and conduct the participant assessment.
It is not necessary for the counselor to complete other program enrollment duties. DUI program staff may complete additional enrollment duties such as overseeing the completion of administrative forms, scheduling activities, and providing a list of the date, time, and location of services the participant is required to attend.
► Participants contracts are required to reflect program fees, additional fees, and shall include a statement that the participant may request the DUI program to conduct a financial assessment to determine the participantís ability to pay the program fee. Is the program required to have existing participants enrolled prior to July 21, 2012 sign a new contract reflecting the new changes?
Existing participants prior to July 21, 2012 may sign a contract addendum reflecting new requirements and fee changes as applicable. Programs should provide all applicants enrolling in programs after July 21, 2012 newly revised contracts. Program analysts will be reviewing participant contracts during their on-site program reviews. Deficiencies will apply to those programs not in compliance with these changes.
Yes, if the participant transferred into the program prior to the completion of an assessment by the sending program. Transferring programs that have conducted an assessment prior to participant transfer are required to forward the results to the receiving program along with other pertinent participant information.
Yes. The DUI program shall complete an assessment of each participantís alcohol or drug use-regardless of length in time in program. Regulations allow a maximum of 60 days to complete-there is no minimum time to complete an assessment.
A compendium of evidence is an account, usually in book form, that reflects the participantís involvement in community service as determined by the court demonstrating: improvement in occupational performance, family relations, physical and mental health, financial affairs, the prevention of driving under the influence, promotion of safe driving, etc. The DUI program shall review this compendium once every three months and document in participantís file the outcomes and dates the review(s) occur.
A face-to-face interview is a private, facilitated individual discussion to monitor the participantís progress that is at a minimum of 15 minutes in length. An individual counseling session is a counseling session for participants who are not able to benefit from group counseling sessions. One hour of individual counseling may be substituted for two hours of group counseling.
Yes. The amended regulations specify that programs must maintain participant records for 48 months after dismissal from the program.
Either a copy of the certificate or other form of documentation indicating the certificate has been electronically or manually transmitted to DMV. Provide documentation in the participant record that the receipt or certificate has been provided to the participant.
The information programs electronically enter into the DMV database that results in the issuance of the certificate(s) meets the requirement of maintaining a program log in electronic format. Programs will not be expected to maintain hard copies of the DMV list of participants issued Notices of Completion and Proofs of Enrollment. Programs issuing manual certificates must continue to maintain hand-written in ink or typed program logs in sequential order.
If a participant is sleeping, disruptive, belligerent, or otherwise appears unable to pay attention and participate in program services due to the effects of the ďmedical marijuanaĒ the program may dismiss the participant. Two or more staff members may document the observations made of the participant and include this written documentation in participantís program file. BEST PRACTICE: Adding this information to participant contracts and reviewing at the time of enrollment clearly defines the expectation and consequence of such behavior.
If a participant is sleeping, disruptive, belligerent, or otherwise appears unable to pay attention and participate in program services due to the effects of the participantís prescribed medication, the program may dismiss the participant. Two or more staff members may document the observations made of the participant and include this written documentation in participantís program file. BEST PRACTICE: Adding this information to participant contracts and reviewing at the time of enrollment clearly defines the expectation and consequence of such behavior.
No. Any two program staff may document the appearance and behavior of participants suspected of failing to maintain program sobriety.
Yes, if the participant transfers with no break in enrollment all absences carry over to the new program. However, transfer of a non-enrolled participant counts as a new enrollment and accrual of absences begin again. Participants still receive program credit for activities completed unless the participant has been dismissed for more than two years. The sending program is required to forward participant information to the receiving program.
Definition of Allowable Additional Program Fees with ADP Approval* An approved Leave of Absence Fee may be assessed for each approved leave of absence. An approved Returned Check Fee may be assessed when a participantís check has been returned by the bank for any reason or when a participant reverses a credit card payment. This fee is in addition to fees the bank may impose upon the program. An approved Missed Activity Fee may be assessed when a participant fails to attend a scheduled program activity without rescheduling. A participant may not be charged both a reschedule and missed activity fee simultaneously. An approved Rescheduling Fee may be assessed when a program reschedules a future program activity at the request of the participant. A participant who reschedules an activity may not be charged with an absence. An approved Transfer-out Fee may be assessed to process the transfer of a participant to another licensed program. This fee may not be assessed for the transfer of non-enrolled participants or administrative referrals. An approved Transfer-in Fee may be assessed by the receiving program to enroll the participant into the program. The program may not assess both a transfer-in fee and an intake fee. Participants should not be required to pay the county fee if transferring within the county and the fee has been previously paid. This also applies to the state fee regardless of which county the participant transfers to. An approved Reinstatement Fee may be assessed when a participant reinstates into the program following dismissal. An approved Duplicate DL101 Fee may be assessed for the research required to issue a duplicate Notice of Completion certificate or Notice of Completion receipt to a participant. A receipt can be either a copy of the actual certificate if filed electronically or documentation that the certificate has been manually submitted to DMV. An approved Late Payment Fee may be assessed when the participant fails to make timely payments as set forth in the fee payment agreement. An approved Alcohol/Drug Screening Fee may be assessed when the program administers an alcohol or drug test to the participant in which the participant tests positive. * Approved additional fees outlined above do not apply to participants eligible for a maximum program fee of no more than $5.00.
► Amended regulations require that participant contracts include a statement that the participant may request the program to conduct a financial assessment to determine the participantís ability to pay the program fee. Are programs still required to post this information on the wall?
Yes, Section 9879(b) still requires the posting of notification of the participantís right to request a financial assessment.
When the program suspends a participantís education, individual and group counseling activities for 15 days due to non-payment of fees, the participant is still required to attend face-to-face interviews. Although participants are required to continue attendance at scheduled face-to-face interviews during the first 15 days of suspension, this time does not count as active time in the program. With the exception of the day spent in face-to-face interview, although it is only 15 minutes it counts as one active day. If a program chooses to suspend a participant an additional 30 days for continued non-payment of fees, all program activities may be suspended, and again, the suspension time does not count as active time in program.
Program activities missed due to suspension shall not be considered as failure to attend program services without a leave of absence, and the 21 day attendance requirement does not apply. Missing a scheduled face-to-face appointment during the initial 15 day suspension does result in a program absence for the participant.