Mo. Code Regs. tit. 9 § 30-3.206

Current through Register Vol. 49, No. 19, October 1, 2024

Section 9 CSR 30-3.206 - SATOP Structure

PURPOSE: This amendment replaces the term group education with group rehabilitative support and adds an electronic submission process for the SATOP Comparable Program Completion form and payment methods for the SATOP supplemental fees.

(1) Assessment Process and Program Assignment. Offender Management Units (OMU) are the designated entry point for individuals referred to a Substance Awareness Traffic Offender Programs (SATOP).

(A) All OMUs must be certified by the department to provide the Offender Education Program. Substance use disorder treatment programs that are contracted by a DWI court to serve serious and repeat offenders are excluded from this requirement.

(B) All individuals are screened at the OMU by a SATOP Qualified Professional (SQP). The SQP assigns the individual to an education or treatment program based on screening results, department referral criteria, and his/her professional judgment.

(C) The OMU issues a SATOP Offender Assignment form to each individual at the completion of the screening.

(D) Individuals are not required to fulfill their SATOP requirement with the OMU that conducted his/her screening. Individuals may request to attend a program based on circumstances such as distance, work schedule, or other factors. The originating OMU shall provide each individual with the contact information for certified SATOPs in his/her chosen location in order to select a service provider.

(E) The OMU provides a referring court or probation and parole office with a copy of the SATOP Offender Assignment form, upon request, and with proper release of information from the individual.

(2) Assessment Process. A SQP shall conduct a screening for each individual who presents to the OMU to determine his/her service needs. Screening recommendations are impartial and based solely on the needs of the individual and the welfare of society.

(A) The screening process includes, but is not limited to:

1. Collection of basic demographic information;

2. Completion of the 2013 edition of the Driver Risk Inventory-2 (DRI-2) published by and available from Behavior Data Systems, PO Box 44256, Phoenix, AZ 85064-4256. The document incorporated by reference does not include any later amendments or additions;

3. A face-to-face interview with the SQP, including information related to any previous substance use treatment;

4. A written summary of findings and program assignment;

5. Driving record report from the Department of Revenue or other reliable source;

6. Blood alcohol content (BAC) at time of arrest and/or toxicology results, if available; and

7. Completion of the SATOP Assignment Form and, when required, a narrative report to the court with release of information from the individual.

(B) Coordination with the courts, probation and parole, Department of Revenue, or other entities shall be provided, as necessary, to verify service recommendations are understood by all parties.

(C) Individuals who have a serious emotional disorder or serious mental illness which may interfere with his/her participation in SATOP shall be referred to a qualified mental health professional for an evaluation. Participation in SATOP may be delayed until the individual's mental health needs are evaluated and necessary services are obtained.

1. The OMU shall maintain an affiliation agreement or memorandum of understanding with a certified community mental health center or a licensed mental health professional in order to promptly coordinate mental health services.

(D) Individuals shall receive written notification from the OMU that the screening is valid for six (6) months from the date of completion and payment for a second screening will be required if the six- (6-) month time period lapses prior to engagement in the assigned level of service, unless-

1. A motion for judicial review has been filed, or;

2. A second opinion from an alternate OMU is obtained prior to the end of the six- (6-) month period.

(E) Individual records may be closed after the six- (6-) month period expires unless a motion for judicial review or second opinion applies.

(3) Program Referral Guidelines. The SQP shall base program assignment on his/her professional judgment, screening results, and referral guidelines established by the department, as follows:

(A) 1st Offense-Offender Education Program (OEP) or Adolescent Diversion Education Program (ADEP) unless a more intense program is indicated by factors such as blood alcohol content at time of arrest, other alcohol- or drug-related arrests, results of the DRI-2, prior treatment for a substance use disorder, or occupational, relationship, medical, or other issues;

(B) 2nd offense-Weekend Intervention Program (WIP) unless a more intense program is indicated by factors such as blood alcohol content at the time of arrest, other alcohol- or drug-related arrests, results of the DRI-2, prior treatment for a substance use disorder, or occupational, relationship, medical, or other issues;

(C) 3rd offense-Clinical Intervention Program (CIP) unless a more intense program is indicated by factors such as blood alcohol content at the time of arrest, other alcohol- or drug-related arrests, results of the DRI-2, prior treatment for a substance use disorder, or occupational, relationship, medical, or other issues;

(D) Prior and Persistent Offender-Serious and Repeat Offender Program (SROP). Individuals who have a BAC of 0.15 or greater at time of arrest, two (2) or more arrests for driving under the influence of alcohol or drugs with administrative action by the Department of Revenue, and meet diagnostic criteria for a substance use disorder, thereby meeting the statutory definition as a prior or persistent offender, shall be referred to intensive treatment.

