Oregon Health Authority
Health Systems Division: Behavioral Health Services - Chapter 309
Division 19
OUTPATIENT BEHAVIORAL HEALTH SERVICES
309-019-0195
DUII Services Providers
(1) Outpatient Substance Use Disorders (SUD) Treatment Programs approved by the Division as DUII Services Providers and for ASAM Levels of Care 0.5 and 1.0,, shall provide DUII Education and DUII Rehabilitation as outlined in this rule.
(2) A DUII Services Provider may not provide Alcohol and Other Drug Screening Specialist (ADSS) services except as allowed in OAR 415-054-0545 through 415-054-0570.
(3) DUII Services Providers shall assess, as outlined in OAR 309-019-0135(3), all individuals seeking DUII services. Level of care, diagnosis, frequency of contact, and duration of treatment services shall be consistent with the current DSM-5-TR diagnostic and The ASAM Criteria.
(4) DUII Education shall be provided for individuals who:
(a) Do not currently meet DSM-5-TR diagnostic criteria for a SUD; and
(b) Meet ASAM Level of Care 0.5; and
(c) Have never been diagnosed with a SUD; and
(d) Have never been enrolled in a DUII or SUD treatment program.
(5) DUII Education shall include a minimum of four sessions over a four-week period and include the provision of a minimum of 12 hours of didactic education. The minimum 12 hours does not include diagnostic assessment, service planning, or transfer planning. DUII Education shall include but is not limited to:
(a) Completion of a Division approved DUII Education Pre and Post Test;
(b) DUII Laws and Consequences in Oregon;
(c) Use of alcohol and other drugs, and their effects on driving;
(d) Physical and psychological effects of alcohol and other drugs of abuse;
(e) SUD signs and symptoms;
(f) SUD recovery support services; and
(g) Alternatives to intoxicated driving.
(6) No more than four of the 12 minimum hours shall be conducted utilizing educational films or pre-recorded audio-visual presentations.
(7) DUII Rehabilitation shall be provided for individuals who:
(a) Meet DSM-5-TR diagnostic criteria for a SUD; or
(b) Meet ASAM Level of Care 1.0 or higher; or
(c) Have been previously diagnosed with a SUD; or
(d) Have previously been enrolled in a DUII or SUD treatment program.
(8) DUII Rehabilitation shall include:
(a) DUII Education as described in section (5) of this rule; and
(b) SUD treatment services as outlined in the individual’s service plan.
(9) DUII Service Providers shall use urinalysis testing for use of substances of abuse following procedures in OAR 309-019. Urinalysis tests shall be conducted as deemed clinically appropriate, but no less than:
(a) At the time of assessment; and
(b) Twice per calendar month with no more than 14 calendar days between tests; and
(c) Within two weeks prior to completion; and
(d) Within 72 hours of receipt of laboratory results indicating that a urinalysis sample was identified as out of range for Creatinine, pH, or Specific Gravity as defined by the urinalysis laboratory results;
(10) Urinalysis shall, at a minimum, test for the following substances of abuse:
(a) Alcohol;
(b) Marijuana;
(c) Cocaine;
(d) Amphetamines;
(e) Opiates; and
(f) Benzodiazepines.
(11) In addition to the substances of abuse outlined in section (10), an EtG/EtS test for alcohol shall be conducted, at a minimum, at the time of assessment and within two weeks prior to completion.
(12) Individuals enrolled in DUII Education are expected to demonstrate abstinence from use of intoxicants as evidenced by negative urinalysis reports, except as allowed in ORS 813.200. Individuals who provide a positive urinalysis test or who self-report use of a substance shall be required to complete DUII Rehabilitation.
(13) Individuals enrolled in DUII Rehabilitation are expected to maintain abstinence from use of intoxicants as evidenced by negative urinalysis tests, except as allowed in ORS 813.200, while outside of a controlled environment for no less than the final 90 days of the DUII Rehabilitation program.
(14) Notwithstanding sections (9)-(11), DUII Services Providers may issue a DUII Treatment Completion Certificate for individuals convicted of DUII or proof of completion for individuals under a diversion agreement, if the individual has fulfilled all other requirements of this rule except for submission of urinalysis testing as required due to a state of emergency declared by the state or county in which the individual or DUII Services Provider is located. The individual’s service record must clearly document the reason the state of emergency prevented submission of urinalysis as required in sections (9)-(11).
(15) Division approved DUII Services Providers shall issue a DUII Treatment Completion Certificate (DTCC) for individuals convicted of a DUII using Division approved forms and procedures after:
(a) Receipt of referral from an ADSS; and
(b) Completion of DUII Education or DUII Rehabilitation, including applicable abstinence requirements, as outlined in these rules; and
(c) Compliance with the terms of the fee agreement between the provider and the individual.
(16) The Division shall issue a DTCC for individuals completing an out-of-state intoxicated driving program after:
(a) Documentation of the individual’s residency in a state other than Oregon; and
(b) Receipt of a copy of the individual’s referral from an ADSS; and
(c) Documentation of completion of an intoxicated driving program as allowed for the equivalent conviction in the individual’s state of residence. Residents of states that do not require DUII treatment shall complete a program that is substantially equivalent to Oregon’s standards.
(17) Division approved DUII Services Providers must report:
(a) To the Division using the mandated state data system; and
(b) To the referring ADSS as allowed by HIPPA and 42 CFR Part 2:
(A) No later than 30 calendar days from the date of referral;
(B) Every 30 calendar days while enrolled in DUII Rehabilitation;
(C) No later than 14 calendar days from the date of discharge;
(D) No later than seven calendar days from the written request of the ADSS.
(18) The individual’s Service Record must include all information necessary to document the individual’s successful or unsuccessful completion of DUII Services.
Statutory/Other Authority: ORS 413.042, 430.640, 430.254, 430.256 & 430.357
Statutes/Other Implemented: ORS 430.010, 743A.168, 430.030 & 430.254-430.640
History:
BHS 11-2023, amend filed 04/07/2023, effective 04/07/2023
BHS 17-2021, amend filed 08/13/2021, effective 08/13/2021
BHS 7-2021, amend filed 03/18/2021, effective 03/19/2021
BHS 12-2020, temporary amend filed 09/22/2020, effective 09/22/2020 through 03/20/2021
BHS 4-2020, temporary amend filed 03/23/2020, effective 03/23/2020 through 09/18/2020
BHS 8-2018, amend filed 03/22/2018, effective 04/01/2018
MHS 6-2017, f. & cert. ef. 6-23-17
MHS 18-2016, f. 11-28-16, cert. ef. 11-30-16
MHS 11-2016(Temp), f. 6-29-16, cert. ef. 7-1-16 thru 12-27-16
MHS 4-2014, f. & cert. ef. 2-3-14
MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14