AR 600-85 The Army Substance Abuse Program (2023)

Chapter1

General

1–1.Purpose

This regulation provides comprehensive alcohol and drug abuseprevention and control policies, procedures, and responsibilities for Soldiersof all components, Army civilian corps members, and other personnel eligiblefor Army Substance Abuse Program (ASAP) services.

1–2.References

Required and related publications and prescribed andreferenced forms are listed in appendix A.

1–3.Explanation of abbreviations and terms

Abbreviations and special terms used in this regulation areexplained in the glossary.

1–4.Responsibility

See chapter 2 for responsibilities.

1–5.Program authority

On 28 September 1971, Public Law (PL) 92–129, mandated thatthe Secretary of Defense develop programs for the identification (ID),treatment, and rehabilitation of alcohol or other drug dependent persons in theArmed Forces. Similarly, PL 91–616 and PL 92–255 authorized the Secretary ofDefense to develop programs for Department of Defense (DOD) civilians. In turn,the Secretary of Defense requires each of the Services to develop alcohol andother drug abuse prevention and control programs in accordance with Departmentof Defense Directive (DODD) 1010.4, Department of Defense Instruction (DODI)1010.1, and DODI 1010.9. In response to these directives, the Army conducts acomprehensive program to prevent and control the abuse of alcohol and otherdrugs.

1–6.Army Center Substance Abuse Program mission and objectives

The Army Center for Substance Abuse Programs (ACSAP) missionis to strengthen the overall fitness and effectiveness of the Army’s workforce,to conserve manpower, and to enhance the combat readiness of Soldiers. Thefollowing are the objectives of the ACSAP:

a. Increaseindividual fitness and overall unit readiness.

b. Provideservices which are proactive and responsive to the needs of the Army’sworkforce and emphasize alcohol

and other drug abuse deterrence,prevention, education, and rehabilitation.

c. Implementalcohol and other drug risk reduction and prevention strategies that respond topotential problems

before they jeopardize readiness,productivity, and careers.

d. Restoreto duty those substance-impaired Soldiers who have the potential for continuedmilitary Service.

e. Provideeffective alcohol and other drug abuse prevention and education at all levelsof command, and encourage

commanders to provide alcohol anddrug-free leisure activities.

f. Ensureall personnel assigned to ASAP staff are appropriately trained and experiencedto accomplish their

missions.

g. Achievemaximum productivity and reduce absenteeism and attrition among civilian corpsmembers by reducing

the effects of the abuse ofalcohol and other drugs.

h. Improvereadiness by extending services to the Soldiers, civilian corps members, andFamily members.

1–7.Army Substance Abuse Program concept and principles

a. The ASAP is a command programthat emphasizes readiness and personal responsibility. The ultimate decisionregarding separation or retention of abusers is the responsibility of theSoldier’s chain of command. The command role in substance abuse prevention,drug and alcohol testing, early ID of problems, rehabilitation, andadministrative or judicial actions is essential. Commanders will ensure thatall officials and supervisors support the ASAP. Proposals to provide ASAPservices that deviate from procedures prescribed by this regulation must beapproved by the Director,

A S A P . D e v i a t i o n s i n c l i n i c a l i s s u e sa l s o r e q u i r e a p p r o v a l o f t h e C o m m a n d e r , U . S . A rm y M e d i c a l C o m m a n d (USAMEDCOM). In either case, approval must beobtained before establishing alternative plans for services (as required forisolated or remote areas or special organizational structures).

b. The two overarching tenets of the ASAP areprevention and treatment.

(1) Thecapabilities supporting prevention are education, deterrence, ID/detection,referral, and risk reduction.

(2) Thecapabilities supporting treatment are screening and the rehabilitationprograms.

(3) The targetedintervention capabilities of Army alcohol and drug abuse prevention training(ADAPT) and primefor life span both prevention and treatment.

(4) Table 1–1depicts this alignment and provide definitions for each capability.

28Novem

Table 1–1

AR 600-85 The Army Substance Abuse Program (1)

Overarchingtenets and supporting capabilities of Army Substance Abuse Program

Tenets

Capability

Definition

Prevention

Education and training

Instruction for the Soldiers and other beneficiaries with increased knowledge, skills, and/or experience as the desired outcome.

Prevention

Deterrence

Action or threat of action to be taken in order to dissuade Soldiers or government employees from abusing or misusing substances. The Army’s primary mechanism of deterrence is random drug testing.

Prevention

ID or detection

The process of identifying Soldiers and other beneficiaries as potential or actual substance abusers. This ID can be via self ID, command ID, drug testing ID, medical ID, investigation or apprehension ID.

Prevention

Referral

Modes by which Soldiers and other beneficiaries can access ASAP services. Modes are self-referral and command referral.

Treatment

Screening

An in-depth individual biopsychosocial evaluation interview to determine if Soldiers and other beneficiaries need to be referred for treatment. This capability is a MEDCOM responsibility.

Prevention or treatment

Targeted intervention

An educational/motivational program which focuses on the adverse effects and consequences of alcohol and other drug abuse. The methods used by the Army are the Army ADAPT Program and “Prime for Life. All Soldiers and other beneficiaries screened for substance abuse issues will receive targeted intervention, whether they are enrolled in the program or not.

Treatment

Rehabilitation

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. This capability is a MEDCOM responsibility.

Prevention

Risk reduction

Compile, analyze, and assess behavioral risk and other data to identify trends and units with high-risk profiles. Provide systematic prevention and intervention methods and materials to commanders to eliminate or mitigate individual high-risk behaviors.

c. The Army maintains the following principles:

(1)Abuse of alcohol or the use of illicit drugs by both military andcivilian personnel is inconsistent with ArmyValues, the Warrior Ethos, and thestandards of performance, discipline, and readiness necessary to accomplish theArmy’s mission.

(2)Unit commanders must intervene early and refer all Soldierssuspected of being alcohol and/or drug abusers tothe ASAP. The unit commandershould recommend enrollment based on the Soldier’s potential for continuedmilitary service in terms of professional skills, behavior, and potential foradvancement.

(3)The ASAP participation is mandatory for all Soldiers who arecommand referred and subsequently enrolled.Failure to attend a mandatorycounseling session may constitute a violation of Article 86 of the Uniform Codeof Military Justice (UCMJ).

(4)Soldiers who abuse alcohol and/or other drugs will be enrolled inthe ASAP when such enrollment is clinicallyrecommended. Civilian corps memberswho abuse alcohol and/or other drugs may be enrolled in the ASAP when suchenrollment is clinically recommended, space is available, and the employeeagrees.

(5)Soldiers who fail to participate adequately in or to respondsuccessfully to rehabilitation will be processed foradministrative separationand not be provided another opportunity for rehabilitation except under themost extraordinary circumstances, as determined by the clinical director (CD)in consultation with the unit commander. In addition to existingseparation policies for alcohol or other drug abuse rehabilitation failures,Soldiers with a subsequent alcohol or drug-related incident of misconduct atany time during the 12-month period following successful completion of the ASAPor during the 12-month period following removal from the program, for anyreason, will be processed for separation as an alcohol or drug abuserehabilitation failure.

(6)Alcohol and other drug abuse will be addressed in a singleprogram. Rehabilitation will generally be short termand conducted in a mannerthat supports the military environment.

(7)Separation initiation authorities, in accordance with AR635–200 and AR 600–8–24 retain their authority to make personnel decisionsexcept that initiation of administrative separation is mandatory for allSoldiers identified as illegal drug abusers, for all Soldiers involved in twoserious incidents of alcohol-related misconduct within 12 months and for allSoldiers involved in illegal trafficking, distribution, possession, use, orsale of illegal drugs. Additionally, when a Soldier tests positive for illicitdrugs a second time or is convicted of driving while intoxicated/driving underthe influence a second time during his/her career, the separation authorityshall administratively separate the Soldier unless the Soldier is recommendedfor retention by an administrative separation board or show cause board (ifeligible), under the provision of AR 635–200, or is retained by the firstgeneral officer in the chain of command who has a judge advocate or legaladvisor available or initiation authority for an officer show cause board underthe provisions of AR 600–8–24. This authority may not be delegated and shouldhave a prospective application, in that the regulatory provision should applyto situations in which at least 1 of a Soldier’s DWI/DUI convictions orpositive tests for illicit drugs occurred on or after 17 February 2009, theoriginal effective date of the major revision to this regulation. Separationinitiation authorities, in accordance with Army Regulation (AR) 635–200 and AR600–8–24, retain their authority to make personnel decisions except thatcommanders will process for separation, as required in paragraph 10-6 of thisregulation, all Soldiers identified as illegal drug abusers, all Soldiersinvolved in two serious incidents of alcohol-related misconduct within 12months, all Soldiers involved in illegal trafficking, distribution, possession,use, or sale of illegal drugs, and Soldiers convicted of driving whileintoxicated (DWI) or driving under the influence (DUI) a second time duringtheir career.

(8)Unit commanders retain their authority to make mission-relateddecisions, including field training or deployment,even though such actions mayinterfere with the rehabilitation plan. This includes the authority to mobilizeU.S. Army Reserve (USAR) Soldiers, who have been previously ordered to activeduty (AD) under Title 10 United States Code (10 USC). Chapter 10 of thisregulation provides further details regarding personnel actions during ASAPenrollment. The rehabilitation team, which includes the unit commander, willmake decisions regarding the course of rehabilitation. If the unit commanderdisagrees with the decisions, the first colonel in the Soldier’s chain ofcommand may intercede with the medical treatment facility (MTF) commander onthe unit commander’s behalf. In all circumstances, the MTF commander has finalcounseling decision authority, and the Soldier’s chain of command has finaladministrative or command authority. If rehabilitation is indicated, theSoldier will be provided counseling until separation.

(9)Supervisors will inform all civilian corps members who displayperformance and/or conduct issues that theEmployee Assistance Program (EAP) mayhelp them address adult living problems that have the potential to affectperformance and conduct. Supervisors will market the EAP as a benefit ofemployment for all eligible employees.

(10) Whenresources are available, ASAP rehabilitation services will be offered toeligible civilian corps members,military Family members, Family members ofcivilian employees, and retirees.

(11) Theconfidential nature of counseling records of civilian employees with alcohol orother drug problems will bepreserved according to applicable laws, rules, andregulations. In situations where a testing designated position (TDP) employeediscloses to the Employee Assistance Program coordinator (EAPC) the current useof illegal drugs or significant alcohol use, and the employee has not givenwritten permission to disclose the information, the EAPC must consult with theinstallation Alcohol Drug Control Officer (ADCO) and the servicing legal officewithout releasing identifying information of the TDP employee for guidanceregarding whether or not disclosure of such information to the individual’ssupervisory chain would be in accordance with 42 USC 290dd-2 and 42 Code ofFederal Regulation (CFR) Part 2, Subparts A through D, to determine iftemporary abeyance of TDP duties would be appropriate.

(12) Anactive and aggressive drug and alcohol testing program serves as an effectivedeterrent against alcohol andother drug abuse.

(13) Themilitary police (MP), Criminal Investigation Command (CID) special agents, andother investigativepersonnel will not enroll in or otherwise infiltrate theASAP rehabilitation program for the purpose of law enforcement activities or tosolicit information from Soldiers enrolled in the ASAP.

1–8.Army Values and the Warrior Ethos

Alcohol and drug abuse by Soldiers and civilian corps memberscan seriously damage their physical and behavioral health, jeopardize theirsafety and the safety of those around them, and can lead to criminal andadministrative disciplinary actions. Alcohol and drug abuse is detrimental to aunit’s operational readiness and command climate and is inconsistent with ArmyValues and the Warrior Ethos. The Army strives to be free of all effects ofalcohol and drug abuse.

1–9.Army Substance Abuse Program eligibility criteria

a. The ASAP services areauthorized for personnel who are eligible to receive military medical servicesor are eligible for medical services under the Federal Civilian EmployeesOccupational Health Services Program. In addition to Soldiers, eligibilityincludes— ASAP services are authorized for personnel who arestatutorily eligible to receive medical care in a military treatment facilityor who are eligible under AR 40-400, section V, to receive medical care in amilitary treatment facility that would encompass ASAP services.

(1)United States (U.S.) citizen DOD civilian employees, toinclude both appropriated and nonappropriated fund employees.

(2)Foreign national employees where status of forces agreementsor other treaty arrangements provide for medical services.

(3)Retired military personnel.

(4)Family members of eligible personnel when they are eligiblefor medical care under the provisions of AR 40–400, paragraphs 3–14 through3–16.

(5)Members of the U.S. Navy, U.S. Marine Corps, U.S. Air Force,and U.S. Coast Guard when they are under the administrative jurisdiction of anArmy commander who is subject to this regulation.

(6)Nonuniformed outside continental United States (OCONUS)personnel who are eligible to receive military medical services.

b.When Soldiers are under the administrative jurisdiction ofanother Service, they will comply with the alcohol and other drug program ofthat Service. All drug test results and records of referrals for counseling andrehabilitation will be reported through Army alcohol and drug abuse channels tothe ACSAP.

c.When elements of the Army and another Service are so locatedthat cost effectiveness, efficiency, and combat readiness can be achieved bycombining facilities, the Service to receive the support will be responsiblefor initiating a local Memorandum of Understanding and/or Interservice SupportAgreement (refer to Department of Defense Instruction (DODI) 4000.19).

d.Members of the Army National Guard (ARNG) and USAR who arenot on AD are eligible to use ASAP services

on a space/resource available basis.

1–10.Manpower staffing

Manpower resources for the ASAPhave been provided at all levels of command. Reprogramming of manpowerresources allocated for ASAP functions is not authorized.

a.Garrison Army Substance Abuse Program staff resources. GarrisonASAP staffing consists of those positions listed in paragraphs 2–18 through2–22 of this regulation (ADCO, prevention coordinator (PC), EAPC, drug testingcoordinator (DTC), and Risk Reduction Program coordinator (RRPC), and whateveradditional staff are necessary to ensure compliance with Department of the Army(DA) policies and meet local needs for effective operation of the

ASAP.)

b.Rehabilitation resources. Rehabilitation staffconsists of CD, counselors, clinical consultants (CCs), substance abuseprofessionals (SAPs), and whatever additional positions are necessary to ensurecompliance with DA policies and meet local needs for effective operation of theASAP counseling program. Army Medical Department (AMEDD) or counselingpersonnel will not serve as ADCOs except within USAMEDCOM activities. The ADCOswill not serve as CDs, and the two positions will not be combined. The ClinicalCode of Ethics precludes dual relationships.

1–11.Labor relations

Activities must meet the applicable statutory labor relationsobligations prior to implementing the terms of this regulation as they relateto the conditions of employment of bargaining unit members. Questions regardinglabor relations implications and responsibilities concerning civilian drugtesting should be addressed through the civilian personnel chain of command tothe Deputy Chief of Staff, G–1, Headquarters, Department of Army (DAPE–ZX), 300Army Pentagon, Washington, DC 20310–0300.

Chapter2

Responsibilities

2–1.Deputy Chief of Staff, G–1

The Deputy Chief of Staff, G–1. The DCS, G–1 will—

a. Integrate,coordinate, and approve all policies pertaining to the ASAP.

b. Exercisegeneral staff responsibility for plans, policies, programs, budget formulation,and related research and

program evaluation pertaining to alcohol and other drug abusein the Army.

2–2.Director of Human Resources Policy

The Director of Human Resources Policy. The DHRP will—

a. Provideguidance and leadership on all alcohol and other drug policy issues.

b. Exercisestaff leadership and supervision over the ASAP.

c.Ensure the Risk Reduction Program (RRP) interfaces withrelated functional areas within DHRP’s responsibilities (for example,well-being, suicide prevention, sexual assault, health promotion, equalopportunity, and substance abuse) and coordinate RRP activities with otherrelated DOD, DA, and civilian agencies (for example, safety and law enforcementoffices.)

d. Overseethe Army’s drug and alcohol testing program.

2–3.Director, Army Substance Abuse Program

The Director, Army Substance Abuse Program. TheDirector, ASAP will—

a. Directthe operations of the ACSAP.

b. DevelopASAP goals and policies.

c. Review,assess, and recommend policy changes, as appropriate.

d. InterpretASAP policy in response to inquiries from Army commands (ACOMs), Army servicecomponent commands (ASCCs), and direct reporting units (DRUs), theirsubordinate commands, other uniformed Services, DOD, and other Federalagencies.

e. Preparebudget submissions, direct allocation of funds, monitor execution of resources,and serve as the functional

budget program manager for theASAP.

f. Overseeprograms, develop plans, formulate budgets, and provide technical assistanceand training for ASAP

civilian services.

g. Maintainliaison between the Army and the other uniformed Services, other Federalagencies, and the private

sector.

h. Provideoperational guidance, monitoring, and oversight of the worldwide ASAP.Coordinate management, funding, and execution of the ASAP with the InstallationManagement Command (IMCOM), the National Guard Bureau (NGB), the USAR command,and commanders of ASCCs in operational areas where the IMCOM does not supervisethe ASAP.

i. Consolidateall alcohol and other drug statistics and provide periodic reports to the DHRP,the Army staff, ACOMs, ASCCs, DRUs, DOD, the Department of Health and HumanServices (DHHS), and ADCOs.

j. Establishand maintain program-level evaluation plans, measures, data collections,analyses, and reporting proce-

dures for implementation at Army,IMCOM, ACOM, ASCC, DRU, and installation levels.

k. Publishan ASAP Evaluation Plan, which will be updated every 3 years, or as ASAPchanges dictate.

l. Providetechnical assistance in the use of automation and other emerging technologiesin substance abuse

programs.

m. Develop,establish, administer, and evaluate alcohol and other drug abuse prevention,education, and training

programs.

n. Develop,establish, administer, and evaluate special alcohol and other drug abusetraining and educational programs for garrison ASAP staff. Establish selectioncriteria and provide allocations for nominees to attend special training sponsoredby DA.

o. Conductprogram oversight and Drug-Testing Program (DTP) inspection visits toinstallations at least every 2 to 3

years to assess implementation ofASAP policies and procedures.

p. Maintainstaffing inventory data for the ASAP worldwide.

q. Serveas DA’s lead agency on all issues related to Drug Demand Reduction (DDR)Programs and alcohol abuse

prevention.

r. Serveas DA’s proponent for the RRP, which complements the Army Combat ReadinessCenter Risk Management process. Direct the operations of the RRP and coordinateRRP policy with appropriate DOD, DA, and civilian agencies.

s. Serveas the subject matter expert supporting the Army Civilian Education System withtraining development and

analysis for all ASAP positions.

t. EnsureDA programs comply with the policies of the Office of National Drug ControlPolicy and the National Drug Control Strategy.

u. Provideservices such as marketing, training, data processing, analysis, evaluation,guidebooks, operational

guidance products, and reports toDOD, DA, ACOMs, ASCCs, DRUs, and installations.

v. Administerthe duties of the contract officer representative to the ACSAP-contractedprogram.

w. Provideguidance regarding alcohol testing, urine collection, chain of custody,handling and shipping, and

training of Unit PreventionLeaders (UPLs) and DTCs.

x. Manageand distribute drug testing quota allocations, as required.

y. Serveas the Director, U.S. Army Drug and Alcohol Technical Activity in accordancewith AR 10–78

2–4.Deputy Chief of Staff, G–3/5/7

The Deputy Chief of Staff, G–3/5/7. The DCS, G–3/5/7will appoint a representative to coordinate RRP policy and statistics with theACSAP and serve on a Headquarters, Department of the Army (HQDA) risk reductionworking group.

2–5.The Surgeon General, U.S. Army Medical Command

The Surgeon General. TSG will—

a. Developpolicies, standards, and doctrine pertaining to all rehabilitation/counselingelements of the ASAP, which

include medical ID, evaluation,rehabilitation/counseling, and follow-up services.

b. Program,manage, and provide adequate resources, funds, and professional services toadminister the counseling

elements of the ASAP at alllevels.

c. Maintainresidential alcohol and other drug abuse rehabilitation programs as an integralpart of the health care

delivery system.

d. Providecontinuing education and training for assigned ASAP counseling staff.

e. Conductcredentials review and serve as approval authority for ASAP counseling staff.

f. Provideoperational guidance, funding, and management to the Forensic Toxicology DrugTesting Laboratory (FTDTL) that supports the Army’s Drug and Alcohol TestingProgram.

g. Provideall necessary drug and alcohol statistical data to the Director, ASAP.

h. Exercisestaff supervision over the ASAP medical and counseling elements through thespecific geographic area

regional medical commands (RMCs).

i. CoordinateASAP rehabilitation and counseling policy with the Director, ASAP.

j. Evaluaterehabilitation and counseling functions and provide evaluation summaries to theDirector, ASAP for

integration into a total programassessment.

k. Providemedical review officer (MRO) services for military and civilian personnel drugtesting.

l. ProvideSAP services for civilian Department of Transportation (DOT) alcohol and drugtesting.

m. Designand furnish deployment-specific training packages for behavioral health andcombat stress control

medical units.

n. Ensurethat all personnel who may be in a position to refer an individual forcounseling have adequate training

and skill to appropriately do so.

2–6.The Judge Advocate General

The Judge Advocate General. TJAG will—

a. Evaluatethe legal aspects of the ASAP.

b. Reviewlaboratory forensic specimen handling procedures (chain of custody) and otherdrug and alcohol testing

program elements for legal sufficiency.

2–7.Chief, National Guard Bureau

The Chief, National Guard Bureau. The CNGB will—

a. Developand execute plans, policies, and procedures of the ARNG ASAP in coordinationwith the Director, ASAP.

b. Recommendpolicies and operational tasks to DCS, G–1 regarding ARNG Soldiers and theirFamilies’ participa-

tion in the ASAP. (See chap 15 ofthis regulation for specific ARNG guidance.)

c. EnsureARNG units comply with this regulation.

d. Advisethe DCS, G–1 regarding the impact of alcohol and other drug abuse and the ASAPon the ARNG. e. Appoint a liaison to the ACSAP.

2–8.Commanders of Army Commands, Army service component commands, and directreporting units

The commanders of Army commands, Army service componentcommands, and direct reporting units. The commanders of ACOMs, ASCCs, andDRUs will—

a. Appointa staff officer to serve as liaison with ACSAP on substance abuse issues.

b. Appointa representative to coordinate the RRP, its policies and statistics with theACSAP and serve on a HQDA

risk reduction working group.

c. Duringprolonged deployments—

(1) Determineoptimal number of base area codes (BACs) and their alignment.

(2) Providedetailed policy concerning random testing expectations and limitations.

d. Ensure ASAP capabilities areaddressed in the Personnel and/or Medical Operations Plan or Annex for deployments.Minimum services would include drug testing and clinical assessment; however,based on mission, enemy, terrain, troops, time, civil considerations (METT–TC)and security, additional services should be provided.

2–9.Chief, Army Reserve

The Chief, Army Reserve The CAR will—

a. Recommendpolicies and operational tasks to the DCS, G–1 regarding the participation ofUSAR Soldiers and

their Families’ in the ASAP. (Seechap 16 of this regulation for specific USAR guidance.)

b. EnsureUSAR units comply with this regulation.

c. Advisethe DCS, G–1 regarding the impact of alcohol and other drug abuse and the ASAPon the USAR. d. Appoint a liaison to the ACSAP.

2–10.Commander, Installation Management Command

The Commander, Installation Management Command. TheCommander, IMCOM will—

a. Provideguidance and leadership on all facets of the execution of the garrison ASAP.

b. Resourceand staff the garrison ASAP and support installation programs to achieve theobjectives of the program

and to respond to the needs ofcommanders and supervisors.

c. Coordinateand monitor the implementation of installation drug and alcohol testingprograms.

d. Appointa staff officer to serve as a liaison with the ACSAP on substance abuse issues.

e. Establishand implement supporting and supplemental plans consistent with the objectivesand procedures

established by the ASAP EvaluationPlan.

f. PrepareIMCOM ASAP program objective memorandum and budget submissions, monitorexecution of management decision evaluation package (MDEPs) management decisionpackage code for the ASAP funds (QAAP) and management decision packages codefor Department of Defense Counternarcotics funds (VCND) allocated to IMCOM, andcoordinate ASAP resource management with the Director, ASAP.

g. Monitorthe installation EAPs and keep the Director, ASAP updated regarding all ASAPcivilian services and

related statistical data.

h. Collectand maintain necessary management information to assess program effectiveness.

i. Maintainliaison with applicable RMCs to promote and ensure adequate capacity for, anddelivery of ASAP

counseling services toinstallations.

j.Appoint a Risk Reduction Program Coordinator at the U.S.Army Family and Morale, Welfare, and Recreation (MWR) Command, representativewho will serve on a HQDA risk reduction working group.

k. Ensureall installations with over 500 Active Army Soldiers appoint a representativeto coordinate the RRP

policies and statistics with theACSAP.

l. Serveas an information resource to ACOMs, ASCCs, and DRUs on substance abuse issuesfor their units.

m. Ensureall other applicable provisions of AR 600–85 are met.

n. Serveas liaison between ADCOs and the Director, ASAP on matters pertaining to ASAPmanpower, budget, and

administration.

o. Ensurethat installation programs are executing their responsibilities to providesubstance abuse prevention, education, and training to prevent, deter, andreduce alcohol and drug abuse and sustain and improve the skills and abilitiesof the installations’ ASAP staffs in accordance with chapter 9 of thisregulation.

p. Allocateand monitor utilization of all available urinalysis quotas within the IMCOM, asrequired.

