PURPOSE
ARS desires to create an environment that protects the public
health and safety of ARS customers and staff as it relates to substance use.
The purpose of this policy is to assure ARS customers with disabilities have
available vocational rehabilitation services to assist them in becoming
employed without the risk of being affected by others utilizing drugs, alcohol
or other substances. The potential for violence in the school or workplace is
very real. This is exacerbated by the prevalence of illegal substances among
our customers. It is our obligation to employees and other customers that the
ARS experience is provided in the safest and most positive settings
possible.
SCOPE
This policy is applicable to all customers seeking, applying for
or receiving assistance from ARS.
POLICY
Unlawful manufacturing, distributing, dispensing, possession of,
or the use of a controlled substance, illegal use of substances (drugs,
alcohol, inhalants and steroids) while on any statewide agency premises or
actively participating in an ARS program is prohibited. Any ARS customer
violating this policy will be subject to disciplinary action.
The specifics of this policy are:
1. Transfer, sale, manufacture or use of a
controlled substance, illegal use of substances and/or alcohol to minors by an
ARS customer can be grounds for disciplinary action.
2. Use of prescription drugs other than
prescribed by a licensed health care professional is not permitted, and abuse
of prescribed drugs other than the prescribed amount.
3. Abuse of other substances, such as abuse
of inhalants and steroids is not permitted.
4. The use of alcohol is not permitted on
state premises or during the delivery of services away from state
premises.
ARS CUSTOMER RESPONSIBILITY
1. ARS customers seeking, applying for or
receiving vocational rehabilitation services or pre-employment related services
may receive a request from ARS to submit to a drug test, alcohol test or
reasonable-suspicion testing.
2.
ARS customers refusing to submit to testing may be subject to disciplinary
action.
3. ARS customers with
alcohol breath test confirmation of a breath alcohol content .08 percent or
more will be subject to disciplinary action.
4. ARS customers residing at HSRC may be
required to return to their field counselor for assistance with counseling
and/or treatment.
5. ARS customers
who reside at HSRC may randomly have their premises searched by a drug dog or
designated personnel as deemed necessary by the HSRC Administrator. The
customer will be asked to be present at the time of the search.
6. ARS customers are required to inform the
agency within (5) days after a conviction related to substance use, where the
violation occurred on the statewide agency premises or while in a program being
funded by ARS. A conviction means a pleading or finding of guilt (including a
plea of nolo contendere) or a sentence by a court of competent
jurisdiction.
7. ARS customers may
be required, as part of resuming services under their Individual Plan of
Employment, to successfully finish a substance abuse rehabilitation program
sponsored by an approved private or governmental institution or 12-Step
Recovery Program. ARS may, with agreement between the customer and counselor,
provide assistance with such a program.
8. ARS customers entering a
training/internship/apprenticeship or employment related program, requiring
drug or alcohol screening as part of the process that do not pass the screening
are subject to disciplinary action.
9. ARS customers who are high school students
fall under both their school policies and this policy while actively
participating in an ARS program.
SCREENINGS
ARS designated staff will be required to assure these tests are
performed by a certified laboratory and reviewed by an official health
professional for interpretation. ARS will provide payment for the required
testing procedures under the arrangement of the counselor. For students at Hot
Springs Rehabilitation Center (HSRC), samples will be collected by the HSRC
Hospital Laboratory during working hours or by a certified laboratory after
hours and the testing will be completed by a non-agency laboratory.
Types of Test
Drug Test(s) includes urine and/or blood specimen*
Alcohol Test(s) includes breath analysis, urine and/or blood
specimen*
Confirmation Test
Reasonable -suspicion testing
*Specimens will be collected in conformance with Hospital
Licensing Regulations.
DISCIPLINARY ACTION
An ARS customer who violates this policy may be disciplined in
one or more of the following ways:
* a behavioral contract
* referral for substance abuse counseling
* referral to a substance abuse rehabilitation program
* referral to a 12-Step Program of Recovery
* Suspension or termination of services, in accordance with
29
USC §
705 Sec. 102 (c) (7) Impact on
Provision of Services
ARKANSAS REHABILITATION SERVICES SUBSTANCE FREE
POLICY
As a customer of Arkansas Rehabilitation Services (ARS), I hereby
certify, from my signature below, that I have received a copy of the agency's
policy regarding the Substance Free Policy. (This has been provided in the
appropriate format.) I understand that unlawful manufacturing, distributing,
dispensing, possession of, or the use of a controlled substance, illegal use of
substances while on any statewide agency premises or actively participating in
an ARS program is prohibited. I understand a violation of this policy will
subject me to disciplinary action.
