eLaws | eCases | State of Arizona |
 Arizona Administrative Code (Last Updated: November 17, 2016)
 Title 9. HEALTH SERVICES
 Chapter 20. DEPARTMENT OF HEALTH SERVICES COURT-ORDERED PROGRAM APPROVALS
 Article 1. DUI SERVICES

  Section R9-20-108. Requirements for DUI Screening  

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  • A.      An administrator shall ensure that policies and procedures are developed, documented, and implemented for:

    1.        Conducting DUI screening,

    2.        If applicable, performing DUI screening electronically including:

    a.        Using a secure connection,

    b.        Having direct and immediate  interaction   between the individual conducting the DUI screening and the individual being screened, and

    c.        Verifying the identities of the individual conducting and the individual receiving the DUI screening before the DUI screening is conducted;

    3.        Tracking and referring a client to DUI education or DUI treatment, and

    4.        Communicating  with   and  reporting   information  to  a referring court.

    B.       An administrator shall ensure that:

    1.        A client is given the following information in writing before DUI screening is conducted:

    a.        A description of the DUI screening process;

    b.        The timeline for initiating and completing DUI screening;

    c.        The consequences to the client for not complying with the DUI screening process and timeline; and

    d.        The cost and methods of payment for DUI screen- ing, DUI education, and DUI treatment; and

     

    2.     The client's receipt of the information is documented in

     

    iv.    Has experienced family, peer, or social prob-

    the client record.

     

    lems associated with alcohol or drug use;

    C.

    An administrator shall ensure that a client's DUI screening:

     

    v.     During DUI screening, provided responses on

     

    1.     Occurs within 30 days after the date of the court order,

     

    the   standardized   instrument   in   subsection

     

    unless otherwise required by the court;

     

    (C)(4) that indicated substance abuse;

     

    2.     Is conducted by a:

     

    vi.   Has previously participated in substance abuse

     

    a.     Behavioral health professional; or

     

    education or treatment for problems associated

     

    b.     Licensed  substance  abuse  technician  under  direct

     

    with alcohol or drug use;

     

    supervision, as defined in A.A.C. R4-6-101, of a

     

    vii.  Has experienced blackouts as a result of alco-

     

    behavioral health professional;

     

    hol or drug use;

     

    3.     Consists of a face-to-face interview that lasts at least 30

     

    viii. Has passed out as a result of alcohol or drug

     

    minutes but not more than three hours;

     

    use;

     

    4.     Includes administering at least one of the following for

     

    ix.   Has experienced symptoms of withdrawal from

     

    measuring alcohol dependency or substance abuse:

     

    alcohol or drug use including shakes or malaise

     

    a.     Driver Risk Inventory II,

     

    relieved by resumed alcohol or drug use; irrita-

     

    b.     Michigan Alcoholism Screening Test,

     

    bility; nausea; or anxiety;

     

    c.     The  Minnesota   Multiphasic  Personality  Inventory

     

    x.     Exhibits a psychological dependence on drugs

     

    MMPI-2,

     

    or alcohol;

     

    d.     Mortimer-Filkins Test,

     

    xi.   Has experienced an increase in consumption, a

     

    e.     Substance   Abuse    Subtle    Screening   Inventory

     

    change in tolerance, or a change in the pattern

     

    (SASSI),

     

    of alcohol or drug use; or

     

    f.      Drug Abuse Screening Test (DAST),

     

    xii.  Has  experienced   personality  changes  associ-

     

    g.     Adolescent     Chemical      Dependency     Inventory

     

    ated with alcohol or drug use; and

     

    (ACDI),

     

    2.     A Level 2 DUI client is a client who:

     

    h.     Juvenile Substance Abuse Profile (JSAP),

     

    a.      Does  not  meet  any   of  the  criteria  in   subsection

     

    i.      Reinstatement Review Inventory (RRI), or

     

    (D)(1)(a), and

     

    j       A substance abuse questionnaire that contains the

     

    b.     Meets no more than two of the criteria in subsection

     

    information in one of the screening assessments in

     

    (D)(1)(b).

     

    subsections (C)(4)(a) through (C)(4)(i); and

    E.

    An administrator shall ensure that after a client completes DUI

     

    5.     Is documented in the client record.

     

    screening:

    D.

    An administrator shall classify a client based upon the infor-

     

    1.     The results of the DUI screening are documented in the

     

    mation obtained in the DUI screening in subsection (C) as fol-

     

    client record and include:

     

    lows:

     

    a.      The client's alcohol concentration at the time of the

     

    1.     A Level 1 DUI client is a client who:

     

    arrest that led to the current referral, if available;

     

    a.     Meets at least one of the following:

     

    b.     The client's history of alcohol and drug use;

     

    i.      Has been arrested or convicted two or more

     

    c.     The  client's   history  of  treatment   associated  with

     

    times for alcohol or drug-related offenses;

     

    alcohol or drug use; and

     

    ii.     Had an alcohol concentration of 0.15 or higher

     

    d.     The client's history of impairments in physical, edu-

     

    at the time of the arrest that led to the current

     

    cational,  occupational,   or  social  functioning  as  a

     

    referral and meets at least one of the criteria in

     

    result of alcohol or drug use;

     

    subsections (D)(1)(b)(ii) through (xii);

     

    2.     Referrals are made as specified in subsection (F); and

     

    iii.   Has been unable to control use of alcohol or

     

    3.     The following information is reported to the referring

     

    drugs or has habitually abused alcohol or drugs;

     

    court within seven days after the client's completion of

     

    iv.    Admits a problem controlling alcohol or drug

     

    DUI screening:

     

    use;

     

    a.     The date that the client completed DUI screening;

