Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 25 - Bureau of Alcohol and Drug Abuse Prevention › Rule 007.25.95-004 - Bureau of Alcohol and Drug Abuse Prevention Rules and Regulations

Current through Register Vol. 49, No. 6, June, 2024
INTRODUCTION
The Arkansas Department of Health, Bureau of Alcohol and Drug
				Abuse Prevention (ADH-ADAP or ADAP) is the single state agency responsible for
				developing and promulgating standards, rules and regulations for alcohol and
				other drug abuse prevention and treatment functions within the State, and
				operation of a comprehensive management evaluation and community research
				process for the allocation of resources. It is the primary point of contact in
				the state for the award of federal funds to be used in alcohol and other drug
				abuse prevention and treatment programs in the state.
It is determined that in order to combat the abuse and misuse
				of alcohol, tobacco and other potentially harmful drugs, a comprehensive
				prevention and treatment strategy must be developed in Arkansas. This strategy
				shall include the development and administration of a wide range of activities
				and campaigns deemed effective and tailored to the needs of Arkansas
				citizens.
MISSION
To help Arkansas Citizens live productive lives free from the
				abuse of alcohol; tobacco and other drugs.
MAJOR GOALS
1. To act as a strong advocate for
			 comprehensive alcohol, tobacco and other drug abuse, education, intervention,
			 prevention and treatment services in Arkansas and to assure that these programs
			 are identified and presented to lawmakers and to key decision makers.
2. To assure the provision of comprehensive
			 treatment and prevention services to citizens of Arkansas who have an alcohol,
			 tobacco and/or other drug abuse problem or potential problem.
3. To assure that comprehensive services are
			 tailored to the specific needs of individuals within each county and region of
			 the State.
4. To assure that all
			 services provided for the alcohol and drug abuser meet
minim
um standards required for quality care.
5. To allocate limited dollars to local
			 communities in the most cost efficient and cost effective process
			 available.
6. To coordinate with
			 other State agencies and voluntary agencies to assure maximum utilization of
			 available resources and services.
7. To provide comprehensive educational and
			 training resources that are responsive to the changing and diverse needs of
			 alcohol, tobacco and drug abuse clients in Arkansas. .
8. To provide a focus for the enhancing of
			 criminal justice linkages with the substance abuse treatment system.
PHILOSOPHY AND PROGRAM POLICY
The philosophy and program policy of the ADAP recognizes
				that:
1. Even though there are
			 generally accepted solutions to the problems of alcohol, tobacco and other drug
			 abuse, local communities, problems and needs must be
			 considered when determining successful preventive approaches.
2. Effective alcohol, tobacco and other drug
			 abuse prevention and treatment activities must have local citizen input,
			 community support, and community involvement.
3. An effective prevention plan must provide
			 opportunities for persons to become functional and productive citizens, either
			 through treatment, information, education, or alternative activities. All
			 activities are important in effective prevention.
4. . Effective prevention programs cannot
			 rely on a-singlescairce of support but must utilize local resources such as
			 existing sources of supportive services, community programs, neighborhood
			 organizations and social services.
5. In order to assist local communities in
			 the development of alcohol, tobacco and other drug abuse prevention activities,
			 the ADAP must first assist the community by generating community awareness of
			 alcohol, tobacco and other drug abuse problems. This includes an understanding
			 of the nature and extent of the alcohol, tobacco and other drug abuse problem,
			 the deeper issues underlying the problem, and. the need for efforts to deal
			 with the problem.
6. Any activity
			 or program funded by the ADAP must be consistent with the goals established by
			 the ADAP; however, funding requirements must be flexible to allow a
			 responsiveness to individual community needs.
7. Alcohol, tobacco and/or other drag abuse
			 may reflect or contribute to underlying individual and/or community problems;
			 the most successful prevention measures are those that deal with helping a
			 person in the development of his inner resources (feelings, attitudes, values
			 clarification, communication skills, etc.) so that he can deal more effectively
			 with his role in life.
8. Alcohol,
			 tobacco and other drug abuse are problems found in rural areas as well as
			 metropolitan areas. Programs should be available to rural and small
			 communities.
9. State level
			 responsibilities to alcohol, tobacco and other drug abuse prevention activities
			 in Arkansas shall be in management, coordination and technical assistance
			 areas. Delivery of direct services shall be through the administration of the
			 Benton Detoxification Services Center, providing services statewide, and the
			 Supervised Treatment and Education Program (S.T.E.P.), providing assessment and
			 drug treatment diversion to first time non-violent offenders.
10. State level responsibilities to all
			 funded community-based treatment and prevention programs in management,
			 coordination and technical assistance areas shall include
' financial monitoring, evaluation, training, statewide
				dataTetrieval-and analysis,
Licensure and technical assistance.
