Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0054 - Substance Abuse › Chapter 2 - ORGANIZATIONAL REQUIREMENTS › Section 2-7 - Human Resource Management

Current through July 13, 2024
(a) A program shall
				keep, maintain, and make available to any employee or client an organizational
				chart and written policy that describe the organizational structure.
(b) A program shall have written policies and
				procedures stating that, in the selection of staff, consideration when possible
				will be given to each applicant's cultural competency of special populations
				that the program serves.
(c) A
				program that utilizes volunteers shall have written policies and procedures
				governing their activities and establishing appropriate training requirements.
				Volunteers must review all applicable policies and sign a form acknowledging
				that the policies were reviewed and agreed upon.
(d) A program shall have written policies and
				procedures for determining staff training needs, formulating individualized
				training plans, developing cross-training activities with other professional
				disciplines, and documenting the progress and completion of staff development
				goals. Personnel records shall contain a record of such activities. At a
				minimum, training shall include trauma assessment and management, cultural
				competency, rights of person served, family centered services, prevention of
				workplace violence, confidentiality requirements, professional conduct, ethics,
				and special populations served specific to services being provided.
(e) All programs with two (2) or more persons
				employed or under contract shall implement and enforce policies and procedures
				establishing a drug-free workplace. These policies and procedures shall require
				employees, including administrators, staff members, and volunteers, to undergo
				drug and/or alcohol testing whenever the program's governing board, legal
				owner, or administrator, has reason to believe a person may be illicitly using
				controlled substances or abusing alcohol. When test results are found to be
				positive, or whenever the program otherwise learns that an employee may be
				abusing alcohol or controlled substances, the program shall refer the person to
				a treatment program for assessment and treatment recommendations.
				Notwithstanding any provision of this paragraph, programs shall also report to
				the appropriate licensing board, if required to do so, pursuant to a contract
				or rules of the licensing board. The program may terminate any person who
				refuses to cooperate and follow recommendations for treatment or other
				interventions.
(f) A program shall
				have written policies and procedures to ensure compliance with 42 CFR, Part 2,
				Federal Confidentiality, and 45 CFR Part 160 and 164, Health Insurance
				Portability and Accountability Act (HIPAA), and other legal restrictions
				affecting confidentiality of alcohol and drug abuse client records. Each staff
				person must sign a statement acknowledging his or her responsibility to
				maintain confidentiality of client information.
(g) A program shall have an Executive
				Director appointed by the governing authority or legal owner. In the case of a
				sole proprietor, this is not required. The Executive Director is responsible
				for the day-to-day operation of the service delivery system, which includes a
				working knowledge of the programs provided, being accessible and available to
				clients and program personnel, and integrating the mission and core values of
				the organization. The Executive Director is responsible for gathering input
				needed for key decision making from clients, all levels of personnel, and other
				community stakeholders. A job description stating minimum qualifications and
				duties must be developed and signed by the Executive Director. At a minimum,
				the following elements are required: ensures sound fiscal management; ensures
				effective and efficient resource utilization; ensures program and facility
				safety for clients and staff; ensures demonstration of an organized system of
				information; ensures flow of pertinent information to appropriate parties and
				management; and ensures compliance with all applicable legal, ethical, and
				regulatory codes and requirements.
(h) All programs shall conduct such
				background information checks, which include the Wyoming Abuse and Neglect
				Central Registry, as maintained by the Division of Family Services, the sex
				offender registry maintained pursuant to W.S. §
									
										7-19-303, and fingerprinting by the Division
				of Criminal Investigation (DCI) on all successful applicants for employment and
				persons with whom the program contracts, and others, including volunteers, who
				have direct, regular contact with clients. Each program may determine the type
				and scope of any background inquiry based on its needs and the duties of the
				person being employed. Applicants may, at the discretion of the program
				administrator, be provisionally employed pending the outcome of a background
				check.
(i) Personnel records must
				contain the following documentation: annual performance appraisal, background
				check results, current professional license, job description, resume and/or
				application and letters of reference or documented verbal reference checks
				completed by the program. I-9 Forms must be kept in a separate file in a
				secured location to assure confidentiality.