2–11.Commander, U.S. Army Criminal Investigation Command

The Commander, U.S. Army Criminal Investigation Command. USACIDCwill—

a.Conduct and support operations, programs, and activitiesdesigned to deter, prevent, and suppress traffic in controlled substances inconjunction with appropriate state, Federal, host country, and internationallaw enforcement agencies.

b.Provide periodic drug assessment reports to the Director,ASAP for both worldwide and specific regions or commands for use in determiningresource requirements and developing drug deterrence, enforcement, andprevention strategies. (Refer to AR 195–2 for specific responsibilitiespertaining to the investigation of drug offenses and crime prevention surveys.)

c.Ensure subordinate commands coordinate with the local ADCOconcerning urinalysis results and related trends

before threat assessments are presented to IMCOM,installation commanders, or deployed commanders.

2–12.Commander, U.S. Army Corps of Engineers

The Commander, U.S. Army Corpsof Engineers. The USACE is delegated the authority to promulgate a regulationto address Corps-specific policies, responsibilities, and procedures related tothe ASAP. The USACE regulation will comply with the policies and programscontained in this regulation. The Commander, USACE may delegate theresponsibilities for implementing AR 600–85 to fit the unique organizationalstructure of the Corps. Prior to publication, the USACE regulation will besubmitted to the Director, ASAP for review and approval.

2–13.Director of Army Safety

The Director of Army Safety. The DASAF will appoint arepresentative to coordinate RRP policy and statistics with the ACSAP and serveon a HQDA risk reduction working group.

2–14.Commanders of regional medical commands

Commanders of regional medical commands. Thecommanders of RMCs—

a. Provideoversight for the ASAP counseling centers staffed by the medical departmentactivity (MEDDAC) and/or

medical centers (MEDCENs) withinthe RMC’s area of responsibility.

b. Ensuremedical resources are available to conduct the required medical review ofmilitary and civilian drug tests

results to include deployed areas.

c. Ensurethat a sufficient number of Professional Officer Filler System providerseligible to serve as MROs in

accordance with MEDCOM Reg 40–51 are trained and certifiedprior to deployment.

2–15.Commanders of medical department activities and medical centers

The commanders of medical department activities andmedical centers. The commanders of MEDDACs/MEDCENs will—

a. Provideadequate and appropriate administrative support, medical services, counselingsupport, and consultation services necessary for quality counseling services insupport of the ASAP counseling centers as a separate entity from other clinicalservices.

b. Ensurethat ASAP counseling centers in their areas of responsibility comply withappropriate medical guidance

for accreditation.

c. Exercisestaff supervision and management of counseling staff assigned to the ASAP.

d. Appointon orders a physician as CC to provide medical and counseling consultation andto ensure the quality of

all counseling services in thearea of addiction medicine.

e. Designatea full-time civilian CD, who will be rated by the CC, with formal, writteninput from the ADCO, and senior rated by the deputy commander for clinicalservices. The ADCO’s input should address command satisfaction

( w i t h c o u n s e l i n g c e n t e r h o u r s o f o p er a t i o n , t i m e l i n e s s o f s e r v i c e s / a p p o i n t m e n t s, p r o f e s s i o n a l s e t t i n g / a t m o s p h e r e , responsivenessto command requests, professional staff appearance), rehabilitation teammeetings, and coordination with the garrison ASAP staff. The CD position willnot be combined with the Chief of Family Advocacy Program (FAP), the Chief ofBehavioral Health, or any other service.

f. Designatea qualified SAP to be responsible for duties identified in DOT/Federal HighwayAdministration guidance in 49 CFR Parts 40 and 382, governing alcohol and otherdrug testing of civilians requiring commercial driver’s licenses.

g. Ensureclose coordination of the counseling and garrison ASAP staffs and that ASAPcounseling staff provides

support/technical assistance forprevention classes, as resources permit.

h. Appointon orders sufficient MROs to ensure completion of medical reviews within 5working days in accordance with paragraph 4–14. Ensure that appointed MROs areeligible in accordance with Medical Command (MEDCOM) Reg 40–51 and that theyhave completed MEDCOM-sponsored MRO training within 6 months of appointment.

i. Ensureclinical staffs provide installation ADCOs with manpower performanceinformation, monthly clinical

budget information, rehabilitation enrollment and counselingcompletions and other required statistical data.

2–16.Commanders of corps, divisions, and brigades

The commanders of corps,divisions, and brigades. The commanders of corps, divisions, and brigadeswill—

a.Ensure subordinate commanders execute the military DTP, inaccordance with chapter 4 of this regulation, during

the course of their command orOrganizational Inspection Programs.

b.Ensure battalion commanders appoint officers ornoncommissioned officers (NCOs) (E–5 promotable or above) on orders asbattalion prevention leaders (BPL) and alternate UPLs to perform the dutieslisted in paragraph 2–34 of this regulation.

c.Ensure that units are prepared to conduct drug testing whiledeployed, as required in paragraph 4–7 of this

regulation.

d.Consider participating in and directing subordinatecommanders to participate in RRP command consultations

provided by the installation RRPCor installation Prevention Plan (IPP) members.

e.Bring or designate a representative to bring RRP-relatedissues or requests to the attention of the installation or

garrison commander.

f.Ensure that the unit risk inventory (URI) is administered toall Soldiers at least 90 30 days before anoperational deployment and the re-integration unit risk inventory (R-URI) isadministered to all Soldiers between 90 30 and 180days after returning from an operational deployment (see para 12–6 of thisregulation).

g.Recommend subordinate commanders use the URI during changesof command to identify high risk behaviors within their units.

h.Ensure subordinate commanders fulfill the unit prevention andeducation requirements required in paragraph 2–19a of this regulation.

i.Ensure subordinate commanders refer Soldiers to the ASAP forscreening within 5 days of notification that the Soldiers received positiveurinalysis results for illicit drug use or were involved in alcohol-relatedmisconduct. j. During extended deployments—

(1) Assignand certify personnel to serve as primary and alternate Base Area Code Managers(BACMs).

(2) Provideguidance to subordinate commanders concerning random drug testing expectationsand temporarymodifications to testing rates, as applicable.

k. Ensure that the first generalofficer (GO) in the chain of command with a judge advocate or legal advisorreceives the appropriate information on drug positive Soldiers from the ASAPand makes the retention decision when required in accordance with paragraph10-6 of this regulation.

2–17.Installation or garrison commanders

The installation or garrisoncommanders. The installation or garrison commanders will—

a.Establish a local command ASAP and ensure that the full rangeof ASAP services are available to all eligible personnel. The garrison andcounseling elements of the ASAP should be operationally integrated and will beco-located to achieve maximum command/Soldier readiness.

b.Designate each of the following positions:

(1) An ADCO tofunction as the installation ASAP single point of contact (POC) foradministrative functions of thegarrison ASAP and to work with the ASAP CD toprovide effective and efficient integration of the garrison and counselingcomponents of the ASAP.

(2) A PC toadminister the prevention and education functions.

(3) An EAPC toadminister the ASAP civilian assistance services.

(4) A DTC toadminister the drug and alcohol testing program.

(5) An installationbreath alcohol technician (IBAT) (in the continental United States (CONUS),Hawaii, Alaska,and Puerto Rico) to instruct and assist individuals in thealcohol testing process and to operate an evidentiary breath testing device inaccordance with DOT guidelines.

(6) A RRPC, whenrequired by paragraph 12–3a of this regulation, to facilitate risk reductionactivities.

c. Establishan installation prevention team (IPT), human resources council, or a similarappropriate forum to focus on installation substance abuse and risk reductionissues. Use this forum to develop and implement an approved IPP to address theissues identified. Serve as chairperson of the IPT or human resources counciland ensure the following are represented: chaplain, preventive medicine,MEDDAC, community behavioral health, installation safety office, RRPC, provostmarshal (PM), ADCO, CD, PC, USACIDC, social work services,and legal suicide prevention. The garrison commander has the authority toadjust the membership, as required. Any council, team, or committee establishedwill develop and implement a formal charter in accordance with AR 15–1.

d. Exercisedirect supervision of the installation ADCO through the Director, HumanResources.

e. Appointan installation designated management official (DMO) on orders to manage thecivilian DTP.

f. Notifythe local MTF commander of any indications that ASAP counseling functions arenot being provided in

accordance with ARs.

g. Developa mutual support plan among the installation ASAP, PM, and CID to include—

(1)Immediately report all offenses involving illegal possession,use, sale, or trafficking in drugs or drug paraphernalia to the PM CIDfor investigation or referral to the USACIDC.

(2)The PM provides the ADCO with extracts from DA Form 3997(Military Police Desk Blotter) from the MilitaryPolice Reporting System withinthe Centralized Operations Police Suite on all incidents involving alcohol,drugs, or other substance abuse on a daily basis.

h.Support positive and nonattributional approaches to riskreduction.

i.Facilitate business processes and structures to support theRRP, as required.

j.Evaluate IPPs annually.

k.Maintain the means to perform evidentiary alcohol breathtests on Soldiers and civilian corps members and make

the capability available to theASAP staff.

l.Publish a command policy memorandum that addresses alcoholand illicit drug use. In cases where the garrison commander is not theinstallation commander, the installation commander will publish the memorandumwith the garrison commander’s input.

m.Complete a memorandum of agreement with their counterpartfrom another military Service’s installation when the Army and the otherService enter a joint basing situation where common services are provided byone Service for both bases. The memorandum of agreement will specify whichService will provide each of the necessary ASAP services.

n.Continuous command presence in installation living, working,and recreational areas to reduce alcohol and other drug abuse.

o.Ensure that the first GO in the chain of commandwith a judge advocate or legal advisor receives the appropriate information ondrug positive Soldiers from the ASAP and makes the retention decision, whenrequired, in accordance with paragraph 10-6.

2–18.Installation alcohol and drug control officers

The installation alcohol and drug control officers. Theinstallation ADCOs will—

a. Providedirect supervision and management over all garrison ASAP staff and programs.

b. Preparegarrison ASAP budget submissions and monitor execution of the funding.

c. Develop,coordinate, and recommend local garrison ASAP policies and procedures forimplementation.

d. Manageand monitor the drug and alcohol testing program (see chaps 3, 4, and 5 forinformation on specific

requirements related to themilitary and civilian alcohol and drug testing).

e. Serveas the coordinator of all substance abuse and risk reduction issues for theIPT, human resources council, or

other similar appropriate forums.

f. Monitorand evaluate the commander referral rate, separation actions, andthe evaluation completion rate, and

provide quarterly reports to theinstallation and battalion commanders and the Director, ASAP.

g. Ensurethere is a continuous and comprehensive ASAP staff training plan for allgarrison staff to enhance

professional skills.

h. Establishcommunications, a referral network, and administrative coordination betweenmilitary units and civilian

activities and the ASAP tofacilitate the effectiveness of ASAP rehabilitation programs.

i. Assistcommanders and supervisors in the ID and referral of individuals suspected ofalcohol and/or other drug

abuse.

j. Maintaingarrison ASAP and EAP records and authenticate all garrison ASAP reportsfurnished to higher

headquarters (HQ).

k. Instituteprocedures and strategies designed to enhance the deterrent effect of drug andalcohol testing.

l. Consultwith the ASAP counseling staff, local law enforcement personnel, and otherinstallation personnel in

designing and implementing theIPP.

m. Usinginput from the PCs, evaluate all prevention education and training aspects ofthe local ASAP at the end of the fiscal year, and forward through theCommander, IMCOM to the Director, ASAP, a written report of the installationprevention program activities and accomplishments.

n. Formilitary personnel only, restrict notification of positive drug test resultswith personally identifiable informa-

tion (name, socialsecurity number (SSN)) to— (1) The commander who ordered the test.

(2) The chain ofcommand over the commander who ordered the test.

(3) The supportinglegal office when they are acting on behalf of the commander who ordered thetest.

(4) The CDfor rehabilitation tests only.

(5) Thelaw enforcement for all illicit drug results, except pre-MRO and rehabilitationtests. ASAP offices will provide a list of illicit positive drug test resultsto their supporting CID office on a weekly basis.

o.Provide policy guidance and assistance to the servicingCivilian Personnel Advisory Center (CPAC) to identify all Drug-Free FederalWorkplace (DFW) TDPs and those positions subject to DOT drug testing rules atleast quarterly and with all supervisors at least annually.

p.Serve as the primary DMO for verified positive drug testresults for civilian corps members in accordance with 49 CFR.

q.Adhere to guidance for the TDPs as provided in paragraphs 5–8and 5–9 of this regulation. Refer to DA Pamphlet (pam) 600–85, chapters 3 and 4for additional instructions.

r.Maintain ASAP statistics as directed by Director, ASAP (seeparas 4–16, 5–18, 5–35, 12–5, and chap 14).

s.Collect and maintain data on the status of civilianemployees’ and Family members’ participation in the ASAP

and provide reports, as required.

t.Promptly furnish extracts from the daily MP desk blotter tothe CD on all incidents involving alcohol, drugs, and

other substance abuse.

u.Appoint a primary and alternate DTC on orders and ensure theyare trained and certified through the DA DTC

certification course.

v.Assess the installation ASAP on an annual basis using theguide at appendix D of this regulation. Inspect at least one of the four DTCfunctional areas on a quarterly basis. Record all assessments and inspectionfindings on a memorandum for record (MFR) and maintain in accordance with AR25–400–2. Assess the installation ASAP in accordance with AR 11–2 every 5 yearsusing the guide at appendix C.

w.Supervise the MRO review process and ensure the reviewtimelines in paragraph 4–14 of this regulation are met.

x.Prepare and submit all required reports in Drug and AlcoholManagement Information System (DAMIS) or other electronic form as specified inchapter 14 of this regulation.

y.Ensure that DA Form 3711 (Army Substance Abuse Program (ASAP)Resource and Performance Report (RAPR)) is entered into DAMIS by the lastworking day of the month following the period the report covers.

z.If the installation has personnel who require drug testingunder DOT rules, ensure the ASAP has the capability to

perform these urinalysiscollections in accordance with DOT guidelines.

aa. Providereports derived from the DAMIS concerning drug positive data by unitidentification code (UIC) and

drug type to CID on a recurringbasis.

bb. Ensurethat a Soldier’s DAMIS record is reviewed after receiving an illicit positiveresult and that the Soldier’s company commander, as well as the first GO in thechain of command, is notified of all positive urinalysis results in theSoldier’s record.

2–19.Installation prevention coordinators

The installation prevention coordinators. Theinstallation PCs will—

a. PromoteASAP services using marketing, networking, and consulting strategies.

b. Providetraining and any other services to assist organizations in ensuring allmilitary and civilian personnel are provided prevention education training. (forexample, a minimum of 4 hours annually for military personnel and 2 hours forcivilian employees in accordance with U.S. Army Training and Doctrine Command(TRADOC) Reg 350–70). The DOT-designated positions and other high riskcivilian positions should receive more intensive targeted trainingpertaining to their jobs. The PCs will track all training conducted by unit ordirectorate, as appropriate.

c. Coordinatewith the installation training officer to assist in integrating the preventiveeducation and training

efforts into the overallinstallation training program.

d. Design,develop, and administer target group-oriented alcohol and other drug preventioneducation and training

programs in coordination with theASAP staff and other installation prevention professionals.

e. Maintainliaison with schools serving military Family members, civic organizations,civilian agencies, and

military organizations tointegrate the efforts of all community preventive education resources.

f. Overseethe UPL training program. Provide UPLs with education and training materials.

g. Maintainlists of available continuing education and training courses and workshopsprovided by ACSAP, IMCOM, and appropriate civilian agencies for ASAP garrisonstaff and coordinate allocations for military and civilian training coursesthrough the IMCOM.

h. Addressmilitary community risk levels and work toward reducing the risk factors.

i. Maintainclass rosters for all training annotated on DA Form 3711 and track allsubstance abuse training on the

installation by unit.

j. Conductpre- and post-deployment substance abuse training.

k. Teachthe ADAPT course at least monthly and ensure that the course is at least 12hours long. in accordance with

TRADOC Reg 350–70

l. Tothe extent possible, teach at least one class to each unit per year.

m. Develop,in consultation with ASAP staff members, a substance abuse prevention planannually.

2–20.Installation Employee Assistance Program coordinators

The installation Employee Assistance Program coordinators.The installation EAPCs will—

a. Assess,plan, and establish local procedures for providing comprehensive EAP servicesfor eligible civilian corps members and military and civilian Family memberswithin the military community (refer to DA Pam 600–85 for a discussion ofcomprehensive EAP services).

b. Providescreening, assessment, short-term counseling, andreferral services for employees who self-refer or whom management refers.Short-term counseling is providing short-term guidance, education, andmediation to civilian employees for resolution of adult living problems otherthan substance abuse problems. Assessment and referral services are availablefor both substance abuse and adult living problems. If clinicalcounseling is indicated, the EAPC will make a referral to an ASAP privileged provideror to a referral source in the local civilian community, depending onwhere the employee is eligible to receive care.

c. Providefollow-up services to assist employees in achieving effective readjustment tothe job.

d. Adviseand update supervisors concerning their employees’ progress to the extentpermitted by applicable law and

to paragraph 6–8 of thisregulation.

e. Consultwith the installation CPAC, SAP, and supervisors of civilian corps membersthroughout the installation

within the limits required by 42USC 290dd-2 and 42 CFR Part 2.

f. Maintainan updated list of available community counseling and rehabilitation resourcesthat address the full

spectrum of possible adult livingproblems.

g. Coordinatewith the PC on prevention education and training for supervisors and civiliancorps members at all levels on alcohol and other drugs, and appropriateinformation on common adult living problems encountered by civilian employeesthat are specific to the needs of the population serviced (refer to DA Pam600–85 for employee education and supervisory training prerequisites). Civilianpersonnel will receive a minimum of 2 hours of prevention education per year. yearin accordance with TRADOC Reg 350–70

h. Publicizeand market ASAP services available for civilian employees.

i. Assistthe PC in developing and executing prevention campaigns and conductingeducation and prevention

programs.

j. Collectinformation required for reports.

k. MaintainEAP files in accordance with the ACSAP EAPC Guidebook and all Federal lawsgoverning the

confidentiality of records.

2–21.Drug testing coordinator

The drug test coordinator. The DTCs will—

a. Operatea forensically secure installation drug and alcohol testing program controlpoint.

b. Serveas the installation subject matter expert on urinalysis collection and testing.

c. Augmentthe installation Inspector General inspection teams.

d. Ensurethat urine collections from Soldiers are performed, as required, in accordancewith chapter 4 and appendix E of this regulation.

e. Teachthe drug testing procedures portion of the UPL certification course and, incoordination with the PC,

provide pre- and post-deploymenttraining to UPLs.

f. Adviseunit commanders and the ADCO on test procedures and results.

g. Managedrug testing supplies and expenditures.

h. Ensurethe substance abuse programs and urinalysis collection procedures of all unitsare inspected annually and written reports of the inspection findings areprovided to battalion commanders within 30 days. The DTCs will inspect battalion-levelunits and battalion or higher-level UPLs may inspect companies.

i. Beprepared to testify as an expert witness about the urinalysis collectionprocess during courts martial.

j. Maintaindrug testing records in accordance with AR 25–400–2 in separate filingcabinets.

k.Retrieve Soldiers’ drug test results from the FTDTL Webportal, and notify the commanders who ordered the tests within 5 working daysof when the results were posted. For any positive results, review the Soldiers’past urinalysis records in DAMIS to determine if they have previous positiveurinalysis results. Notify the Soldiers’ company commanders of all positiveurinalysis results in the Soldiers’ records and provide a copy of theCommander’s Top 10 Guide to the ASAP with the positive result to companycommanders if they have not previously received one. The Commander’s Top 10Guide to the ASAP briefly outlines a commander’s responsibilities for the unitsubstance abuse program.

(1)Notify the Soldiers’ company commanders, as well as thefirst GO in the chain of command, of all positive urinalysis results in theSoldier’s DAMIS record. In addition, the DTC will provide the commander a listof the required actions to take on the Soldier (referral to the ASAP,suspension of favorable actions (Flag), process for separation, and so forth).

(2)Ensure law enforcement only receives the BAC, UIC, SSN,laboratory accession number, specimen collection date, specimen laboratoryreport date, test basis, and the illicitly used drug(s). Individual Soldierdrug testing and treatment histories will not be provided.

l. Initiatemedical review process for drug positive results requiring such in accordancewith MEDCOM Reg 40–51

and paragraph 4–14 of thisregulation.

m. Maintainthe installation/command drug testing standing operating procedure (SOP) andensure that the ADCO

reviews it annually and theappropriate staff judge advocate (SJA) reviews it when changes are made.

n. Conductbackground check on UPL candidates.

o. Providethe installation CD with the results of all rehabilitation urinalysis tests.

p. Manageinstallation quotas, if required.

q.Manage UPL access to DA and DOD Web-based applications, asneeded.

2–22.Installation Risk Reduction Program coordinators

The installation Risk Reduction Program coordinators. Theinstallation RRPCs will—

a. Coordinateand facilitate RRP data collection and analysis and Web-basedapplications, as needed.

b. ReviewRRP data and analysis with commanders and coordinate appropriate prevention/interventionservices.

c. Develop,coordinate, and recommend local RRP policies.

d. Serveas the coordinator of all RRP issues for the IPT, human resources council, orsimilar forum.

e. Ensurethe risk factor data is entered into the RRP Web-based system by the 15thof the month following the completion of a quarter. EnsureRRP data is collected from the data providers monthly and input the data intothe ACSAP Web-based system by the 10th of the month followingthe previous month. The RRPC has the overall responsibility in terms ofensuring the data’s accuracy.

f. Assistcommanders with identifying high-risk units, conducting URI and R-URI surveys,and identifying appropriate intervention service. Ensure that the URIis administered to all Soldiers at least 30 days before an operationaldeployment, and the R-URI is administered to all Soldiers between 30 and 180days after returning from an operational deployment.

g. Instituteprocedures and strategies designed to enhance RRP visibility on theinstallation.

h. Ensurethat RRP responsibilities are being met in support of unit deployment cycles.

i. Controlaccess to the RRP Web portal by installation personnel, and keep allinstallation-level point-of-contact

information on the Web portalupdated.

j. Coordinateand ensure that the IPT meets at least quarterly to discuss prevention issuesthat affect the entire

garrison community.

k. Assistthe PC in the development and implementation of an IPP, in collaboration withthe IPT. The IPT may be combined with other installation councils or preventionteams as directed by the garrison commander as long as risk reduction isincorporated and issues are discussed.

l. Activelyparticipate in the development of prevention programs, supporting otheragencies when called upon to

do so.

2–23.Installation suicide prevention program managers

For installationsuicide prevention program managers refer to AR 600-63 and DA Pam 600-24.

2–24.Installation clinical directors

The installation clinical directors. The installationCDs will—

a. Administerand manage the rehabilitation function of the ASAP.

b. Providemonthly and quarterly reports, as required, counseling data (for example,referral and evaluation completion rates, number of enrollments by alcohol anddrug, and number of successes/failures) to the installation ADCO, who willinclude the data in the ASAP information routinely forwarded to theinstallation commander.

c. Informthe ADCO of clinical and nonclinical issues affecting the ASAP.

d. EnsureASAP evaluations and command consultations are performed, as required.

e. Ensureforms are completed and submitted to the Director, ASAP and entered in DAMIS ina timely manner.

f. Conductin-service training, supervise the ASAP counselors and ensure the counselorsmaintain independent

privileges to perform theirassigned counseling responsibilities.

g. Appointan ASAP clinician to serve as a member of the Family Advocacy Case ReviewCommittee and the Fatality Review Board.

h. Assessthe installation ASAP on an annual basis using the guide at appendix D of thisregulation. Record all

assessments and inspectionfindings on a MFR and maintain in accordance with AR 25–400–2.

i. Ensurethat all counselors diagnosed with substance abuse dependency have at least 2years of abstinence before

having client contact.

j. Ensurecredentials of all prospective counselors are forwarded for review to the ASAPCC at HQ, MEDCOM

prior to the final job offer byCPAC/Civilian Personnel Operations Center (CPOC).

k. Ensurethat ethical infractions are documented and that appropriate privilegingcommittees and licensing boards

are notified through the QualityManagement Division at HQ, MEDCOM.

l. Notifyunit commanders and the ADCO when units are not conducting rehabilitationtesting as outlined in the

rehabilitation team meetings.

2–25.Installation provost marshals

The installation provost marshals. The installationPMs will—

a.Screen all incident reports for possible alcohol or otherdrug abuse involvement, and provide the ADCO with extracts from DA Form 3997from the Military Police Reporting System module within the CentralizedOperations Police Suite on all incidents involving alcohol, drugs, or othersubstance abuse on a daily basis.

b.Support the ADCO on matters pertaining to the alcohol testingof DOT-designated positions.

c.Provide quarterly RRP data to the installation ADCO or RRPC.

d.Coordinate alcohol and other drug abuse countermeasures withthe local elements of the USACIDC and with Federal, state, and local lawenforcement agencies, as well as traffic, safety, and customs agencies, and theADCO. When appropriate, include host country agencies to minimize the incidenceof alcohol and other drugs as causative factors in traffic accidents and/orcriminal acts.

2–26.Installation safety officers

The installation safetyofficers. The installation safety officers will—

a. Coordinatewith the ADCO and provide data on the incidence of alcohol and/or other druginvolvement in accidents or other safety mishaps.

b. InspectInstallation Drug Testing Collection Points (DTCPs) annually for the presenceof necessary safety

equipment and compliance withapplicable safety regulations and local requirements.

c. Providequarterly RRP data to the installation ADCO or RRPC.

2–27.Installation physical security officers

The installation physical security officers. Theinstallation physical security officers will inspect installation drug andalcohol collection points biennially to ensure they meet the requirements forstoring urinalysis specimens and records in accordance with appendix E of thisregulation.