11. The ADAP shall develop a Request for
			 Proposal (RFP),. Request for Application (RFA) and Progress Report (PR) system
			 to be used in the awarding of funds.
12. The ADAP shall assure that all
			 availability of funding announcements, press releases, RFPs, etc. will include
			 a statement indicating the percentage of federal funds involved in the
			 program.
13. All procurement
			 transactions shall be conducted in a manner to provide, to the maximum extent
			 practicable, open and free competition.
14. The ADAP shall afford an opportunity to
			 an applicant to appear before the Alcohol and Drug Abuse Coordinating Council
			 in matters of the award of funds, review of an application, or adjustment to an
			 existing contract or grant.
15. The
			 ADAP shall not enforce or develop a policy or guideline for the awarding of
.. contracts or grants, .or to continue to disburse.funds,
				which, it Icnowingly finds to be in conflict with any state or federal rule or
				regulation.
16. The ADAP
			 shall not approve for funding any application which does not comply with the
			 ADAP policies and procedures.
17.
			 The ADAP shall present the
Policies and Procedures
			 Manual
affecting all contracts and grants to the Alcohol and Drug
			 Abuse Coordinating Council for review and advice -prior to its implementation.
The Policies and Procedures Manual
will be reviewed
			 and updated at least annually.
18.
			 The ADAP shall present applications/proposals for service delivery which are
			 awarded by the ADAP to the Alcohol and Drug Abuse Coordinating Council for
			 review and advice. This procedure does not apply to administrative contracts
			 such as equipment purchases, newspaper contracts, training contracts, planning
			 contracts or pilot projects.
19.
			 The ADAP shall develop licensure standards for all funded and non-funded
			 treatment programs. All alcohol/other drug abuse/addiction treatment programs
			 must comply with the ADAP standards. The ADAP shall accept the
			 licensure/accreditation/certification of hospital-based alcohol and other drug
			 abuse programs by the Arkansas Department of Health, the Joint Commission on
			 Accreditation of Hospital Organizations (JCAHO), or the Commission on
			 Accreditation of Rehabilitation Facilities (CARP). The ADAP shall also accept
			 certification of Community Mental Health Centers by the Arkansas Division of
			 Mental Health Services.
20. The
			 ADAP shall encourage development of standards for alcohol and drug abuse
			 professionals in the state.
21. The
			 ADAP shall develop a management information system for all programs, whereby
			 the ADAP can conduct program planning activities.
22. The ADAP shall allocate funds inrach
			 areaxrf the state-based on federal mandates, special projects and a needs hased
			 funding formula.
23. The ADAP shall
			 allocate regional funding according to the following program categories:
			 Treatment, Prevention and Education.
24. The ADAP shall initiate, if funds are
			 available, the development of pilot projects in treatment, prevention and
			 education which shall be evaluated for future development of model programs and
			 activities.
25. The ADAP shall
			 assist local communities in securing all available financial assistance for
			 provision of treatment and prevention activities.
26. The ADAP may coordinate with any public
			 or private agency or organization which can assist in collecting data on
			 incidence and prevalence of alcohol and other drug abuse.
27. Information on alcohol and other drugs
			 should be presented in a clear, unbiased and - factual method. .The ADAP
			 -believes "scare.tactics",areaninappropriate mechanism for conveying
			 information to the general public.
28. The ADAP and its funded contract/grant
			 providers shall complete the Certification
Regarding Lobbying statement for contracts of $100,000 or more.
				This certification assures that no federal funds have been paid or will be paid
				for the purposes of lobbying in connection with the awarding of any Federal
				contract, grant, loan, cooperative agreement, and the extension,-renewal;
				amendment or modification of any Federal contract, grant, loan or cooperative
				agreement.
29. The ADAP
			 shall not use Substance Abuse Prevention and Treatment (SAPT) Block Grant funds
			 to carry out any program of distributing sterile needles for the hypodermic
			 injection of any illegal drug or distributing bleach for the purpose of
			 cleansing needles for such hypodermic injection.
30. The ADAP shall not carry out any testing
			 for the etiologic agent for acquired immune deficiency syndrome unless such
			 testing is accompanied by appropriate pre-test counseling and appropriate
			 post-test counseling.
31. It is the
			 policy of the ADAP and the State of Arkansas that the unlawful manufacture,
			 distribution, dispensation, possession or use of a controlled substance in a
			 state agency's workplace is prohibited.
32. Prevention programs shall emphasize zero
			 tolerance of illicit drug use by all persons and the use of alcohol and tobacco
			 by youth.
33. Prevention is based
			 on the knowledge that alcohol and other drug abuse is a multifaceted, complex
			 problem, and that alcoholism and other drug addiction is a primary, progressive
			 but treatable disease.
PREVENTION PHILOSOPHY AND
				POLICIES
1.