1. As used in these SATOP rules, the terms prior and persistent offender mean-

A. Prior offender, a person who has pleaded guilty to or has been found guilty of one (1) intoxication-related traffic offense, where such prior offense occurred within five (5) years of the occurrence of the intoxication-related traffic offense for which the person is charged;

B. Persistent offender, a person who has pleaded guilty to or has been found guilty of two (2) or more intoxication-related traffic offenses; a person who has pleaded guilty to or has been found guilty of involuntary manslaughter pursuant to section 565.024.1(2) or (3), RSMo; assault in the second degree pursuant to section 565.060.1(4), RSMo; assault of a law enforcement officer in the second degree pursuant to section 565.082.1(4), RSMo;

(E) Exceptions to these referral guidelines require prior approval from the department.

(4) OEP and ADEP Requirements. The OEP and ADEP are designated for individuals with a first-time alcohol- or drug-impaired driving offense. Educational sessions and discussions focus on helping individuals assess his/her personal responsibility related to alcohol- and drug-impaired driving.

(A) OEPs and ADEPs must maintain a contract with the department and conduct the respective program in accordance with the 2017 edition of the OEP Missouri Curriculum Guide or the 2014 edition of the ADEP Missouri Curriculum Guide produced by The Change Companies, 5221 Sigstrom Dr., Carson City, NV 89706. Prior approval from the department is required to alter the content and methods in the curriculum guides incorporated herein by reference. The referenced guides do not include any later amendments or additions.

(B) At least ten (10) hours of education and discussion must be provided to individuals over a period of at least two (2) calendar days. Sessions shall not exceed six (6) hours per day (excluding breaks) and should begin and end at times that are accessible for participants. No more than twenty percent (20%) of the educational component may consist of electronic media/audiovisual aids.

(C) Program size must ensure the opportunity for participation from individuals in attendance. Group sessions are limited to thirty (30) individuals. Parents, guardians, or other natural supports who attend a session or part of a session are not included in the limit of thirty (30) individuals.

(D) Prior to successful program completion, each individual must develop a personal plan of action to assist them in preventing alcohol- and drug-impaired driving behavior in the future.

(5) WIP Requirements. The WIP is designated for individuals with a second alcohol- or drug-impaired driving offense and those identified through the SATOP screening as being a high risk, first-time driving while intoxicated or driving under the influence (DWI/DUI) offender.

(A) WIPs must maintain a contract with the department and conduct the program in accordance with the 2017 edition of the WIP Missouri Curriculum Guide produced by The Change Companies, 5221 Sigstrom Dr., Carson City, NV 89706. Prior approval from the department is required to alter the content and methods in the curriculum guide incorporated herein by reference. The referenced guide does not include any later amendments or additions.

(B) The WIP is an intensive education program conducted during a forty-eight (48) hour weekend in a supervised and structured location approved by the department. Sessions shall begin and end at times that are accessible for participants.

(C) The program requires a minimum of twenty (20) hours of combined individual counseling and group education and discussion that assists individuals in assessing their personal responsibility related to alcohol- and drug-impaired driving and taking proactive steps to prevent future occurrences of impaired driving.

1. Individual counseling shall be provided by a SQP.

2. Small group discussions shall be facilitated by at least one (1) SQP or QAP per twelve (12) participants. In the event two (2) staff co-facilitate a small group, one (1) of the staff may be a SATOP Qualified Instructor or an Associate Alcohol Drug Counselor if the group size does not exceed twenty-four (24) individuals.

3. Group education sessions shall not exceed thirty (30) individuals per staff member, including lectures and audiovisual presentations. Group education shall be conducted by a SQP or SQI.

