14-118 C.M.R. ch. 2, § H - CLENT SECOND OPINIONS

1. Any DEEP client who contests the results of an alcohol or other drug evaluation or the completion of treatment decision as a result of referral to treatment after completing the Moving Ahead, after July 1, 2005, the Under 21 Program, or Risk Reduction Program may request a second opinion evaluation by contacting the Driver Education and Evaluation Programs (DEEP). DEEP shall give the client the names and addresses of Community-based Service Providers who are approved to complete the second opinion evaluation. The client may then arrange for a second opinion evaluation to be conducted by a different Community-based Service Provider provided that the client has informed the first evaluator or treatment provider that he/she intends to seek a second opinion. DEEP will forward the appropriate paperwork to the chosen Community-based Service Provider. The second opinion evaluation shall be conducted in accordance with Section E and other appropriate sections of these regulations. The client shall be informed of the process required for a second opinion evaluation.

a. If the finding of the second opinion evaluation agrees with the finding of the first evaluation or the completion of treatment decision, the client shall be required to complete the treatment regimen prescribed by the first evaluator or treatment provider before he or she will have satisfactorily completed DEEP.

b. If the finding of the second opinion evaluation disagrees with the finding of the first evaluation or completion of treatment decision, the Director will review the results of both evaluations or the second opinion evaluation and the completion of treatment decision documentation and issue a conclusive finding. The Director will communicate his/her finding to the client and to both Community-based Service Providers within fifteen (15) working days from the date of receipt of the documentation required to complete the review. If the Director's finding is positive, DEEP will give the client the names and addresses of Community-based Service Providers who are approved to provide the type of treatment services required. The client may then choose the Community-based Service Provider of the required treatment services.

c. If the Director's decision results in a negative finding the Director will notify the client, both Community-based Service Providers, and the Secretary of State, Bureau of Motor Vehicle, Division of Driver Licensing Services.

d. Any time the client disagrees with the results of the administrative review and conclusive finding issued by the Director, he/she may appeal the results as described in Section I.

Notes

14-118 C.M.R. ch. 2, § H