			 Prevention is the use of planned activities to reduce the risk that individuals
			 will experience alcohol or drug-related problems in their lives.' It is a
			 positive; proactive - -' approach that attempts to influence individuals before
			 thcearliest onset of such problems.
2. Prevention begins within communities -
			 helping individuals to learn that they can have an impact in solving their
			 local problems and setting local norms. Prevention emphasizes collaboration and
			 cooperation, both to conserve limited resources and to build on existing
			 relationships within the community. Community groups are routinely used to
			 explore new, creative ways to use existing resources.
3. Prevention is part of a broader health
			 promotion effort, based on the knowledge that addiction is a primary,
			 progressive, chronic, and fatal disease. As such, it focuses on helping people
			 develop new, more positive views of themselves. It is aimed at both users and
			 non-users, with a goal to helping community members to achieve healthier
			 life-styles.
4. Community
			 activities sometimes incorporate intervention activities, which attempt to
			 assist individuals who have already begun inappropriate use of alcohol or other
			 drugs. Intervention may include referring to diagnostic or treatment
			 centers.
5. Comprehensive
			 prevention efforts target many agencies and systems, and use many strategies in
			 order to have the broadest possible impact; Therefore, evaluation is ..
			 -crucial in order for communities to identify their successful efforts and-to
			 modify or abandon their unproductive efforts.
6. The overall goal for prevention is the
			 developmentof healthy, responsible, productive citizens who will be unlikely to
			 experience alcohol or drug-related problems in their lives,
7. Prevention emphasizes zero tolerance of
			 illicit drug use by all persons and the use of alcohol and tobacco products by
			 youth.
8. Building coordinated
			 prevention efforts that offer multiple strategies, provide multiple points of
			 access and coordinate and expand citizen participation in community activity is
			 a most promising approach to preventing alcohol and other drug
			 problems.
9. The ADAP supports an
			 holistic approach to drug,- alcohol, and other education including health
			 education, self-appreciation and personal development for grades kindergarten
			 through 12.
10. The ADAP supports
			 development of alcohol and other drug abuse education in schools. It is the
			 philosophy of ADAP that effective education is dependent upon quality teacher
			 training.
11. Prevention programs
			 approved for funding must identify a target population; must develop a program
			 in response to the target population; must assure adequate measures to involve
			 the target group; must have short and long term objectives; and must have an
			 adequate evaluation methodology to reflect accomplishment-of short and long
			 term objectives.
12. The ADAP'shall
			 ericoiirageall primary prevention programs to become self-sustaining after
			 initial funding.
POLICIES AFFECTING TREATMENT AND
				REHABILITATION
1.
			 The ADAP shall develop a plan for each area of the State which shall include
			 the present funding, utilization and need.
2. The ADAP shall determine a plan for
			 allocations of funding, (i.e., Federal mandates, special projects and a
			 statewide funding formula, etc.).
3. The ADAP will purchase outpatient and
			 residential alcohol and other drug abuse j treatment services within a
			 reasonable ceiling rate. Subordinate services may be
I purchased within a separate ceiling rate.
i
4. The
			 ADAP supports the concept that non-medical as well as medical treatment models
			 are viable and effective approaches in providing quality care.
5. Successful treatment and rehabilitation
			 must utilize the total range of services which the individual can appropriately
			 and productively use in the recovery process.
6. While client work may be an important part
			 of the recovery process, the program should develop policies which safeguard
			 the client from inappropriate work, ensure the voluntary nature of work
			 assignments, and meet Department of Labor guidelines.
7. Isolated program components, (i.e.,
			 detoxification, outreach) shall not be funded without assurance that primary
			 and subordinate services are provided.
8. The ADAP shall not initiate, encourage, or
			 approve the development nor funding of programs seeking to provide treatment by
			 modifying behavior through the use of psychosurgery, aversion therapy, or
			 chemotherapy as a primary treatment method.
9. The ADAP shall serve as the State
			 Methadone/LAAM (Levo-Alpha-Acetyl-Methadol) Authority and shall develop
			 standards, provide coordination and oversight of all methadone/LAAM program
			 applications, exemptions, waivers, monitoring and closings in coordination and
			 cooperation with the various federal agencies having regulatory oversight for
			 methadone/LAAM programs.
10. The
			 ADAP shall require that each funded treatment program coordinate services with
			 criminal justice systems within their service area.
11. The ADAP shall require that funded
			 treatment programs provide priority admission in the following order:
(1) Court ordered clients,
(2) Clients with the greatest clinical need,
(3) If all clients awaiting
			 admission have relatively the same clinical need, Injection Drug Users (IDU),
			 and Pregnant clients are given priority,
(4) Clients from the catchment area specified
			 by ADAP,
(5) Clients from the State
			 of Arkansas, and
(6) Clients from
			 other states.