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§43A-3-453.
§43A-3-453.
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. Eighty-five Dollars ($85.00) for a first offense; and
2. Two Hundred Fifty Dollars ($250.00) for a second or subsequent
offense.
C. Ten percent (10%) of each fee collected shall be remitted to the
State Treasurer to be credited to the Department of Mental Health and
Substance Abuse Services Revolving Fund in the State Treasury and
shall be used to provide substance abuse services to the indigent.
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 for drinking drivers
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, in
consultation with D.U.I. School Administrators of Oklahoma, 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 certification of course instructors;
4. Grounds for revocation of the authority to conduct such courses and
for revocation of an instructor's certification;
5. Attendance requirements; and
6. Guidelines for certifying to the Department of Mental Health and
Substance Abuse Services successful completion of such course.
G. The Department shall require that each course for a first offense
shall be conducted in no less than two sessions on two (2) separate
days. For a second or subsequent offense, 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 or
education on any one specialized area;
3. Each instructor shall be a qualified practitioner with one (1) year
teaching experience, or a certified D.U.I. Instructor with five (5)
years' teaching experience; and
4. No more than twelve 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. Alcohol and drug substance abuse treatment programs shall be
offered by facilities designated for that purpose by the Department of
Mental Health and Substance Abuse Services. The facilities shall
either be operated by the Department of Mental Health and Substance
Abuse Services or shall be certified approved treatment facilities as
provided for in the Oklahoma Alcohol and Drug Abuse Services Act.
J. Any person participating in a substance abuse treatment program
shall be required to pay all or part of the actual cost incurred for
treatment of the person, if the court determines that 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.
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