Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 23 - Behavioral Health Services › Rule 016.23.10-003 - Licensure Standards for Alcohol and Other Drug Abuse Treatment Programs

Current through Register Vol. 49, No. 6, June, 2024
AUTHORITY
The Department of Human Services, Division of Behavioral Health
				Services, Office of Alcohol and Drug Abuse Prevention (OADAP) is vested by
				A.C.A.§
								20-64-901
et seq.
with the authority and duty to establish and promulgate rules for
				licensure of substance abuse treatment programs in Arkansas. All persons,
				partnerships, associations, or corporations establishing, conducting, managing
				or operating and holding themselves out to the public as an alcohol and other
				drug abuse treatment program must be licensed by OADAP, unless expressly
				exempted from these requirements. Programs administered by the Department of
				Defense, the Veterans Administration, acute care hospital based alcohol and
				drug abuse treatment programs governed by §
								20-9-201, §
								20-10-213 and §
								20-64-903, and persons exempted
				from licensure under Arkansas Code §
								20-64-903 are not required to be
				licensed by OADAP, but may voluntarily seek licensure.
The OADAP is designated as the State Authority (SA) governing
				opioid treatment in Arkansas. Opioid Treatment Programs (OTPs) providing opioid
				treatment services shall comply with the applicable Licensure Standards for
				Alcohol and Other Drug Abuse Treatment Programs including the specific
				standards for opioid treatment developed by OADAP. Opioid treatment services
				shall comply with all applicable federal, state and local laws and regulations
				including those under the jurisdiction of the Substance Abuse Mental Health
				Services Administration (SAMHSA), Center for Substance Abuse Treatment (CSAT),
				the Drug Enforcement Administration (DEA) and the State Authority (SA).
As a condition of OADAP licensure approval, or funding,
				programs must comply with all laws and regulations regarding alcohol or drug
				treatment, programming, services, accreditation, or education.
HISTORY
Act 644 of 1977 created the Arkansas OADAP and charged the
				office with the responsibility for developing and promulgating standards, rules
				and regulations for accrediting alcohol and other drug abuse prevention and
				treatment programs/facilities within the state. Accreditation standards for
				alcohol and other drug abuse treatment programs were implemented in response to
				state and federal legislation, as well as the changing needs of the alcohol and
				drug abuse treatment programs. The first accreditation standards were adopted
				and implemented on January 1, 1983. Act 597 of 1989 delegated OADAP as the sole
				agency responsible for accrediting all alcohol and other drug abuse treatment
				programs. Revisions to the Accreditation Manual were promulgated on September
				1, 1989. Act 173 of 1995 changed the accreditation process to a licensure
				process.
With the advent of the 1995 legislation, the Standards were
				promulgated and implemented as a Licensure Manual on July 1, 1995. The first
				Methadone Treatment Program Standards were developed and promulgated by OADAP
				on October 1, 1993. The Methadone/LAAM Treatment Program Standards were revised
				to include LAAM treatment on July 1, 1997. Subsequently LAAM treatment has been
				discontinued as a practice. More recently Buprenorphine has been recognized for
				use as an Opioid treatment. Thus, per designation of OADAP, the State Methadone
				Authority (SMA) has given way to the current designation of OADAP as the State
				Opioid Treatment Authority (SOTA) governing opioid treatment in
				Arkansas.
ABSTRACT
The Licensure Standards for Substance Abuse Treatment Programs
				Manual are State issued rules and regulations governing the licensure process.
				The Manual includes:
(1) Procedures
			 for Licensure
(2) Licensure
			 Types
(3) Substance Abuse Treatment
			 Standards
(4) Application for
			 Licensure
The Procedures for Licensure explains the licensure process for
				treatment programs, the Standards Review Team and other issues regarding
				licensure.
The Application for Licensure must be completed by all programs
				seeking licensure as an alcohol and/or other drug abuse treatment program in
				Arkansas prior to the on-site initial review.
An alcohol and other drug abuse treatment program must be in
				compliance with all applicable Standards in order for a program to obtain a one
				year or a three year license.
Questions concerning the licensure of alcohol and other drug
				abuse treatment programs in Arkansas may be directed to:
Department of Human Services
Physical
				Address
:
Division of Behavioral Health Services 4800 West Seventh
				Street
The Office of Alcohol and Drug Abuse Prevention Little Rock, AR
				72205
Director, Program Compliance and Outcome Monitoring 305 South
				Palm Street, Administration Little Rock, Arkansas 72205
Phone: 501-686-9866 Fax: 501-686-9396
http://www.arkansas.gov/dhhs/dmhs/
PROCEDURES FOR
				LICENSURE
Licensure is required of any individual, partnership,
				association or corporation operating or seeking to operate a substance abuse
				treatment program in the State of Arkansas. Upon promulgation of revisions to
				the standards, OADAP will provide to each of the programs known to be operating
				within Arkansas, a copy of the newly issued Licensure Standards for Alcohol and
				other Drug Abuse Treatment Programs manual.
A schedule for the licensure process for each treatment program
				with the participation of the program under review will be developed by OADAP.
				The entire licensure process for a program is shown below, with explanatory
				comments following.
Step 1
a) Programs
			 currently licensed shall be notified by OADAP of the upcoming licensure
			 review.
b) First time applicants
			 seeking licensure shall submit a completed application for licensure to
			 OADAP.
c) Unlicensed alcohol and
			 other drug abuse treatment programs will be notified by OADAP of the need to
			 make application for licensure.
Step 2 Receipt by OADAP of the program's completed application
				for licensure. First time applicants shall submit a non-refundable $75.00
				application fee. All licensed programs are billed annually by OADAP for a
				$75.00 renewal fee.
Step 3 OADAP staff shall develop the schedule and requirements
				for the review of the program.
Step 4 OADAP will provide written confirmation and notification
				to the program to include:
a)
			 Timetable developed in Step 1 - 3 above.
b) Members of the Standards Review Team for
			 that program (see Standards Review Team Member selection process).
c) Notice of Requirement Form (form must be
			 signed and returned to OADAP prior to the start of the licensure review)
Step 5 Formal on-site reviews by the OADAP Standards Review
				Team.
Step 6 Report by the OADAP Standards Review Team and
				recommendations to the Director of Program Compliance and Outcome Monitoring,
				Alcohol and Drug Abuse Prevention.
Step 7 Formal report to the program including findings and
				recommendations of the OADAP Standards Review Team with the type of license
				awarded.
Step 8 When applicable, responses to the program's appeal
				and/or scheduling of a follow-up Licensure Review.
Step 9 Submission to OADAP, by the program, of a $1,500.00
				non-refundable licensure review fee (for first time applicants only) due after
				the review.
NOTE: The formal license will only be issued upon receipt
				of payment of the licensure review fee.
APPLICATION PROCESS FOR OPIOID TREATMENT
				PROGRAMS (OTP)
An OTP shall not operate in the State of Arkansas prior to
				completion of the application process. The following criteria must be
				met:
a) Program has approval from the
			 Drug Enforcement Administration (DEA) on file with OADAP; and,
b) Program has approval from the Center for
			 Substance Abuse Treatment (CSAT).
c) The program has received licensure as an
			 Alcohol and Other Drug Abuse Treatment Program;