Crisis Numbers
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Driving Under the Influence Program
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Treatment Questions
Click on a question below to reveal or hide its answer.
- Q.
- If a client receives treatment services in a licensed facility that is not a certified DUI program, will the treatment received count toward fulfilling requirements for a DUI conviction?
- A.
- Yes. In accordance with KRS 189A.040(5): "For the purposes of this section, 'treatment' means service in an alcohol or substance abuse education or treatment program or facility licensed, regulated, and monitored by the Cabinet for Health Services for services as required under this section."
The Division of Behavioral Health (DBH) recognizes treatment services provided by the following entities as meeting treatment requirements for DUI offenders in accordance with 908 KAR 1:310 Section 3(e) which states: "A treatment program or facility licensed by the cabinet to provide treatment pursuant to 902 KAR 20:160 [Chemical dependency treatment services and facility specifications], 902 KAR 20:180 [Psychiatric hospital operation and services], or 908 KAR 1:370 [Alcohol and other drug abuse treatment programs], an out-of-state treatment facility licensed by the state where the facility is located, or a federally-licensed hospital may provide treatment services to a client referred by a certified DUI program without receiving DUI program certification from the Division."
Note: In accordance with 908 KAR 1:310 Section 6(3)(d)3, the program shall "[g]ive the client credit for treatment he received since his DUI arrest if it can be documented that the treatment was at the level of care needed by the client based on the assessment conducted...." The case coordinator must secure documentation of treatment services from the licensed treatment facility, place the documentation in the client's record, and ensure that the service occurred following the client's arrest for DUI. - Q.
- How much credit would a DUI offender receive for completion of a 28-30 day residential program in a licensed treatment facility?
- A.
- 908 KAR 1:310 Section 8(c)5 stipulates the minimum treatment requirement as one hour of individual or one and one-half hours of group treatment each week. If a client receives treatment more than one time weekly, this would mean the client has a clinical need to be placed in a more intensive program. This more intensive treatment would be to meet the client's clinical needs and not to accelerate treatment. Therefore, treatment shall be calculated in weeks. For example, 28 days of treatment equals four weeks and not 28 weeks.
Note: There is no provision of accelerated treatment in either the statute KRS 189A or administrative regulation 908 KAR 1:310. - Q.
- Does the regulation permit a treatment plan for a multiple offender that calls for less than weekly treatment?
- A.
- Yes. Administrative regulation 908 KAR 1:310 Section 8(1)(c)5 states: "A client referred to outpatient treatment shall receive at least one (1) hour of individual or one and one-half (1 1/2) hours of group treatment each week." So, receiving outpatient treatment weekly is the norm.
However, the regulation also states in 908 KAR 1:310 Section 8(1)(c)7 that "If a client receives treatment less often than the requirements established in subparagraph 5 and 6 of this paragraph, to meet his individual clinical needs, a clinical rationale shall be documented in the client’s record." So, when developing a client's individualized treatment plan, it is permitted under the regulation for a clinician to refer a client to receive outpatient treatment less than one time weekly, as long as it is to meet an individual clinical need and a clinical rationale is documented in the client's record. - Q.
- How can a client who is involved with an agency, who then enters residential treatment and leaves against staff advice – either medical or clinical – successfully complete?
- A.
- If a client who is referred to residential treatment by an assessing agency leaves residential treatment against staff advice, the client should be considered as noncompliant. The assessing agency should deal with this client in the same way as it would deal with any client who is noncompliant. As the agency responsible for case coordination, the assessing agency should establish a framework of action to assist the client in achieving the goals established in his or her treatment plan. This would involve collaboration with the client and significant others, coordination of treatment and referral services, and ongoing evaluation of treatment progress and the client's needs.
If the client can then once again be brought into compliance, he or she should be given credit for any time in residential treatment where progress toward achievement of his or her treatment plan goals can be documented. If, however, a client remains noncompliant after the assessing agency conducts all of these case coordination activities, then the agency should report the client as noncompliant to the court of conviction in accordance with administrative regulation 908 KAR 1:310 Section 6(3)(a)2.e. which states: "2. To determine if a client is compliant or non-compliant, case coordination shall be conducted and include: e. Notifying the circuit clerk of the court within three (3) working days after making a determination or receiving notice that a client is non-compliant of the need to schedule a show-cause hearing." - Q.
- Do the data suggest that Residential and Intensive Outpatient Treatment are under-utilized by assessors especially with regard to multiple offenders?
- A.
- Data from the Center on Drug and Alcohol research at UK from 8,699 client records downloaded by certified DUI programs for persons who were assessed between October 2000 and December 2001 is shown in the table below. Many variables must be considered in determining the appropriateness of a client referral, so this data would have to be reviewed further before the Division of Behavioral Health could say that IOP and Residential referrals are under-utilized by assessors in certified DUI programs.
| Total offenders assessed | 8,699 | | First Offenders | 6,930 | | Multiple Offenders | 818 | | Missing Data | 951 | | Intervention Referrals | | 20-Hour Education | 4,825 | | Outpatient Treatment | 1,727 | | Intensive Outpatient Treatment | 82 | | Residential Treatment | 110 | | Education and Treatment | 435 | | Missing Data | 1,520 |
- Q.
- How can an agency report this client's failure to successfully complete residential treatment to the Division of Substance Abuse without violating the client's confidentiality?
- A.
- Administrative regulation 908 KAR 1:310 Section 3(7)(c)1 states: "A program shall release a client's record or disclose confidential information about the client in accordance with the client's written permission through a signed authorization for release of information."
Also, each client must sign an authorization for release of information at the time of the DUI assessment, in accordance with 908 KAR 1:310 Section 6(1)(d), which states: "A DUI assessment shall include: ... 6. The cosigning by the client and assessor of the following forms: ... f. Authorization of release of information."
Therefore, the Division of Behavioral Health (DBH) recommends that all certified DUI programs implement a policy to ensure that all of their assessors have all clients sign a specific release of information for the Transportation Cabinet, DBH, and the Court of Conviction at the time of assessment. This will eliminate the possibility of a problem such as this occurring and also ensure compliance with 42 CFR Part 2 which requires that a valid authorization to release information form must be in writing and contain each of the following elements:
- The name or general designation of the program(s) making the disclosure;
- The name of the individual or organization that will receive the disclosure;
- The name of the client who is the subject of the disclosure;
- The purpose or need for the disclosure;
- How much and what kind of information will be disclosed;
- A statement that the client may revoke the consent at any time, except to the extent that the program has already acted in reliance on it:
- The date, event or condition upon which the consent expires if not previously revoked;
- The signature of the client (and/or other authorized person); and
- The date on which the consent is signed.
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