HB1395: HB1395 Drivers licenses; require intervention component for DUI Alcohol or Drug Use Risk Reduction Programs be conducted in person

26 LC 39 4950 House Bill 1395 By: Representatives Mathis of the 133rd, Crowe of the 118th, Washburn of the 144th, Barrett of the 24th, Powell of the 33rd, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to1 drivers' licenses, so as to require the intervention component for DUI Alcohol or Drug Use2 Risk Reduction Programs be conducted in person; to provide for related matters; to repeal3 conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses,7 is amended in Code Section 40-5-1, relating to definitions, by revising paragraph (10) as8 follows:9 "(10) 'Intervention component' means a program which delivers i n-person therapeutic10 education about alcohol and drug use and driving and peer group counseling concerning11 alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum12 approved and certified by the department for the DUI Alcohol or Drug Use Risk13 Reduction Programs under subsection (e) of Code Section 40-5-83."14 H. B. 1395 - 1 - 26 LC 39 4950 SECTION 2.15 Said chapter is further amended in Code Section 40-5-83, relating to approval and operation16 of driver improvement clinics, criteria for defensive driving c ourses, alcohol and drug17 courses, and driving under the influence risk reduction programs, by revising paragraph (1)18 of subsection (e) as follows:19 "(e)(1) The department is designated as the agency responsible for establishing criteria20 for the certification of DUI Alcohol or Drug Use Risk Reduction Programs. An applicant21 shall meet the certification criteria promulgated by the department through its standards22 and shall provide assessment component services and intervention component services. 23 A certified DUI Alcohol or Drug Use Risk Reduction Program shall require that a risk24 assessment component be conducted prior to administering the intervention component25 of such program. A certified DUI Alcohol or Drug Use Risk Redu ction Program may26 include a clinical evaluation component after an individual completes risk assessment and27 intervention services. Only clinical evaluators licensed by the Department of Behavioral28 Health and Developmental Disabilities shall be qualified to conduct clinical evaluations. 29 The department is designated as the agency responsible for esta blishing rules and30 regulations concerning the contents and duration of the components of DUI Alcohol or31 Drug Use Risk Reduction Programs, qualifications of instructors , attendance32 requirements for students, examinations, and program evaluations; provided, however,33 that intervention components of such courses shall be conducted in person and online34 courses or remote participation platforms which provide in-pers on instruction shall be35 prohibited. Qualified instructors shall be certified for periods of four years each, which36 may be renewed."37 SECTION 3.38 All laws and parts of laws in conflict with this Act are repealed.39 H. B. 1395 - 2 -