The policy has been explained to me clearly, I understand my
responsibilities, and I agree to abide by the terms of this policy. I confirm
that my guardian(s) or I have been provided a copy.
Customer's Signature:
__________________
Parent/Guardian
_______________________
Customer's Printed Name:
SSN: _______________________
Date: _______________________
DEAF OUTREACH CENTER (DOC)
I have received a copy of the policy concerning drug and alcohol
use of people who go to Deaf Outreach Center (DOC). If I am illegally using
drugs, alcohol or other substances, I understand to come to DOC, I must want to
stop using. I must demonstrate that I am trying to stop using.
If I want to go or continue to go to DOC, I must follow the DOC
rules about drug and illegal use of alcohol. If I am arrested or convicted of a
substance abuse offense, I must tell DOC within in five (5) days of this
conviction.
Customer's Signature
Parent/Guardian ___________________________________
Customer's Printed Name
SSN: ________________________
Date: ________________________
Substance Free Policy Definitions:
1.
ARS refers
to Arkansas Rehabilitation Services.
2.
Customers
refer to ARS customers with disabilities, which includes referrals, applicants
and those receiving VR services.
3.
Drug and illegal use of drugs as described by
the Rehabilitation Act as amended -
(A) Drug.
-The term
`drug' means a controlled substance,
as defined in Schedules I through V of section 202 of the Controlled Substances
Act (
21 U.S.C.
812 ).
(B) Illegal use of drugs. -The term
`illegal use of drugs' means the use of drugs, the possession or
distribution of which is unlawful under the Controlled Substances Act. Such
term does not include the use of a drug taken under supervision by a licensed
health care professional, or other uses authorized by the Controlled Substances
Act or other provisions of Federal law. (
29
USC §
705 Sec. 6. (10))
4.
Right and
advocacy provisions as described by the Rehabilitation Act as
amended -
(i) In general exclusion of
individuals engaging in drug use. - For purposes of title V of this chapter,
the term individual with disability does not
include an individual who is currently engaging in the illegal use of drugs,
when a covered entity acts on the basis of such use.
(ii) Exception for individuals no longer
engaging in drug use-
Nothing in clause (i) shall be construed to exclude as an
individual with a disability, an individual whom-
(I) has successfully completed a supervised
drug rehabilitation program and is no longer engaging in the illegal use of
drugs, or has otherwise been rehabilitated successfully and is no longer
engaging in such use;
(II) is
participating in a supervised rehabilitation program and is no longer engaging
in such use; or
(III) is
erroneously regarded as engaging in such use, but is not engaging in such use;
except that it shall not be a violation of this Act for a covered entity to
adopt or administer reasonable policies or procedures, including but not
limited to drug testing, designed to ensure that an individual described in
subclause (I) or (II) is no longer engaging in the illegal use of
drugs.
(iii) Exclusion
for certain services. -
Notwithstanding clause (i), for purposes of programs and
activities providing health services and services provided under titles I, II,
and III, an individual shall not be excluded from the benefits of such programs
or activities on the basis of his or her current illegal use of drugs if he or
she is otherwise entitled to such services.
(iv) Disciplinary action. -For purposes of
programs and activities providing educational services, local educational
agencies may take disciplinary action pertaining to the use or possession of
illegal drugs or alcohol against any student who is an individual with a
disability and who currently is engaging in the illegal use of drugs or in the
use of alcohol to the same extent that such disciplinary action is taken
against students who are not individuals with disabilities Furthermore, the due
process procedures at section
104.36 of title 34, Code of Federal Regulations
(or any corresponding similar regulation or ruling) shall not apply to such
disciplinary actions.