2–28.Installation/state/U.S. Army Reserve major subordinate command staff judgeadvocates The installation/state/U.S. Army Reserve majorsubordinate command staff judge advocates. The Installation/state/

USAR MSC SJAs will—

a. Assistcommanders, civilian supervisors, and CPAC in interpreting regulations,directives, and policies.

b. Uponrequest, review installation, state, and USAR MSC SOPs for legal sufficiency.

c. Provideeducation support about legal aspects of the DTP during UPL training.

d. Uponrequest, review installation, state, and USAR MSC positive drug test resultfiles for legal sufficiency.

2–29.Installation prevention team members

The installation prevention team members. The IPTmembers will—

a. Supportthe data collection and analysis efforts of the RRP.

b. Reviewprevention/intervention methods and materials in their areas of expertise withcommanders to prevent and

resolve Soldiers’ high-riskbehaviors.

c. Meetquarterly to discuss the RRP and address prevention issues that affect theinstallation.

2–30.Civilian Personnel Operations Center

The Civilian Personnel Operations Center. The CPOCwill—

a.Code management-identified TDP and DOT employees in theDefense Civilian Personnel Data System or the

successor data system.

b.Once concurrence has been obtained by the servicedorganization, ensure position descriptions and vacancy announcements containappropriate language about random alcohol (for DOT TDPs) and drug testingconditions of employment for positions identified by supervisors and managementofficials.

c.Ensure that the completed DA Form 5019 (Condition ofEmployment for Certain Civilian Positions Identified Critical under theDepartment of the Army Drug-Free Federal Workplace Program) and DA Form 7412(Condition of Employment for Certain Civilian Positions IdentifiedSafety-Sensitive under the Department of Transportation, Federal HighwayAdministration Rules on Drug and Alcohol Testing) are filed in the employee’sStandard Form (SF) 66 (Official Personnel Folders).

2–31.Civilian Personnel Advisory Center

The Civilian Personnel Advisory Center. The CPAC will—

a. Provideassistance to management when an employee has a confirmed positive drug testunder the DFW testing

program and/or has engaged inDOT-prohibited conduct described in 49 CFR Part 382.

b. Ensurethat employees assigned to TDPs complete the following:

(1) The DAForm 5019.

(2) The DAForm 7412.

c. Ensurethe employee, supervisor, ADCO, and servicing CPOC receive copies of thecompleted forms.

d. Providea roster, which identifies all personnel who occupy TDPs and personnel whorequire DOT-regulated drug and alcohol testing, to the installation ADCO andU.S. Army Reserve Command (USARC) DCS, G–1 at least once each quarter. Theroster will contain at a minimum, the employee’s name, position, title,department/directorate assigned, and supervisor or point of contact for testingnotification purposes.

e. Referto DA Pam 600–85, chapters 3 and 4 for additional instructions for the CPAC.

2–32.Battalion/squadron commanders

The battalion/squadroncommanders. The battalion/squadron commanders will—

a. Implementa battalion/squadron drug and alcohol testing program (see chap 4 of thisregulation for guidance).

b. ImplementASAP prevention and education initiatives addressed in chapter 9 of thisregulation.

c. Appointan officer or NCO (E–5 promotable or above) on orders as the BPL and alternateBPL, who must be

certified through the UPL trainingaddressed in paragraph 9–6 of this regulation.

d. Ensureall newly assigned Soldiers are briefed on ASAP policies and services within 30days of arrival.

e. Maintainliaison with ASAP garrison and counseling staffs.

f. MaintainASAP elements while deployed, to the maximum extent possible. (See para 4–7 ofthis regulation for details.) Ensure that subordinate units are prepared toconduct drug testing while deployed in accordance with paragraph 4–7 of thisregulation.

g. Fostera positive command climate that discourages alcohol and drug abuse and issupportive of those who need assistance from the ASAP for problems related toalcohol and other drug abuse. Support substance abuse prevention campaigns andalcohol-free activities in the unit and on the installation.

h. Initiateadministrative separation in accordance with AR 635–200, AR 600–8–24, andparagraph 1–7c(7) and

chapter 10 and paragraph 10–6 ofthis regulation.

i. Ensurethat the URI is administered to all Soldiers at least 30 days before anoperational deployment and the RURI is administered to all Soldiers between 90and 180 days after returning from an operational deployment (see para 12–6 ofthis regulation).

j. Immediatelyreport all offenses involving illegal possession, use, sale, or trafficking indrugs or drug paraphernalia to the PM for investigation or referral to theUSACIDC. This includes all positive test results, except from rehabilitationtests, that do not require a medical review as directed by USAMEDCOM. Positivetests that require MRO review as directed by USAMEDCOM will not be reporteduntil receipt of the MRO’s findings. Immediately report alloffenses involving illegal possession, sale, or trafficking in drugs or drugparaphernalia to the CID. Commanders are no longer required to report positiveurinalysis results to local law enforcement. This does not alleviate them ofthe requirement to initiate administrative separation, or refer the Soldier to theASAP for evaluation and treatment/ education by completing DA Form 8003 (ArmySubstance Abuse Program (ASAP) Enrollment).

k. Ensurecompany commanders refer any Soldier to the ASAP for evaluation within 5 dutydays of notification that the Soldier received a positive urinalysis forillicit drug use or alcohol-related misconduct. Commanders ofgeographically-remote units should contact the CD of the nearest installationfor guidance.

l. Assistthe BPL in the development of a battalion/squadron substance abuse program SOPand review and sign it

annually.

m. Considerparticipating in RRP command consultations provided by the installation RRPC orIPT members.

n. Bringor designate a representative to bring RRP-related issues or requests to theattention of the installation or

garrison commander and RRPC.

o. Ensurethat the URI is administered to all Soldiers at least 90 30 daysbefore an operational deployment and the R-URI is administered to all Soldiersbetween 90 30 and 180 days after returning from anoperational deployment (see para 12–6 of this regulation).

p. Recommendsubordinate commanders use the URI during changes of command to identify highrisk behaviors

within their units.

q. Recommendsubordinate commanders use the Unit Risk Inventory during changes of command toidentify high risk behaviors within their units. Battalioncommanders will ensure that the initiation and final disposition for allSoldiers with an illicit positive drug test and Soldiers involved in twoserious incidents of alcohol-related misconduct within 12 months is reported tothe ADCO. In addition, battalion commanders will ensure that a DA Form 4833(Commander’s Report of Disciplinary or Administrative Action) is completed andsubmitted in accordance with AR 190–45.

2–33.Commanders of companies, detachments, and equivalent units

The commanders of companies, detachments, and equivalentunits. The commanders of companies, detachments, and equivalent units will—

a. Assistthe battalion commander in implementing the battalion drug and alcohol testingprogram (see chap 4 of

this regulation for guidance).

b. ImplementASAP prevention and education initiatives addressed in chapter 9 of thisregulation. Ensure that all Soldiers receive a minimum of 4 hours of alcoholand other drug abuse training per year. in accordance with TRADOC

Reg 350–70

c. Appointan officer or NCO (E–5 or above) on orders as UPL and alternate UPL, who mustbe certified through

the UPL training addressed inparagraph 9–6 of this regulation.

d. Documentthat all newly assigned Soldiers are briefed on ASAP policies and serviceswithin 30 days of arrival.

e. Maintainliaison with ASAP garrison and counseling staffs.

f. MaintainASAP elements while deployed, to the maximum extent possible (see para 4–7 ofthis regulation for details.)

g. Fostera positive command climate that discourages alcohol and drug abuse and issupportive of those who need assistance from the ASAP for problems related toalcohol and other drug abuse. Support substance abuse prevention campaigns andalcohol-free activities in the unit and on the installation.

h. Consultwith the servicing legal office for all drug and alcohol related offenses.

i. Immediatelyreport all offenses involving illegal possession, use, sale, or trafficking indrugs or drug paraphernalia to the PM for investigation or referral to theUSACIDC. This includes all positive test results, except from rehabilitationtests, that do not require a medical review as directed by USAMEDCOM. Positivetests that require MRO review as directed by USAMEDCOM will not be reportedunless the MRO findings determine illegitimate use. Immediatelyreport all offenses involving illegal possession, sale, or trafficking in drugsor drug paraphernalia to CID. Commanders are no longer required to reportpositive urinalysis results to local law enforcement; however, this does notalleviate commanders of the requirement to initiate administrative separationin accordance with paragraph 10-6 of this regulation, Flag the Soldier, andrefer the Soldier to the ASAP for evaluation and treatment/education bycompleting DA Form 8003.

j. Initiateadministrative separation in accordance with AR 635–200, AR 600–8–24, andparagraph 1–7c(7), and chapter 10 of this regulation. Commanderswill report to the ADCO the initiation and final disposition for all Soldierswith an illicit positive drug test and Soldiers involved in two seriousincidents of alcohol-related misconduct within 12 months. In addition,commanders must complete and submit DA Form 4833 in accordance with AR 190–45.

k. Ensurethat Soldiers promptly provide medical evidence for legitimate use of aprescribed drug to the MRO when

requested.

l. Consultwith the servicing legal office for all drug and alcohol related offenses.

m. Referany Soldier to the ASAP for evaluation within 5 duty days of notification thatthe Soldier received a positive urinalysis for illicit drug use or was involvedin alcohol-related misconduct. Commanders of geographicallyremote units shouldcontact the CD of the nearest installation for guidance.

n. Assistthe UPL in the development of a unit substance abuse program SOP and sign it atleast annually.

o. Ensurethat the URI is administered to all Soldiers at least 30 days before anoperational deployment and the RURI is administered to all Soldiers between 9030 and 180 days after returning from an operationaldeployment (see para 12–6 of this regulation).

2–34.Supervisors of civilian corps members

The supervisors of civilian corps members. Thesupervisors will—

a. Consult with the CPAC specialist—

(1) Beforeinitiating any formal disciplinary or adverse action.

(2) When anemployee appears to be under the influence of alcohol or other drugs while onduty.

(3) When anemployee has been reported as an illegal drug user (verified positive drugtest).

b. Consultwith an appropriate legal advisor when there is a reasonable suspicion that anemployee is engaged in

criminal conduct involving alcoholor drugs (for example, trafficking, theft, or illegal possession).

c. Privatelyinform their employees in TDPs when they are to report for random drug testingno earlier than 2 hours before they must report to the test site. If an employeeis unavailable for testing for legitimate reasons, the supervisor willcoordinate with the ADCO or designee for a new testing time. At no time willthe supervisor inform deferred employees that they have been selected forrandom drug testing outside of the new two-hour drug-testing window.Supervisors will verbally notify employees to be tested; use of any other meansof notification is unauthorized.

d. Ensurethat all employees receive the required 2 hours of substance abuse awarenesstraining annually. in accordance with TRADOC Reg 350–70 Ensure thatemployees in TDPs and those who are drug tested under DOT

rules receive all additionalrequired substance abuse training.

e. Attendsubstance abuse supervisor training.

f. Befamiliar with the EAP program and how to refer employees.

g. Referto DA Pam 600–85 for additional instructions and procedures for supervisors ofcivilian employees.

2–35.Battalion/squadron prevention leaders

The battalion/squadron prevention leaders. TheBPL/SPLs will—

a. Meetthe criteria in paragraph 9–6 to be a UPL.

b. Beappointed on orders by their battalion commander.

c. Betrained and certified using the ACSAP UPL Certification Training Program (CTP).

d. Superviseand provide technical guidance to UPLs.

e. Inspectand assist company UPLs in the performance of their duties in coordination withthe installation DTC or

state Joint Substance AbuseProgram coordinator (JSAPC).

f. Bethe battalion commander’s subject matter expert on the ASAP.

g. Coordinatewith other UPLs within the battalion to support the battalion DTP as necessaryto accomplish the

specimen collection mission.

h.Use the DOD DTP software as the primary method of randomlyselecting Soldiers for drug testing and for preparing the drug testing formsand bottle labels, and ensure that the commander approves all lists of randomlyselected Soldiers before notifying them to report for testing.

i. Incoordination with the battalion commander, design and implement the battalionSubstance Abuse Program SOP and prevention plan. Provide a copy, signed by thebattalion commander, to the local ASAP.

j. Incoordination with the PC, ensure company UPLs deliver informed preventioneducation and training to all Soldiers assigned to the battalion.

k. Informthe commander of the status of the ASAP and of trends in alcohol and other drugabuse in the battalion.

l. Maintainliaison with the servicing ASAP counseling center when in garrison and with theservicing behavioral

health unit when deployed.

m. Developcommand support for prevention activities by establishing an open, honest, andtrusting relationship

with the unit commander andsubordinate leaders.

n. Adviseand assist unit leaders on all matters pertaining to ASAP.

2–36.Company, detachment, and equivalent Unit Prevention Leaders

The company, detachment, and equivalent Unit PreventionLeaders. The UPLs will—

a. Meetthe criteria in paragraph 9–6 to be a UPL.

b. Beappointed on orders by their company or equivalent commander.

c. Betrained and certified using the ACSAP UPL CTP.

d. Incoordination with the Company Commander, design and implement the CompanySubstance Abuse Program SOP and prevention plan.

e. Incoordination with the PC, deliver informed prevention education and training toall Soldiers assigned to the

unit.

f. Assistin briefing of all new unit personnel regarding ASAP policies and services.

g. Assistthe BPL in administering the battalion Drug and Alcohol Testing Program.

h. Informthe commander of the status of the ASAP and of trends in alcohol and other drugabuse in the company.

i. Maintainliaison with the servicing ASAP counseling center when in garrison and with theservicing behavioral

health unit when deployed.

j. Developcommand support for prevention activities by establishing an open, honest, andtrusting relationship with

the unit commander and subordinateleaders.

k. Adviseand assist unit leaders on all matters pertaining to ASAP.

2–37.Officers and noncommissioned officers

The officers and noncommissioned officers. Theofficers and NCOs will—

a. Usethe Army Values and Warrior Ethos to set the example for their Soldiers interms of not abusing drugs and

alcohol and supporting the Army’sDTP.

b. Educate,train, and motivate subordinates to create a climate that rejects substanceabuse and reinforces positive

individual and social activity onand off duty.

c. Observeindividuals under their supervision and fully document evidence of substandardperformance or misconduct which may indicate substance abuse problems. Whenappropriate, refer subordinates to the commander or the ASAP.

2–38.All Soldiers

All Soldiers. All Soldierswill—

a. Beresponsible for their personal decisions relating to alcohol and drug use andbe fully accountable for

substandard performance or illegalacts resulting from such use.

b. EncourageSoldiers suspected of having an existing or possible alcohol or drug abuseproblem to seek assistance.

c. Beprepared to provide a copy of any prescription or medical treatment involvingcontrolled substances received from any medical personnel outside the militarymedical system for at least 6 months after receiving such prescription ormedical treatment.

Chapter3

Alcohol

SectionI General

3–1.General

a.The consumption of alcohol is a personal decision made byindividuals. Individuals who choose not to consume alcoholic beverages shall besupported in their decisions. Individuals who choose to consume alcoholicbeverages must do so lawfully and responsibly. Responsible use is theapplication of self-imposed limitations of time, place and quantity whenconsuming alcoholic beverages.

b.Responsible drinking is defined as drinking in a way thatdoes not adversely affect an individual’s ability to fulfill their obligationsand does not negatively impact the individual’s job performance, health, orwell-being, or the good order and discipline in a unit or organization.

3–2.Policy

a.Alcohol abuse and resulting misconduct will not be condoned.On-duty impairment due to alcohol consumption will not be tolerated. Impairmentof Soldiers is defined as having a blood alcohol content equal to or greaterthan .05 grams of alcohol per 100 milliliters of blood. For impairment ofcivilian corps members, see paragraph 3–10 of this regulation.

b.There will be no alcohol consumption during duty hours unlessspecifically authorized by the first GO or civilian equivalent (member of thesenior executive service) in the supervisory chain or, if not reasonableavailable, the garrison commander.

c.Underage drinking is prohibited. Army policy governing theminimum age for dispensing, purchasing consuming, and possessing alcoholicbeverages is found in AR 215–1, chapter 10. Any underage Soldier usingalcoholic beverages will be referred to the ASAP for screening within 5 workingdays except when permitted by AR 215–1, paragraph 10–1f.

d.Soldiers should never permit alcohol to—

(1) Impairrational and full exercise of their behavioral and physical faculties while onduty.

(2) Reducetheir dependability and/or reliability.

(3) Bringdiscredit upon themselves, another Soldier, or the Army as a whole.

(4) Result inbehavior that is in violation of this regulation and/or the UCMJ.

e. Commanderswill promote personal responsibility and informed decision making and willensure that subordinates are educated about alcohol abuse, signs and symptomsof abuse, intervention techniques, and alcohol’s effects on the individual,Family members, and the Army’s readiness. Leaders will integrate installation,unit and individual alcohol prevention strategies and publicize the fact thatabuse of alcohol will not be tolerated.

f. Unitcommanders that identify Soldiers who have abused alcohol must refer themwithin 5 working days for

screening, education/trainingand/or rehabilitation as necessary.

g. Commandersmay use unannounced unit inspections and fitness for duty testing for alcoholwith nonevidentiary

DOT-approved alcohol testingdevices to—

(1) Promotemilitary fitness, good order, and discipline.

(2) Promotesafety.

(3) Increaseawareness of the effects of alcohol consumption on duty performance, health andsafety.

(4) Deteralcohol abuse.

(5) Assist inthe early ID and referral to the ASAP of Soldiers at high risk.

h.Unit commanders/supervisors will confront suspected alcoholabusers, regardless of rank or grade, with the

specifics of their behavior,inadequate performance, or unacceptable conduct.

i.Self-referral does not absolve an individual fromaccountability for alcohol-related misconduct.

j.To remain in the Army, all Soldiers who are identified asalcohol abusers must successfully complete an ASAP education and/orrehabilitation program. Soldiers who fail to be rehabilitated will be processedfor separation under the provisions of AR 635–200, chapter 9 and AR 600–8–24,chapter 4.

k.Rehabilitation failure requires initiation of separationproceedings. Rehabilitation failure includes Soldiers with asubsequent alcohol or drug-related incident of misconduct at any time duringthe 12-month period following successful completion of the ASAP or during the12-month period following removal from the program.

3–3.Alcohol sanctions

a.Commanders will process Soldiers for separation who areinvolved in two serious incidents of alcohol-related misconduct in a 12 monthperiod. Processed for separation is defined by AR 635–200, and means that theseparation action will be initiated and processed through the chain of commandsto the separation authority for appropriate actions. Additionally, any Soldierwho is convicted of DWI/DUI two times during their career shall beadministratively separated unless retained by the first GO in command who has ajudge advocate or legal advisor available. This authority may not be delegated.Commanders will process all Soldiers for separation, in accordancewith paragraph 10–6 of this regulation, who are involved in two seriousincidents of alcohol-related misconduct in a 12-month period; any Soldier whois convicted of DWI or DUI two times during his or her career will be processedfor a separation.

b.Military personnel will not be impaired on duty (as definedin para 3–2a of this regulation). Any violation of this provisionprovides a basis for disciplinary action under the UCMJ and a basis foradministrative action, to include characterization of service at separation.Only results from evidentiary tests may be used in support of disciplinary oradministrative actions. (Refer to AR 190–5 for guidance related to alcoholtesting). Actions must be consistent with the Limited Use Policy addressed inchapter 10 of this regulation.

c.Soldiers diagnosed as alcohol dependent will be detoxifiedand given appropriate medical treatment. Those Soldiers who warrant retentionbased on their potential for continued military Service will be offeredrehabilitation and retained. Soldiers who are separated will be referred to aVeterans Administration (VA) hospital or a civilian program by the ASAPcounselor to continue (or initiate) their rehabilitation.

3–4.Deglamorization

a.It is Army policy to maintain a workplace free from alcohol.Alcohol will not become the purpose for, or the focus of, any social activity.At all levels alcohol will not be glamorized nor made the center of attentionat any military function (Refer AR 215–1, chap 10 for guidance concerning use,possession, sale, and transportation of alcoholic beverages on militaryinstallations).

b.Personal responsibility must be emphasized at all events.Activities and events that encourage Soldiers to consume alcohol irresponsiblyare strictly prohibited. All official events will have an adequate supply ofnonalcoholic beverages available for those who abstain from drinking.Regardless of the event, all Soldiers and civilian corps members areresponsible for their own decisions and actions.

SectionII

MilitaryAlcohol Testing

3–5.Authorized purposes for military alcohol testing

The decision to test and how toorganize the testing event is made by the commander; however, commanders mustbe cognizant that an unpredictable testing pattern will produce a more accurateindicator of alcohol impairment and abuse within a particular unit than onewhich is predictable. Commanders must also be aware that the Soldier must haveknown that they were scheduled to be on duty at the time of the test. It isrecommended that commanders consider testing during/after first formation,after lunch, or for shift workers, immediately after reporting for duty. Torealize the objectives of the Army’s Alcohol Testing Program, there are eightcircumstances for alcohol testing of Soldiers.

a.Inspection. An inspection is an examination of a unit,or part thereof conducted as a function of command, the primary purpose ofwhich is to ensure the security, military fitness, or good order and disciplineof the unit, and is conducted pursuant to Military Rules of Evidence (MRE) 313.

b.Search or seizure/probable cause. This may includesearches based on probable cause (PO) (in accordance with MRE 315) or thoseconducted pursuant to a recognized exception to the PO requirement.

c.Competence for duty. During evaluation of a Soldier,the appropriate command authority may direct alcohol testing to determine theSoldier’s competence for duty (CO) or need for counseling, rehabilitation, ormedical treatment when the commander has reason to question the Soldier’s CObased on aberrant, bizarre, or uncharacteristic behavior, breaches ofdiscipline, or other similar behavior. This test may be based on less than PO,but may not be used for disciplinary action under the UCMJ.

d.Rehabilitation. Soldiers will submit to alcoholtesting through blood or breath tests on a monthly basis as a part of thealcohol or other drug rehabilitation program. The rehabilitation team willdetermine if an increased frequency is required.

e.Mishap or safety inspection. A specimen may becollected for alcohol testing from personnel contributing to any Class A, B, orC aviation accident or when deemed appropriate by a commander or physician.Specimens which are collected in compliance with MRE (for example, inspectionby command policy, search, seizure, or consent) may be used for any lawfulpurpose. However, specimens may also be collected for mishap investigatorypurposes only and may not satisfy the requirements of the MRE for admissibilityin a court-martial. If specimens do not satisfy the standards of admissibility,these tests will be protected by the Limited Use Policy.

f.Consent. A specimen for alcohol testing may beprovided voluntarily by a Soldier as part of a consent search

conducted in accordance with MRE314(e).

g.New entrant. Alcohol testing may be required duringthe pre-accession physical, initial period of military Service ,or forphysicals in connection with the selection/attendance of specific militaryschools.

h.Medical. A specimen for alcohol testing may berequired during any examination for a valid medical purpose (for example,emergency treatment, periodic physical examinations, and such other medicalexamination (MOs) as are necessary for diagnostic or treatment purposes inaccordance with MRE 312).

3–6.Nonevidentiary testing (screening)—military

a.Commanders may use nonevidentiary alcohol screening devicesthat are listed on the DOT Conforming Products List of Alcohol ScreeningDevices.

b.Commanders should request devices for testing through theASAP’s DTC.

c.Alcohol results received with these devices cannot be used inany administrative action until the Soldier’s test is confirmed with anevidentiary alcohol breath measuring device or through a legal blood alcoholtest under chain of custody.

d.Soldiers that screen positive using the alcohol breathmeasuring device will be referred to the commander for a determination as towhether PO exists and further search is warranted. Under no circumstance willthe Soldier that screened positive drive any personal or military vehicle untilidentified as not impaired or until the next day.

3–7.Evidentiary testing (confirmation)—military

a. In order for an alcohol test tomeet the evidentiary requirements for use by trial by court martial, thefollowing standards must usually be met. However, these are provided as aguideline only. Nothing in this paragraph confers more rights on the accused orrespondent and failure to meet the guidance will necessarily make the testinadmissible in a court of law or other adverse proceeding.

(1)Chain of custody documents must be correctly completed andmaintained.

(2)The instrument used must be calibrated in accordance withestablished procedures and the manufacturer’srecommendations.

(3)The instrument operator must be certified on the instrument’suse, usually by the manufacturer, on an annualbasis.

(4)The instrument must be properly maintained in accordance withstandard operating procedures and the manufacturer’s recommendations

(5)The operator should print and maintain a copy of test data. Thisshould include calibration, quality control, andthe Soldier’s specimen data.

b. Commanders should request evidentiary tests throughthe MP or their MTF based on established policies on the

installation. Contact the ADCO for installation-specificinformation.

3–8.Alcohol testing rate—military

Although no testing rate is currently mandated, commandersmay conduct alcohol screening tests, and confirmation tests as required, on thewhole or a part of their units for the primary purpose of ensuring thesecurity, military fitness, and good order and discipline of their units. Thisinspection is to determine if Soldiers are maintaining proper standards ofreadiness, and are fit and ready for duty. Alcohol screening and confirmationtests should only be performed during duty hours when the Soldiers selected fortesting have prior knowledge that they should be on duty. For example, if acommander calls an unannounced alert and Soldiers report for duty at 0430 whenthey were originally scheduled to report at 0630, then the alcohol test cannotbe administered until at least 0630. However, if the Soldiers were previously toldthat they had to report at 0430, then they may be tested for alcohol at 0430.

3–9.Alcohol incident referral—military

a.The commander will refer all potential alcohol abusersidentified by self referral, alcohol testing, DUI/DWI, investigation,apprehension, underage drinking or other incident involving the use of alcoholto the ASAP using DA Form 8003 for screening and potential enrollment within 5working days of the incident or investigation.

b.All potential alcohol abusers identified by self referral,alcohol testing, DUI/DWI, investigation apprehension or

other incident involving the use of alcohol will be requiredto attend the Army’s educational ADAPT.

