1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 528 By: Young
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6 AS INTRODUCED
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7 An Act relating to alcohol and drug substance abuse
7 courses; amending 43A O.S. 2011, Section 3-453, as
8 amended by Section 151, Chapter 304, O.S.L. 2012 (43A
8 O.S. Supp. 2020, Section 3-453), which relates to
9 authorized course providers; modifying allowable
9 fees; and providing an effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 43A O.S. 2011, Section 3-453, as
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14 amended by Section 151, Chapter 304, O.S.L. 2012 (43A O.S. Supp.
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15 2020, Section 3-453), is amended to read as follows:
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16 Section 3-453. A. Alcohol and drug substance abuse courses
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17 shall be offered only by nonprofit educational institutions of
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18 higher learning, governmental or nonprofit organizations.
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19 B. Enrollment fees for those attending the courses shall be set
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20 by the Department of Mental Health and Substance Abuse Services and
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21 shall be within a range of not less than Sixty-five Dollars ($65.00)
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22 and not more than:
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23 1. One Hundred Fifty Dollars ($150.00) One Hundred Seventy-five
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24 Dollars ($175.00) for a ten-hour course; and
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1 2. Three Hundred Sixty Dollars ($360.00) Three Hundred Eighty-
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2 five Dollars ($385.00) for a twenty-four-hour course.
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3 C. Ten percent (10%) of each fee collected shall be remitted by
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4 the institution or organization offering alcohol and drug substance
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5 abuse courses to the State Treasurer to be credited to the
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6 Community-based Substance Abuse Revolving Fund in the State Treasury
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7 and shall be used to provide substance abuse services to the
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8 indigent or to provide specialized training to alcohol and drug
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9 substance abuse course facilitators. Five percent (5%) of each fee
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10 collected by the Department shall be used for the administrative
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11 costs related to providing such services.
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12 D. Enrollment in the course shall not be limited to persons
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13 ordered to enroll, attend and successfully complete the course.
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14 E. All alcohol and drug substance abuse courses related to
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15 driver license revocation and course facilitators shall be approved
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16 and certified by the Department of Mental Health and Substance Abuse
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17 Services.
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18 F. The Department of Mental Health and Substance Abuse Services
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19 is authorized to promulgate rules governing:
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20 1. Minimum curriculum requirements for such courses;
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21 2. Facilities, equipment and instructional materials for such
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22 courses;
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23 3. Minimum qualifications for course facilitators;
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1 4. Grounds for reprimand and for revocation, suspension or
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2 nonrenewal of the authority to conduct such courses and for
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3 revocation of a facilitator’s certification;
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4 5. Attendance requirements; and
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5 6. Guidelines for certifying to the Department of Mental Health
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6 and Substance Abuse Services and the Department of Public Safety
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7 successful completion of such course.
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8 G. The Department of Mental Health and Substance Abuse Services
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9 shall require that each ten-hour course shall be conducted in no
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10 less than three sessions of no more than three and one-half (3 1/2)
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11 hours each on three (3) separate days. For a twenty-four-hour
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12 course, the Department shall require that:
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13 1. Each such course shall consist of at least twenty-four (24)
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14 hours;
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15 2. Each such course shall consist of no more than two (2) hours
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16 of education on any given day, nor more than four (4) hours in a
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17 given week, and shall not contain more than ten percent (10%) films
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18 on any one specialized area; and
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19 3. No more than twenty-four students shall be allowed in a
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20 given class.
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21 H. Any institution or organization authorized under this act to
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22 conduct an alcohol and drug substance abuse course shall certify to
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23 the Department of Public Safety all persons who successfully
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24 complete such course.
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1 I. Any person participating in a substance abuse treatment
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2 program recommended as a result of an assessment pursuant to Section
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3 3-460 of this title shall be required to pay all or part of the
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4 actual cost incurred for treatment of the person, if the court
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5 determines the person has the ability to pay for all or part of the
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6 cost of treatment. The court shall determine the amount of
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7 reimbursement the person shall pay.
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8 J. Application fees for certification of course facilitators
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9 shall be set by the Board of Mental Health and Substance Abuse
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10 Services to defray the costs of administering the program and shall
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11 be:
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12 1. Not less than One Hundred Dollars ($100.00) and not more
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13 than Two Hundred Dollars ($200.00) upon initial application; and
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14 2. Not less than Twenty-five Dollars ($25.00) and not more than
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15 Fifty Dollars ($50.00) upon annual renewal.
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16 K. The Director of the Office of Management and Enterprise
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17 Services shall transfer unobligated monies generated from the fees
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18 in subsection C of this section, deposited before November 1, 2005,
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19 from the Department of Mental Health and Substance Abuse Services
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20 Revolving Fund to the Community-based Substance Abuse Revolving
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21 Fund, in amounts calculated by the Department.
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22 L. No alcohol or drug substance abuse course shall operate or
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23 continue to operate unless it is operated in compliance with the
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1 rules promulgated by the Board and is certified as required by this
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2 section.
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3 SECTION 2. This act shall become effective November 1, 2021.
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5 58-1-991 BG 1/20/2021 12:05:20 PM
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