440 IAC 10-4-12 - OTP administrative structure; general staff requirements
Authority: IC 12-23-1-6; IC 12-23-18
Affected: IC 12-23-18
Sec. 12.
(a) An OTP
shall have an administrative structure that includes the following:
(1) A program sponsor identified in the
application for certification under 42 CFR Part 8 as responsible for the
operation of the program and who assumes responsibility for all its employees,
including any practitioners, agents, or other persons providing medical,
counseling, educational, or referral services at the program or by contract
with the program.
(2) A medical
director who assumes responsibility for administering all medical services
performed by the program, either by:
(A)
performing the services directly; or
(B) delegating specific responsibility to
authorized program physicians and health care professionals functioning under
the medical director's direct supervision.
(3) A program director who is responsible for
the following:
(A) Managing the day-to-day
operation of the program.
(B)
Assuming responsibilities delegated by the program sponsor.
(4) A clinical supervisor who is responsible
for overseeing the work of the counseling staff at the proportionate equivalent
of one (1) full-time clinical supervisor for every ten (10) counselors or
portion thereof.
(b) The
staff of an OTP shall meet the following general requirements:
(1) All individuals working for an OTP shall
have experience and training to:
(A) safely
manage therapeutic services to patients; and
(B) provide therapeutic services to patients
receiving opioid treatment medication.
(2) All OTP employees shall have a documented
orientation in opioid addiction treatment and shall meet the goals and
objectives of the training prior to assuming their job functions, unless an
employee's personnel record contains documentation showing that the employee
has had sufficient experience in opioid addiction treatment to forgo this
session.
(3) All individuals
employed by the OTP shall undergo a criminal background check prior to
employment to assure that individuals with convictions for drug-related
offenses are not hired in any capacity with access to controlled
substances.
(4) An OTP shall
require an individual seeking employment with the OTP to have a preemployment
drug screening for any of the substances itemized in section 22(c) of this
rule.
(5) An OTP shall not employ
any individual who has a positive drug test in a screening before employment
for any of the substances itemized in section 22(c) of this rule, for which
substance the individual does not have a prescription.
(6) Individuals in recovery employed in any
capacity with access to controlled substances shall have a documented recovery
from substance abuse for a minimum of three (3) years prior to hiring. An OTP
shall have written policies and procedures concerning the following:
(A) The employment of individuals in
recovery.
(B) The acceptable
documentation of recovery required by the OTP.
(C) Substance abuse by current
employees.
(7) The OTP
shall have the following:
(A) Written job
descriptions specifying the following:
(i) The
qualifications for hiring.
(ii) The
position responsibilities.
(iii)
The degree of authority to execute job responsibilities.
(B) An annually reviewed and approved chart
or description of the organizational structure of the OTP that indicates lines
of authority and responsibility.
(8) Separate personnel files shall be
maintained for each staff member containing at least the following:
(A) An employment application containing the
staff member's qualifications for employment.
(B) Documentation showing that the individual
meets the qualifications for the position held.
(C) Documentation of updated credentials
required for the position.
(D)
Documentation demonstrating completion of in-service training
requirements.
(E) The results of a
preemployment criminal background check.
(F) The results of a preemployment drug
screening.
(c)
The OTP shall provide and maintain a drug-free workplace by complying with the
following:
(1) Publishing and providing to all
employees a statement notifying them that the unlawful:
(A) manufacture;
(B) distribution;
(C) administering;
(D) possession; or
(E) use; of a controlled substance is
prohibited in the OTP.
(2) Specifying the actions that shall be
taken against employees for a violation of the prohibitions in subdivision
(1).
(3) Establishing a drug-free
awareness program to inform the OTP's employees of the following:
(A) The dangers of drug abuse in the
workplace.
(B) The OTP's policy of
maintaining a drug-free workplace.
(C) Any available drug counseling,
rehabilitation, and employee assistance programs.
(D) The penalties that may be imposed upon an
employee for drug abuse violations occurring in the
workplace.
(4) Notifying
all employees in the statement required by subdivision (1) that, as a condition
of continued employment, an employee shall do the following:
(A) Abide by the terms of the
statement.
(B) Notify the OTP of an
employee's conviction under any criminal drug statute for a violation occurring
in the workplace not later than five (5) days after the
conviction.
(5) Notifying
the division in writing within ten (10) days after receiving a notice as
follows:
(A) From an employee under
subdivision (4)(B).
(B) Otherwise
receiving actual notice of such conviction.
(6) Within thirty (30) days after receiving a
notice under subdivision (4)(B) of an employee's conviction, imposing the
following sanctions or remedial measures on any employee who is convicted of
drug abuse violations occurring in the workplace:
(A) Taking appropriate personnel action
against an employee, up to and including termination.
(B) Requiring an employee to participate
satisfactorily in a drug abuse assistance or rehabilitation program approved
for such purposes by a federal, state, or local health, law enforcement, or
other appropriate agency.
Notes
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