SectionIII

CivilianAlcohol Testing

3–10.Alcohol impaired civilian employees not subject to Department of Transportationregulations on alcohol testing

a.As far as the Army as an employer is concerned, a civilianemployee’s decision to consume alcohol is normally a personal matter. However,when the use or abuse of alcohol interferes with the employee’s ability toperform his or her official duties, the employer does have legitimate concerns,including the proper performance of duties, health and safety issues, andemployee conduct at the work place.

b.Supervisors have an important role in dealing with alcoholproblems in the workplace, along with other agency officials. Supervisors havethe day-to-day responsibility to monitor the work and on-the-job problems,holding the employee accountable, referring the employee to the EAP, and takingany appropriate disciplinary action. There are many signs that may indicate aproblem with alcohol that should trigger a referral to the EAP. Whenperformance and conduct problems are coupled with any number of these signs, itis time to make a referral to the EAP for screening so that the employee canget help if it is needed.

(1)Leave and attendance: Unexplained or unauthorized absencefrom work; frequent tardiness; excessive use of sick leave; patterns of absencesuch as the day after payday or frequent Monday or Friday absences; frequentunplanned absences due to “emergencies.” If an evidentiary alcohol test is notavailable, the supervisor will then privately counsel the employee and statethat they believe the employee is somehow impaired and believes that theemployee is incapable of performing their duties for the rest of the day.

(2)Performance problem: Missed deadlines; careless or sloppywork or incomplete assignments; production quotas not met; many excuses forincomplete assignments or missed deadlines; faulty analysis.

(3)Relationships at work: Relationships with co-workers maybecome strained; the employee may be belligerent, argumentative, orshort-tempered, especially mornings or after weekends or holidays; the employeemay become a loner.

(4)Behavior at work: The smell of alcohol; staggering orunsteady gait; bloodshot eyes; mood and behavior changes such as excessivelaughter and inappropriate loud talk; excessive use of mouthwash or breathmints; avoidance of supervisory contact, especially after lunch; tremors;sleeping on duty. Employees who provide direct services to Soldiers, othercivilian corps members, or the public should never smell of alcohol on duty.

c. The supervisor should immediatelycontact an employee relations specialist in servicing CPAC for advice andassistance when dealing with an employee who is apparently under the influenceor intoxicated at work. He or she should also contact their servicing legaloffice. The following is a list of steps a supervisor should take in dealingwith the employee. Not all these steps will be appropriate in all situations, butmost will be applicable.

(1)If employee is performing, or required to perform,safety-sensitive duties such as driving vehicles, using heavyequipment, workingaround explosives or weaponry, or performing patient care activities, he or shemust be restricted from performing these duties.

(2)If the employee is willing, they may be referred to the healthunit for assessment. Health unit personnel may beable to conduct a voluntaryalcohol test, most likely with an evidentiary breath testing device, commonlyreferred to as a breathalyzer. Unless the employee is in a job with specificmedical or physical requirements, a supervisor cannot order the employee toundergo any type of medical examination. Examples of the types of jobs that mayhave specific medical requirements include: police, firefighters, certainvehicle operators, air traffic controllers, and various direct patient-carpersonnel. In cases involving these categories of employees, the supervisorshould immediately contact their servicing CPAC and legal office for guidanceon how to proceed.

(3)The EAPC should be informed of the situation immediately and thesupervisor should refer the employee to theEAP after the employee returns toduty.

(4)Due to potential safety and liability concerns, it is importantto consult with the servicing CPAC and legal office.The supervisor shouldremove the employee from the immediate worksite. This may involve assisting theemployee to their place of residence, a medical facility, or some other safelocation. The employee should not be sent home alone or allowed to drive. Itwould be appropriate to contact a Family member or friend to take the employeehome. Public transportation is also an option. An employee who is physicallyresisting should be dealt with by agency security or local police.

(5)Immediately and accurately document what has transpired. Recordall the events that led to spending theemployee home, especially if anydisciplinary action is necessary. It is important to work with EAP and employeerelations staff and keep them fully informed. The quality of the informationthey receive from the supervisor impacts the level of advice service they canprovide.

3–11.Prohibited conduct (Department of Transportation rules/prohibitions) andconsequences

a.The DOT rules at 49 CFR Part 382 apply to all DA employees intransportation who drive commercial motor vehicles in commerce in any state andwho are subject to the commercial driver’s license requirements of 49 CFR Part383 (commercial driver’s license standards; requirements and penalties).

b.Performance of DOT safety-sensitive functions is prohibitedwhen the driver:

(1) Usedalcohol while on duty.

(2) Has analcohol concentration of 0.04 percent or greater as indicated by an alcoholbreath test.

(a)Additionally, drivers who have an alcohol concentration of0.02 percent or greater but less than 0.04 percent on a confirmation test isconsidered not fit for duty and cannot return to duty until 24 hours after theconfirmation test. (A return-to-duty test is not required.)

(b)If a driver’s behavior or appearance suggests alcohol misuseand a breath test cannot be conducted, the driver must be removed immediatelyfrom performing safety-sensitive duties for at least 24 hours. (Areturn-to-duty test is not required.)

(3) Possessesalcohol, unless the alcohol is manifested and transported as part of ashipment.

(4) Usedalcohol within 4 hours of performing safety-sensitive duties.

(5) Refusesto submit to an alcohol or drug test. (Pre-employment drug and alcohol testswill only be required forapplicants to whom contingent offer of employment havebeen made.)

(6) Testedpositive for a controlled substance, except when the use is prescribed by aphysician who has advised thedriver that their ability to safely operate avehicle would not be adversely affected.

3–12.Categories of alcohol testing and required procedures for employees who aresubject to

Departmentof Transportation rules (49 CFR Part 382, Subpart C)

a. To deterdrivers from misusing alcohol, the DOT requires employers to implement fivecategories of alcohol testing. (Civilian employees tested under DOT rules arenot required to take a pre-employment alcohol test, but only a drug test.)

b.At the workplace/installation, effective implementation ofDOT alcohol testing requires the involvement of the supervisor, the ADCO, theEAPC, the DTC, the DOT-qualified collector, the DOT-qualified screening testtechnician (STT), the DOT-qualified breath alcohol technician (BAT), theinstallation SAP and the servicing CPAC. Installations must maintain the meansto perform an evidentiary alcohol breath or saliva test.

c. TheDOT categories of alcohol testing are as follows:

(1) Reasonable suspicion alcoholtesting. The supervisor who has been trained according to DOT rules willinitiate testing when there is reasonable suspicion that a driver has violateda DOT prohibition (for example, misused alcohol); mere hunches or rumors arenot sufficient to initiate testing. Reasonable suspicion must be based onspecific, contemporaneous, articulable observations concerning the appearance,behavior, speech or body odors of the driver. A properly trained supervisormust determine that there is reasonable suspicion before testing. A trainedsupervisor is one who has received at least 60 minutes of training on alcoholmisuse which covers the physical, behavioral, speech, and performanceindicators of probable alcohol misuse. The alcohol test is authorized only ifthe observations required above are made during, just preceding, or just afterthe period of the work day that the driver is required to performsafety-sensitive functions. Supervisors will document their determination andconsult with the next higher level supervisor and the servicing CPAC beforedirecting the test. The supervisor will notify the ADCO immediately and arrangefor the test, which will be conducted promptly. If a test is not administeredwithin 2 hours of the time the determination to conduct the test is made, thesupervisor will document the reasons for the delay. If the test is notadministered within 8 hours following determination, the supervisor will ceaseall attempts to test and will state the reasons for not administering the test.Notwithstanding the absence of a reasonable suspicion alcohol test under thissection, no driver will report for duty or remain on duty performingsafety-sensitive functions while the driver is under the influence of orimpaired by alcohol, as shown by the behavioral, speech, and performanceindicators of alcohol misuse; nor will a supervisor permit the driver toperform safety-sensitive functions until:

(a)An alcohol test is administered and the employee’s alcoholconcentration measures less than 0.02 percent; or

(b)24 hours have elapsed following the determination that thereis reasonable suspicion to believe that the driver has violated the conductprohibitions concerning the use of alcohol. With the exception above, nosupervisor shall take any action against a driver based solely on the driver’sbehavior and appearance with respect to alcohol use in the absence of anappropriate test.

(2) Accident or unsafe practicepost-accident testing. Accident tests should be conducted as soon aspracticable following a qualifying accident involving a commercial motorvehicle. “Qualifying accidents” are any accidents in which: loss of human life;bodily injury to any person who, as result of the injury, immediately receivedmedical treatment away from the scene of the accident; one or more motorvehicles incurs disabling damage as a result of the accident, requiring themotor vehicle to be transported away from the scene by a tow truck or othermotor vehicle; or a driver who receives a citation within 8 hours of theaccident under state or local law for a moving traffic violation arising fromthe accident.

(a)If the alcohol test is not administered within 2 hoursfollowing the accident, the supervisor will record the reasons the test was notadministered promptly. If the test is not administered within 8 hours followingthe accident, the supervisor shall cease attempts to administer an alcohol testand shall prepare and maintain the same recorded. The employee is prohibitedfrom using alcohol within 8 hours of an accident.

(b)A driver who is subject to accident testing shall remainreadily available for such testing or the driver may be deemed to have refused tosubmit to testing.

(c)Nothing in this section shall be construed to require thedelay of necessary medical attention for injured people, or for the driver fromleaving the scene of an accident for the period necessary to obtain assistanceor medical treatment.

(d)The supervisor shall provide drivers with necessary“post-accident” information, procedures, and instructions prior to driveroperating a commercial motor vehicle, so those drivers can comply with theserequirements.

(e)The results of a breath or blood test conducted by Federal,state, or local officials having independent authority for the test shall beconsidered to meet the requirements of this section, provided such testsconform to applicable requirements and that the results are obtained by theemployer.

(f)Used alcohol within 8 hours after an accident or until tested

(3)Return-to-duty alcohol testing. Before the driver canresume performing safety-sensitive duties after having engaged in conductprohibited by the applicable law and regulation, the driver must undergo areturn-to-duty alcohol test and show an alcohol concentration less than 0.02percent. This test cannot occur until after the SAP has determined that theemployee has successfully complied with prescribed education and/or treatment.

(4)Follow-up testing. After enrolling in a substance abuserehabilitation program or successfully completing a substance abuserehabilitation program and returning to duty, a driver is subject tounannounced follow-up testing for at least 12 but not more than 60 months. TheSAP determines the number and frequency of the follow-up testing (a minimum of6 in a 12 month period after the employee’s return to safety-sensitive duties),and the employer/supervisor selects the dates for follow-up testing.

(a) Follow-up testing is separatefrom and in addition to the regular random testing program. Drivers subject tofollow-up testing will remain in the random testing pool and will be testedwhenever selected for random testing. (b) The supervisor will meet withthe driver and obtain written acknowledgment that the driver is aware of therequirement for follow-up testing.

(5) Random testing. Random testingshall use a scientifically valid system for randomly selecting employees to betested. Random testing will be imposed without suspicion that a particularindividual is using illegal drugs or misusing alcohol. Each driver will have anequal chance of being tested each time selections are made.

(a)Frequency of random testing. DOT regulated personnel willrandomly tested for alcohol at a minimum rate of 10 percent of the number ofDOT regulated positions in the organization. Each year, the Federal MotorCarrier Safety Administration will publish in the Federal Register the minimumannual percentage rate for alcohol and other drug testing of drivers. Thetesting will be conducted monthly and distributed evenly throughout the year. Adriver selected for testing may undergo both alcohol and illicit drug andalcohol testing; however, alcohol testing may only be conducted on civilianemployees who are performing safety sensitive functions, or immediately beforeor after ceasing to perform such functions. Employees will report to thetesting facility within 2 hours of having been notified.

(b) Identification.

1.The DMO will prepare a memo for the installation commander’ssignature tasking all directorates to identify all installation civilian driverpositions which meet the applicability criteria provided in paragraph 5–24 ofthis regulation. Management will ensure that the position descriptions for theidentified DOT safety-sensitive positions clearly document theirsafety-sensitive functions.

2.The DMO, with the assistance of management, will establishand maintain an updated DOT driver roster, which identifies the incumbents inthose positions and will provide a copy to the DTC or designee. The DOT driverrosters may be in any format, but will contain at a minimum the position titleand number; the name, and work telephone of incumbent; the name and worktelephone of first line supervisor, and date supervisor was trained regardingthe DOT Testing Program.

3.Management will manage the issuance of the 30-day individualnotices to incumbents of DOT safety sensitive positions and the requirement forDA Form 7412.

(c) Notification.

1. The DMO (or other individual asdesignated by the DMO) will randomly select the drivers to be alcohol tested.The DMO, or designee, will then notify the first level supervisors of thoseselected drivers. The DMO’s notification will include the instructions that thesupervisor will tell the selected drivers that they must report to the testingsite immediately, but no later than 2 hours after notification. If the firstlevel supervisor is unavailable, the next higher level supervisor will be contacted.The DMO or designee should record the names of drivers selected, name ofsupervisor(s) and times notified, and time scheduled for specimen collection inan MFR. A driver will only be tested for alcohol while the driver is performingsafety-sensitive functions, just before or just after ceasing to perform suchfunctions. 2. The supervisor will privately explain to the driver thatthey are under no suspicion of consuming alcohol, that the employee’s name wasselected randomly, and that the employee is to report promptly to the testingfacility with photo ID. Supervisors should record the names of individualsadvised to report for alcohol testing, time notified, and time when employeeswere advised to report for random testing in an MFR.

3. Supervisors of drivers who workshift duty or are assigned special duty hours (for example, not the normal dayshift of 0800–1700 hours) will advise the DMO, who will develop a plan fortesting these employees.

(d)Not available to test. Supervisors will notify the DMOor designee promptly when the drivers selected for random testing are notavailable due to leave or travel status. The supervisor will record why thedriver was not available. Supervisors should not approve leave once a driverhas been selected for a random test. The DMO or designee will reschedule theemployee for an unannounced test within the next 60 days.

(e) Failureto appear or provide an alcohol specimen.

1.The DMO or designee will notify the supervisor when a driverrefuses to provide a specimen or fails to report to the designated collectionsite within the designated time. The DMO or designee will document the failureto appear for testing, or refusal to provide a specimen, and provide a copy tothe employee’s first line supervisor.

2.The supervisor will notify the higher level supervisor andthe servicing CPAC.

(f) Evenly distributed. The DMO ordesignee will ensure that random testing is evenly distributed throughout theyear (approximately 8 - 10 percent of the testing pool per month).

d. Effective deterrence requires a random selectionprocess which ensures that all employees subject to random

testing believe that they may be required to provide a breathspecimen any day they report to work.

3–13. Alcoholspecimen collections for employees tested under Department of Transportationrules a. The installation/garrison commander will designatean IBAT to conduct all DOT-regulated alcohol tests. If the installation doesnot have the personnel or equipment to conduct DOT-regulated alcohol tests, theinstallation/garrison commander will coordinate or contract with an agency inthe local area to conduct the tests.

b.The designated BAT/STT or contractor at each installationthat employs personnel who are tested under DOT alcohol testing rules will betrained to proficiency in the operation of the breath testing devices, and willbe able to provide documentation that they have met all the collectionrequirements prescribed by DOT alcohol and other testing rules and proceduresidentified in 49 CFR Part 40, Subpart J.

c.The BAT/STT will follow all alcohol testing proceduresprovided in 49 CFR Part 40 and use only the Form DOT F 1380 (U.S. Department ofTransportation (DOT) Alcohol Testing Form). The Form DOT F 1380 must bethree-part carbonless manifold form, and may be viewed at http://ww.dot.gov.The Form DOT F 1380 may not be modified or revised, except as permitted in 49CFR Part 40.225.

d.The BAT/STT will notify the employee’s supervisor immediatelyof all breath test results, of any refusal by drivers to participate in testingor to sign necessary forms, or in the event of a subject’s inability to providean adequate amount of breath. Notifications will be fully documented andmaintained by the BAT/STT.

e.When the results require the driver be removed fromperforming safety-sensitive functions, the BAT/STT will contact theindividual’s supervisor immediately to confirm the test results, to adviseabout the requirement to remove an employee from performing safety-sensitivefunctions, and to request that the supervisor arrange for transportation of thedriver back to the work site, as the driver will not be allowed to operate avehicle. Additionally, the BAT/STT will advise the supervisor to notify theCPAC and to obtain additional guidance concerning the employee’s removal fromsafety-sensitive functions. The BAT/STT will document the discussion andprovide a copy of the record along with employer’s copy of the Form DOT F 1380to the driver’s supervisor and the ADCO.

(1)Drivers whose confirmation test is at least 0.02 percent but lessthan 0.04 percent must be removed for aminimum of 24 hours.

(2)Drivers whose confirmation test are 0.04 percent or greatercannot perform safety-sensitive functions until thedriver is evaluated by aninstallation SAP.

(3)When the test results require an SAP evaluation, the EAPC willcoordinate the evaluation with the driver, thesupervisor, and the installationSAP.

(4)Records will be disclosed and maintained according to 49 CFR40.321 through 40.333.

3–14.Installation substance abuse professional evaluation of employees tested underDepartment of

Transportationrules

a.The installation SAP evaluation provides a comprehensiveface-to-face assessment and evaluation to determine if the employee/driverneeds assistance resolving problems associated with alcohol use or prohibiteddrug use. If the employee is determined to need assistance as a result of thisevaluation, the installation SAP will recommend a course of treatment withwhich the employee must demonstrate successful compliance prior to returning toDOT safetysensitive functions.

b.The SAP must be a licensed physician, or a licensed orcertified psychologist, licensed or certified social worker, or licensed andcertified addiction counselor with experience in the diagnosis and treatment ofalcohol and controlled substance-related disorders and certified in accordancewith DOT SAP Guidelines.

(1)Evaluation, referral, and follow-up evaluation and testing arethe basic SAP responsibilities. The specific dutiesand responsibilities of theSAP are in DOT SAP Procedures Guidelines for Transportation Workplace Drug andAlcohol Testing Programs.

(2)Commanders of MEDDAC/MEDCENs will designate a qualified SAP toconduct required counseling evaluations at the installation.

(3)When a SAP evaluation is required, the installation EAPC willcoordinate the evaluation with the driver, thesupervisor, and the SAP.Additionally, the EAPC may function as the supervisor’s primary point ofcontact. In consultation with the SAP (provided the employee has signed thecivilian employee consent statement), the EAPC may inform the supervisors ofthe ongoing status of the driver’s rehabilitation or treatment.

Chapter4 Military Personnel Drug-Testing Program

4–1.General

a.Drug abuse is inconsistent with Army values and readiness.The Army’s drug testing policy is dependent on an aggressive and thoroughurinalysis program requiring the honest participation of all Soldiers selectedfor testing, observers, and UPLs. It is imperative that those selected fortesting provide a specimen in a controlled and secure environment. Therefore,Soldiers will not avoid providing a urine specimen when ordered; dilute a urinespecimen to reduce quantitative value of that specimen possibledrug metabolites of the urine specimen;substitute any substance for their own urine, chemically alter, adulterate, ormodify their own urine; or assist another Soldier in doing any of these actions.Penalties for violations of these prohibitions include the full range ofstatutory and regulatory sanctions, both criminal (UCMJ) and administrative.

b.The objectives of Army’s DTP are to—

(1) DeterSoldiers from abusing drugs (including illegal drugs, other illicit substances,and prescribed medication).

(2) Facilitateearly detection of drug abuse.

(3)Enable commanders to assess the security, military fitness, goodorder and discipline of their units, and to useinformation obtained to takeappropriate disciplinary or other administrative actions, including referral tothe ASAP counseling center for evaluation and possible rehabilitation.

(4) Monitorrehabilitation of those enrolled in alcohol and/or other drug abuserehabilitation.

(5) Collectdata on the prevalence of drug abuse within the Army.

4–2.Policy

a.Unpredictability is a determining factor deterring Soldiersfrom using drugs. "smart testing" is random testing conducted in sucha manner that it is unpredictable by the testing population. This randomnessmust extend beyond random selection of Soldiers; it must include randomness offrequency (how often the commander tests) and periodicity (when during themonth/week/day the commander tests).

b.The Army DTP is a battalion commander’s program normallyexecuted at the company level. For purposes of this regulation,"battalion" refers to units organized in a traditional battalionstructure or battalion equivalent organizations. The battalion-level commandermust approve the company commander’s program, ensuring that it meets theelements delineated in paragraph 4–3, below. Specifically, the battalion-levelcommander should ensure that the program is conducted in a truly random mannerto avoid predictability by the tested population. This approval may notdelegated.

c.Company commanders will develop a completely random DTP withguidance from and approval by the battalionlevel commander. For companies thatare not assigned or attached to a battalion, the company commander will performthe duties of the battalion commander described in this chapter, if the brigadeor higher commander the company is assigned to does not choose to withholdthese duties from him/herself.

d.When mission and organizational structure allows, the randomDTP should be managed at the battalion level, with the battalion-levelcommander, or their designated representative randomly selecting and testing4–5 percent of the battalion strength weekly, detailing different companies toconduct the collection each week. Using this method, Soldiers are deterred fromusing drugs because they know that they have the possibility of being selectedany day of any week.

e.In addition to random testing, battalion commanders shouldconduct periodic unit sweeps. The most effective programs use inspection unit(IU) testing in addition to and supplementary to a good random DTP. IU testingwill not be used as a means of testing a Soldier the commander suspects ofabusing drugs but does not have sufficient PO to conduct a PO collection. Thebattalion commander should ensure that the number of specimens collected underthe IU test basis is no more than 75 percent of the number of inspection random(IR) specimens submitted for testing annually.

f.In areas where Soldiers receive hostile fire pay, localbrigade, or higher commanders will determine the required

periodic testing rate (see para4–7 for details of testing while deployed).

g.The most important elements of the Army’s DTP are that it isconducted completely randomly and that it is executed consistently. The testbases available for commanders to conduct drug testing is identified inparagraph 4–5. 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 drugtesting history, the program must be applied to all Soldiers consistently.

h.Even though a Soldier has tested positive on previous drugtests or is pending separation for drug test failures,

these are not valid reasons toexempt any Soldier from continued testing.

i.Commanders should not stop random testing or PO testing onany Soldier. Soldiers should only be exempted from drug testing when they aretruly not available to provide a specimen (leave, temporary duty, and soforth); however, the tenets of paragraph 4–11c must be implemented inthese cases. Installation ASAP staffs do not have the authority to direct orrecommend that commanders discontinue testing Soldiers who continue to testpositive on drug tests, regardless of the test basis. Neither commanders norASAP staffs will discontinue unit sweeps, random tests, command-directed tests,or rehabilitation tests just because Soldiers continue to test positive underthese test bases.

j.All military urine specimen collections will be conducted inaccordance with procedures set forth in appendix E of

this regulation.

(Video) Army substance abuse program.

k.Field testing of urine specimens is unauthorized; all urinespecimens will be forwarded to the supporting FTDTL

for testing.

l.Soldiers who test positive for illicit drugs for the firsttime will be evaluated for dependency, disciplined, as appropriate, andprocessed for separation within 30 calendar days of the company commanderreceiving notification of the positive result from the ASAP inaccordance with paragraph 10–6 of this regulation (the proceduresin para 10–9a(1) of this regulation may also apply.) If the positivedrug report is for a MRO-reviewable drug, all adverse administrative and legalactions will be suspended pending MRO determination that the use was not forlegitimate medical purposes. All separation actions will be forwarded to theseparation authority, who will make the final determination on separating theSoldier in accordance with AR 635–200. Retention should be reserved forSoldiers that show clear potential for both excellent future service to theArmy and for remaining free from substance abuse. Soldiers diagnosed as drugdependent will be offered rehabilitation prior to separation.

m.If a Soldier tests positive for illicit drugs, is subsequentlyretained by the separation authority, then tests positive again, the Soldierchain of command will initiate administrative separation and forward the caseto the first general officer in the of command for decision as to thedisposition of the action. This disposition decision authority may not bedelegated. If a Soldier tests positive for illicit drugs and issubsequently retained by the separation authority and then tests positiveagain, the Soldier’s chain of command will initiate administrative separationin accordance with paragraph 10-6 of this regulation.

n.Article 112a, UCMJ; specifically prohibits the unlawful useof the following substances: opium, heroin, cocaine, amphetamine, lysergic aciddiethylamide (LSD), methamphetamine, phencyclidine, barbituric acid, marijuana,and any compound or derivative of any such substance.

o.Article 112a, UCMJ, also prohibits the unlawful use of anyother substance prescribed by the President or listed

in Schedules I through V ofSection 202 of the Controlled Substances Act (21 USC 812).

p.In addition, this regulation prohibits Soldiers from usingHemp or products containing Hemp oil. It also prohibits using the followingsubstances for the purpose of inducing excitement, intoxication, orstupefaction of the central nervous system. This provision is not intended toprohibit the otherwise lawful use of alcoholic beverages.

( 1 ) C o n t r o l l e d s u b s t a n c e a n a l o g u es ( d e s i g n e r d r u g s ) s u c h a s s y n t h e t i c ca n n a b i s a n d o t h e r T H C s u b s t i t u t e s

("Spice"),derivatives of 2-aminopropanal (“Bath Salts”), synthetic cocaine (“RTI-126”),or any other substance similarly designed to mimic the effects of a controlledsubstance on the human body without an approved medical use in the UnitedStates.

(2) Chemicals,propellants, or inhalants (huffing).

(3) Dietarysupplements that are banned by the United States Food and Drug Administration.

(4) Prescription orover-the-counter drugs and medications (when used in a manner contrary to theirintendedmedical purpose or in excess of the prescribed dosage).

