army substance abuse program regulation

however, other chapters of the regulation apply to soldiers of the u.s. army reserve and the army national guard, when indicated. the following are the objectives of the acsap: a. the asap is a command program that emphasizes readiness and personal responsibility. clinical intervention with the goal of returning soldiers and other beneficiaries to full duty or identify soldiers who are not able to be successfully rehabilitated. in addition to existing separation policies for alcohol or other drug abuse rehabilitation failures, soldiers with a subsequent alcohol or drug-related incident of misconduct at any time during the 12-month period following successful completion of the asap or during the 12-month period following removal from the program, for any reason, will be processed for separation as an alcohol or drug abuse rehabilitation failure. the army strives to be free of all effects of alcohol and drug abuse. all drug test results and records of referrals for counseling and rehabilitation will be reported through army alcohol and drug abuse channels to the acsap. the commanders of acoms, asccs, and drus will— d. ensure asap capabilities are addressed in the personnel and/or medical operations plan or annex for deployments. prior to publication, the usace regulation will be submitted to the director, asap for review and approval. a.         establish a local command asap and ensure that the full range of asap services are available to all eligible personnel. q.         adhere to guidance for the tdps as provided in paragraphs 5–8 and 5–9 of this regulation. if clinical counseling is indicated, the eapc will make a referral to an asap privileged provider or to a referral source in the local civilian community, depending on where the employee is eligible to receive care. in addition, the dtc will provide the commander a list of the required actions to take on the soldier (referral to the asap, suspension of favorable actions (flag), process for separation, and so forth). the installation physical security officers will inspect installation drug and alcohol collection points biennially to ensure they meet the requirements for storing urinalysis specimens and records in accordance with appendix e of this regulation. g.      foster a positive command climate that discourages alcohol and drug abuse and is supportive of those who need assistance from the asap for problems related to alcohol and other drug abuse. g.      foster a positive command climate that discourages alcohol and drug abuse and is supportive of those who need assistance from the asap for problems related to alcohol and other drug abuse. a.             the consumption of alcohol is a personal decision made by individuals. processed for separation is defined by ar 635–200, and means that the separation action will be initiated and processed through the chain of commands to the separation authority for appropriate actions. the decision to test and how to organize the testing event is made by the commander; however, commanders must be cognizant that an unpredictable testing pattern will produce a more accurate indicator of alcohol impairment and abuse within a particular unit than one which is predictable. soldiers will submit to alcohol testing through blood or breath tests on a monthly basis as a part of the alcohol or other drug rehabilitation program. nothing in this paragraph confers more rights on the accused or respondent and failure to meet the guidance will necessarily make the test inadmissible in a court of law or other adverse proceeding. unless the employee is in a job with specific medical or physical requirements, a supervisor cannot order the employee to undergo any type of medical examination. (a)          additionally, drivers who have an alcohol concentration of 0.02 percent or greater but less than 0.04 percent on a confirmation test is considered not fit for duty and cannot return to duty until 24 hours after the confirmation test. if a test is not administered within 2 hours of the time the determination to conduct the test is made, the supervisor will document the reasons for the delay. drivers subject to follow-up testing will remain in the random testing pool and will be tested whenever selected for random testing. 2.             the dmo, with the assistance of management, will establish and maintain an updated dot driver roster, which identifies the incumbents in those positions and will provide a copy to the dtc or designee. supervisors should record the names of individuals advised to report for alcohol testing, time notified, and time when employees were advised to report for random testing in an mfr. the bat/stt will document the discussion and provide a copy of the record along with employer’s copy of the form dot f 1380 to the driver’s supervisor and the adco. for companies that are not assigned or attached to a battalion, the company commander will perform the duties of the battalion commander described in this chapter, if the brigade or higher commander the company is assigned to does not choose to withhold these duties from him/herself. drug testing must be executed in a fair and equitable manner; meaning that in spite of a soldier’s status in the program or previous drug testing history, the program must be applied to all