SECTION 90.51. Recordkeeping Regarding Course Participants

(a) All program providers must collect and maintain the following required information on each course participant:

(1) name;

(2) mailing address, city, and zip code;

(3) e-mail address;

(4) date of birth;

(5) gender;

(6) driver's license number (if any);

(7) grade in school or educational level achieved;

(8) present employment;

(9) date of enrollment;

(10) date of course completion;

(11) dates and attendance record for each class module of the course completed;

(12) certificate of completion number; and

(13) criminal case cause number.

(b) In addition to the requirements in subsection (a), program providers of the Drug Offender Education Programs and the DWI Education Programs must collect and maintain the following required information on each course participant:

(1) individual pre-course and post-course test scores;

(2) average pre-course and post-course test scores of course participants;

(3) aggregate percent of knowledge increase between pre-course and post-course test scores;

(4) each course participant's screening instrument;

(5) each course participant's screening instrument indicator code/score; and

(6) any referral recommendations made to a course participant.

(c) In addition to the requirements in subsection (a), program providers of the DWI Intervention Programs must collect and maintain the following required information on each course participant:

(1) participants' blood alcohol concentration at time of arrest (if known);

(2) the number of prior alcohol/drug-related arrests;

(3) documentation that the agreement form, Alcoholics Anonymous attendance, family/significant other attendance, sessions with individual participants, and exit interview requirements were completed as outlined in the Texas DWI Intervention Instructor Program Manual;

(4) each course participant's screening instrument;

(5) each course participant's screening instrument indicator code/score; and

(6) any referral recommendations made to a course participant.

(d) In addition to the requirements in subsection (a), program providers of the Alcohol Education Program for Minors must collect and maintain the following required information on each course participant:

(1) the name of the referring judge;

(2) individual pre-course and post-course test scores;

(3) average pre-course and post-course test scores of course participants; and

(4) aggregate percent of knowledge increase between pre-course and post-course test scores.

(e) A program provider must retain each course roster and a copy of each issued certificate of program completion for at least three years from the date of course completion.

(f) All other course records, as defined under §90.10 and specified in this section, must be retained for a minimum of one year from the date of course completion.

(g) The records in this section must be accessible by the program provider and made available upon request to the department.

Source Note: The provisions of this §90.51 adopted to be effective November 1, 2017, 42 TexReg 4632; amended to be effective September 1, 2022, 47 TexReg 5101