(5) Naturallyoccurring substances (to include but not limited to Salvia Divinorum, JimsonWeed, and so forth).

q.Violations of paragraph 4–2p may subject offenders topunishment under the UCMJ and/or administrative action. Paragraph 4–2p isnot intended to prohibit the otherwise lawful use of alcoholic beverages ortobacco products. If a commander has any question regarding whether a substanceor its use is prohibited by this provision, they should contact the servicingjudge advocate before initiating any adverse action.

r.All Soldiers assigned to a Joint Service command willparticipate in the Joint Service command’s urinalysis program unless specificauthorization is granted by the Director, ASAP to establish and maintain aseparate urinalysis program.

s.Neither a UPL nor an observer shall be involved withprocessing their own urinalysis specimen.

t.Commanders jeopardize the integrity and effectiveness oftheir urinalysis programs when they do not employ effective direct observationof urine collection. In all cases, observers will be briefed on and provided ademonstration of their duties before they perform them. Observers will alsosign a Urinalysis Observation Briefing Memorandum that outlines those dutiesand the failing to perform their duties as an observer could subject them toprosecution under the UCMJ and/or adverse administrative action. Commanders shoulduse senior NCOs or officers in the chain of command as observers wheneverpossible to reinforce command support for the program

u.The use of Peyote Cactus as a religious sacrament inconnection with the bona fide practice of a traditional religion by Soldierswho are members of Native American tribes recognized by the Federal Governmentshall be accommodated (see AR 600–20, para 5–6 for procedures). Reasonablelimitations on use, possession, transportation, and distribution of peyoteshall be imposed in accordance with the American Indian Religious Freedom ActAmendments of 1994 to promote readiness, safety, to comply with internationallaw, and the ensure unit morale and discipline.

v.The Director, ASAP may institute, at any time, an allocationsystem to control the amount and frequency of

urinalyses conducted.

w.When a Soldier is selected for a random urinalysis, but isnot present for duty, their commander will collect a urinalysis specimen fromthe Soldier upon their return or during the next random urinalysis test afterthe Soldier’s return. Commanders should promulgate their own unit policy toprescribe procedures to implement this requirement and that in paragraph4–2u, below, should ensure that this policy is reviewed by their legaladvisor.

x.If a Soldier’s urinalysis specimen is not tested and isdestroyed because the specimen of accompanying forms or DD Form2624 (Specimen Custody Document-Drug Testing) were not forensicallycorrect or the FTDTL determined it to be untestable due to adulteration, the commanderwill retest the Soldier as soon as practical.

4–3.Hallmarks of a good unit Drug-Testing Program

A good unit DTP will—

a. Employa truly random DTP, varying frequency (how many times per month/week) andperiodicity (day(s) of the

week, time of day, week(s) of themonth) of random testing.

b. Submitat least 95 percent of its urinalysis specimens to the FTDTL using the DOD DTP toprepare all required

documents (DD Forms2624, bottle labels, and urinalysis unit ledgers).

c. Smarttesting techniques—

(1) Soldiers who abuse drugs will do almostanything to avoid being caught. A Soldier who knows when the urinalysis will beconducted may attempt to substitute another fluid for his or her specimen orcontaminate his or her specimen so that it is untestable. Any testing techniqueused must be consistent with the requirements of a valid health

and welfare inspection. The keysto obtaining a good urinalysis specimen are to— (a) Prevent Soldiersfrom knowing when they will be tested until just before the test.

(b) Maintaincontrol of them until they provide their specimens.

(c) Ensurethe observers perform their duties correctly.

(2) Soldiers will have no more than 2 hoursto report to the testing site from the time they are notified. Once a Soldieris in the testing site holding area, only the commander who ordered the testmay authorize the Soldier to leave before providing his or her specimen. If thecommander allows the Soldier to leave the holding area, he or she shouldprovide an NCO or officer escort for the tested Soldier while he or she is awayfrom the holding area. (3) Some examples of smart testing techniques include— (a)Maintain a completely random testing program.

(b) Back-to-backtesting (for example, Friday/Monday).

(c) Weekend/Holidaytesting.

(d) Duringfield exercises.

(e) Atthe end of the duty day.

(f) Duringafternoon physical training.

(4) Some examples of poor urinalysis collectiontechniques include— (a) Conduct routine monthly testing.

(b) Alwaystesting on Mondays.

(c) Asking forvolunteers.

(d) Listing thetest on the training schedule.

(e) Announcingthe next day’s test at the end of the duty day or by e-mail.

(f) CallingSoldiers in for an alert but telling them it’s for a urinalysis.

(g) Callingattention to future drug testing by conspicuously handling urinalysis suppliesor preparing required forms.

(h) Stoppingcollections before every Soldier selected has provided a specimen.

(i) Printingout testing documents and labels on shared printers.

d. Haveat least 2 UPLs on appointment orders signed by the commander and certified inaccordance with the ACSAP UPL CTP.

e. Havepassed a unit-level inspection, using the ACSAP checklist or similar standard,by a higher unit or the ASAP

staff each fiscal year.

f. Havea unit-level substance abuse program SOP signed by the commander.

g. Collectrandom urinalysis specimens from 4 percent of the unit each week when notdeployed.

h. Havecommand team presence during most urinalysis collections.

i. Useofficers and senior NCOs as observers during urinalysis collections whenpossible to reinforce command

support for the program.

j. Conducttesting in a manner that is unpredictable to the Soldiers in the unit.

k. Emphasizeto observers the crucial importance of performing their duties exactly asspecified in paragraph 4–9 of

this regulation.

l. Testevery Soldier selected. Do not excuse a Soldier before they provide a completeand acceptable urine

specimen.

m. Takeevery step to prevent Soldiers from learning that a urinalysis test will beconducted until the selected Soldiers are notified to report to the testingsite.

4–4.Drugs for which testing is conducted

The FTDTLs will test urinalysis specimens for the drugslisted in DODI 1010.16 or the most recent DOD Policy Memorandum, whichever ismore current. If a commander wishes to test for a drug not specified by theDOD, they will coordinate with the ASAP staff, and request this test in amemorandum to the commander of the supporting FTDTL. If the lab is unable totest for this drug, the specimen and request will be sent to the Armed ForcesInstitute of Pathology (AFIP) for testing after coordinating with ACSAP andArmed Forces Medical Examiner System.

4–5.Purposes for conducting drug testing

In accordance with DODI 1010.1,there are nine purposes for ordering urinalysis testing of Soldiers. Commandersshould consult with their legal advisor, ADCO, or DTC when unsure of which testbasis code to use for testing. The test bases (with DTP test codes inparentheses) are—

a. Inspection. An inspection is anexamination of a unit, or part thereof, conducted as a function of command, theprimary purpose of which is to ensure the security, military fitness, and goodorder and discipline of the unit, and is conducted pursuant to MRE 313.Inspection testing is imposed without individualized suspicion that aparticular individual is using illicit drugs.

(1)Inspection random (IR). Random drug testing is ascientifically valid system of selecting a portion of a command for testingwithout individualized suspicion that a particular individual is using illicitdrugs. Each Soldier will have an equal chance of being selected for drug testingeach time this type of inspection is conducted.

(2)Inspection other (IO). This is a valid inspection undercircumstances specified by a commander’s policy memorandum. Some examplesinclude testing Soldiers who were selected but unavailable for testing during arecent random inspection or who are returning from absent without leave (AWOL)or certain leaves, passes, or temporary duty. When a commander tests a Soldierunder the mandatory annual requirement specified in paragraph 4–8 of thisregulation because the Soldier has not been previously selected under random IRtesting, the commander will use the IO test code.

(3)Inspection unit (unit sweep) (IU). This method is used totest an entire unit or command or readily identifiable sub-unit or segment of acommand, such as a platoon or staff section. Unit sweeps are an effective toolfor the commander, but should not be conducted routinely. Commanders shall notuse a unit sweep to target an individual Soldier or small group of Soldiersthey suspect of using drugs; testing under these circumstances should be basedon PO.

b.Search or seizure/probable cause (PO). This mayinclude searches based on PO (in accordance with MRE 312(d) and 315). It isordered to collect evidence when there is PO to believe a Soldier possesses anillicit drug within their body.

c.Competence for duty (CO). During evaluation of aSoldier, the appropriate command authority may direct urinalysis to determinethe Soldier’s CO or need for counseling, rehabilitation, or medical treatmentwhen there is reason to question the Soldier’s CO based on aberrant, bizarre,or uncharacteristic behavior, breaches of discipline, and other similarbehavior. This test may be based on less than PO.

d.Rehabilitation (RO). Production of a specimen isrequired as a part of the alcohol or other drug rehabilitation program. Therehabilitation team will determine the frequency, which will then be includedin the rehabilitation plan.

e.Mishap or safety inspection (AO). A specimen may becollected for drug testing from personnel contributing to any Class A, B or Caviation accident or when deemed appropriate by a commander or physician.Specimens which are collected in compliance with MRE (for example, inspectionby command policy, search, seizure, or consent) may be used for any lawfulpurpose. However, specimens may also be collected for mishap investigatorypurposes only and may not satisfy the requirements of the MRE for admissibilityin a court-martial. If specimens do not satisfy the standards of admissibility,these tests will be protected by the Limited Use Policy.

f.Consent (VO). A command representative, who suspects aSoldier of having unlawfully used drugs, may request that the Soldier consentto urinalysis after advising the Soldier that he or she may decline to provide thespecimen. Where practical, the command representative should obtain the consentin writing, but this is not required. Article 31(b) UCMJ warnings are notnormally required in such cases provided no other questioning of the Soldiertakes place. Further guidance is contained in MRE 314(e).

g.Medical examination (MO). A specimen may be requiredduring any examination for a valid medical purpose (for example, emergencytreatment, periodic physical examinations, and other MOs as are necessary fordiagnostic or treatment purposes in accordance with MRE 312).

h.New entrant (NO). Testing of personnel as part of anapplication for entry to the Army in accordance with DODI 1010.1.

i.Other (OO). An inspection directed by HQDA or foranother authorized purpose.

4–6.Drug testing in the reserve components

a.Army National Guardsmen and Army Reservists on AD for 30 daysor longer are subject to every provision of this regulation. Army NationalGuardsmen and Army Reservists on AD for less than 30 days are subject to everyprovision of this regulation with the modifications specified in chapters 15and 16, respectively. Nothing in this provision is intended to limit theauthority of the command to take punitive or adverse administrative actionagainst a Soldier who tests positive for drugs before serving 30 days on AD.

b.The scheduled date of release to inactive duty shall notpreclude reservists on extended AD from receiving appropriate rehabilitationwhile on AD. The date of release to inactive duty may be extended to completeappropriate rehabilitation, if necessary. Any aftercare would then be completedwhile the Soldier was on inactive duty and would be monitored by the USAR orARNG chain of command.

c.Army Reservists and Army National Guardsmen on inactive dutyfor training (IADT) may be referred for ADAPT, but the training should be in anonpay, additional IADT status. If an Army Reservist or Army National Guardsmanon IADT is diagnosed as an alcohol abuser and rehabilitation at a militaryfacility is not available, the command should counsel the Soldier to seekappropriate rehabilitation through available civilian resources.

d.An Army Reservist or Army National Guardsman, who is allegedto have committed a drug-related offense while on AD or IADT may be subject tononjudicial punishment or courts-martial jurisdiction following the offense iftheir duty status changes. However, the existence of such jurisdiction willdepend on the facts of each individual case.

e.An Army Reservist or Army National Guardsman in an IADTstatus involved in a confirmed drug-related incident, including a conviction incivilian court, is subject to administrative action and/or processing forseparation, as appropriate, even though disciplinary action may not bepossible. Inactive duty Soldiers may be processed for an Other Than Honorabledischarge for drug abuse established through urinalysis conducted during IADT.

4–7.Deployed drug testing

a.Commanders will maintain their substance abuse programs tothe maximum extent practical while deployed. Soldiers under the influence ofdrugs are a danger to themselves, their fellow Soldiers, missionaccomplishment, and the civilian populace. A leader’s responsibility to deterdrug use and identify drug abusers does not stop during deployments. On thecontrary, given the nature of operations and the presence of live ammunition,explosives, and hostile forces, the impact of ignoring this responsibility isserious and irreversible.

b.In areas where Soldiers receive hostile fire pay, O-6 levelor higher commanders can authorize temporary suspension or reduction of randomdrug testing for specific subordinate elements based on METT–TC and/or safetyand security issues.

c.Commanders will not endanger Soldiers’ safety and security inhostile fire areas solely to conduct drug testing. When necessary in theseareas, battalion commanders may delegate management and execution of the DTP tocompany commanders.

d.All company and larger units will mobilize and deploy with atleast two trained UPLs and enough drug testing supplies to test 100 percent oftheir assigned strength throughout the deployment cycle support for all testbases (that is random, unit sweep, command directed). Unitssmaller than company strength will receive drug testing support from the nexthigher unit in the chain of command.

e.The BACs are assigned for selected deployment areas byspecial instructions. The senior commander for each deployed unit that isassigned a BAC will appoint a BACM to manage the ASAP for the command andmaintain liaison with higher commands and the ASAP. The BACM will—

(1) Retrieveurinalysis test results for the command on a regular basis from the designatedFTDTL Web portal, andforward the results via a secure means to unit commandersand MROs, as appropriate.

(2) Coordinate withthe command’s MRO to obtain their review of those results that could be theresult of alegitimate prescription. The BACM will forward the MRO’s decision tothe unit commander and enter it in DAMIS. The BACMs in deployed areaswill provide illicit positive results to their supporting CID office intheater. Positive urinalysis results on rehabilitation tests will not bereleased to CID/MP. Positive urinalysis results that require a MRO evaluationwill only be released to CID/MP if the MRO determines the results to beillegitimate use. Results determined to be legitimate medical use will not bereleased.

(3) Ensure thatsubordinate units have sufficient drug testing supplies to conduct testing.

(4) Monitor drugtesting rates, trends, specimen discrepancy rates, and MRO delinquency rates.

(5) Providereports, as requested.

(6) Monitor UPLcertification.

(7) Maintain ASAPfiles in accordance with AR 25–400–2.

f. The MTF commanders in deployed areas that havebeen assigned a BAC will—

(1)Appoint in writing enough MROs to review presumptive positivedrug test results for the drugs determined byUSAMEDCOM as requiring a medicalreview.

(2)Coordinate with USAMEDCOM for MRO training and certification forappointed MROs if they are not certifiedto perform the duties.

(3)Monitor MRO workloads and coordinate MRO-related issues withcommanders and the BACMs.

g.All mobilized ARNG and USAR units, company size and largerwill arrive at their mobilization stations mobilize and deploy withat least two trained UPLs and enough drug testing supplies to test 100 percentof their assigned strength throughout the deployment support cycle forall test bases (random, unit sweep, command directed). From theday of mobilization to the day of deployment, mobilized units will use the BACof their mobilization station. After deploying, these units will use the BAC ofthe command to which they are attached. Mobilization stations will train UPLsas necessary before deployment. Units smaller than companystrength will receive drug testing support from the next higher unit in thechain of command.

h.Installation ASAPs will provide drug testing supplies asnecessary, so units deploy with enough to test 100

percent of their assignedstrength. Deployed units will order supplies through the normal supply system.

i.The BACMs of deployed units will forward test results forredeployed units to the respective home or mobilization station ADCOs.Mobilization station ADCOs will forward the test results for demobilized unitsto the respective state JSAPC or MSC ADCOs.

4–8.Special drug testing programs

a. Alcohol and other drug abuse bySoldiers in critical safety or security positions is of special concern becauseof the adverse impact on readiness, public health and safety, operations, lifeand property, and the possible disclosure of national security information. Tominimize safety and security risks, special provisions have been developedwhich allow—

(1) Release ofpotentially disqualifying information obtained from the Soldier during the ASAPevaluation andrehabilitation.

(2) Suspensionand/or revocation of a Soldier’s access to classified material, chemicalagents, or nuclear agents.

(3) Restriction orsuspension of aviation, firefighting, police, corrections, rigging, and certainmedical duties.

(4) Notification tothe U.S. Army central clearance facility (CCF).

(5) Increasedfrequency of random drug testing. Commanders will test Soldiers identified inthis paragraph aminimum of once in each fiscal year. If a Soldier is notselected for testing within the first 10 months of the period, the commanderwill direct the Soldier to provide a specimen and will use the IO test code atany point during the last 2 months of the fiscal year.

b.Alcohol and drug abuse by Soldiers with access to Top Secretor sensitive compartmented information is of particular concern because of thepotential adverse impact such abuse may have on national security. Therefore,all Soldiers who maintain a Top Secret clearance or have sensitivecompartmented information access are required to submit a urinalysis specimen aminimum of once in each fiscal year. Participation in the ASAP rehabilitationprogram is not in itself sufficient cause to identify a Soldier as a securityrisk in accordance with AR 380–67. However, circumstances of a given case maywarrant suspension of an individual’s access to classified material. (Refer toAR 380–67 and/or the supporting security office for guidelines on suspendingaccess to classified information and/or reporting information to the U.S. ArmyCCF.)

c.The Chemical Surety Program and Nuclear Surety Program Biological,Chemical, and Nuclear Surety Programs are command programs designedto ensure that only those Soldiers who comply with the highest possiblestandards of reliability are allowed to perform duties associated with biological,chemical, or nuclear agents. Such reliability is maintained throughthe initial and continual evaluation of Soldiers assigned to PersonnelReliability Program (PRP) duties. No one is assigned to a PRP position untilscreened and certified by the certifying official. The failure of an individualto be certified for PRP duties does not necessarily reflect unfavorably on theindividual’s suitability for assignment to other duties. The decision to removeor disqualify a Soldier enrolled in the PRP is a command decision. ASAPpolicies are designed to fully support the Chemical Surety PersonnelReliability Program and the Nuclear Surety Program Biological,Chemical, and Nuclear Surety Programs (refer to AR 50-1,AR 50-5, and AR 50-6 for details).

d.The ASAP CD must ensure that potentially disqualifyinginformation related to the Soldier’s participation in the ASAP counselingcenter evaluation and the Soldier’s subsequent enrollment in rehabilitationwill be made available promptly to the PRP certifying official forconsideration. ASAP counseling personnel should be familiar with their PRPresponsibilities identified in AR 50-1, AR 50-5, and AR50-6.

e.Before PRP certification, all Soldiers must submit to aurinalysis for illicit drug use. Military personnel perform-

ing PRP duties will be tested aminimum of once in each fiscal year.

f.Alcohol and other drug abuse by aviation personnel are aspecial concern because of their impact on aviation safety. Therefore, aviationpersonnel on flight status are required to submit to urinalysis a minimum ofonce in each fiscal year. Aviation specialties are:

(1) Officerpersonnel in the 15-series military occupational specialty (MOS) and 67Jspecialty.

(2) Warrantofficer personnel in the 150–155 specialties.

(3) Enlistedpersonnel in the 15-series MOS.

(4) Flightmedics, door gunners, or others who are “Special Detailed” into the aviationmission.

g.DA Pam 40–501 provides medical fitness standards. AR 600–105provides policies and procedures for restricting, suspending, and terminatingmedically unfit personnel from aviation duties and includes guidance forreinstating rehabilitated abusers determined fit to return to aviation duties.

h.Aviation Personnel with a diagnosis of alcohol dependence oralcohol abuse, in accordance with DSM–IV–TR (303.90 and 305.00) are “medicallydisqualified” from aviation duties in accordance with AR DA Pam40–501. Further, a medical waiver must be obtained for all Active Army and USARaviation personnel (Class 2 standards), with such diagnosis, prior to theirreturning to aviation duties. The authority for waiver is the Commander, HRC(AHRC–PLP–A) 200 Stovall Street, Alexandria, Virginia 22332–0406 U.S.Army Human Resources Command (AHRC–PLP–A), 1600 Spearhead Division Avenue, FortKnox, KY 40122–5001. The process to obtain a waiver for adisqualified aviator is as follows:

(1)Abstinent from any mood altering substances for a minimum of 90days.

(2)Enrolled and successfully progressing in the ASAP (according toASAP counselor, commander and flightsurgeon) with an active sobriety program(weekly group therapy, and so forth).

(3)Written assessment and recommendation from the ASAPcounselor/Joint Service equivalent, commander andflight surgeon with theendorsement of a GO in the chain-of-command. This documentation of assessmentsand recommendations will be submitted to Director, U.S. Army Aero-MedicalActivity (USAAMA) (MCXY–AER), Fort Rucker, Alabama 36362–5000, for medicalreview and recommendation.

(4)Recommendation for waiver of disqualification(s) from theDirector, U.S. Army Aero-Medical Activity accompanied by all relevantdocumentation to Commander, HRC (AHRC–PLP–A), 200 Stovall Street,Alexandria, Virginia 22332–0456 U.S. Army Human Resources Command(AHRC–PLP–A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122–5001.

(5)Commander, U.S. Army Human Resources Command considers therequest and recommendations for waiver. Ifthe recommendation is received priorto the normal 12-month period (date of grounding to recommendation for waiver)the recommendation will be considered based on the strength of the assessmentsand the background of the individual aviation person.

Note. All waiversmust be reviewed for renewal each year.

i.Aviation personnel that are involved in alcohol relatedincidents or are otherwise identified and determined by ASAP counselors to be“Nondependent abusers of alcohol” may be “temporarily suspended from aviationduties” for a period of evaluation and review to ensure that the aviationperson poses no unusual threat to aviation safety. When the ASAP counselor,local commander and flight surgeon agree that the aviation person is ready toreturn to flying, the temporary suspension may be lifted, and the aviator mayreturn to flying.

j.Aviation personnel who use illicit drugs, whether or notdetermined by aviation medical authorities to be medically fit, are subject todisqualification from flying duties in addition to appropriate disciplinary andadministrative actions.

k.Aviation personnel, including air traffic controllers, whohold Federal Aviation Administration medical certifi-

cates, must comply with FederalAviation Administration standards on alcohol and other drug use.

l.Alcohol and other drug abuse by Soldiers performing someduties can have a direct, immediate, and lifethreatening impact on the health,safety, and security of other Soldiers and civilians. Therefore, Soldiersperforming the duties in the MOSs listed below are required to submit aurinalysis specimen a minimum of once in each fiscal year unless they aredetailed to duties outside their MOS or are assigned as instructors or tobattalion or higher staffs for the entire fiscal year.

(1) 21MFirefighter.

(2) 31B MP.

(3) 31D CIDSpecial Agent.

(4) 31ECorrections Specialist.

(5) 68DOperating Room Specialist.

(6) 68EDental Specialist.

(7) 68KMedical Laboratory Specialist.

(8) 68PRadiology Specialist. (9) 68Q Pharmacy Specialist.

(10)68W Healthcare Specialist.

(11)68X Mental Health Specialist.

(12)92R Parachute Rigger.

(13)All officers in the medical corps, dental corps, medicalspecialist corps, nurse corps, or medical Service corpsofficers with a primaryarea of concentration of 67E, 67F, 67G, 71E, 62C, 73A, or 73B.

m. To ensure their continuing fitness for thepositions they hold and the integrity of the DTP, all UPLs will submit

to urinalysis testing a minimum of once in each 12 monthperiod.

4–9.Drug testing coordinator, battalion prevention leader, Unit Prevention Leader,and observer qualifications, training and certification

a.Since DTCs, BPL, UPLs, and observers perform duties that arecrucial to the integrity and success of the ASAP and must be prepared totestify about their actions in court, they must be very carefully selected,trained, and certified to perform their duties. Reserve component DTCs, BPL,UPLs, and observers must meet the same standards as Active Army personnel.

b.Specific requirements for DTC and BPL or UPL qualifications,training, and certification are explained in chapter 9 of this regulation.

c.Observers must—

(1) Bean officer, warrant officer, NCO (E–5 or above), civilian corps member (generalschedule (GS–5) National Security Personnel System (NSPS) Pay Band orpay grade equivalent), or contract employee (or pay grade equivalent).(Commanders are recommended to select unit leaders in the rank of SergeantFirst Class or above.)

(2) Be the samegender as the Soldier being observed.

(3) Possessunimpeachable moral character and sufficient maturity to preserve the dignityof the Soldier beingtested.

(4) Not becurrently enrolled within the ASAP Rehabilitation Program.

(5) Not be underinvestigation for legal, administrative, or substance abuse related offenses.

d. Observers must be briefed on andreceive a demonstration of their duties by a UPL each time they are selected toperform them. Before performing their duties, observers must sign a UrinalysisObservation Briefing Memorandum that outlines their duties and the penaltiesfor not properly performing them. (See app E, fig E–4 of this regulation for anexample memorandum.) The observers duties are to—

(1) Maintain directeye contact with the specimen bottle from the time the UPL hands it to the Soldieruntil the timethe UPL places it in the collection box.

(2) Observe urineleave the Soldier’s body and enter the specimen bottle.

(3) Ensure that noone tampers with the Soldier’s specimen.

(4) Guide theSoldier through the collection process.

(5) Report unusualoccurrences and attempts to adulterate the specimen to the UPL.

4–10.Smart testing techniques

a. A Soldier who knows when theurinalysis will be conducted may attempt to substitute another fluid for his orher specimen or contaminate his or her specimen so that it is untestable. Anytesting technique used must be consistent with the requirements of a validhealth and welfare inspection. The keys to obtaining a good urinalysis specimenare to—

(1) PreventSoldiers from knowing when they will be tested until just before the test.

(2) Maintaincontrol of them until they provide their specimens.

(3) Ensurethe observers perform their duties correctly.

b. Soldiers will have no more than 2hours to report to the testing site from the time they are notified. Once aSoldier is in the testing site holding area, only the commander who ordered thetest may authorize the Soldier to leave before providing his or her specimen.If the commander allows the Soldier to leave the holding area, he or she shouldprovide an NCO or officer escort for the tested Soldier while he or she is awayfrom the holding area. Some examples of smart testing techniques include:

(1) Back-to-backtesting (for example, Friday/Monday).

(2) Weekend/Holidaytesting.

