August 2, 2016

§ 10:162-6.5. Failure to comply with treatment requirements IDRC

§ 10:162-6.5.  Failure to comply with treatment requirements
 (a) Once the client has been accepted for treatment, any failure to comply with the treatment program shall be reported by the treatment program to the Intoxicated Driver Resource Center in writing within seven working days. Failure to comply with the treatment program shall include, but not be limited to:
   1. Failing to attend specific meetings;
   2. Failing to comply with the treatment contract;
   3. Failing to participate in individual and group counseling; or

   4. Failing to attend self-help group meetings.

§ 10:162-6.4. Treatment plan IDRC

§ 10:162-6.4.  Treatment plan

   (a) The purpose of the treatment plan is to provide information and personal insight to the client so that he or she will recognize the extent of his or her alcohol and/or drug abuse problems and acquire the basic tools to begin recovery and maintain sobriety, if such a goal is part of the plan. The plan shall also educate the client about the danger of alcohol and drug use in conjunction with driving.
(b) A treatment plan shall include the following;
1. Education on alcohol and drug abuse problems;
2. Information on the effects of addiction on families, work and personal health; and
3. Individual and group counseling aimed at providing personal insight and information on how to recover. The information shall include:
i. The location of self-help groups;
ii. Information on how self-help groups work;
iii. Information on family treatment resources;
iv. An opportunity for the client to involve family and friends in the recovery process and treatment; and

v. A statement informing the clients of any confidentiality protection he or she is entitled to.

§ 10:162-6.3. Length of treatment IDRC

§ 10:162-6.3.  Length of treatment
  The minimum length of treatment for outpatient shall be 16 sessions, one session per week. Each session shall be a minimum of one hour. The Intoxicated Driver Resource Center may require a mixture of outpatient, intensive outpatient and/or inpatient, and self help for a total time of one year from the date treatment commences.

§ 10:162-6.2. Client intake form IDRC

§ 10:162-6.2.  Client intake form
 The client intake form and the results of the evaluation by the treatment program shall be sent to the Intoxicated Driver Resource Center within seven working days after the intake with the records release authorization. The client's full name, address and phone number, driver license number, the evaluation, the counselor's signature, name of program and the date shall be included in the material sent to the Intoxicated Driver Resource Center.

§ 10:162-6.1. Intake evaluation IDRC

§ 10:162-6.1.  Intake evaluation
 (a) Each Intoxicated Driver Resource Center client or DUI offender sentenced by a court to treatment in place of jail shall receive an individual intake evaluation, preferably with his or her counselor of record. The purpose of the intake is to make an independent evaluation of the client's needs in treatment, and, if the provider is an approved grantee, to determine if the client is an eligible recipient.
   (b) The treatment program shall conduct an independent evaluation of the client's need for treatment, using an instrument approved by the Division of Addiction Services. Any testing tool utilized must be noted in the evaluation. The information packet received from the Intoxicated Driving Program shall also be utilized. The treatment program shall inform the client of his or her specific responsibility under the treatment plan. If a client is determined by the treatment program to need treatment, a treatment plan shall be developed and a copy of the plan shall be provided to the client. Clients shall be advised that failure to participate in treatment will result in license suspension and a minimum two-day jail sentence, or if he or she has been sentenced to treatment in place of jail, imposition of the applicable jail sentence. The treatment agency shall establish a written, signed contract with the client regarding the treatment plan. The client shall sign a records release authorization during the intake process. The form shall be completed to allow the court, the Intoxicated Driver Resource Center, the Intoxicated Driving Program, the Division of Addiction Services, the Motor Vehicles Commission, the client's attorney, and the treatment program/approved grantee and coordinating grantee as appropriate to exchange information.
   (c) The treatment program shall report the result of the treatment evaluation of the client and the client's progress in treatment to the Intoxicated Driver Resource Center/Intoxicated Driving Program, as appropriate.

   (d) When determining whether a client is an eligible recipient, an approved grantee shall require proof of income and, when applicable, documentation of medical indigency status pursuant to  N.J.A.C. 10:162-6.16(c) in the form of the prior year's tax returns, pay stubs or other documentation deemed suitable by the Division of Addiction Services.

