1. (a) The governing body shall ensure that the program has written personnel policies and procedures that apply to employees and those working under the supervision of individuals employed by the program, i.e., contracted workers, interns, volunteers, visitors.

2. (b) These shall include, but not be limited to, the following:

   1. (1) Ensuring compliance with all legal, ethical, and regulatory codes in accordance with Title VI and Title VII of the Civil Rights Act of 1964, Equal Employment Opportunities Commission, i.e., race, color, sex, religion, national origin, age, or disability;

   2. (2) Prohibiting harassment of any nature including that of:

      1. (A) Race;
      2. (B) Color;
      3. (C) Religion;
      4. (D) Age;
      5. (E) Sexual orientation;
      6. (F) Physical or mental disability; and
      7. (G) Unwanted sexual advances;
   3. (3) The program shall designate an employee who will monitor the program’s compliance with the Americans with Disabilities Act (ADA) and educate all staff;

   4. (4) Consequences for unethical conduct and violations of the harassment policy will include:

      1. (A) Steps for reporting violations;
      2. (B) Process for investigating allegations; and
      3. (C) Disciplinary process for violations;
   5. (5) Background investigations shall be required for all staff that have direct contact with clients or client records;

   6. (6)

      1. (A) A program cannot employ any person currently receiving substance abuse treatment services.
      2. (B) This also prohibits the use of clients to monitor the program;
   7. (7) Former substance abuse clients shall not provide direct treatment services for twelve (12) months after their discharge from substance abuse treatment;
   8. (8) An employee assistance program or provisions for referral to such services must be available;

   9. (9)

      1. (A) Employee grievance protocol which is reviewed, updated, and approved annually by the governing body.
      2. (B) Documentation of employee grievances shall be confidential and shall be stored separately from personnel records;
   10. (10) Personnel shall meet all local, state, or federal legal requirements for their position, e.g. licensing and certification;

   11. (11)

       1. (A) All noncertified or nonlicensed staff, including volunteers providing counseling and treatment related services, shall be registered with the Arkansas Substance Abuse Certification Board.
       2. (B) An exception is granted for those staff involved in an internship or practicum from another human services or behavioral discipline;
   12. (12) Students or interns shall be supervised by a paid staff member and shall not be used to supplant direct treatment service employees;

   13. (13)

       1. (A) A counselor-in-training shall provide evidence that a minimum of thirty (30) clock hours of continuing education is obtained per year toward the certification process.
       2. (B)

3. (i) Counselors-in-training providing direct treatment services must receive at least one (1) hour of individual supervision or ninety (90) minutes of group supervision weekly.

   1. (ii) Such supervision must be documented and must be performed by persons authorized to approve treatment plans, as specified in this part;

   2. (14)

      1. (A) Policy includes a specific process for completion of a comprehensive evaluation of personnel performance on at least an annual basis for all staff.

      2. (B) The process for evaluation of personnel performance requires:

         1. (i) A written report; and
         2. (ii) Documentation that the evaluation is reviewed with the employee;

   3. (15)

      1. (A) The program has established an appropriate staff development plan for all employees and volunteers.

      2. (B) The plan is to include:

         1. (i) An orientation program for each staff person, which includes a documented review of the program’s policies and procedures; and
         2. (ii)

4. (a) (a) A training program based upon the identified needs of:

   1. (1) (1) Staff;

   2. (2)

      1. (A) (2)(A) Volunteers.
      2. (B) (B) Volunteers working less than ten (10) hours monthly are exempt; and
   3. (3) (3) A designated staff development representative.

5. (b) (b) The needs are identified and documented at least annually.

   1. (iii) The plan must include:
6. (a) (a) Staff signatures; and

7. (b) (b) Employee’s signature;

   1. (16) Personnel records will be kept on all employees, volunteers, and professionals contracted to provide direct treatment services that contain at least:

      1. (A) Job descriptions for all positions, which will be reviewed annually and include:

         1. (i) Qualifications to include education, experience, licensing, and certifications relevant to the position;
         2. (ii) Reporting supervisor's position;
         3. (iii) Position or positions supervised; and
         4. (iv) Duties and responsibilities;
      2. (B) Application/resume;
      3. (C) License/certification, where applicable;
      4. (D) Proof of professional liability insurance, if required by license or certification;
      5. (E) Verification of academic records, when required by job descriptions;
      6. (F) Results of criminal background checks, if required for the position;

      7. (G) A signed statement acknowledging receipt and compliance with the following:

         1. (i) Confidentiality of Alcohol and Drug Abuse Patient Records as found in 42 C.F.R. pt. 2;
         2. (ii) Health Insurance Portability and Accountability Act, 45 C.F.R pts.160 and 164;
         3. (iii) Client rights as listed in this part;
         4. (iv) Program policy and procedure manual;
         5. (v) Employee assistance plan;
         6. (vi) Emergency policies;
         7. (vii) Organizational chart;
         8. (viii) Job description; and
         9. (ix) Annual employee evaluation; and
   2. (17) Employee records are stored in a secure and confidential place.

Codification Notes: Americans with Disabilities Act is codified primarily as 42 U.S.C. § 12101 et seq. The Health Insurance Portability and Accountability Act of 1996 was enacted as Pub. L. No. 104-191.