(3) Duringfield exercises.

(4) At theend of the duty day.

(5) Duringafternoon physical training.

c. Some examples of poor urinalysis collectiontechniques include:

(1) Always testingon Mondays.

(2) Asking forvolunteers.

(3) Listing thetest on the training schedule.

(4) Announcing thenext day’s test at the end of the duty day or by email.

(5) CallingSoldiers in for an alert but telling them it’s for a urinalysis.

(6) Callingattention to future drug testing by conspicuously handling urinalysis suppliesor preparing requiredforms.

(7) Stoppingcollections before every Soldier selected has provided a specimen.

(8) Printing outtesting documents and labels on shared printers.

4–11.Pre-collection procedures

The following actions will beconducted before a random selection or unit sweep urinalysis:

a.The battalion commander orders the test and selectsthe testing date and time. After the battalion commander has determinedthe date, time and unit(s) or subunit(s) to be tested in a unit sweep, theyshould implement positive measures to ensure that the selected Soldiers remainunaware of the urinalysis until no more than 2 hours before they are to reportto the testing site. The preferred method for maintaining the security of thisinformation is to ensure all UPLs are prepared to conduct a unit sweep with nonotice and to tell only the battalion command sergeant major and BPL about thetest until it is time to notify the selected Soldiers.

b.The battalion commander directs whether the collectionwill be executed at battalion or company level. If the battalion commander hasdecided to use the company-level collection method, the company commanders willbe notified.

c.The battalion commander selects the personnel to betested. For random tests, the battalion commander may delegate thisresponsibility to the command sergeant major or BPL. If a company-levelcollection will be employed, the company commander may randomly select theSoldiers to test or may delegate this to the UPL. When conducting a random test,the commander or UPL should use the DOD DTP to randomly select Soldiers to betested and to print the test materials. Commanders may use alternativeselection methods, but whatever method the commander uses must be written inthe unit substance abuse program SOP. If a BPL or UPL performs the randomselection for the commander, the commander must approve the selection beforeany Soldier provides a urinalysis specimen. Soldiers selected, but notavailable for a random test, must be tested upon their return or during thenext random urinalysis after the Soldier’s return. For unit sweeps, thebattalion commander must designate which unit(s) or sub-unit(s) will be tested.

d.The commander orders the Soldiers selected for the test toreport to the urinalysis collection site within 2 hours of notification, but nomore than 6 hours. The commander may use the chain of command to accomplish thenotification. Verbal notification is preferred and should be the primary methodof notification.

e.The UPL sets up the UPL station on a table, preferably in anoncarpeted area with the UPL’s back to a wall and as close to the latrines aspossible. The testing area should be a controlled area where only testing andcommand personnel are present. The UPL station may be in the same area as theholding area, though separate areas are preferred to minimize distractions atthe UPL station. The UPL inspects the latrine(s) before the collection toremove any possible adulterants, and to ensure Soldiers will have soap andpaper towels to wash their hands after providing a specimen. The UPL will placethe latrine(s) “OFF LIMITS” to nontesting personnel.

f.The UPL sets up the holding area near the UPL station. Thecommander will select an NCO or officer to maintain control of Soldiers in theholding area, but may delegate this to the UPL. Nontesting personnel are barredfrom the holding area. The UPL should provide the only water or other fluids inthe holding area, and Soldiers, who are unable to provide a specimen, shoulddrink eight ounces of fluids every half hour, not to exceed 40 ounces. Soldierswill remain in the holding area until they are ready to provide a specimen. Inexceptional cases, an individual with an NCO/ officer escort and the permissionof the commander may leave for a brief period.

g.The UPL may notify the DTC about the test after theSoldiers to be tested have been notified, but not before. The UPLshould notify the DTC prior to conducting unit collections in order tocoordinate sample turn in and unit inspections by the DTC. Thisnotification of the DTC is not required, but is recommended to improvethe efficiency of specimen processing when the UPL later arrives at the DTCP.The UPL should be prepared to temporarily store the unit’s specimens if thenumber of specimens being turned in by all units exceeds the DTC’s capabilityto receive and process them the day of the test.

h.The commander will brief the Soldiers to be tested, but maydelegate this to the UPL. The briefing will include the purpose for conductingthe test, and will constitute a legal order for the Soldiers to provide aspecimen of their urine. (See app E, fig E–2 of this regulation for an examplebriefing.) Intentional failure to provide a specimen absent a verified medicalcondition is a violation of a lawful order and may subject the Soldier topunishment under the UCMJ or other adverse action.

i.The UPL will brief the observer(s) on the collection processand demonstrate how to directly observe both male and female Soldiers properly.The UPL will ensure that each observer reads and signs an observer’s memorandumthat clearly explains the observer’s duties and the penalties for not complyingcompletely. (See app E, fig E–4 of this regulation for an example memorandum.)

j.The UPL will brief the Soldiers to be tested on theprocedures for the test and who the observers will be. (See app

E, fig E–3 of this regulation foran example briefing.)

k.If a Soldier to be tested arrives after the commander’s andUPL’s briefs have been conducted, the UPL or holding

area NCO/officer will brief the Soldier.

4–12.Collection procedures

a.The complete list of collection procedures that will befollowed by all components is explained in appendix E of

this regulation.

b.If a Soldier does not provide a specimen within a reasonableperiod of time, but not less than 3 hours, of reporting to the urinalysiscollection site, the commander may refer the Soldier for medical evaluation. Ifthis occurs the commander should ensure the Soldier is escorted to the MTF by amore senior Soldier. If the Soldier is determined to not have a medicalcondition precluding him from providing a specimen, the commander shouldconsult with the servicing judge advocate for further guidance.

4–13.Post-collection procedures

a.If the UPL or observer suspects the Soldier adulterated thespecimen, the UPL will secure the specimen bottle and its contents and completethe collection process, but will not release the Soldier. The UPL will haveanother observer or NCO notify the commander, and the UPL will explain thecircumstances to the commander. The commander may order the tested Soldier toprovide a PO specimen after consulting with the appropriate legal advisor. TheUPL will collect this specimen under a separate chain of custody. The Soldierwill remain in the holding area until the specimen is provided. If the UPL, notthe observer, discovered the possible adulteration, the commander shouldreplace the observer immediately for not properly observing the specimencollection, and contact the appropriate legal advisor for further guidance. Thefirst specimen should be sent to the FTDTL for testing with a special requestmemorandum from the commander to test the specimen for validity.

b.When the DTC receives urinalysis specimens, he or she willreview the DD Forms 2624, unit ledgers, and specimen bottles for completenessand correctness. The DTC will also examine each specimen to ensure it containsat least 30ml of urine, does not appear to be adulterated, and has an intacttamper evident tape.

c.If the DTC finds a discrepancy, the DTC will correct it bycreating a memorandum titled, “Certificate of Correction” (see app E, fig E–1of this regulation for an example) that will explain the discrepancy, thecircumstances, and the corrective action taken. All personnel involved,including the person(s) who made the error, must sign this certificate.

d.The DTC will, without exception, accept allspecimens collected by UPLs that were certified at the time of

collection.

e.The DTC is not authorized to dispose of or have the UPLdispose of any specimens except as listed below:

(1) When thespecimen cannot be identified as a unique specimen by the SSN (for example, SSNon bottle does notmatch SSN on DD Form 2624 and cannot be verified).

(2) When thespecimen bottle has 2 labels on it or does not have the Soldier’s initials onthe label.

(3) The specimen isfrom the UPL who is turning in the specimen.

(4) When the unitledger (testing ledger) is missing the Soldier’s or observer’s signatures.

(5) With approvalfrom one of the following: the garrison, region, or IMCOM ADCO, ACSAP, or theFTDTL.

(6) The DTC willcreate an MFR to record the reason for any authorized disposal and include whoauthorized it byname and title.

f. All urine specimens will be forwarded to thesupporting FTDTL using one of the following methods:

(1) United StatesPostal Service (USPS) by First Class Mail.

(2) Hand-carried bysurface transportation.

(3) Militaryaircraft transportation system.

(4) The U.S. flagcommercial airfreight, air express, and airfreight forwarder (for example,Federal Express (FedEx) or United Parcel Service (UPS)).

(5) As a lastresort, by foreign flag air carrier.

g. If the UPL is deployed or is a reserve componentUPL, who is not using a DTC, they will perform the steps

above.

4–14.Managing drug test results and medical reviews

a.The FTDTLs will post drug test results on the Web portallocated at https://iftdtl.amedd.army.mil. ADCOs, DTCs, and BACMs will registerwith the Web portal to download the test results for theirinstallation/state/MSC/ command, and will then forward the test results to therespective commanders in a secure fashion that complies with the provisions ofthe Privacy Act. The commander may designate another responsible individual inwriting to receive the results for him or her.

b.If there is a flaw in the specimen or the accompanying formsor package, the FTDTL will decide if the discrepancy makes the specimennontestable. The FTDTL will not test a specimen with a fatal discrepancybecause the discrepancy will prevent the specimen from being used as acceptableevidence during administrative or disciplinary proceedings. The FTDTL will testall nonfatal discrepancies. The FTDTL will record and post all discrepancies toits Web portal.

c.Both the ASAP and the FTDTL will maintain negative testresults for 1 calendar year after the FTDTL reporting

date and positive results for 3 calendar yearsafter the FTDTL reporting date.

d.If the DTC receives a positive drug test result from theFTDTL Web portal that requires a medical review per MEDCOM Reg 40–51, the DTCwill forward it to the MRO within 5 working days of when the result was postedto the FTDTL Web portal. Within 5 working days of receiving the result from theDTC, the MRO will determine if the Soldier legitimately used the drug(s) inaccordance with MEDCOM Reg 40–51, and forward the determination back to theDTC. The DTC then will have 5 working days to forward the result to thecommander and post the MRO determination in DAMIS. A hard copy of the MROdetermination will be maintained by the DTC with the positive result for 3years from the date of the test. The process to conduct MRO reviews is outlinedin figure 4–1, below.

e.All Soldiers who test positive for illicit drug use must beevaluated for drug dependence.

f.Commanders will report all confirmed positive results,regardless of location, to the appropriate military law enforcement authority(MP, Security Police, Criminal Investigation Division (CID), and so forth) within72 hours of receiving notification. The company commander will contact CIDwithin 72 hours of receiving notification that one of their Soldiers testedpositive consistent with CID investigatory procedures.

g.Before reporting a Soldier’s positive urinalysis result totheir commander, the DTC will review the Soldier’s past urinalysis results inDAMIS to determine if the Soldier has a previous positive urinalysis result.The DTC will notify the Soldier’s commander of all positive urinalysis resultsin the Soldier’s career and any previous enrollments in the ASAP forrehabilitation that are in the Soldier’s records.

i.If positive laboratory drug results do not require aMRO review or a MRO determines illicit use, and the test basis type isinspection (IR, IO, IU), PO, or VO, then the results will be forwarded to lawenforcement.

AR 600-85 The Army Substance Abuse Program (2)

AR 600-85 The Army Substance Abuse Program (3)

j.Each ASAP is also required to report illicitpositive urinalysis results (except rehabilitation test results) directly totheir supporting CID office. Positive urinalysis results that require a MROevaluation will only be released to CID if the MRO determines the results to beillegitimate use. Results determined to be legitimate medical use will not bereleased to CID. The ASAP will only provide CID and/or Office of the ProvostMarshal General with the BAC, UIC, SSN, laboratory accession number, specimencollection date, specimen laboratory report date, test basis, and the illicitlyused drug(s). Individual Soldier drug testing and treatment histories will notbe provided to law enforcement (see fig 4-2).

k.Commanders are no longer required to report positiveurinalysis results to local law enforcement. This does not alleviate them ofthe requirement to initiate administrative separation, or refer the Soldier tothe ASAP for evaluation and treatment/education by completing DA Form 8003. Inaddition, commanders must complete and submit DA Form 4833 in accordance withAR 190–45.

AR 600-85 The Army Substance Abuse Program (4)

AR 600-85 The Army Substance Abuse Program (5)

4–15.Inspections

a. Internaland external inspections of units and the military DTP will ensure theintegrity of the system and increase

the program’s deterrent effect.

b. Requiredinspections of the military DTP:

(1) TheADCO will inspect the DTCP operations quarterly using at least 25 percent ofthe ACSAP DTC inspectionchecklist.

(2) Theinstallation or command safety officer will inspect the DTCP and review theDTCP safety SOP annually.

(3) Theinstallation or command physical security officer will inspect the DTCPbiennially for compliance withappendix E of this regulation and any applicablelocal regulations.

(4) TheDTC will inspect and document the inspection of every battalion-level unit annually.

(5) TheBPL or his or her alternate will inspect and document inspections ofcompany-level programs annually.

(6) TheACSAP will inspect installation drug testing collection programs at least every3 years using the ACSAPDTC inspection checklist.

(7) ArmyFTDTLs will be inspected three times a year and will be certified annually inaccordance with DODI1010.1 and DODI 1010.16. An ACSAP representative willperiodically accompany the inspection team.

(8)Chapter 13 does not apply to the ARNG. The NationalGuard Joint National Guard Substance Abuse Program (JNGSAP) will be evaluatedby the counterdrug program evaluation team in accordance with National GuardRegulation (NGR) 500-2/ANGI 10-801.

4–16.Statistical management

a. To assess and manage the program,the ADCO must collect, maintain and analyze ASAP statistics, but must also becareful to prevent the disclosure of personal information to unauthorizedpersonnel. The ADCO will use these statistics to—

(1)Brief leaders at all levels about the status of their programsand highlight issues (for example, drug abuse trends,testing rates, discrepancyrates, and so forth) that need the commanders’ attention.

(2)Brief UPLs about common collection and processing issues.

(3)Modify, as needed, the local ASAP training methods or channels fordisseminating prevention information andmaterials.

b. The DTC will maintain the following statistics:

(1) Testing daysand weeks of the month by all units.

(2) Total militaryspecimens collected by each unit for each reason for testing (IR, IU, and soforth).

(3) Discrepancyrate for the installation by unit including both FTDTL fatal and nonfataldiscrepancies and DTCvoids.

(4) Positive rate,by drug, for each unit and the installation.

(5) Certificationdates for primary and alternate DTCs.

(6) Proof of localor DA training for additional personnel working within the DTCP.

(7) The UPLcertification and recertification records.

4–17.Physical security

Once the UPL accepts a complete specimen from the Soldier,the specimen chain of custody begins. This chain of custody must remain continuouslyand forensically intact until the specimen’s testing is complete at the FTDTL.Proper physical security and storage of urine specimens at all levels areessential to ensure the integrity of the DTP. Urinalysis specimens will besecured using the minimum security standards for evidence storage as outlinedin appendix E of this regulation.

4–18.Retesting specimens

a. Positive urine specimens may be retested if asufficient quantity of the specimen is available and a written request

for retesting is submitted by—

(1) The unitcommander, the MRO, or an attorney representing the Soldier.

(2) TheSoldier whose specimen tested positive, but only through their commander orattorney.

(3) Requestby the president or recorder of an administrative board.

(4) An orderof a court-martial or request made pursuant to the rules for court-martial.

b.A Soldier whose urine has tested positive for illicit drugsmay obtain a retest at any DOD FTDTL, at no cost to the Soldier,at theSoldier’s expense when a sufficient quantity of the specimen isavailable for retesting. Only an aliquot of approximately 1–2milliliters will be released for such testing. The original specimen and bottlewill be maintained at the original DOD laboratory. The specimen must beforwarded using a chain of custody procedure and by a method that ensures theGovernment is not obligated to pay for the testing if the specimen is sent to acommercial laboratory.

c.A Soldier whose urine has tested positive forillegal drugs may obtain a retest at a commercial laboratory (Substance Abuseand Mental Health Service Administration approved) outside the DOD laboratorysystem at the Soldier’s own expense when a sufficient quantity of the samespecimen is available for retesting.

4–19.Requesting urinalysis documents

a. Personnel identified below mayrequest FTDTL documents pertaining to positive urinalysis results to use inconnection with adverse administrative or disciplinary actions. All requestsmust identify the documents requested and must be submitted through the unitcommander to the FTDTL that performed the urinalysis. Documents will befurnished at no expense upon—

(1) Requestof the installation or unit commander, a SJA office, the tested Soldier, or thetested Soldier’s attorney.

(2) Requestby the president or recorder of an administrative board.

(3) An orderof a court-martial or request made pursuant to the rules for court-martial.

b. Documents which may be obtainedfrom the FTDTL are a “Commander’s Packet” (which includes items (1) and (2),below) or a “Documentation Packet” (which includes items (1) through (6),below). Other documents should be requested through normal military legalchannels.

(1) Anaffidavit cover sheet certifying the test procedures used and results found forthe Soldier’s specimen.

(2) Photocopyof the installation chain of custody documents with certified results.

(3) Photocopyof the intralaboratory chain of custody documents.

(4) Adescription of the analytical methodology.

(5) Resultsof the analysis of the Soldier’s specimen.

(6) Qualitycontrol data corresponding to the Soldier’s specimen.

c. The provisions of this paragraph are not intendedto, and do not, provide any rights or privileges as to the relevancy oradmissibility of laboratory documents that are not otherwise afforded by theUCMJ, the Manual for Courts-Martial, or regulations governing adverseadministrative and disciplinary actions.

4–20.Drug-Testing Program software

All Army units are required to use the DOD-developed DrugTesting Computer Program as their predominant method for selecting Soldiers forrandom testing and preparing the required testing forms and labels. Unitsshould submit at least 95 percent of their urinalysis specimens using the DODDTP software.

4–21.Maintaining Drug-Testing Program records

ASAP files must be maintained in accordance with the ArmyRecords Information Management System (ARIMS) which is governed by AR 25–400–2.

4–22.Pre-service use of drugs

a.Drug dependent persons, current drug abusers, and personswhose pre-service drug abuse indicates a tendency to continue abuse shall notbe permitted to enter the Army. Recruiting procedures will include positivemeasures to identify and screen out drug abusers at the point of applicationfor enlistment, appointment, or commission. Any applicant for the Army who hasa positive urinalysis during the application process for any branch of Serviceat a Military Entrance Processing Station shall be permanently disqualified forenlistment eligibility unless granted a waiver by the Commander, ArmyAccessions Command. The Commander, USAAC may delegate approval of these waiversto the Commander, U.S. Army Recruiting Command or the Director,Army National Guard.

b.Individuals convicted of a pre-service drug-relatedoffense are processed within the same guidelines developed by ArmyAccessions Command reflected in Army enlistment policy forprocessing applicants with other types of criminal convictions.

c.Prior to enlistment, appointment, or induction, every officerand enlisted accession will be informed about the Army’s DTP as outlined inparagraphs 4–1 and 4–2, above.

d.Commanders will evaluate, on a case-by-case basis, Soldierswho admit to pre-service drug abuse after denying such abuse at the time ofentry. Commanders may discipline or process for separation these Soldiers foradministrative separation for fraudulent enlistment. Soldiers who wouldotherwise have met acceptance criteria at induction may be retained withapproval of the separation authority.

4–23.Drug testing supplies

a. Commanderswill maintain enough drug testing supplies on hand to test 100 percent of theirunit strength.

b. InstallationASAPs should maintain enough drug testing supplies to last for at least 30 daysat normal consumption rates, based on demand history, in order to maximizecommanders’ drug testing flexibility throughout the deploymentsupport cycle, and mitigate disruptions in the supply chain. DTCsshould resupply units based on the number of specimens they turn in to preventa UPL from tipping off a test by walking through the unit area with thesupplies they just received from the DTC. DTCs should resupplyunits based on the number of specimens they turn in. UPLs must avoid supplyactivities that may tip off a test, such as, walking through the unit area withthe supplies they just received from the DTC the day before the test.

c. Thecomplete list of drug testing supplies is in appendix F.

Chapter5 Civilian Corps Member Drug Testing

SectionI

Army’sCivilian Drug-Testing Program

5–1.Purpose

TheArmy’s Civilian DTP contributes to the accomplishment of the Army’s mission andthe safety of the entire workforce. This chapter specifies policies of the ASAPpertaining to civilian corps members and DA contractors. Additionalinstructions and procedural guidance are provided in DA Pam 600–85.

5–2.Background

On 15 September 1986, Executive Order (EO) 12564 establishedthe foundation for a DFW. This EO directed Federal agencies to develop a planfor achieving a DFW, while upholding the rights and protections afforded to theGovernment, the workforce and the general public. In support of EO 12564, theArmy enacted the Civilian DTP for civilian corps members.

5–3.Policy

a.Drug testing of civilian corps members for the purpose ofgathering evidence for use in criminal proceedings will

not be conducted under thisregulation.

b.Any attempt by civilian corps members to defeat the Army’sDTP (for example, substituting or diluting urine, chemically altering,modifying or adulterating one’s own urine, or using a device to do any of theabove acts) or assisting another person who is attempting to do the same isexpressly prohibited and is a violation of this regulation. Personnel inviolation of this provision shall be subject to the full range of disciplinaryor administrative actions as appropriate.

c.Employees in and applicants for TDPs under DHHS will onlybe drug tested using the single specimen collection procedure. Employees in andapplicants for positions that are drug tested under and DOT rules will onlybe drug tested using the split specimen collectionprocedure.

d.Frequency of random testing will conform to DOD guidance.Random testing will take place at a rate of one random test per assigned TDP(100 percent random testing) unless directed otherwise by published memorandumfrom the Director, ACSAP. Annual testing of any TDP category or jobseries is not authorized.

SectionII

Drug-FreeWorkplace Program

5–4.Objectives

The goal of the Army’s DFW DTP is to ensure that workplacesare safe, healthful, productive, and drug-free. To achieve this goal, the Armyhas implemented drug abuse testing programs for civilian corps members. Theobjectives are to:

a. Assistin maintaining public health and safety, the protection of life and property,national security, and law

enforcement.

b. Detersubstance abuse.

c. Identifyillegal drug abusers.

d. Assistemployees who are seeking rehabilitation for illegal drug abuse.

e. Assistin determining fitness for appointment or retention of TDPs.

5–5.Applicability

EO 12564, which established the goal of a DFW, applies to allcivilian corps members and applicants tentatively selected for TDPs. (See para5–8 of this regulation defining TDPs.)

5–6.Purposes for conducting drug-free workplace drug testing

To achieve the objectives inparagraph 5–4 of this regulation, six categories of drug testing have beenestablished which fully conform to EO 12564. These categories are (Refer to DAPam 600–85 for detailed definitions of DFW drug testing categories.)—

a. Reasonable suspicion testing.

(1)For employees in TDPs: When there is areasonable suspicion that any TDP employee may have used illegal drugs, whetheron or off duty.

(2)Any civilian corps member not in TDPs: Reasonablesuspicion testing may also be required of any employee in any position wherethere is a reasonable suspicion of on duty use or impairment.

b. Injury,accident, or unsafe practice testing. Employees may be subject to testingwhen there is an examination authorized by an appropriate installation oractivity commander regarding an accident or unsafe practice. Accordingly,employees may be subject to testing when, based on the circumstances of theaccident, their actions are reasonably suspected of having caused orcontributed to an accident that results in death or personal injury requiringimmediate hospitalization or in damage to Government or private propertyestimated to be in excess of $20,000.

c. Voluntarytesting. When an employee volunteers for drug testing, the employee willbecome part of a separate

testing pool for volunteers, whowill be randomly tested.

d. Follow-uptesting. As a follow-up to counseling and rehabilitation.

e. Applicanttesting. Before A negative test is required prior toappointment or selection for a TDP.

f. Randomtesting. On a random basis after appointment to or selection for a TDP.Random drug testing will use a scientifically valid system of selecting aportion of a testing pool without individualized suspicion that a particularindividual is using illicit drugs. Each employee will have an equal chance ofbeing selected for drug testing each time this type of testing is conducted.Note: Rehabilitation testing is not a DFW drug testing category. Rehabilitationurine testing of civilian employees or any person eligible for civilian EAPservices will not be provided by the ASAP drug testing staff. Rehabilitationtesting services for these populations may be provided at the discretion of thelocal MTF or at the expense of the individual through a private source. Toensure quality assurance, any testing performed must be done through a DHHSapproved lab.

5–7.Drugs for which testing is conducted

The FTDTLs will test urinalysis specimens of civilian corpsmember TDPs for the drugs specified in the most recent DHHS directive.

5–8.Drug-free workplace testing designated positions

a.Positions defined by EO 12564 as sensitive positions arecalled TDPs (see EO 12564, Section 7, para (d)). Provided below are thesensitive positions or categories of positions that involve law enforcement,national security, the protection of life and property, or public health orsafety, which have been identified as TDPs. These positions have duties and responsibilities,which are consistent with the parameters established by the DHHS and the Officeof National Drug Control Policy.

b.Frequency of random testing will conform to DOD guidance.Random testing will take place at a rate of one random test per assigned TDP(100 percent random testing) unless directed otherwise by published memorandumfrom the Director, ASAP.

c.Employees in the following TDPs are subject to random testingwhich occurs without suspicion that a particular

individual is using illicit drugs:

(1) Positionswhich authorize the incumbent to carry firearms.

(2) Positionswhich require the incumbent to operate a motor vehicle transporting one or morepassengers on at leasta weekly basis.

(3) Operatorsof motor vehicles who are required to have a commercial driver’s license and—(a)Who drive motor vehicles weighing more than 26,001 pounds.

(b) Whodrive motor vehicles designed to transport more than 16 passengers.

(c) Whodrive motor vehicles that transport hazardous materials.

(4)Positions which require the incumbent to maintain a top secretclearance or have access to sensitive compartmented information in theperformance of their duties.

(5)Railroad operating crews and railroad personnel in positions inwhich duties include handling train movementorders, conducting safetyinspections, or the maintenance and repair of signal systems.

