Rule 3. Approval Requirements

(a) No person, firm, corporation, partnership, association, foundation, governmental unit, or agency, whether public or private, that provides or intends to provide court- administered alcohol and drug services to or for persons who are ordered by the court to participate in the program and whose services are within the scope of IC 12-23-14, shall offer, advertise, deliver, or provide services without first obtaining provisional approval or a certificate of approval from the Indiana Office of Court Services. (b) A court-administered alcohol and drug services program may not provide direct substance abuse treatment services for which a certificate of approval is required by 440 IAC 4.4-2 unless: (1) the court makes a written determination pursuant to IC 12-23-14-7 that existing community resources are inadequate to respond satisfactorily to the demand from the court for specific substance abuse treatment or rehabilitation services; and (2) the court-administered alcohol and drug services program applies for and receives a certificate of approval pursuant to 440 IAC 4.4-2 for each category of substance abuse treatment service to be provided by the court.