Iowa Admin. Code r. 641-157.2 - [Effective 7/1/2025] Screening, evaluation, treatment, and drinking drivers course

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).

Notes

Iowa Admin. Code r. 641-157.2
Adopted by IAB April 30, 2025/Volume XLVII, Number 22, effective 7/1/2025

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