     

    v.     Has been diagnosed with substance abuse or

     

    b.     The results of a client's DUI screening;

     

    organic brain disease resulting from substance

     

    c.      Recommendations for DUI education or DUI treat-

     

    abuse;

     

    ment, based on the:

     

    vi.   Has experienced symptoms of withdrawal from

     

    i.      Results of the DUI screening, and

     

    alcohol or drug use that included visual, audi-

     

    ii.     Recommended of the behavioral health profes-

     

    tory, or tactile hallucinations; convulsive sei-

     

    sional conducting the DUI screening; and

     

    zures; or delirium tremens; or

     

    d.     The name of the DUI services provider selected by

     

    vii.  Has been diagnosed with alcoholic liver dis-

     

    the client to provide DUI education or DUI treat-

     

    ease, alcoholic pancreatitis, or alcoholic cardio-

     

    ment to the client.

     

    myopathy by a medical practitioner; or

    F.

    Except as provided in subsection (H), an administrator shall

     

    b.     Meets at least three of the following:

     

    ensure that:

     

    i.      Had an alcohol concentration of 0.08 or higher

     

    1.     A Level 1 DUI client is referred to both:

     

    at the time of the arrest that led to the current

     

    a.     A DUI education provider that provides at least 16

     

    referral;

     

    hours of DUI education, and

     

    ii.     Had previously been arrested or convicted one

     

    b.     A DUI treatment provider that provides at least 20

     

    time  for  an  alcohol-related   or  drug-related

     

    hours of DUI treatment;

     

    offense;

     

    2.     A Level 2 DUI client is referred to a DUI education pro-

     

    iii.   Has experienced a decrease in attendance or

     

    vider that provides at least 16 hours of DUI education;

     

    productivity at work or school as a result of

     

    3.     The referral of a client includes:

     

    alcohol or drug use;

     

    a.      Providing the client with the names, addresses, and

     

     

     

    telephone numbers of three DUI education providers

    or DUI treatment providers, as applicable, in the geographic area requested by the client, at least two of which are not owned by, operated by, or affiliated with the DUI screening provider; and

    b.        Instructing the client to:

    i.         Select a DUI education provider or DUI treat- ment provider, as applicable;

    ii.        Schedule an appointment or enroll in DUI edu- cation or DUI treatment, as applicable, within seven days after the date of completion of the DUI screening; and

    iii.      Notify the DUI screening provider of the name of the DUI education provider or DUI treat- ment provider, as applicable, selected by the client;

    4.        A client's written authorization to release information to the selected DUI services provider is obtained; and

    5.        The DUI education provider or DUI treatment provider, as applicable, selected by the client is provided with:

    a.        A copy of the completed standardized instrument or results of the client’s DUI screening, and

    b.        Recommendations for DUI education or DUI treat- ment, as applicable, from the behavioral health pro- fessional who conducted the DUI screening.

    G.  A DUI screening provider may refer a Level 1 or Level 2 DUI client to a self-help or peer-support program that assists indi- viduals in achieving and maintaining freedom from alcohol or drugs, such as Alcoholics Anonymous or Narcotics Anony- mous. Participation in a self-help group or peer support pro- gram is not DUI education or DUI treatment and does not count toward required hours in DUI education or DUI treat- ment.

    H.  If a court's requirements conflict with the requirements in sub- section (F), a DUI screening provider shall:

    1.        Comply with the court's requirements,

    2.        Document in the client record that the court's require- ments conflict with requirements in subsection (F), and

    3.        Maintain at the facility a document identifying the court's requirements.

    I.  An administrator shall ensure that a referring court is notified in writing within seven days, unless otherwise specified by the court, after:

    1.        A client fails to:

    a.        Obtain or complete DUI screening, or

    b.        Pay the cost of DUI screening; or

    2.        The DUI screening provider learns that a client has:

    a.        Completed DUI education or DUI treatment; or

    b.        Failed to:

    i.         Comply with DUI education or DUI treatment procedures, or

    ii.        Complete DUI education or DUI treatment.

    J.  An administrator shall ensure that a record is maintained for each client that contains:

    1.        The citation number or complaint number from the arrest that led to the current referral, if available;

    2.        A  copy of  the documents referring the client  to DUI screening, if available;

    3.        Documentation that the client received the information required in subsection (B);

    4.        Documentation of the results of the client's DUI screen- ing required in subsection (E)(1), including the com- pleted standardized instrument required in subsection (C)(4);

    5.        Documentation of the:

    a.        Referrals for DUI education or DUI treatment, as applicable, required in subsection (E)(2); and

    b.        Recommendations for DUI education or DUI treat- ment, as applicable, required in subsection (E)(3)(c);

    6.        The  DUI  client's  signed  and  dated  authorization   for release of information required in subsection (F)(4); and

    7.        A copy of the information provided to the:

    a.        DUI education provider or DUI treatment provider, as applicable, selected by the client, as required in subsection (F)(5); and

    b.        Referring court as required in subsection (E)(3).

Historical Note

Adopted under an exemption from A.R.S. Title 41, Chap- ter 6 pursuant to Laws 1992, Ch. 301, § 61, effective October 23, 1992; received in the Office of the Secretary of State November 9, 1992 (Supp. 92-4). Amended under an exemption from A.R.S. Title 41, Chapter 6 pursuant to Laws 1992, Ch. 301, § 61, effective September 30, 1993 (Supp. 93-3). Section repealed; new Section made by exempt rulemaking at 7 A.A.R. 4439, effective October 3, 2001 (Supp. 01-3). Section repealed; new Section made by exempt rulemaking at 19 A.A.R. 2367, effective October 1, 2013 (Supp. 13-2).