soldiers consistently. (4)   prescription or over-the-counter drugs and medications (when used in a manner contrary to their intendedmedical purpose or in excess of the prescribed dosage). if a commander wishes to test for a drug not specified by the dod, they will coordinate with the asap staff, and request this test in a memorandum to the commander of the supporting ftdtl. production of a specimen is required as a part of the alcohol or other drug rehabilitation program. however, specimens may also be collected for mishap investigatory purposes only and may not satisfy the requirements of the mre for admissibility in a court-martial. the senior commander for each deployed unit that is assigned a bac will appoint a bacm to manage the asap for the command and maintain liaison with higher commands and the asap. the bacm will forward the mro’s decision to the unit commander and enter it in damis. if a soldier is not selected for testing within the first 10 months of the period, the commander will direct the soldier to provide a specimen and will use the io test code at any point during the last 2 months of the fiscal year. i.              aviation personnel that are involved in alcohol related incidents or are otherwise identified and determined by asap counselors to be “nondependent abusers of alcohol” may be “temporarily suspended from aviation duties” for a period of evaluation and review to ensure that the aviation person poses no unusual threat to aviation safety. any testing technique used must be consistent with the requirements of a valid health and welfare inspection. if a company-level collection will be employed, the company commander may randomly select the soldiers to test or may delegate this to the upl. the briefing will include the purpose for conducting the test, and will constitute a legal order for the soldiers to provide a specimen of their urine. adcos, dtcs, and bacms will register with the web portal to download the test results for their installation/state/msc/ command, and will then forward the test results to the respective commanders in a secure fashion that complies with the provisions of the privacy act. the dtc will notify the soldier’s commander of all positive urinalysis results in the soldier’s career and any previous enrollments in the asap for rehabilitation that are in the soldier’s records. this does not alleviate them of the requirement to initiate administrative separation, or refer the soldier to the asap for evaluation and treatment/education by completing da form 8003. in addition, commanders must complete and submit da form 4833 in accordance with ar 190–45. the specimen must be forwarded using a chain of custody procedure and by a method that ensures the government is not obligated to pay for the testing if the specimen is sent to a commercial laboratory. this chapter specifies policies of the asap pertaining to civilian corps members and da contractors. rehabilitation urine testing of civilian employees or any person eligible for civilian eap services will not be provided by the asap drug testing staff. (7)          the asap positions in which the incumbent provides direct rehabilitation and treatment services to identifiedalcohol or illegal drug abusers. e.             organizations that contract with companies to provide employees that work in positions which would be classified as being within the scope of the prp if performed by soldiers or civilian corps members should specify in such contracts that the contractor will test those employees for illegal drugs using the same guidelines set forth by dhhs and ars. a.             the dmo selects the testing date and the number of tdps to test. the csp will ensure that testing personnel have soap and paper towels to wash their hands in full view of the csp before and after providing a specimen. c.             all urinalysis specimens will be forwarded as soon as possible to the ftdtl at ft. meade, md using one of the a.             the medical review serves as a critical safeguard in the urinalysis program to ensure that positive drug tests resulting from legitimate medications and foods are not misinterpreted as illegal drug use. if the sap determines that the employee/driver needs assistance, the sap will recommend a course of rehabilitation and refer the individual to an appropriate rehabilitation resource. substance abuse is inconsistent with the high standards of performance, discipline, and readiness necessary to accomplish the army’s mission. supervisors will market the eap as a benefit of employment for all eligible employees, and that services are not dependent on worksite related problems. c.             the confidential nature of counseling records of civilian employees with alcohol or other drug problems will be preserved according to applicable laws, rules, and regulations. the neutral witness must not be part of the testing pool and will be approved by the installation sja to ensure neutrality in all steps of the civilian drug testing process. this is required for a commander to enroll the soldier in asap. b.             soldiers who are identified as abusers or suspected abusers will be processed by their unit commander or designated representative in accordance with paragraph 7–9 of this regulation and referred to the asap counseling center for an