§ 10:162-5.7. Revocation of affiliation

§ 10:162-5.7.  Revocation of affiliation
 (a) The Intoxicated Driving Program shall revoke the affiliation agreements of treatment agencies who do not meet the requirements of this chapter.
   (b) Upon receipt of a notification or allegation of a violation of law, rule or affiliation agreement, the Intoxicated Driving Program shall conduct an investigation either independently, or in concert with the applicable Intoxicated Driver Resource Center(s).
   (c) The Intoxicated Driving Program and/or the Intoxicated Driver Resource Center may suspend the affiliation of an agency or provider pending the outcome of an investigation and review if the Intoxicated Driver Resource Center and/or the Intoxicated Driving Program conclude that a violation of law, regulation or the affiliation agreement may have occurred, that client health, well being or safety are, or have been threatened, that a crime may have been committed or that the integrity of the driver license restoration process may have been breached. The suspension shall remain in effect pending the final result of administrative and judicial appeals of the resulting revocation.
   (d) The agency or provider shall be notified by the Intoxicated Driving Program, in writing, of the reasons for the proposed revocation, and suspension if applicable, and be offered an opportunity to respond to the Chief of the Intoxicated Driving Program in writing within 30 days of the written notice, and to be heard no later than 45 days from date of the written notice.
   (e) If, following the agency's or provider's response and hearing, the Intoxicated Driving Program finds that a violation of law, rule and/or the affiliation agreement has occurred, or that client health, well-being or safety are or have been threatened, or that a crime has been committed or may have been committed, or that the integrity of the driver license restoration process has been breached, the Intoxicated Driving Program shall revoke the affiliation of the relevant agency or provider.
   (f) An agency or provider whose affiliation is revoked by the Intoxicated Driving Program shall be accorded all applicable rights of judicial appeal.
   (g) The Intoxicated Driving Program and/or the Intoxicated Driver Resource Center shall report breaches of law, regulation or the affiliation agreement to the relevant regulatory and law enforcement agencies, as appropriate.

   (h) An agency or provider whose affiliation has been revoked may apply for reaffiliation no earlier than one year from the date of the final administrative or judicial confirmation of revocation, whichever is later.

§ 10:162-5.1 Affiliation and renewal-of-affiliation agreements IDRC

§ 10:162-5.1 Affiliation and renewal-of-affiliation agreements

   (a) In order to treat Intoxicated Driver Resource Center/Intoxicated Driving Program clients, a treatment agency or provider shall sign a standard affiliation or renewal-of-affiliation agreement (see Appendices A and B). All affiliation and renewal-of-affiliation agreements are subject to approval by the Intoxicated Driving Program for compliance with the requirements of  N.J.A.C. 10:162-5.3 and 5.6 as applicable (see Alternatives Counseling Center, Inc. v. New Jersey Department of Health and Senior Services, N.J. Super. Ct., App. Div. No. A-45-98T5, Oct. 8, 1999). All such affiliation and renewal-of-affiliation agreements shall expire at the end of the last day of June of the relevant calendar year.
(b) The chief of the Intoxicated Driving Program or an Intoxicated Driver Resource Center Director may approve an individual treatment plan at a non-affiliated agency or provider in or out of the State. Such approval shall not exceed four months and shall be approved in the best interest of a client.

(c) All approved treatment programs shall report to the Division of Addiction Services through the Division's Alcohol and Drug Abuse Data System or any successor treatment management information system implemented by the Division
§ 10:162-5.2.  Application for affiliation