(D) Meals and snacks shall be provided for individuals participating in the WIP at times comparable to normal meal times in the community. Preparation and management of meals and snacks must meet applicable state, county, and/or city health regulations.

(E) Instructional aids shall be incorporated into education sessions to enhance understanding and promote discussion and interaction among participants. Aids may include, but are not limited to, DVD's or other electronic media, worksheets, and informational handouts and shall not comprise more than twenty percent (20%) of group education sessions.

(F) Guest speakers may be utilized in education sessions but shall not comprise more than twenty percent (20%) of the educational component of the program.

(6) CIP Requirements. The CIP addresses the needs of high-risk first and second-time DWI/DUI offenders, third-time offenders, and individuals identified during the SATOP screening process as meeting diagnostic criteria for a substance use disorder or being at risk for a substance use disorder. Services focus on substance use disorders and the resolution of problems related to substance use and the individual's drinking and driving behavior.

(A) CIPs must maintain a contract with the department and comply with 9 CSR 30-3.130.

(B) A SQP or QAP shall utilize a department-approved instrument to administer a comprehensive assessment for each individual admitted to the program.

1. Assessment results shall be utilized to develop an individual treatment plan. Treatment plan reviews and updates shall be conducted as specified in 9 CSR 10-7.030.

2. Family members and/or other natural supports shall be involved in the development of the individual treatment plan, as appropriate and allowable. The reason(s) for non-participation of family members/natural supports shall be documented in the individual record.

(C) Each individual admitted to a CIP must complete fifty (50) hours of therapeutic, structured activities through a combination of individual and group counseling and group rehabilitative support in accordance with contract requirements. Services and activities must be accessible to individuals who are employed, in school, have family/childcare responsibilities, or other obligations.

(D) The CIP is intended to be completed over a six (6) to eight (8) week time period and should not be completed in less than (3) weeks nor extend beyond six (6) months. The actual time period for completion of the program is based on individual needs.

(E) Individual and group counseling sessions must be facilitated by a Qualified Addiction Professional or SQP. Group counseling sessions are limited to twelve (12) individuals per staff member. In order to accommodate individuals in accessing services, group size may be greater than twelve (12) individuals with approval from the department.

(F) Group rehabilitative support sessions shall be facilitated by a SQP or SQI. Group rehabilitative support sessions are limited to thirty (30) individuals per staff member.

(G) A blood alcohol content (BAC) or urine test shall be conducted for each individual a minimum of one (1) time per week. Random BAC tests and/or urine tests may also be conducted. All test results shall be documented in the individual record.

(7) SROP Requirements. The SROP addresses the needs of high-risk, high-need adults who have a DWI/DUI offense and meet criteria for a moderate to severe substance use disorder with the potential for recidivism. Services focus on substance use disorders and the resolution of problems related to substance use and the individual's drinking and driving behavior.

(A) SROPs must maintain a contract with the department and comply with 9 CSR 30-3.130.

(B) A SQP or Qualified Addiction Professional shall utilize a department-approved instrument to administer a comprehensive clinical assessment for each individual admitted to the program.

1. Assessment results shall be utilized to develop an individual treatment plan. Treatment plan reviews and updates shall be conducted as specified in 9 CSR 10-7.030.

(C) Each individual admitted to a SROP must complete a minimum of seventy-five (75) hours of therapeutic, structured activities through a combination of individual and group counseling and group rehabilitative support in accordance with contract requirements. Services shall be structured to address the specific and unique needs of serious and repeat DWI/DUI offenders.

(D) Services shall include at least thirty-five (35) hours of individual and group counseling provided by a Qualified Addiction Professional or SQP. Group counseling sessions are limited to twelve (12) individuals per staff member. In order to accommodate individuals in accessing services, group size may be greater than twelve (12) individuals with approval from the department.

(E) Services shall be based on individual needs and should be completed in no less than ninety (90) days.

(8) Treatment Services for Youth. Individuals under the age of eighteen (18) whose screening results indicate the need for intensive treatment shall be referred to and successfully complete a substance use disorder treatment program for adolescents. The program must be certified by the department or nationally accredited to provide services for adolescents.