evaluation. soldiers impaired by alcohol as described in paragraph 3–2 of this regulation while on duty will be referred to the asap counseling center for the initial evaluation. the evaluation will be conducted by a member of the asap counseling staff and will be completed within 12 duty days of the referral. the purpose of the team is to review the results of the evaluation summary and to develop rehabilitation options. a record of the team’s face to face meetings, discussions, and decisions will be maintained in the asap client record. enrollment in this level will be for a minimum of 30 days and will not exceed 360 days. a comprehensive biopsychosocial assessment will be used to determine the extent of alcohol and other drug abuse and the level of rehabilitation required. relapse occurrences of civilian employees and family members will be assessed by the counseling staff in consultation with the client. a.      as part of the rehabilitation plan, the soldier will be encouraged to attend and participate in aa and/or other selfhelp groups. they must also have special training, a minimum of 1 year full-time experience in substance abuse rehabilitation, and must adhere to the asap clinical code of ethics. awareness training is training used to disseminate information that provides an individual with the basic knowledge/understanding of a policy, program, and system. (3)          the eapcs who fail to obtain their certification within 3 years of starting in that position or who fail tomaintain their eap certification will be subject to administrative actions and removal from their positions. (3)          the requirement to obtain and maintain da dtc certification will be written into the employee’s job descriptionand be a condition of employment. a upl that is reassigned to another command may be appointed as a upl in the new command with proof of a previous certification until recertification is required at the 18-month point. b. certification: csps must be certified to perform their duties by successfully completing either the da dtc certification course or the da csp ctp, a standardized course of instruction and evaluation. however, if the dot drug test collector is military, the adco must immediately notify their commander in writing of such revocation and the purpose for it. in addition, corporals and above will receive information on the signs and symptoms of drug and alcohol abuse and how to refer a suspected or verified abuser to the asap. b.             the asap prevention education and training of family members will be addressed in the annual prevention plan. (b)          the deterrent or preventive effect of the dtp is only effective if soldiers believe that they may be tested on any given day and that if they test positive that they will be subject to administrative separation and punishment. (3)          the acsap, based on available resources, will design, develop and distribute posters, pamphlets, and otherprevention/campaign materials to the asaps in support of prevention efforts.

(2)             a human resources council or ipt will be established locally and will be composed of representatives of unitsand activities on the installation. the intent of applicable laws and regulations is to protect the privacy and personal confidences of the asap client. the term “process for separation” means that the separation action will be initiated and processed through the chain of command to the separation authority for appropriate action. soldiers processed for separation under other provisions of that regulation, who also are or become subject to separation under this chapter and whose proceedings on other grounds ultimately result in their retention in the service, will be considered for separation under this chapter. b. the request will specify the length of rehabilitation to which the soldier agrees. soldiers serving in conus should be stabilized in their present unit assignment for 12 months from the date of inpatient enrollment, and their records should be annotated to ensure stabilization. if the client volunteers, the information will not be obtained in the counseling center or in such a manner as to jeopardize the safety of sources of the information or compromise the confidentiality and credibility of the asap (ar 190–30 and 195–2). this information will assist a commander in his or her determination of the need for counseling, rehabilitation, or medical treatment. later that day, the soldier is ordered to and provides a specimen for the urinalysis, which results in a positive report for cocaine use. e. if the command is made aware of a soldier’s illegal drug use through the soldier’s self-referral and admissions, the requirement to initiate separation proceedings pursuant to the appropriate enlisted or officer separation regulation will not apply. these records will be maintained by the asap counseling staff and stored for 5 years in accordance with army records information management system. the asap will not provide rehabilitation counseling for anyone who is not enrolled in one of two program tracks. c.             the disclosure that an individual is not or has not been a client in the asap is fully as much subject to the prohibitions and conditions of the statutes and this regulation as a disclosure that such a person is or has been a