(6)Aviation flight crewmembers, air traffic controllers, andaviation personnel in positions in which the dutiesinclude dispatching, safetyinspections, or the repair and maintenance of aircraft.

(7)The ASAP positions in which the incumbent provides directrehabilitation and treatment services to identifiedalcohol or illegal drugabusers.

(8)The PRP positions (biological duty positions, nuclearduty positions, or chemical duty positions) under the provisions of AR50-1, AR 50–5, or AR 50–6.

(9)Positions which require duties involving the supervision orperformance of controlling and extinguishing fires,and/or rescuing of peopleendangered by fire.

(10) Positionswhich require the handling of munitions or explosives in connection with themanufacturing, maintenance, storage, inspection, transportation, ordemilitarization of these items.

(11) Positionswhich require the incumbents to electroplate critical aircraft parts.

(12) Frontline law enforcement personnel with drug interdiction duties who have access tofirearms.

(13) Medicalpositions—

(a)That are directly involved in patient care in which theincumbent has direct patient contact or performs diagnostic testing ortherapeutic functions.

(b)That are directly involved in patient care in which theincumbent is required to extract or work with patient’s blood, urine, and otherbodily fluids or tissues; prepare patient specimens for examination; performspecialized or nonroutine test on patients; bodily fluids or tissue samples; orconfirm patients’ test results.

(c)In which the incumbent maintains, stores, safeguards, inputsfills, or distributes drugs and medication— 1. 0602 Physicians.

2. 0603Physicians Assistants.

3. 0610Registered Nurses.

4. 0620Licensed Practical Nurses/Licensed Veterinary Nurses.

5. 0621Nursing Assistants.

6. 0633Physical Therapists.

7. 0640Health Technicians.

8. 0642Nuclear Medical Technicians.

9. 0644Medical Technologists.

10. 0645Medical Technicians.

11. 0647Diagnostic Radiation Technicians/Technologists).

12. 0648Therapeutic Radiation Technicians/Technologists).

13. 0649Medical Instrument Technicians.

14. 0660Pharmacists.

15. 0661Pharmacy Technicians.

16. 0668Podiatrists.

17. 0680Dentists.

18. 0681Dental Technicians.

19. 0682Dental Hygienists.

(14) Biological PRP positions.When the following require unsupervised access to biological agents and toxinsand work in biological containment conditions:

(a) 0018Safety and Occupational Health Management.

(b) 0080Security Administration.

(c) 0086Security Assistant.

(d) 0301Administrative Management.

(e) 0401Biological Scientist.

(f) 0403Microbiologist.

(g) 0404Biological Science Technician.

(h) 0405Pharmacologist.

(i) 0414Entomologist.

(j) 0415Toxicologist.

(k) 0602Medical Officer.

(l) 0644Medical Technologist.

(m) 0646Pathology Technician.

(n) 0701Veterinary Medical Science.

(o) 0704Animal Health Technician.

(p) 0801General Engineer.

(q) 0802Engineering Technician.

(r) 0830Mechanical Engineer.

(s) 2001Supply Specialist.

(t) 1301Physical Scientist.

(u) 1311Physical Science Technician.

(v) 1320Research Chemist.

(w) 1910Quality Assurance.

(x) 5048Animal Caretaker.

(15) Crane Operators.

(a) When positions in thefollowing series require the incumbent to operate, inspect, maintain, repair,or rig loads for overhead cranes.

1. WG–5725. 2. WG–3359.

3. WG–5350.

4. WK–5401.

(b) The lifting capacity of the overhead crane istwenty (20) tons or greater.

5–9.Identification of additional testing designated positions

Procedures for requesting additional positions whichcommanders want to designate as a TDP are provided in DA Pam 600–85.

5–10.Testing designated positions within the U.S. Army Corps of Engineers Theapproved positions are as follows:

a.Positions that require the incumbent to operate any surfacevessel, whether powered or not, including dredging equipment, in which theduties include operating, navigating, steering, directing, or sailing thevessel, operating the engines of a vessel while underway, or operating thespud(s) (anchor(s)) on a dredge.

b.Positions that require the incumbent to operate navigationallocks for passage of marine surface traffic or that involve dispatching andclearing marine surface traffic in and out of narrow ship canals, to include marinetraffic controllers.

c.Positions that require the incumbent to operate flood controlgates to control water levels on waterways, to

include dam operators.

d.Positions that require the incumbent to operate a watertreatment plant to produce potable water for community and government use inwhich the duties include laboratory testing of water samples or theintroduction of potentially hazardous chemicals and compounds into the water inthe course of treatment.

e.Even if no TDPs are identified, activities must be preparedto test for reasonable suspicion, to conduct follow up

testing, and test volunteers. Thecertification must also include—

(1) Designationof the activity collection site person (CSP), by name, title series,grade/rank, and telephone number.

(2) Averified TDP list, by activity, containing the name, SSN, gender, positiontitle, series, and pay plan (forexample, GS) of each position in the TDPtesting pool.

f. Ensureto all employees the availability of strong certified employee assistanceprofessional (CEAP) emphasizing

employee education, counseling,and referral to rehabilitation services.

g. Providea safe harbor for any employee who voluntarily admits his or her drug use, perchapter II of reference.

5–11.Drug testing for civilian employees in critical safety or security positions

a.Refer to AR 380–67 and/or the supporting security office forguidelines on suspending access to classified

information and/or reportinginformation to the U.S. Army CCF for drug or alcohol related issues.

b.For detail concerning the Biological SuretyPersonnel Reliability Program, Chemical Surety PersonnelReliability Program, and the Nuclear Surety Personnel Reliability Program referto AR 50-1, AR 50-5, and AR 50-6. The ASAP counselingpersonnel should be familiar with their PRP responsibilities identified in AR50-1, AR 50-5, and AR 50-6.

c.The ASAP CD must ensure that potentially disqualifyinginformation related to the civilian corps member’s participation in ASAPcounseling center evaluation and the civilian corps member’s subsequentenrollment in rehabilitation will be made available promptly to the PRPcertifying official for consideration. Any such disclosure can only be madewith the employee’s written consent or in accordance with PL 100–71, Section503(e).

d.Before PRP certification, all civilian corps members mustsubmit to a urinalysis for illicit drug use.

e.Organizations that contract with companies to provideemployees that work in positions which would be classified as being within thescope of the PRP if performed by Soldiers or civilian corps members shouldspecify in such contracts that the contractor will test those employees forillegal drugs using the same guidelines set forth by DHHS and ARs. Seeparagraph 5–13 of this regulation and the Defense Federal AcquisitionRegulation Supplement (DFARS) 252.223–7004 drug-free work force for details.

5–12.Collection site personnel qualifications, training, and certification

Since CSP, who conduct civilian corps member drug testingcollections, perform duties that are crucial to the integrity and success ofthe ASAP, they must be very carefully selected, trained, and certified toperform their duties. On installations, CSPs are normally the DTC or analternate DTC; however, other personnel who are not DTC-certified may alsoserve as CSPs as long as they meet the requirements specified in chapter 9 ofthis regulation.

5–13.Contractor requirements

a. Employees who use illegal drugstend to be less productive, less reliable, and prone to greater absenteeism.The use of illegal drugs by contractor employees results in the potential forincreased cost, delay, and risk in the performance of a Government contract. Ifa contractor’s employees use illegal drugs at any time, it can— (1) Impairtheir ability to perform tasks that are critical to proper contractperformance.

(2)Increase the potential for accidents and for failures that canpose a serious threat to the national security, health,and safety.

(3)Cause less than the complete reliability, stability, and goodjudgment required of an individual who has access tosensitive information.

(4)Create the possibility for coercion, influence, and irresponsibleaction under pressure that may post a serious riskto national security, health,and safety.

b. The Federal AcquisitionRegulation (FAR) and DFARS address requirements for a drug-free to Governmentcontractors, specifically in FAR Subpart 23.5 and in DFARS 223.570. Requiringactivities should remind contracting officers of their need for contract termsto include the appropriate clauses prescribed by the FAR and DFARS, and, ifnecessary, to request deviations from those standard clauses. In addition,requiring activities should request the cognizant contracting officer to reviewexisting contracts to ensure inclusion of appropriate clauses. Specifically,the contract should address EAPs supervisor training, self-andsupervisory-referrals to counseling, testing for the use of illegal drugs byemployees in sensitive positions, and appropriate personnel procedures to dealwith employees who are found to be using drugs illegally.

5–14.Pre-collection procedures for random testing designated positions testing

a.The DMO selects the testing date and the number of TDPs totest. This may be delegated to the CSP, but the DMO must still order the test.

b.The DMO randomly selects the personnel to be tested. The DMOmay delegate this responsibility to the CSP. When conducting a random test, theDMO should use the DOD DTP, or another similar computer program, to randomlyselect the personnel in civilian TDPs to be tested. DMOs may use alternativeselection methods, but whatever method the DMO uses must be written in theinstallation or command substance abuse program SOP. Personnel in TDPs who areselected, but not available for a random test, must be tested within 5 workingdays of their return or during the next random urinalysis after their return.

c.The DMO or designee notifies the supervisors of the TDPpersonnel selected for the test to tell their selected employees to report tothe urinalysis collection site within 2 hours of notification. Notification ofTDPs to report for testing must be made verbally; written notification can alsobe provided to the employee but this will not be done in lieu of the verbalnotice.

d.The CSP sets up the collection site area, preferably in anoncarpeted area, as close to the latrines as possible. The

testing area should be acontrolled area where only testing and ASAP personnel are present.

e.The CSP inspects the latrine(s) before the collection toremove any possible adulterants and to eliminate access to any sources ofwater. The CSP will ensure that testing personnel have soap and paper towels towash their hands in full view of the CSP before and after providing a specimen.

f.The CSP sets up the holding area near the CSP’s desk.Nontesting personnel are barred from the holding area. The CSP should providewater or other fluids in the holding area, and civilian corps members, who areunable to provide a specimen, should drink 8 ounces of fluids every half hour,not to exceed 40 ounces. Civilian corps members will remain in the holding areauntil they are ready to provide a specimen.

5–15.Collection procedures

The CSP will meet all the collection requirements prescribedby the DHHS Mandatory Guidelines for Federal Workplace DTPs. Collectionprocedures are provided in detail in the Urine Specimen Collection handbook forFederal Workplace DTPs prepared by the Division of Workplace Programs, DHHS,which is available at http://www.workplace.samhsa.gov/DrugTesting/SpecimenCollection/UrnSpcmnHndbk.html.

a.Generally, the individual to be tested will be permitted toprovide a urine specimen privately in a restroom or similar enclosure so thatthe employee is not visually observed while providing a specimen. The CSP maycollect the specimens of employees of both sexes. If the CSP is not the same sexas the individual providing the specimen, the CSP will not enter the restroomduring the actual collection, but will ensure the restroom is ready to be usedprior to the collection and will listen for any indication that the individualbeing tested is attempting to adulterate their specimen.

b.Criteria for conducting an observed collection are providedin the Urine Specimen Collection handbook for Federal Workplace DTPs and arealways performed by a collector of the same gender as the employee. When anobserved collection has to be conducted, the CSP will notify the supervisorthat a situation exists that requires a direct observed collection,document/describe the situation, and provide a copy to the ADCO. If theemployee refuses to undergo an observed test, the CSP will notify thesupervisor prepare a MFR concerning the refusal, and follow the guidelines inthe DHHS handbook.

c.If a civilian corps member does not provide a specimen within3 hours of reporting to the urinalysis collection

site, the CSP should follow the procedures in the DHHS UrineSpecimen Collection handbook.

5–16.Post-collection procedures

a.If the CSP suspects the civilian corps member hasadulterated, substituted, or diluted their specimen, the CSP will follow theprocedures outlined in the DHHS Urine Specimen Collection handbook. Otherunusual circumstances are also covered in this handbook.

b.The CSP may pack several different donors’ specimens into thesame package for shipment to the FTDTL. The CSP will ensure that the outermostpackage that contains civilian urinalysis specimens has the red and white“CIVILIAN” label provided by the FTDTL at Ft. Meade, MD applied to it. Forcomplete packaging instructions, see DA Pam 600–85.

c.All urinalysis specimens will be forwarded as soon aspossible to the FTDTL at Ft. Meade, MD using one of the

following methods:

(1) U.S.Postal Service by first class mail.

(2) Hand-carriedby surface transportation.

(3) Militaryaircraft transportation system.

(4) U.S. flagcommercial airfreight, air express, and airfreight forwarder (for example,FedEx or UPS).

(5) As a lastresort, by foreign flag air carrier.

5–17.Medical review and reporting of drug-free workplace test results

a.The medical review serves as a critical safeguard in theurinalysis program to ensure that positive drug tests resulting from legitimatemedications and foods are not misinterpreted as illegal drug use. Alllaboratory results (positives and negatives) are forwarded to the MRO forreview according to DHHS Mandatory Guidelines for Federal Workplace DTPs.

b.General medical review and reporting procedures andinstructions for the MRO are provided in the DHHS MRO Manual for Federal AgencyWorkplace DTPs.

c.Retest procedures will follow the DHHS MRO Manual for FederalAgency Workplace DTPs.

(1)If employee initiates a retest, the MRO must request the retest,which may be performed at the Fort Meade, MDFTDTL or at any other NationalLaboratory Certification Program certified drug testing laboratory at no costto the employee.

(2)For MRO-initiated retests, the MRO will not report the originaltest results to the installation until results fromthe retest are received;however for employee-initiated retests, the MRO will report the results of theoriginal test immediately.

d. All civilian tests will be reviewed by thecentralized MRO unless the Commander, USAMEDCOM approves an

exception in coordination with the Director, ASAP.

5–18.Statistical management

a. To assess and manage the program,the ADCO must collect, maintain and analyze ASAP statistics, but must alsoprevent the disclosure of personal information to unauthorized personnel. TheADCO will use these statistics to—

(1)Brief leaders about the status of their programs and highlightissues (for example, drug abuse trends, testingrates, discrepancy rates, and soforth) that need commanders’ or supervisors’ attention.

(2)Modify, as needed, the local ASAP training methods or channelsfor disseminating prevention information andmaterials.

b. The DTC will maintain the following statistics:

(1) Number ofTesting Designed Positions (TDPs) by category.

(2) Number ofTDP specimens collected per reason for test.

(3) Number ofother civilians (non-TDP) tested per reason for test.

(4) The TDPpositive rates by drug.

(5) The TDPdiscrepancy rate.

(6) The TDPtesting rate.

5–19.Refusal to test

When a civilian corps member refuses to provide alawfully-directed urinalysis or breathe specimen, the employee is subject tothe adverse administrative or disciplinary actions listed in paragraph 10–31 ofthis regulation.

5–20.Disciplinary and adverse actions

In accordance with DODI 1010.9, any civilian corps memberfound to be using illegal drugs or to be impaired by alcohol while on duty maybe subject to disciplinary action. For a complete review of such actions, seeparagraph 10–31 of this regulation.

5–21.Suspension from testing designated positions and Personnel Reliability Programpositions

When a civilian employee receives a confirmed positive testfor illicit drugs, the employee’s supervisor will consult with the CPAC and hisor her service legal office and suspend the employee from the TDP and access toclassified information pending a determination of administrative action inaccordance with AR 380–67. If the employee is in a PRP position, the supervisorwill promptly notify the certifying official and suspend the employee from hisor her position in accordance with AR 50-1, AR 50–5, or AR 50–6 pending a finaldetermination of administrative action.

5–22.Deployed drug testing

a. Commanderswill maintain their substance abuse programs to the maximum extent practicalwhile deployed,

which includes the random drugtesting of civilian TDP employees within the command.

b. Commanderswill not endanger civilian corps members’ safety and security in hostile fireareas solely to conduct

drug testing.

c. TheBACM of any deployed unit that includes civilian corps members in TDPs willcoordinate the following with

the ACSAP:

(1) Training andcertification for CSP to collect urinalysis specimens from TDP personnelrandomly selected fortesting.

(2) Civiliancollection kits, custody, and DD Form 2624 and other required supplies.

(3) The BAC to usefor testing.

(4) Resultsreporting.

(5) The MREprocedures.

SectionIII

Departmentof Transportation Drug and Alcohol Testing Program

5–23.Objectives

The DOT alcohol and other DTP is designed to help preventaccidents and injuries resulting from the misuse of alcohol or the use ofcontrolled substances by drivers of commercial vehicles.

5–24.Applicability

The DOT rules at 49 CFR Part 382apply to all civilian corps members who drive commercial motor vehicles incommerce in any state and are subject to the commercial driver’s licenserequirements of 49 CFR Part 383.

(Definitions of DOT words and phrases used in this regulationare provided in the glossary, section II).

5–25.Safety-sensitive functions

The DOT rules apply to all on duty time that a driverperforms any safety-sensitive function as defined in 49 CFR 382. 107. (Refer toDA Pam 600–85 for a list of safety-sensitive functions).

5–26.Department of Transportation prohibited conduct and consequences

a.The DOT-prohibited conduct is listed in DA Pam 600–85 and isfurther described in 49 CFR Part 382, Subpart B.

b.Consequences of prohibited conduct are listed in 49 CFR Part382, Subpart E. Drivers who engage in prohibited conduct must be immediatelyremoved from safety-sensitive functions and cannot resume such duties unlessthey have met the requirements of 49 CFR 382.605. Additionally,supervisor/managers having actual knowledge that a violation has occurred areprohibited from permitting the driver to perform safety-sensitive functions.(See DA Pam 600–85 for additional guidance regarding the consequences of engagingin prohibited conduct.)

5–27.Department of Transportation categories of testing

a.Civilian corps member drivers to whom DOT testing rules applyare subject to testing under circumstances described in 49 CFR Part 382,Subpart C. These include the following six bases for alcohol and other drugtesting: preemployment testing; post-accident testing; reasonable suspiciontesting; random testing; follow-up testing; and returnto-duty testing. Whilesimilar to the DFW drug testing categories listed in paragraph 5–6 of thisregulation, DOT categories have different requirements (see DA Pam 600–85 formore information).

b.Eligibility for testing under the DOT requirements does notexempt the employee from the requirements for

testing under the auspices of the DHHS DFW regulations.

5–28.Department of Transportation testing procedures and required education andtraining

a.Civilian corps member drivers to whom DOT rules apply aresubject to the testing procedures identified in 49 CFR Part 40.

b.The DOT rules require supervisor training and drivereducation. Requirements are in 49 CFR 382.601 and 382. 603.

5–29.Department of Transportation frequency of random alcohol and other drug testing

Random testing of drivers for alcohol and other drugs willoccur at the minimum rates published in the Federal Register annually.

5–30.Specimen collection for Department of Transportation drug testing

Personnel who collect urinalysis specimens from civiliancorps members who are drug tested under DOT regulations perform duties that arecrucial to the integrity and success of the ASAP. They must be very carefullyselected, trained, and certified to perform their duties. On installations,these DOT drug test collectors are normally the DTC or an alternate DTC; however,other personnel may also collect DOT-regulated urinalysis specimens as long asthey meet the requirements specified in chapter 9 of this regulation. Thecollector must successfully complete required training and have met all thecollection requirements prescribed by DOT alcohol and other drug testingprocedures and rules in 49 CFR Part 40, Subpart B.

5–31.Medical review and the reporting of Department of Transportation drug testresults

a.The medical review serves as a critical safeguard in theurinalysis program to ensure that positive drug tests resulting from legitimatemedications and foods are not misinterpreted as illegal drug use. Alllaboratory results (positives and negatives) are forwarded to the MRO forreview.

b.Qualifications, duties, and responsibilities of the MRO arecontained in 49 CFR Part 40. (The DA Pam 600–85

contains medical review reporting procedures and additionalinstructions).

5–32.Alcohol testing

The IBAT will have been trained to proficiency in theoperation of the evidentiary breath testing device(s) and/or the nonevidentiarybreath testing devices used at the installation and the alcohol testingprocedure in 49 CFR Part 40.

5–33.Substance abuse professional evaluation, referral, and follow-up

The installation SAP will evaluate any employee/driver whohas engaged in prohibited conduct associated with alcohol misuse and/orcontrolled substance (drug) abuse. If the SAP determines that theemployee/driver needs assistance, the SAP will recommend a course ofrehabilitation and refer the individual to an appropriate rehabilitationresource. DOT rules also require that such an employee shall be subject tounannounced follow-up alcohol and drug testing. Evaluation, referral, andfollow-up requirements are provided in 49 CFR 382.605. Additional guidance isprovided in the DOT Substance Abuse Professional Procedures for TransportationWorkplace Drug and Alcohol Testing Programs, dated June 1995. (See DA Pam600–85 for instructions for the installation EAPC.)

5–34.Department of Transportation reporting requirements

a.Each Army installation, state and MSC shall prepare andmaintain an annual calendar year summary of the results

of its DOT alcohol and other DTPs.The information required is found in 49 CFR 382.403.

b.Each ADCO will ensure that a Form DOT F 1385 (U.S. Departmentof Transportation Drug and Alcohol Testing Manage Information System (MIS) DataCollection Form) is completed no later than 15 February of each year. Test dataare to be maintained for at least 5 years. ADCOs will promptly forward thecompleted Form DOT F 1385 to the Director, ASAP no later than 1 March of thatyear. The Director, ACSAP will summarize and analyze the IMCOM data and forwarda completed report to the Department of Human Services and to Office of theSecretary of Transportation, Drug Enforcement and Program Compliance.

5–35.Statistical management

a. To assess and manage the program, the ADCO mustcollect, maintain and analyze ASAP statistics, but must also

prevent the disclosure of personalinformation to unauthorized personnel. The ADCO will use these statistics to:

(1)Brief leaders about the status of their programs and highlightissues (for example, drug abuse trends, testingrates, discrepancy rates, and soforth) that need commanders’ or supervisors’ attention.

(2)Modify, as needed, the local ASAP training methods or channelsfor disseminating prevention information andmaterials.

b. The DTC will maintain the following statistics:

(1) Number ofpersonnel tested under DOT rules.

(2) Number ofDOT urinalysis specimens collected per reason for test.

(3) Number ofalcohol breath tests conducted per reason for test.

(4) The DOTpositive rates by drug.

(5) The DOTdiscrepancy rate.

(6) the DOTtesting rate.

Chapter 6 Civilian Corps Member, Family Member, and RetireeServices

This chapter specifies policies of the ASAP pertaining tocivilian corps members and their families, military Family members, andmilitary retirees and their Families. (Additional instructions and proceduralguidance are provided in DA Pam 600–85.)

6–1.Policy

a. Civiliancorps members should refrain from alcohol abuse and must refrain from illegaldrug use. Substance abuse is inconsistent with the high standards ofperformance, discipline, and readiness necessary to accomplish the Army’smission.

b. Reducingor eliminating alcohol and/or other drug misuse or abuse creates safe,healthful, productive, and secure workplaces. Civilian personnel will receive aminimum of 2 hours of prevention education per year. year in accordance withTRADOC Reg 350–70

c. Supervisorswill be encouraged to consult with the EAP, who helps employees with problemsthat may affect their job performance, attendance, and/or conduct. (The EAPprocedures and instructions are provided in DA Pam 600–85).

d. Civiliancorps members in appropriated and nonappropriated fund positions, military andcivilian Family members, and military retirees and their Family members will beoffered screening and/or referral services for rehabilitation for alcohol andother drug misuse/abuse related problems. They will also be offered screening,short-term counseling, and referral services for other nonsubstance abuserelated problems that may affect their job performance and/or wellbeing. Alsoeligible are nonuniformed OCONUS personnel who are eligible to receive militarymedical services, as well as some foreign nationals where Status of ForcesAgreements or other treaty arrangements provide for medical services.

e. TheASAP counseling services will be offered when resources are available.

f. Civilianemployees and Family members’ enrollment in ASAP rehabilitation is voluntary.

g. Civilianemployees have the option of participating in either the installation ASAPcounseling program, when

available, or being referred to anapproved program in the civilian community.

h. Wheneverpossible, an employee’s Family will be involved in rehabilitation asappropriate if the employee agrees

to and signs releases ofinformation for such involvement.

i. Civiliancorps members will be granted an approved absence to obtain counselingaccording to existing civilian

personnel regulations and localunion agreements.

j. Civiliancorps member performance appraisals will not mention current or past enrollmentin the ASAP.

k. AdolescentFamily members of Soldiers and civilian employees in OCONUS locations will beprovided substance

abuse prevention and counselingservices through a school-based centrally-funded contract.

l. Eligibilityfor EAP civilian services is in accordance with AR 40-400, section V.

6–2. Eligibility

ASAP civilian servicesare authorized within resource constraints for all civilian corps members inappropriated and nonappropriated fund positions, military and civilian Familymembers, and military retirees and their Family members. Also eligible arenonuniformed OCONUS personnel who are eligible to receive military medicalservices, as well as some foreign nationals where Status of Forces Agreementsor other treaty arrangements provide for medical services.

6–3.Purpose of the Employee Assistance Program

The Army’s EAP includes a wide variety of services forvarious adult living problems. These services are provided to enhanceproductivity and reduce absenteeism, promote safety on the worksite, and ensurethat the Army’s mission is accomplished in the most efficient manner. The EAPservices include but are not limited to screening, short-term counseling, andreferral for all adult living problems. Guidance, advice, mediation, andprevention education on a variety of topics promote the well-being of theemployee while supporting Army mission accomplishment. Supervisory services ofconsultation and mediation are provided to guide employees and managers inresolving issues that may impact on the productivity of the civilian workforce.Assistance to Family members of civilian employees is provided to assist Familymembers in resolving adult living issues, and enhancing the employee’s abilityto perform the duties of the worksite.

