(a)

1. (1) The governing authority or legal owner of a program has the primary responsibility to create and maintain the organization’s core values and mission via a well-defined and annually updated strategic plan which sets out authority over and responsibility for all programs.
2. (2) The authority shall ensure compliance with all applicable legal and regulatory requirements and supervise the recruiting of staff members that are competent and representative of the specific cultures and populations served.
3. (3) The governing body shall advocate for needed resources to carry out the mission of the organization and actively collaborate with the management staff to ensure the success of day-to-day operations.

(b)

1. (1) There shall be a governing body which has the ultimate authority for the overall operation of a program, which is one (1) of the following as verified by the program’s articles of incorporation:

   1. (A) A public, nonprofit organization;
   2. (B) A private, nonprofit organization;
   3. (C) A private, for-profit organization; or
   4. (D) A foreign corporation authorized to do business in Arkansas.
2. (2) Each program shall have a governing body or other responsible person that is accountable for the development of policies and procedures to guide the daily operations.

(d) Each program shall retain written documentation that describes the means by which the governing body shall maintain written documentation for all of the following:

1. (1) The election or appointment of its officers and members;
2. (2) The orientation of new governing body members and any subsequent training;
3. (3) The appointment of committees as necessary to effectively discharge responsibilities;
4. (4) The scheduling of meetings;
5. (5) The determination of quorum requirements; and
6. (6) The keeping of minutes of all meetings.

(e)

1. (1) The governing body shall hold meetings and keep minutes that include:

   1. (A) Date or dates;
   2. (B) Names of the members attending;
   3. (C) Summary of discussion;
   4. (D) Actions taken; and
   5. (E) Target dates for implementation and recommendations.

2. (2) The minutes shall be:

   1. (A) Signed by a member, as designated by the governing body; and
   2. (B) Available to staff, persons served, and the general public upon request, applicable to non-profit organizations only.

(f) The governing body for the organization shall:

1. (1) Delegate a chief executive officer for the program that is not a member of the governing body, applicable to nonprofit organizations only;
2. (2) Prohibit any employee from being a voting member of the governing body;
3. (3) Delegate authority and responsibility to the Chief Executive Officer for the management of the program in accordance with established policy; and
4. (4) Perform an employment evaluation of the Chief Executive Officer at least annually;

(g) The governing body shall:

1. (1) Maintain an authorized policy and procedures manual that describes the rules, principles, and guidelines that determine the substance abuse treatment program operations; and

2. (2)

   1. (A) Review and update the policy and procedures manual as needed, but at least annually, as verified in the board minutes.
   2. (B) This policy and procedures manual shall be made available to the public upon request, applicable to nonprofit organizations only.