105 CMR, § 164.212

Current through Register 1536, December 6, 2024
Section 164.212 - Provision of Services
(A)Admission and Referral.
(1)Referral. The Licensed or Approved Provider shall admit patients referred by a Massachusetts court, or, for patients younger than 21 years old, by the Registrar of Motor Vehicles, as provided for by M.G.L. c. 90, § 24P.
(2) Individuals admitted for first offender driver alcohol or controlled substances education services are not required to have a substance use disorder diagnosis.
(B)Assessment. When admitting a patient younger than 21 years old, the Licensed or Approved Provider shall also assess the patient's developmental status, including social, emotional and cognitive functioning, to determine whether the patient is able to participate in programming designed for adults.
(C)Treatment. The Licensed or Approved Provider shall provide treatment service to each patient in accordance with protocols established by the Department. Services shall include:
(1) Group education sessions which address:
(a) consequences of patient's substance use;
(b) dangers of drinking and/or using drugs and driving;
(c) modifying substance use habits; and
(d) impact of driving under the influence on others, including victims.
(2) When the assessment of a patient younger than 21 years old establishes that the patient is not developmentally able to participate in programming for adults, the Licensed or Approved Provider shall provide alternative programming addressing concerns pertinent to youth. Alternative programming shall be submitted to the Department for approval at the time of application for a license or renewal. The Department shall provide its determination approving or denying the alternative programming in writing.
(3) Special programming, either directly, through QSOAs or by referral to other programs to accommodate:
(a) patients who do not speak English;
(b) patients' employment, military, school and/or child care schedules; and
(c) patients suffering from mental health disorders, which limit their ability to participate in the Licensed or Approved Provider's group programming.
(4) Referral to community-based self help group meetings.
(D)Individual Treatment Plan. The treatment plan required by 105 CMR 164.073 shall be reviewed at mid-point in the group educational programming.
(E)Termination and Discharge.
(1)Involuntary Termination. the Licensed or Approved Provider shall include in its termination policy a provision for immediately notifying the referring body of the termination of any patient for failure to comply with program rules, intoxication and/or disruptive behavior.
(2) Upon completion of the treatment program, the Licensed or Approved Provider shall conduct an exit interview, and shall make referrals available to the patient to ensure a continuum of care. If the patient refuses referrals, the refusal shall be documented in the patient record.
(3) In an emergency situation, where the patient's continuation in the program presents an immediate and substantial threat of physical harm to other patients, program personnel or property or where the continued treatment of a patient presents a serious medical risk to the patient as determined by the Program Director or Senior Clinician, the Licensed or Approved Provider may discharge the patient without providing a Referral.

105 CMR, § 164.212

Amended by Mass Register Issue 1482, eff. 11/11/2022.