Rule 37.27.502 - CHEMICAL DEPENDENCY EDUCATIONAL COURSES: DEFINITIONSIn addition to terms defined in 53-24-103, MCA, and ARM 37.27.102, the following are defined:
(1) "Abuser" means the offender meets the DSM-IV diagnostic criteria for substance abuse.(2) "ACT (assessment, course, treatment) program" means an assessment, educational course and/or referral to treatment. This is a three part process designed to assess, educate and to recommend treatment placement as appropriate for persons convicted of driving under the influence of intoxicating substances, UDD, MDD and third or subsequent MIP.(3) "ACT curriculum manual" means a manual developed by department of transportation traffic safety bureau which specifically defines the course curriculum for the ACT program.(4) "Aftercare" is defined in ARM 37.27.102.(5) "Assessment" means, for the purpose of this subchapter, the process of identifying and labeling specific conditions such as chemical abuse or dependence; and the determination of the appropriate level of treatment for the offender. This process is described in ARM 37.27.515(1) (a) through (d).(6) "Assessment/evaluation instruments" are those diagnostic and screening tools utilized primarily to provide information for the counselor to assist in making a determination of the severity of an offender's chemical use. A list of suggested assessment/evaluation instruments may be obtained from the Department of Public Health and Human Services, Addictive and Mental Disorders Division, P.O. Box 202951, Helena, MT 59620-2951.(7) "Certified chemical dependency counselor" means an individual meeting standards pursuant to 53-24-204, MCA, and corresponding rules and regulations described in ARM 20.3.401 through 20.3.406.(8) "Chemically dependent" means the offender meets the DSM-IV criteria for substance dependence.(9) "Cross-referencing" is a method used to determine if similar questions are answered in the same manner on different assessment instruments. The purpose is to discover consistencies and inconsistencies in an offender's answers to questions and assess the validity of the offender's self-report.(10) "Continuing care" refers to the aftercare recommendations of the treatment provider.(11) "Driver control" means the records and driver control bureau of the department of justice.(12) "DUI" means driving under the influence and, for the purpose of these rules, includes violation of an offense under 61-8-401, MCA.(13) "Inpatient treatment" is defined in ARM 37.27.102 and the requirements are found in ARM 37.27.129 and 37.27.130.(14) "Intensive outpatient" is defined in ARM 37.27.102 and the requirements are found in ARM 37.27.138.(15) "MDD" means a misdemeanor dangerous drug offense under 45-2-101, MCA, for which completion of a dangerous drug information course is mandatory.(16) "MDD program" means an assessment, educational course and/or referral to treatment. This is a three part process designed to assess, educate and to recommend treatment placement as appropriate for persons convicted of misdemeanor dangerous drug offense. Compliance with treatment recommendations will be at the discretion of the sentencing judge.(17) "MDD curriculum" means the 8-hour course provided to those convicted of an MDD offense. The course may utilize the ACT curriculum manual and must include specific review of the misdemeanor drug laws and the harmful effects of dangerous drug use.(18) "MIP (minors in possession) " means minors convicted of possession of an intoxicating substance, unlawful attempt to purchase an intoxicating substance under 45-5-624, MCA.(19) "MIP curriculum manual" means a manual developed by the department of public health and human services which defines the MIP course curriculum and the requirements for performing chemical dependency evaluations and referral to treatment.(20) "MIP education course" means the community-based substance abuse information course for minors under l8 years of age convicted of an MIP under 45-5-624 or 61-8-410, MCA.(21) "Misuser/no patterns" means the offender does not meet the DSM-IV diagnostic criteria for either substance abuse or dependence.(22) "Monitoring" is a process to ensure compliance with continuing care recommendations for second or subsequent offenders.(23) "Offender" means a person convicted of DUI/per se/UDD, MIP, or a dangerous drug misdemeanor and sentenced to complete a chemical dependency educational course provided by a state approved program and/or treatment provided by a certified chemical dependency counselor.(24) "Outpatient" is defined in ARM 37.27.102 and the requirements are found in ARM 37.27.138.(25) "Per se" means for the purpose of this subchapter, violating the provisions of 61-8-406, MCA, operation of vehicle by a person with alcohol concentration of 0.10 or more.(26) "UDD" means underage drinking and driving, the operation of a vehicle by a person under the age of 21 with an alcohol concentration of 0.02 or more. For the purpose of these rules, this includes violation of an offense under 61-8-410, MCA.(27) "Unidentified" means the offender did not complete the assessment or exhibited a level of denial that made diagnosis impossible.Mont. Admin. r. 37.27.502
NEW, 1985 MAR p. 2011, Eff. 12/27/85; AMD, 1996 MAR p. 1312, Eff. 5/10/96; AMD, 1998 MAR p. 351, Eff. 1/30/98; TRANS, from DOC, 1998 MAR p. 1502.Sec. 53-24-204 and 53-24-208, MCA; IMP, Sec. 53-24-204, 53-24-208 and 61-8-401, MCA;