(9) Comparable Program for Missouri Residents. Missouri residents who have pled guilty or have been found guilty of an alcohol- or drug-related traffic offense may complete a comparable program in lieu of a SATOP to be eligible for license reinstatement.

(A) A comparable program is one that is state-certified and/or nationally accredited as a substance use disorder treatment program by The Joint Commission, Commission on Accreditation of Rehabilitation Facilities, Council on Accreditation, or other accrediting body recognized by the department.

(B) Individuals must receive a drug and alcohol screening, comprehensive assessment, and successfully complete the recommended treatment services from the comparable program.

1. Missouri residents must complete a minimum of one-hundred and twenty (120) hours of treatment in no less than twenty-one (21) days. Treatment hours must include a minimum of forty (40) hours of individual and group counseling. The remaining hours must include a combination of driver-related education, individual counseling, group counseling, group rehabilitative support, and family therapy.

(C) The provider of services shall verify the individual's successful program completion on the SATOP Comparable Program Completion form.

1. The individual shall present the SATOP Comparable Program Completion form to an OMU where a SATOP Completion Certificate will be issued to him/her. A SATOP screening is not required; however, the supplemental fee shall be collected from the individual. The OMU may charge an additional processing fee.

2. The OMU shall conduct a review of the individual's current driving record to ensure there are no alcohol- or drug-related traffic offenses during or after the treatment episode.

(10) Comparable Program for Out-of-State Residents. Individuals who have had an alcohol- or drug-related traffic offense in Missouri but live in or have moved to another state must complete a SATOP or a comparable program to be eligible for license reinstatement.

(A) To complete a comparable program, the individual must have a drug and alcohol screening and complete the recommendation of the screening. The provider of the screening and provider of services must be certified/licensed by the state of residence and/or be accredited by The Joint Commission, Commission on Accreditation of Rehabilitation Facilities, Council on Accreditation, or other accrediting body recognized by the department.

1. A minimum of ten (10) hours of drug and alcohol education is required unless the screening results indicate the need for more intensive services.

2. The department shall make the final determination regarding the acceptability of the out-of-state program.

(B) A completed SATOP Comparable Program Completion form must be submitted to the department by one (1) of the following methods:

1. Email to mailto:satop@dmh.mo.gov;

2. Mail to Department of Mental Health, Controller's Office, SATOP, PO Box 596, Jefferson City, MO 65102-0596; or

3. Submit electronically to the department by accessing the form at https://dmh.mo.gov/media/pdf/satop-comparable-program-completion-form.

(C) Payment of the SATOP supplemental fee for a SATOP comparable program must be submitted to the department by one (1) of the following methods:

1. Electronic payment following the instructions at https://magic.collectorsolutions.com/magic-ui/en-US/Login/mo-mental-health; or

2. Mail the supplemental fee of two hundred forty-nine dollars ($249) in the form of a signed money order made payable to the Mental Health Earnings Fund, Department of Mental Health, Controller's Office, SATOP, PO Box 596, Jefferson City, MO 65102-0596.

A. The supplement fee should not be paid until after the SATOP Comparable Program Completion form has been submitted in accordance with the instructions in subsection (10)(B) of this rule.

B. Payment must include the individual's name, date of birth, last four (4) digits of their Social Security number, and driver's license number, if known.

(D) Questions regarding the SATOP Comparable Program Completion form or payment of the supplemental fee should be directed to the SATOP help desk at (573) 5224020. Information is also available on the SATOP website at https://dmh.mo.gov/behavioral-health/satop.

(E) Following review of the comparable program, department staff will provide notification of the individual's program completion to the Missouri Department of Revenue.

(11) Department of Corrections Treatment Programs. Substance use disorder treatment programs completed by individuals who are incarcerated in a Missouri Department of Corrections facility may be recognized as a SATOP comparable program. Individuals must contact the Department of Corrections to obtain information on approved programs.

(12) SATOP Costs and Fees. The costs for the screening, education, and treatment programs are established by the department and reviewed periodically. Costs shall not be greater than relative costs indicate. Programs shall not establish costs or fees that are not specified in this rule unless prior authorization from the department is granted. All fees are to be paid by the individual being served.

(A) The screening fee includes monitoring the individual's progress in the assigned education or treatment program and case coordination with the department, courts, probation and parole, Department of Revenue, and other entities as necessary.