client. b.      written approval of a program physician or the cd that disclosure will not be harmful to the client is required (see para 10–28 and e, below). this determination is to be made with the advice of the program cd. subject to paragraph 8–8 of this regulation and ar 340–21, a disclosure to qualified personnel for the purpose of scientific research, management or financial audit, or program evaluation is authorized whether or not the client gives consent. its retention is to justify the specific disclosure described thereon and to maintain a record of that justification. the provisions of this section apply to individuals responsible for any client record and to individuals who have knowledge of the information contained in client records. such tours or discussions will not be conducted at a time or location that could result in the id of a client as an alcohol or other drug abuser. if the quantity of the drug(s) or drug metabolite(s) in a specimen meets or exceeds the cutoff level, the quantity will be recorded and the specimen will be reported as positive for that (those) drug(s). in order for a soldier’s or civilian corps member’s test result to be accepted, all of the quality controls associated with that result must be acceptable. a.             if a commander desires to test a soldier’s urine for a drug that is not on the current test panel, the commander will coordinate through the ftdtl and/or the local asap with the acsap to request the test. d.         the physical security of every ftdtl will be inspected annually to insure the integrity and security of every specimen. note: do not include any of the drug offenses or alcohol offenses in the factor. usamedcom retains the authority to conduct all evaluations of clinical asaps and to delegate authority to the rmcs. the regional cds will conduct the inspections and provide a report to the medcom alcohol and drug program manager and the director, asap. c.             parties requesting or intending to research any of the asap functions will contact the acsap for coordination a.             the damis is the army’s official repository for all current and historical army substance abuse program (asap)-related information. (2)          the acsap will review the electronic da form 3711 for accuracy and completeness and will contact theadco if a form is in error or incomplete. (2)          the acsap will review incoming da forms 4466 for accuracy and completeness and will contact the asap ifa form is found to be in error or incomplete. c.      the usamedcom will provide a daily download of drug testing data from the laboratory information management system (lims) to damis. the asap policies and procedures in this regulation apply to all components of the army, including the arng. h.      identify state certified, community-based alcohol and other drug referral, counseling, and rehabilitation services and ensure that this information is made available to unit commanders for use in the referral process. each state/territory will submit a request for a litigation packet to the ftdtl and provide a copy of the request to the chief, substance abuse section. methadone maintenance and mandatory disulfiram (antabuse) treatment will not satisfy the rehabilitation requirements of this chapter. b. if an arng soldier refuses to consent to drug testing, the unit commander or a designated representative within the soldier’s chain of command will order the soldier to provide a specimen. to preserve the integrity of the arng substance abuse program, arng commanders will coordinate investigatory procedures of all specimens appearing or proven to be adulterated, with their higher headquarters command and judge advocate general’s office. if the mro support crosses mscs, a memorandum of understanding will be prepared and a copy provided to the next higher hq. administrative separation will be initiated and processed to the separation authority for decision on any soldier with a positive drug test that could not have resulted from legitimate medical use of a drug. (2)          sign a consent statement for release of counseling information, which allows the counseling personnel to sharenecessary information with the commander or designee and the usar adco or designated asap personnel. chapter 14 of this regulation and the following additional requirements apply to the usar. an individual must occupy one of the positions in the asap to be eligible for consideration. the secretary of defense community drug awareness award is presented annually to the best ddr effort for the previous year within each service, the ngb and the defense agencies. a.             the qaap is the only source of funding in the asap that is authorized to pay for alcohol-related substance abuse services for soldiers and civilian corps members. (2)      urinalysis testing of civilian corps members subject to the requirements of eo 12564 (for example, thosecivilians in tdps) and the requirements of dot mandates for vehicle drivers. for example, if an adco is identified on the installation’s asap table of distribution and allowances (tda) as a qaap position, then that person should be paid with qaap dollars. army regulations and department of the army pamphlets are available online from the army publishing directorate web site at .mil/. the following questions