Persons who are charged with operating a motor vehicle while
intoxicated (OWI) under Iowa Code section
321J.2 and whose driver's
license or nonresident operating privileges are revoked under Iowa Code chapter
321J shall be assigned to undergo a substance abuse evaluation and, if
recommended, treatment from a provider licensed by the department under Iowa
Code chapter 125.
(1)
Screening. The initial screening shall consist of a generally
accepted standardized substance abuse screening instrument. The program shall
utilize a recognized diagnostic test or tool to determine a substance use
disorder as those terms are defined in the Diagnostic and Statistical Manual of
Mental Disorders (DSM) published by the American Psychiatric Association
(published 2013, with all changes and updates approved by the American
Psychiatric Association through September 2023 incorporated herein). In
addition, programs shall collect information on blood alcohol content at time
of arrest, history of other alcohol or drug-related arrests, history of
alcohol/drug treatment, history of mental health problems and treatment, any
OWI arrest that included personal injury or additional charge(s), and family
history of substance abuse.
(2)
Evaluation. In accordance with the American Society of
Addiction Medicine (ASAM) Criteria (as amended to December 31, 2023) and
accepted standards of practice, the evaluation shall consist of evaluating a
person's strengths, resources, preferences, limitations, problems and needs;
determining the licensed program services needed by the patient; determining
the patient's eligibility for program services; and identifying treatment plan
priorities.
(3)
Treatment. Treatment shall consist of a broad range of planned
and continuing inpatient, outpatient, and residential care services, including
ongoing diagnostic evaluation, counseling, and medical care, psychiatric care,
psychological care, and social service care geared toward influencing the
behavior of such individuals to achieve a state of rehabilitation. Individuals
will be placed in the appropriate level of care at a substance use disorder
treatment program licensed by the department under Iowa Code chapter 125 in
accordance with ASAM Criteria (as amended to December 31, 2023).
(4)
Drinking drivers course.
Substance abuse treatment programs licensed by the department under Iowa Code
chapter 125 may provide the drinking drivers course if the course curriculum is
approved by the department of education under Iowa Code section
321J.22 and rule
281-21.31 (321J).