(B) The cost for treatment in a department-certified and contracted substance use disorder treatment program is based on actual services provided.

(C) All individuals referred to a SATOP, including those participating in a comparable program as outlined in this rule, are required to pay a supplemental fee as specified in 9 CSR 30-3.208. The supplemental fee is in addition to the cost of the screening, education, and treatment services.

(D) Costs for individuals participating in a WIP, CIP, SROP, or a department-certified and contracted substance use disorder treatment program may be partially offset in accordance with 9 CSR 10-31.011.

(13) Successful Program Completion. Successful completion of a SATOP requires that the individual-

(A) Is free from alcohol or illegal drug use when participating in services and, as applicable, uses prescription medication as prescribed during program participation;

(B) Attends all sessions on time;

(C) Attends sessions in their proper sequence unless the instructor approves an alternate sequence;

(D) Completes all assignments and cooperatively participates in all class activities;

(E) Pays all fees prior to program completion; and

(F) Completes and signs all required forms.

(14) Completion Certificate. A SATOP Completion Certificate is issued to each individual within seven (7) calendar days of his/her successful completion of an education or treatment program.

(A) The OMU that completed the screening and issued the program recommendation is responsible for issuing the SATOP Completion Certificate to the individual. The Department of Revenue receives automatic notification of each individual's successful program completion via the department's automated processing system.

(B) If an individual fulfills their SATOP requirement with a provider other than the OMU that completed the screening and issued the program recommendation, the provider of services notifies the originating OMU of the individual's successful program completion. Notification must be provided to the originating OMU in a timely manner to ensure the SATOP Completion Certificate is issued to the individual within seven (7) calendar days of successful program completion.

(C) If an individual completes a comparable program, an OMU must create the SATOP Completion Certificate and indicate that a comparable program was completed. Automated notification of the individual's successful program completion is provided to the department through the department's automated processing system.

(15) Compliance. Failure to adhere to the stipulations, conditions, and requirements set forth in this rule shall be considered cause for revocation or denial of program certification.

9 CSR 30-3.206

AUTHORITY: sections 302.540, 577.049 and 577.520, RSMo Supp. 2003 and 577.001, 577.525, 630.050, 630,053, 630.655 and 631.010, RSMo 2000.* This rule was originally filed as 9 CSR 30-3.760. Original rule filed Nov. 2, 1987, effective May 15, 1988. Emergency amendment filed April 20, 1988, effective May 15, 1988, expired Aug. 31, 1988. Amended: Filed April 20, 1988, effective Aug. 31, 1988. Amended: Filed July 6, 1992, effective Feb. 26, 1993. Emergency amendment filed May 3, 1994, effective July 1, 1994, expired Oct. 28, 1994. Emergency amendment filed Oct. 17, 1994, effective Oct. 28, 1994, expired Feb. 24, 1995. Amended: Filed May 3, 1994, effective Nov. 30, 1994. Amended: Filed April 29, 1998, effective Oct. 30, 1998. Moved to 9 CSR 30-3.206 and amended: Filed Feb. 28, 2001, effective Oct. 30, 2001. Amended: Filed March 8, 2002, effective Sept. 30, 2002. Amended: Filed July 29, 2003, effective March 30, 2004. Amended: Filed June 15, 2004, effective Jan. 30, 2005.

Amended by Missouri Register July 16, 2018/Volume 43, Number 14, effective 8/31/2018

Amended by Missouri Register April 15, 2021/Volume 46, Number 08, effective 5/31/2021

Amended by Missouri Register December 1, 2023/volume 48, Number 23, effective 1/30/2024.

*Original authority: 302.540, RSMo 1983, amended 1984, 1993, 1996, 2001, 2002, 2003, 577.001, RSMo 1982, amended 1986, 1996; 577.049, RSMo 1982, amended 1993, 1996, 2003; 577.520, RSMo 1987, amended 1991, 1993, 1996, 2003; 577.525, RSMo 1987, amended 1991, 1996; RSMo 1980, amended 1993, 1995; 630.053, RSMo 1993, amended 1995, 1996; 630.655, RSMo 1980; and 631.010, RSMo 1980.