and figures provide a quick overview of the unit commander’s responsibilities, resources, and procedures necessary to participate in and fully support the asap prescribed by ar 600–85. (1)             the cd is in charge of the counseling portion of the asap and is your poc for counseling and rehabilitationservices (see para 2–23). in cases where the chain of command has referred the matter to a trial by court-martial, administrative separation proceedings will be delayed until the completion of the court-martial process. in addition, the policy is designed to facilitate the rehabilitation of those abusers who demonstrate the potential for both rehabilitation and retention. the asap is comprised of treatment providers who have responsibility for providing clinical counseling to clients suffering the effects of alcohol and other drug abuse. the department of army defines and establishes client rights which are to be observed, respected, and protected at all times. clinical staff are expected to protect and promote the welfare of their clients. attire will be neat, clean, nonprovocative, and appropriate to the professional counseling relationship. client confidentiality must be maintained (in accordance with the army guidelines) in order to preserve and protect the dignity and integrity of the client. this principle is the basis of the ethical guidelines for the use of alcohol and other mood-altering substances. all members of the family are affected by the disease and need to be involved in treatment. it is essential, then, that the asap counselor respect the seriousness of the offense of child abuse and conform to reporting requirements. d.             responsibility 4.1.2: when working on the treatment team or with other professionals, asap clinical staff will not abdicate their responsibility to protect and promote the welfare and best interests of the client and the employing institution. n.         responsibility 5.4.3.: asap clinical staff will not participate in a licensure or certification exam under the auspices of eligibility ascribed to another person. in such presentations, it is the ethical responsibility of the asap counselor to make accurate statements and to avoid any form of misrepresentation. they may be called upon to review the works of other clinical staff or asked to support and encourage such works. the objective of the asap assessment checklist is to assist adcos and cds in evaluating the asap. the observers will sign an affidavit to acknowledge understanding of their duties and responsibilities as observers. the upl will then affix the label to the specimen bottle, in full view of both the soldier and the observer, and hand it to the soldier. i.       the soldier and observer will move to a secure latrine; the soldier will walk in the front with the specimen bottle held above their shoulder to keep it in full view of the observer. v.             the observer will then sign the unit ledger in front of the upl and soldier to verify their complied with the collection process and directly observed the soldier provide the specimen and maintained eye contact with the specimen bottle from the time it was handed to the soldier until it was placed in the collection box. (c)          the memorandum titled “certificate of correction,” will be attached to the original and all copies of the dd form 2624. the memorandum titled “certificate of correction,” will be attached to the dtc’s dd form 2624 until destruction date. ends of the bars will be securely embedded in the wall or welded to a steel channel frame fastened securely to the window casing. in this case, the outer door will be of solid core wood or metal. (b)          inside the room will be a safe, filing cabinet or metal wall locker that weighs at least 500 pounds or is secured to the structure of the building with a chain. the upl will write that the soldier had no id card and how the id was verified in the “remarks” section of the unit ledger and/ or in a mfr that is attached to the unit ledger. in no case will failure to comply with the provisions of this appendix be used to invalidate an otherwise valid and legally sufficient adverse administrative or disciplinary action. asap professionals agree that all members of the asap, whether practitioners, including nondegreed recovering persons, or other professionals, form a partnership in providing drug and alcohol services. the asap is responsive to the chain of command and supports the combat readiness of the army. such testing is distinct from testing which may be imposed as part of the counseling or rehabilitation programs unannounced or alcohol testing that is required for any employee who has committed a dot drug or alcohol regulation violation, and who seeks to resume the performance of safety-sensitive functions. these tests are not to be confused with follow-up testing that is actually part of the counseling or rehabilitative process. a reasonable ground in fact and circumstance for a belief in the existence of certain circumstances (as that an offense has been or is being committed, that a person is guilty of an offense, that a particular search will uncover contraband, that an item to be seized is in a particular place, or that a specific fact or cause of action exists).

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