A. Alcohol and drug substance abuse courses shall be offered only by nonprofit educational institutions of higher learning, governmental or nonprofit organizations.
B. Enrollment fees for those attending the courses shall be set by the Department of Mental Health and Substance Abuse Services and shall be within a range of not less than Sixty-five Dollars ($65.00) and not more than:
1. One Hundred Fifty Dollars ($150.00) for a ten-hour course; and
2. Three Hundred Sixty Dollars ($360.00) for a twenty-four-hour course.
C. Ten percent (10%) of each fee collected shall be remitted by the institution or organization offering alcohol and drug substance abuse courses to the State Treasurer to be credited to the Community-based Substance Abuse Revolving Fund in the State Treasury and shall be used to provide substance abuse services to the indigent or to provide specialized training to alcohol and drug substance abuse course facilitators. Five percent (5%) of each fee collected by the Department shall be used for the administrative costs related to providing such services.
D. Enrollment in the course shall not be limited to persons ordered to enroll, attend and successfully complete the course.
E. All alcohol and drug substance abuse courses related to driver license revocation and course facilitators shall be approved and certified by the Department of Mental Health and Substance Abuse Services.
F. The Department of Mental Health and Substance Abuse Services is authorized to promulgate rules governing:
1. Minimum curriculum requirements for such courses;
2. Facilities, equipment and instructional materials for such courses;
3. Minimum qualifications for course facilitators;
4. Grounds for reprimand and for revocation, suspension or nonrenewal of the authority to conduct such courses and for revocation of a facilitator's certification;
5. Attendance requirements; and
6. Guidelines for certifying to the Department of Mental Health and Substance Abuse Services and the Department of Public Safety successful completion of such course.
G. The Department of Mental Health and Substance Abuse Services shall require that each ten-hour course shall be conducted in no less than three sessions of no more than three and one-half (3 1/2) hours each on three (3) separate days. For a twenty-four-hour course, the Department shall require that:
1. Each such course shall consist of at least twenty-four (24) hours;
2. Each such course shall consist of no more than two (2) hours of education on any given day, nor more than four (4) hours in a given week, and shall not contain more than ten percent (10%) films on any one specialized area; and
3. No more than twenty-four students shall be allowed in a given class.
H. Any institution or organization authorized under this act to conduct an alcohol and drug substance abuse course shall certify to the Department of Public Safety all persons who successfully complete such course.
I. Any person participating in a substance abuse treatment program recommended as a result of an assessment pursuant to Section 3-460 of this title shall be required to pay all or part of the actual cost incurred for treatment of the person, if the court determines the person has the ability to pay for all or part of the cost of treatment. The court shall determine the amount of reimbursement the person shall pay.
J. Application fees for certification of course facilitators shall be set by the Board of Mental Health and Substance Abuse Services to defray the costs of administering the program and shall be:
1. Not less than One Hundred Dollars ($100.00) and not more than Two Hundred Dollars ($200.00) upon initial application; and
2. Not less than Twenty-five Dollars ($25.00) and not more than Fifty Dollars ($50.00) upon annual renewal.
K. The Director of the Office of Management and Enterprise Services shall transfer unobligated monies generated from the fees in subsection C of this section, deposited before November 1, 2005, from the Department of Mental Health and Substance Abuse Services Revolving Fund to the Community-based Substance Abuse Revolving Fund, in amounts calculated by the Department.
L. No alcohol or drug substance abuse course shall operate or continue to operate unless it is operated in compliance with the rules promulgated by the Board and is certified as required by this section.
Added by Laws 1978, c. 197, § 3, emerg. eff. April 14, 1978. Amended by Laws 1984, c. 54, § 1, emerg. eff. March 27, 1984; Laws 1985, c. 204, § 3, eff. Nov. 1, 1985; Laws 1985, c. 338, § 9, eff. Nov. 1, 1985; Laws 1987, c. 5, § 156, emerg. eff. March 11, 1987; Laws 1990, c. 51, § 111, emerg. eff. April 9, 1990; Laws 1990, c. 265, § 67, eff. Sept. 1, 1990. Renumbered from § 11-902.3 of Title 47 by Laws 1990, c. 265, § 77, operative July 1, 1990. Amended by Laws 1996, c. 162, § 1, eff. Nov. 1, 1996; Laws 2003, c. 46, § 22, emerg. eff. April 8, 2003; Laws 2003, c. 196, § 6, emerg. eff. May 7, 2003; Laws 2005, c. 195, § 22, eff. Nov. 1, 2005; Laws 2006, c. 120, § 2, eff. Nov. 1, 2006; Laws 2007, c. 130, § 7, eff. Nov. 1, 2007; Laws 2008, c. 401, § 8, eff. Nov. 1, 2008; Laws 2010, c. 287, § 22, eff. Nov. 1, 2010; Laws 2012, c. 304, § 151.