(v)
Employment; exclusion of alcoholics. - For purposes of sections 503 and 504 as
such sections relate to employment, the term individual with a disability does
not include any individual who is an alcoholic whose current use of prevents
such individual from the duties of the job in question or whose employment, by
reason of such current alcohol abuse, would constitute a direct threat to
property or the safety of others. (
29
USC §
705 Sec. 6 (20) (C))
5.
Drug Test
means any chemical, biological or physical instrument analysis
administered by a laboratory authorized to do so pursuant to this policy for
the purpose of determining the presence or absence of a drug or its metabolites
pursuant to regulations governing drug testing adopted by the Department of
Transportation or such other recognized authority approved by rule by the
Commissioner.
6.
Alcohol Test means an analysis of breath, urine
or blood or any other analysis, which determines level or absence of alcohol as
authorized by the Department of Transportation in it rules and guidelines
concerning alcohol and drug testing. A breath test will consist of using an
Evidential Breath Test Device approved by the National Highway Traffic Safety
(NHTSA) for evidential testing of breath of alcohol content. ( 49 C.F.R.
40
Part 40.3)
7.
Confirmation Test- In drug testing, a second
analytical procedure to identify the presence of a specific drug or metabolite.
This test is independent of the previous screening test and uses a different
technique and chemical principle from that of the screening test in order to
ensure reliability and accuracy. (Gas chromatography/mass spectrometry (GC/MS)
is the only authorized confirmation method for cocaine, marijuana, opiates,
amphetamines, and phencyclidine.) In alcohol testing, a second test, following
a screening test with a result of 0.02 or greater that provides quantitative
data of alcohol concentration. ( 49 C.F.R.
40 Part 40.3)
8.
Prescribed medication
means medication prescribed by licensed health care
professional.
9.
Reasonable-suspicion testing means drugs,
alcohol or other substance testing. This testing is based on a belief that an
ARS customer is using or has used drugs, alcohol or other substances in
violation of the covered policy drawn from specific objective, articuable
facts, and reasonable inferences drawn from those facts in light of experience.
Among other things, such facts and inferences may be based upon:
A) Observable phenomena while on ARS premises
such as observation of drug, alcohol or other substance use or of the physical
symptoms or manifestation of being intoxicated as defined in ACA §
5-2-207
B) Abnormal conduct or erratic behavior while
on ARS premises or a significant deterioration in performance as it relates to
ARS services or causes a critical incident;
C) A report of drug, alcohol or other
substance use provided by a reliable and credible source;
D) Evidence that an ARS customer tampered
with a drug test, alcohol test or other substance test;
E) Information that the ARS customer has
used, possessed, sold solicited, or transferred drugs, alcohol or other
substances while being on ARS premises or while operating ARS vehicles,
machinery or equipment.
10.
Specimen
means tissue, fluid, or a human product of the human body capable of revealing
the presence of substance used or their metabolite levels.
11.
Substance Abuse
Rehabilitation Program means a service provider that provides
confidential, timely and expert identification, assessment, and resolution to
the ARS customers substance abuse. This program will be an approved private or
governmental institution for the treatment of substance abuse.
12.
Other Designated Staff
refers to ARS staff approved by the Commissioner, which are
responsible to assure a Substance Free ARS environment. These staff will be
responsible for maintaining control and accountability from the initial
collection of information to the final disposition of the situation. Also,
accountable for each stage of handling, testing and storing specimens and
reporting test result.
13.
Other Substances means inhalants and
steroids.
14.
Inhalants means a product that-
A) may be a legal, commonly available
product; and
B) has a useful
purpose but can be abused, such as spray paint, glue, gasoline, correction
fluid, furniture polish, a felt tip marker, pressurized whipped cream, an air
freshener, butane, or cooking spray.
15.
Legal Steroids,
which may be misused, are:
Anabolic steroid is the familiar
name for synthetic substances related to the male sex hormones (androgens).
They promote the growth of skeletal muscle (anabolic effects) and the
development of male sexual characteristics (androgenic effects), and also have
some other effects. Steroid Supplements, such as dehydroepian-drosterone (DHEA)
and androstenedione (street name Andro) can be purchased legally without a
prescription through many commercial sources including health food stores. They
are often referred to as dietary supplements, although they are not food
products.
