Section 440IAC10-4-12. OTP administrative structure; general staff requirements

   (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.

(Division of Mental Health and Addiction; 440 IAC 10-4-12; filed Dec 30, 2009, 2:00 p.m.: 20100127-IR-440080412FRA; readopted filed May 10, 2016, 11:24 a.m.: 20160608-IR-440160134RFA)