   (a) An applicant for affiliation may contact the Intoxicated Driving Program, PO Box 365, Trenton, NJ 08625-9365, (609) 588-3547, which shall provide the applicant with a list of the IDRCs. The applicant shall make request for affiliation to the IDRC. Upon receipt of a request for affiliation from an applicant, an IDRC shall provide the applicant with a standard affiliation agreement as specified in  N.J.A.C. 10:162-5.1, which shall serve as the application form. The IDRC shall include as part of the application a current statement of IDRC needs regarding client volume, modalities of service, geographic requirements, cultural needs of the population served, and client accessibility. A copy of this statement shall be filed with the IDP and kept current by the IDRC.
   (b) It shall be the responsibility of the IDRC Director initially to evaluate each application for affiliation or renewal of affiliation of each applicant after a site visit or providers meeting for compliance with (c) and (d)1 and 2 below.
   (c) Every treatment program and individual provider shall conform to N.J.S.A. 39:4-50 et seq., 45:2D-1 et seq., 26:2H-1 et seq. and 40A:9-22.1 et seq., N.J.A.C. 10:162, as appropriate, and shall submit the following information to the IDP and to the IDRC:
   1. A statement that the program or provider conforms to and will abide by N.J.S.A. 39:4-50 et seq., 45:2D-1 et seq., 26:2H-1 et seq. and 40A:9-22.1 et seq., N.J.A.C. 10:162, as amended and supplemented and any rules adopted pursuant thereto;
   2. Copies of valid State licenses or certifications, as applicable, required by N.J.S.A. 26:2H-1 et seq. or 45:2D-1 et seq.;
   3. A fee schedule, including any sliding fee schedule, and whether fees can be paid by health insurance;
   4. The address, telephone number, hours of operation and contact person for each office location;
   5. A written description of treatment philosophy, program requirements, and treatment curriculum;
   6. A list of proposed IDRC-affiliated program staff and their resumes; and
   7. Proof of commercial liability insurance, and individual or agency professional liability insurance as appropriate.
   (d) The Intoxicated Driver Resource Center shall attach a statement to the agreement signed by the Center Director certifying that:
   1. The facility (outpatient facilities only) is accessible to its clients, in that it is convenient to public transportation or reachable by motor vehicle within 30 minutes of normal drive time; and
   2. The facility is suitable as a place of treatment in that it is licensed by the Department of Human Services to provide alcohol and drug treatment services if a residential facility, or that it is physically inspected by the Intoxicated Driver Resource Center and approved by the Division of Addiction Services as meeting rules adopted pursuant to N.J.S.A. 26:2H-1 et seq. if an outpatient agency or provider.
   (e) The Chief of the IDP, after receipt and review of a signed affiliation or renewal of affiliation agreement, using the criteria found at  N.J.A.C. 10:162-5.3 and 5.6 as applicable, shall indicate approval by signing the agreement. Copies of the agreement shall be distributed to all parties to it.

§ 10:162-5.3.  Treatment program affiliation criteria


   (a) The Chief of the IDP shall determine that an agency or provider is appropriate for affiliation or renewal of affiliation if it:
   1. Conforms to the requirements of  N.J.A.C. 10:162-5.2(c) and (d);
   2. Meets the needs of an Intoxicated Driver Resource Center as set forth in the statement of IDRC needs described in  N.J.A.C. 10:162-5.2(a); and
   3. Is deemed suitable to accomplish the purposes of the program as defined in  N.J.A.C. 10:162-1.1.

§ 10:162-5.4.  Notification of staffing changes


   An affiliated agency or provider which makes management or staff changes affecting Intoxicated Driver Resource Center clients during the affiliation year shall notify the Intoxicated Driver Resource Center of any such changes immediately and shall submit proof of licenses and certifications as appropriate. The Intoxicated Driver Resource Center shall notify the Intoxicated Driving Program of such changes no later than 30 days from receipt of notification by the affiliated agency or provider.
§ 10:162-5.5.  Renewal of affiliation agreements


   The Director of the Intoxicated Driver Resource Center shall be responsible for initiating the process of renewal of affiliation agreements after conducting an annual site visit and/or providers meeting. Each agency renewing its affiliation will complete a standard renewal of affiliation agreement (see appendix B). The Director of the Intoxicated Driver Resource Center shall attach a certification to the renewal agreement as specified in  N.J.A.C. 10:162-5.2(d) and forward the package to the Intoxicated Driving Program for approval pursuant to  N.J.A.C. 10:162-5.3.
§ 10:162-5.6.  Criteria for renewal


   All affiliated agencies or providers in order to be eligible for renewal shall meet the criteria established in  N.J.A.C. 10:162-5.3.