Waiver of DUI Services Face-to-Face Rule

March 19, 2020

Dear DUI Service Provider, 

This communication is written in regard to the Colorado Department of Human Services, Office of Behavioral Health (OBH) rule, 2 CCR 502-1, Chapter 21.240.1 “Face-to-Face” services, requiring that the individual is “physically in the same room as a professional person at an Office of Behavioral Health licensed or approved site.” This requirement concerns agencies licensed as Substance Use Disorder facilities providing Driving Under the Influence (DUI), Driving with Ability Impaired (DWAI) and Flying or Boating Under the Influence (FUI and BUI, respectively).

As a result of public health concerns resulting from the novel coronavirus (COVID-19) outbreak, including recommendations for social distancing and limited contact with people, OBH is preemptively waiving the “Face-to-Face” rule along with conditions of the waiver application as contained within 2 CCR 502-1 Chapter 21.120.7 et seq. The blanket waiver shall expire on July 1, 2020, unless the Agency requests, through a new or amended rule waiver application, that the terms be extended. 

If you choose to continue to offer services face to face, please follow CDC guidelines. If you decide not to offer services face to face during this time, OBH expects that services will be delivered via telehealth whenever possible. For best practices in telehealth and telemedicine, please see this HealthIT.gov guide.  

OBH reserves the right to terminate the rule waiver at any point during the specified term for reasons including, but not limited to, adverse effect on the health, safety and welfare of the individuals served; lack of expected improvement in the care of individuals served; change in the conditions that necessitated the waiver; etc. The Agency may appeal the decision of the Department regarding a waiver application and termination of the same, as provided by the Colorado Administrative Procedure Act, Sections 24-4-104 and 24-4-105, C.R.S.

Thank you for the work you are doing during this time to continue to provide services to Coloradans.

Sincerely,
Thomas Miller, JD, MA
Director of Licensing and Designation
3055 W. Oxford Ave., Denver, CO 80236
Cell: 720.830.7484
ThomasL.Miller@state.co.us