15A-10.028. Treatment Referral

(1) Each DUI program shall establish a treatment referral system for persons determined to have an alcohol or other substance abuse problem. Twelve step programs and self-help groups shall not be utilized by the DUI program for treatment referrals. The treatment agency may refer clients to twelve step programs and self-help groups. The client shall be given a listing of approved providers with identifying information on location, fees, intake procedures and criteria for admission. The client shall be free to choose the treatment agency. An appointment with a treatment agency must be scheduled by the client within twenty (20) days following the evaluation.

(2) The program shall maintain a policies and step by step procedures manual which may be included as part of the operating policies and procedures manual, and shall deal with the following matters:

(a) Treatment referral;

(b) Follow-up process including the receipt of client information from the treatment agency;

(c) Client grievances;

(d) Written agreements or contracts;

(e) Listing and description of the treatment providers including criteria for their selection.

(3) In its criteria for treatment providers selection, the DUI program shall minimally require that:

(a) All treatment providers shall be licensed by the Department of Children and Families (DCF) pursuant to Chapter 397, F.S., or exempt from such licensure. A copy of the current license must be on file with the DUI program. If the DCF license has expired and the current license is unavailable, a letter must be secured from the district DCF office stating that the provider is in good standing and holds licensure status. Documentation of licensure exemption must be on file with the DUI program.

(b) Each provider to which referrals are made shall enter into a contract or written agreement with the DUI program unless the treatment provider and the DUI program are the same organization. The only manner in which the DUI program can refer clients to that organization’s treatment component is to secure a waiver pursuant to Application for Treatment Waiver, HSMV Form 77050, incorporated by reference in Rule 15A-10.043, F.A.C. If a waiver is granted and the organization which conducts the substance abuse evaluation and education is authorized to provide treatment services to DUI clients, licensure under Chapter 397, F.S., or documentation of licensure exemption for the provision of such services shall be obtained from DCF. In considering an application for treatment waiver, the Department shall consider the following criteria:

1. The number of DCF licensed or exempt facilities in the area served by the applicant.

2. Fee schedule.

3. Waiting period to receive services.

4. Distance in mileage between applicant’s treatment facility and other providers in the area served by the applicant.

5. Days and hours of operation of all other DCF licensed or exempt facilities in the service area.

6. Admission criteria and admission criteria restrictions of all other DCF licensed or exempt facilities in the service area.

7. Average length of treatment prescribed by each DCF licensed or exempt facility in the service area.

8. Willingness of each DCF licensed or exempt provider in the service area to comply with the pertinent rule requirement.

9. Services to minorities and special needs clients.

10. Willingness of the applicant facility to cooperate with other DUI programs in the area in complying with the rule requirements.

(c) Treatment planning shall be the responsibility of the treatment provider receiving the referral and the treatment plan shall be individualized to each client’s needs. Such requirements shall be included in the contract or written agreement made between the DUI program and the treatment provider.

(d) The treatment provider must confer regularly with the DUI program for the purpose of staffing, tracking, and coordinating. Confer regularly is defined as a face to face meeting once each quarter between the treatment provider representative and the DUI program representative. Conferring may occur by telephone in between the quarterly face to face contacts.

(e) The treatment provider must notify the DUI program when there is a change in client’s level of participation in treatment. This requirement shall be included in the contract or written agreement with the treatment provider.

(f) The treatment provider shall comply with any other criteria specific to the local community and client population as stipulated by the DUI program.

(4) If a client is already engaged in treatment at the time of the evaluation with a provider not on the DUI program’s list of approved providers, the DUI program shall ensure that the provider meets the following criteria:

(a) Authorized by a Florida state agency to provide substance abuse services as defined in Chapter 397, F.S., or by the appropriate state agency if located outside of Florida;

(b) Provide information on client status and disposition on appropriate letterhead stationary; and,

(c) Meets the conditions listed in the Treatment Referral and/or Documentation, HSMV Form 77005. Such criteria shall also apply in those cases where the client has completed treatment prior to the evaluation but after the present DUI.

(5) If treatment documentation must be secured from an out-of-state provider, a contract or written agreement is not required. The DUI program shall have evidence of its efforts to secure documentation that the provider is appropriately licensed or approved in that state or country, that substance abuse is the focus of the client’s treatment, that monthly reports are received from the provider, and the provider notifies the DUI program of any change in the client’s status.

(6) The DUI program must secure documentation from all treatment providers including the Feedback HSMV Form 77031 incorporated by reference in Rule 15A-10.043, F.A.C.

(7) If treatment documentation indicates that the person has been seen by a treatment provider only for the purpose of prescribing or reviewing medication and not receiving alcohol or other drug treatment, then referral to a licensed provider may be made to determine the need for treatment.

(8) All programs shall submit a Quarterly Treatment Referral Report, HSMV Form 77051, incorporated by reference in Rule 15A-10.043, F.A.C., on client treatment referrals for review by the Department. This report shall be received by the Department within thirty (30) days following the end of each quarter.

Rulemaking Authority 322.02, 322.292 FS. Law Implemented 322.292 FS. History–New 1-4-95, Amended 3-4-97.