6–4.Evaluation and referral

Supervisors and management will refer civilian employeeswhose job performance, conduct, or attendance records may be indicative ofadult living problems requiring professional assistance to the installationEAPC. Supervisors will inform all civilian corps members who displayperformance and/or conduct issues that the EAP may help them address adultliving problems that have the potential to affect performance and conduct.Supervisors will market the EAP as a benefit of employment for all eligibleemployees, and that services are not dependent on worksite related problems.(See DA Pam 600–85 for evaluation and referral procedures by the EAPC.)

6–5. Clientcosts

a.The Army Federal Civilian Employee Health Services Programwill perform no direct charge medical evaluations

for civilian employees.

b.In overseas areas, medical treatment facilities willprovide partial inpatient care to civilians when they are eligible

for Army medicalservices.

c.The ASAP counseling centers may require all civilianclients, regardless of location, to provide information on their medicalinsurance as part of the enrollment process. This includes those eligible forTri-Service Medical Care or Third Party Coverage. Their insurance carriers maybe billed for services rendered. Clients will not be denied services solelybecause they do not have medical insurance coverage.

d.Civilian employees are responsible for all other costs.

6–6.Participation of Family members

Family members , including minor children, mayparticipate in all aspects of the ASAP except drug testing within capabilitiesof existing resources and to the extent they are eligible underparagraph 1-9. (Refer to DA Pam 600–85 concerning Familymembers’ participation in ASAP civilian services).

6–7.Confidentiality of civilian client records and information

a. The confidentiality anddisclosure of records of the identity, diagnosis, prognosis, prevention, orrehabilitation of any client maintained in connection with a Federal substanceabuse program is controlled by 42 USC 290dd-2 and 42 CFR Part 2. Generally,disclosure of such records is prohibited except under the followingcircumstances:

(1) The client hasconsented in writing in accordance with 42 CFR Part 2, Subpart C.

(2) Records arereleased to medical personnel to the extent necessary to meet a bona fidemedical emergency.

(3) Records arereleased to qualified personnel for the purpose of conducting scientificresearch, management audits,financial audits, or program evaluation. But suchpersonnel may not identify, directly or indirectly, any individual patient inany report of such research, audit, or evaluation, or otherwise disclosepatient identities in any manner. (4) If authorized by an appropriate order ofa court of competent jurisdiction granted after application showing good causetherefore, including the need to avert a substantial rush of death or seriousbodily harm. In assessing good cause the court shall weigh the public interestand the need for disclosure against the injury to the patient, to thephysicianpatient relationship, and to treatment services. Upon the granting ofsuch order, the court, in determining the extent to which any disclosure of allor any part of any record is necessary, shall impose appropriate safeguardsagainst unauthorized disclosure.

b.An employee does not have to be enrolled in the program inorder to be protected by the provisions of 42 USC 290dd-2 and 42CFR Part 2, aslong as the employee is considered a “patient”. A “patient” is defined in 42CFR 2.11 as “any individual who has applied for or been given diagnosis ortreatment for alcohol or drug abuse at federally assisted program.” The act ofrequesting assisted program for an alcohol or drug abuse problem places theindividual under the protection of these laws.

c.The confidential nature of counseling records of civilianemployees with alcohol or other drug problems will be preserved according toapplicable laws, rules, and regulations. In situations where a TDP employeediscloses to the EAPC the current use of illegal drugs or significant alcoholuse, and the employee has not given written permission to disclose theinformation, the EAPC must consult with the installation ADCO and the servicinglegal office without releasing identifying information of the TDP employee forguidance regarding disclosure to supervisory chain for purposes of determiningtemporary abeyance of TDP duties.

d.During the initial encounter, the client will be notified ofthe Federal confidentiality requirements and will be

given a written summary of theFederal laws and regulations. A sample notice can be found in 42 CFR 2.22.

e.Clients may have access to their own records, including anopportunity to inspect and copy any records that the program maintains aboutthe client. A client’s written request for such access, although not required,is encouraged.

f.Civilian ASAP and EAP records will be maintained inaccordance with 42 CFR 2.16; 49 CFR Part 382; AR 25–400–2; and the EAPCGuidebook. EAP files will be maintained at the ASAP for a period of 5years after file closure in accordance with the Army Records ManagementInformation System under Record Retention Number RN 600-85a2.

g.The Privacy Act of 1974 (As Amended) (5 USC 552a) alsoapplies to all information maintained in a system of

records retrievable to anemployee’s name or other personal identifiers.

h.Counseling records of any civilian being seen at the ASAPcounseling center for substance abuse rehabilitation will meet the requirementsof AR 40–66 and the Health Insurance Portability and Accountability Act (HIPAA)of 1996.

i.The ASAP substance abuse clinical records forcivilians will be maintained separate from other clinical records. EAPfiles will be maintained and secured (for example, in a secure room, lockedfile cabinet, or safe) separate from other administrative files.

6–8.Confidentiality of alcohol and other drug test result

a.Release of alcohol and/or other drug test results is governedby provisions of The Privacy Act of 1974 (As Amended) (5 USC 552a), and DOTregulations. Public Law 100–71, Section 503 (e) (5 USC 7301 note) furtherrestricts the release of drug test results.

b.The results of a drug test of a civilian employee may not bedisclosed without prior written consent of the

employee, unless the disclosurewould be— (1) To the employee’s MRO.

(2)To the administrator of any EAP in which the employee isreceiving counseling or treatment or is otherwiseparticipating.

(3)To any supervisory or management official in the employee’sagency having authority to take adverse personnelaction against the employee.

(4)Pursuant to the order of a court of competent jurisdiction whererequired by the Government to defend againstany adverse personnel action.

c.The FTDTL will release drug test results only to the MRO.

d.Alcohol and other drug test results may be released to appropriateArmy personnel for data collection and other purposes consistent with PL100–71, Section 503(f); DOT regulations on controlled substances and alcoholuse and testing; the DHHS Mandatory Guidelines for Federal Workplace DTPs; andother DA requirements. The disclosure may not include personal identifyinginformation on any employee.

e.In accordance with DOT regulations, employees subject to DOTregulations are entitled, upon written request, to copies of and access torecords relating to the employee’s use of alcohol or controlled substances,including records pertaining to their alcohol and controlled substance abusetest.

f.In accordance with PL 100–71, Section 503, Federal employeesare entitled, upon written request, to have access to any records pertaining totheir test and any records relating to the results of any relevant laboratorycertification, review, or revocation of certification proceeding.

6–9.Conflict of interest—Employee Assistance Program coordinator and civilian drugtesting issues

At installations where the EAPC is a separate position fromother drug testing roles (ADCO, DTC, and so forth), EAPCs will not take part inthe selection or collection process of civilian employee testing in support ofthe DFW to include DOT testing. It is a conflict of interest for the EAPC toconduct these activities or to have the ability to determine testing dates foraffected civilian employees. At installations where the EAPC is combined withother drug testing roles (ADCO, DTC, and so forth) the ASAP will develop amechanism whereby a neutral witness observes the selection method andspecimen collection process in accordance with DHHS guidelines forrandom civilian drug testing. The neutral witness must not be part of thetesting pool and will be approved by the installation SJA to ensure neutrality inall steps of the civilian drug testing process.

Chapter 7 Identification, Referral, and Evaluation

Generally, this chapter applies to Soldiers. It applies tocivilian corps members and Family members where noted.

SectionI

Methodsof Identification

7–1.Overview

The Army recognizes that substanceabuse and dependency are preventable and treatable. While self-ID is thepreferred method of ID, commanders are also responsible for identifyingSoldiers at risk and for referring them to the ASAP for evaluation by the counselingstaff and ordering them into the recommended intervention and rehabilitation.

a. Alcohol. Soldiers who abusealcohol shall receive the education, counseling, and rehabilitation servicesindicated by the severity of the abuse. Alcohol problems are effectivelyaddressed in most cases through engaged leadership, immediate intervention, anddiscipline as appropriate, education, counseling and rehabilitation. Theprimary function of the ASAP rehabilitation program is to return the abuser tofull duty status with a positive, productive, and healthy lifestyle. Soldiersdiagnosed with alcohol abuse or dependencies are permitted one period ofrehabilitation for an alcohol incident per career. A company commander mayrecommend a second period of rehabilitation for a Soldier if the commanderevaluates that Soldier as possessing exceptional potential for further usefulArmy service and is evaluated by the ASAP counseling staff as appropriate foranother period of rehabilitation. Any alcohol incident after two periods ofrehabilitation during a career is viewed as a failure to successfully completerehabilitation and requires mandatory processing for administrative separation.

(1) Preventiontraining, such as ADAPT, is not considered rehabilitation for administrative separationpurposes.

(2) Soldiersreferred for reasons that do not include an alcohol-related incident mayreceive a second period ofrehabilitation at any time during their career.

b. Other Drugs. All Soldiers, to include ARNG andUSAR Soldiers ordered to AD, under Title 10 USC, who are

identified as drug abusers,without exception, will be referred to the ASAP counseling center forevaluation.

(1) Nondependentdrug users will be enrolled in the ASAP if such enrollment is clinicallyrecommended.

(2) Soldiersdiagnosed as drug dependent should be detoxified and given appropriate medicaltreatment. TheseSoldiers generally do not have potential for continued militaryService and should not be retained. These Soldiers will be referred to a VAhospital or a civilian program by the ASAP counselor to continue (or toinitiate) their rehabilitation.

7–2.Methods of identification

a. Early ID is a critical aspect of the ASAPintervention process. ID occurs through a variety of methods—

(1) Voluntary(self) ID.

(2) CommandID.

(3) Drugtesting ID.

(4) Alcoholtesting ID.

(5) MedicalID.

(6) Investigation/apprehension.

b. Commands will identify Soldiers as drug abusersbased upon evidence provided by these methods.

7–3.Voluntary (self) identification

a.Voluntary (self) ID is the most desirable method ofdiscovering alcohol or other drug abuse. The individual whose performance,social conduct, interpersonal relations, or health becomes impaired because ofthe abuse of alcohol or other drugs has the personal obligation to seekrehabilitation. The Soldier’s unit commander must become involved in theevaluation process. Command policies will encourage Soldiers and civilian corpsmembers to volunteer for assistance and will avoid actions that would discouragethese individuals from seeking help. Normally Soldiers with an alcohol or otherdrug problem should seek help from their unit commander; however, they mayinitially request help from their installation ASAP, a MTF, a chaplain, or anyofficer or NCO in their chain of command. If a Soldier initially seeks helpfrom an activity or individual other than his or her unit commander, theindividual contacted should immediately notify the Soldier’s unit commander andinstallation ADCO. The Limited Use policy will apply when Soldiers seek helpfrom any of the listed personnel or organizations.

b.In situations where a Soldier reveals to a chaplain that heor she is abusing or has abused alcohol or a drug, privileged communicationcould limit a chaplain from notifying a Soldier’s unit commander. However, theSoldier may waive the communication privilege and allow the chaplain to informthe unit commander. This is required for a commander to enroll the Soldier inASAP. If the Soldier does not waive his or her privilege, the chaplain wouldinform the Soldier that:

(1) Professionalalcohol and drug rehabilitation counseling is available through the ASAPcounseling services.

(2) Thechaplain cannot assist the Soldier’s entry into the ASAP without going throughthe member’s unitcommander.

c.ID resulting from a Soldier seeking emergency treatment foran actual or possible alcohol or other drug overdose, not subsequent to atraffic accident or criminal offense, is considered to be a variation ofvolunteering. For reporting purposes, such cases will be classified as selfreferral.

d.The Limited Use Policy restricts the consequences of theSoldier’s involvement in the ASAP (see paras 10–12 through 10–14). Theseprovisions are unchanged by the mandatory initiation of separation processingof drug abusers, and such separation processing must comply with the provisionsof limited use and AR 600–8–24 and AR 635–200.

e.A Soldier may seek assistance from other agencies forproblems associated with Family members in which the Soldier’s abuse of alcoholor other drugs is a factor. Every effort will be made to ensure that thoseagencies (for example, military or civilian services) are aware of the ASAPservices and procedures (for example, mandatory command involvement) forreferral to the ASAP counseling center for an initial evaluation.

f.Civilian employees and Family members voluntarily seekingassistance for alcohol and other drug abuse problems will be offered EAPevaluation and/or referral services to the ASAP counseling program, ifresources permit, or to rehabilitation programs off the installation (see para6–5 of this regulation).

7–4.Commander/supervisor identification

a.Commander/supervisor ID occurs when a commander/supervisorobserves, suspects, or otherwise becomes aware of an individual whose jobperformance, social conduct, interpersonal relations, physical fitness, orhealth appears to be affected adversely by suspected abuse of alcohol or otherdrugs.

b.Soldiers who are identified as abusers or suspected abuserswill be processed by their unit commander or designated representative inaccordance with paragraph 7–9 of this regulation and referred to the ASAPcounseling center for an evaluation.

c.Civilian employees identified through their supervisors ashaving problems that impact the work site will be

referred to the EAP for an evaluation. Supervisors willfollow procedures indicated in DA Pam 600–85.

7–5.Drug testing identification

a. Drugtesting ID is accomplished through urinalysis, which is discussed in detail inchapter 4 of this regulation for Soldiers and in chapter 5 for civilianemployees.

b. AnySoldier identified as an illegal drug abuser through drug testing requires amandatory referral to the ASAP

counseling center for evaluationwithin 5 duty days of receipt of the validated positive drug test results.

c. Anycivilian employee identified as an illegal drug abuser through drug testingrequires a mandatory referral to

the EAP for an evaluation in accordance with DA Pam 600–85.

7–6.Alcohol testing identification

a. Alcoholtesting ID is accomplished through alcohol breath or blood testing which isdiscussed in chapter 3 of this

regulation.

b.Any Soldier on duty whose alcohol breath or blood test resultindicates alcohol impairment as discussed in paragraph 3–2 of this regulationrequires a mandatory referral to the ASAP counseling center for evaluationwithin 5 duty days of receipt of the test result.

c. Anycivilian employee subject to the DOT breath testing for employees performingduties requiring a commercial driver’s license will require a mandatoryreferral to the ASAP SAP for evaluation if the confirmed alcohol test result is0.04 percent or higher. Supervisors will follow procedures outlined in DA Pam600–85, if confirmed alcohol test is 0. 02 percent or higher.

7–7.Investigation/apprehension identification

A Soldier‘s alcohol or other drug abuse may be identifiedthrough military or civilian law enforcement investigation and/or apprehension.The unit commander will refer the Soldier to the ASAP counseling center for aninitial evaluation within 5 duty days of notification of apprehension of theSoldier for apparent alcohol or other drug abuse. Referral for evaluation orenrollment does not interfere with or preclude pending legal or administrativeactions in any way.

7–8.Medical identification

a. During routine or emergencymedical treatment, a physician or health care provider may note apparent alcoholor other drug abuse. In such instances, the physician or health care providerwill refer the individual to the ASAP counseling center, using a SF 513(Medical Record – Consultation Sheet). If the patient is a Soldier, thephysician will immediately notify the Soldier’s unit commander of the referral.

(1) If a Soldier reveals, as part of aroutine medical screening with a physician or other health care provider, hisor her personal abuse of alcohol or other drugs, the health care provider willevaluate further, with possible ASAP referral for in-depth evaluation andrehabilitation. The revelation of personal abuse, by itself, will not subjectthe individual to adverse administrative action. Urinalysis which may followsuch disclosure will be covered under the Limited Use Policy. The health careprovider will provide information about the Soldier’s alleged alcohol or otherdrug use immediately to the commander should it appear that any of thefollowing conditions exist:

(a) Theabuse by the Soldier is current.

(b) Impairedjudgment is evident.

(c) Potentialdanger to others exists as a result of alcohol or other drug use (for example,Chemical or Nuclear Surety Programs, aviator).

(d)Drug use subjects the individual to potential risk ofcoercion by others as a result of drug use or related activities. (For example,abuser holds a Top Secret security clearance.) Drug use impactsthe Soldier’s judgment, reliability, or trustworthiness to protect classifiedinformation.

(2) If a physician or other health careprovider notes possible alcohol or other drug abuse during routine or emergencymedical screening of a civilian employee or Family member, the physician orhealth care provider will strongly recommend to the individual that they seethe EAPC or Adolescent Substance Abuse Counseling Service counseling center forevaluation and referral to available community resources.

b. The evaluation, ID and referralof health care providers with substance abuse related problems are verysensitive issues. Health care providers are responsible for helping to identifyand refer to the Impaired Health Care Provider Program any colleague whoseperformance is impaired by alcohol or other drugs. All health care providerswill be responsible for reporting any suspicious alcohol or other drug relatedproblems to the Impaired Health Care Provider Committee or Deputy Commander forClinical Services. The medical commander will manage the potentially impairedprovider through the Impaired Health Care Provider Committee established per AR40–68, chapter 11.

SectionII

Referralsfor Military Personnel

7–9.Command responsibilities for referring Soldiers

a. When Soldiers are identified as probable alcohol orother drug abusers the unit commander or designated

representative must—

(1)Coordinate with law enforcement about whether the commander ordesignated representative should conduct theinitial interview of the alcohol ordrug abuser.

(2)When the unit commander believes the Limited Use Policy applies,the unit commander should consult with theADCO and supporting legal advisor.The unit commander may then explain the Limited Use Policy, if applicable tothe particular circumstances.

(3)If law enforcement does not initiate an investigation, thecommander may wish to investigate suspectedmisconduct through a commander’sinquiry, AR 15–6 investigation, or other appropriate method after consultingwith the legal advisor.

b.The unit commander will refer individuals suspected oridentified as alcohol and/or other drugs abusers, including those identifiedthrough drug testing (except those determined to be legitimate medical use bythe MRO) and /or blood alcohol tests, to the ASAP counseling center forscreening. Soldiers impaired by alcohol as described in paragraph 3–2 of thisregulation while on duty will be referred to the ASAP counseling center for theinitial evaluation. Soldiers who are referred by the unit commander for evaluation,regardless of the means of ID, will be referred using DA Form 8003, which thecommander must sign.

c.Positive drug test results for illicit use and lawenforcement citations for alcohol and other drug abuse are ID sources thatrequire mandatory referral to the ASAP counseling staff. Commanders must referSoldiers who receive such drug test results or legal citations within 5 dutydays of receipt of the notification.

7–10.Self referrals

The ASAP counseling staff will conduct an initial interviewwith all eligible personnel who self-refer to the ASAP counseling center forassistance. During the initial interview, the counselor will advise the Soldierof the unit commander’s role in the referral, evaluation and rehabilitationprocess, or other disposition, explain Limited Use Policy, and provideinformation about ASAP services. If, after the initial interview, furtherservices are warranted, the ASAP counselor will contact the unit commander andcoordinate the Soldier’s formal referral using DA Form 8003, which will besigned by the unit commander and be annotated as a self referral. The commanderwill be a part of the rehabilitation program and, as a member of theRehabilitation Team, will be directly involved in the decision of whetherrehabilitation is required.

7–11.All other referrals

In addition to referrals from medical or law enforcementagencies, other sources (for example, military chaplains) may identify or referSoldiers suspected of alcohol or other drug abuse. Referrals from sources otherthan command, medical, investigation and/or apprehension sources will behandled in the same manner as self referrals.

SectionIII

EvaluationProcess for Military Personnel

7–12.Screening/evaluation

a.An in-depth individual biopsychosocial evaluation interviewwill be conducted with all individuals who are either referred for evaluationor who voluntarily seek assistance. The ASAP counselor will explain the LimitedUse Policy. The evaluation will be conducted by a member of the ASAP counselingstaff and will be completed within 12 duty days of the referral. Command inputinto the evaluation is essential.

b.Individuals with an emergency referral, as determined by thecounseling staff, will receive priority when scheduling biopsychosocialevaluation interviews. CDs must have a written SOP that allows fordetermination of emergency cases at the time of the client presentation forevaluation services.

c.The counselor, in consultation with the commander, will be responsiblefor evaluation decisions. Evaluation decision disagreements between thecounseling staff and the commander will be resolved jointly by the firstcolonel in the Soldier’s chain of command and the MTF commander, who has thefinal authority.

d.If a unit commander believes a Soldier does not havepotential for future service, the Soldier will be processed for administrativeseparation in accordance with AR 600–8–24 or AR 635–200, as appropriate. Ifrehabilitation services are indicated, the Soldier will be provided servicesuntil separation.

7–13.Medical evaluation

a. Medicalevaluation is required in cases of suspected alcohol or other drug dependenceand all cases prior to entry

into residential or inpatienttreatment.

b. Theunit commander, supervisor, CD, counselor or Soldier may request a medicalevaluation by a physician at

any time to determine the extent of alcohol or other drugabuse.

7–14.Rehabilitation team

The rehabilitation team will convene a face to face meeting,unless prevented by operational necessity, as soon as possible after the ASAPcounseling staff has completed the individual biopsychosocial assessment andfinalized the evaluation summary. The purpose of the team is to review theresults of the evaluation summary and to develop rehabilitation options. Theteam will be composed of the Soldier, the unit commander and/or first sergeant,the ASAP counseling staff, and others as appropriate. The ASAP counselor willrecommend to the commander the appropriate disposition of the referral with inputof the rehabilitation team. Any of the following actions will be recommended:

a. Counselingby the unit commander or the commander’s designated representative.

b. Referralto other agencies (for example, military chaplains, marriage counselors,behavioral health activity,

Alcoholics Anonymous (AA) and soforth)

c. NoASAP services required at the present time.

d. Referralto ADAPT. (See para 9–13 of this regulation for a description of ADAPT.)

e. Enrollmentin ASAP rehabilitation, Level I or Level II.

Chapter8 Rehabilitation

SectionI

Introduction

8–1.General

a. The unit commander’s attitude anddirect involvement are critical in the Soldier’s successful rehabilitationprocess. Command support must be positive and clearly visible. The commandermust be aware of the Soldier’s immediate problem identified during thebiopsychosocial evaluation and be familiar with the counseling strategies andgoals addressed in the rehabilitation plan. In support of the rehabilitationprocess, the commander must:

(1) Havea full understanding of the various program elements within the ASAP.

(2) HelpSoldiers cope with the environment in which they are expected to function andsupport Soldiers’ efforts toavoid relapse.

b.Rehabilitation begins with good leadership, management, andcommand counseling. Initial efforts should begin with counseling by thecommander or, in the case of civilian employees, with counseling by thesupervisor for jobrelated issues that are impacted by the Soldier’s oremployee’s alcohol or drug abuse.

c.In some instances, special expertise is required to bringabout desired changes in a Soldier’s performance or conduct. The commander mustprovide the ASAP counseling staff with as much information as possibleregarding the Soldier’s behavior, involvement with alcohol and/or other drugs,and other signs and symptoms that suggests an alcohol or other drug abuseproblem.

8–2.Rehabilitation objectives

a. The objectives of the rehabilitation program formilitary personnel are to—

(1)Return Soldiers to full duty as soon as possible.

(2)Identify Soldiers who cannot be rehabilitated within the scope ofthis regulation and to advise their unitcommanders of that.

(3)Assist and refer Soldiers who cannot be rehabilitated in the ASAPto a rehabilitation facility in the vicinitywhere they reside after dischargefrom the Army.

(4)Help resolve alcohol and other drug abuse problems in the Family,with the ultimate goal of enabling the Soldierto perform more effectively.

b. For civilian employees, the primary objective isto restore civilian employees with job performance problems to

effective duty performance.

8–3.Rehabilitation team concept

a.Soldiers. In the interest of developing the bestrehabilitation program for the Soldier, the ASAP counselor will employ therehabilitation team concept. The rehabilitation team membership will includethe Soldier, the unit commander and/or first sergeant, the ASAP counselingstaff, and others as appropriate. A record of the team’s face to face meetings,discussions, and decisions will be maintained in the ASAP client record. Therehabilitation team will ensure the compatibility of the rehabilitation planwith the mission requirements of the Soldier’s unit or organization.

b.Civilian employees. The rehabilitation team conceptwill only be used for civilian employees if the employee has given consent toinvolve the supervisor by signing DA Form 5017 (Civilian Employee ConsentStatement) (see DA Pam 600–85).

c.Family members. The rehabilitation team concept doesnot apply.

8–4.Rehabilitation program elements

The ASAP rehabilitation program is comprised of fourfundamental operating elements. It is essential that careful coordination andopen communication between these elements be maintained to ensure the smoothtransition of the individual through the rehabilitation process. The fourelements are—

a. IDand referral.

b. Individual,comprehensive biopsychosocial assessments, and command consultation. c. Rehabilitationand follow-up.

d. Mandatory monthly rehabilitation alcoholand drug testing for all Soldiers enrolled for rehabilitation. (Increasedfrequency, if needed, will be determined by the rehabilitation team.) Drugtesting frequency will be included in the Soldier’s rehabilitation plan.

SectionII

RehabilitationProcedures

8–5.Referral methods, biopsychosocial evaluation, and rehabilitation determination

a.Soldiers may seek program information anonymously. However,should an evaluation be necessary, the unit

commander will be notifiedimmediately (see para 7–9 of this regulation).

b.Referred individuals will undergo an individual,comprehensive biopsychosocial evaluation. It will be completed

within 12 working days from thedate of the referral (date of receipt of DA Form 8003).

c.After the biopsychosocial evaluation has been completed, therehabilitation team will meet to determine what rehabilitation approach willbest meet the needs of the Soldier or the civilian employee, when applicable(see para 8–3, above).

d.If enrollment in the ASAP is required, the frequency, lengthof counseling sessions, and level of rehabilitation will be discussed anddetermined by the rehabilitation team. In the event of disagreement between thecommander and the rehabilitation team regarding rehabilitation approaches, theMTF commander has final authority (see para 7–12c of this regulation).

8–6.Rehabilitation Program

The rehabilitation program is based upon the severity of theindividual’s involvement with substance abuse and may provide individual,group, and/or Family counseling on a nonresidential (Level I) or partialinpatient/residential (Level II) basis. Program design allows for flexibilityand offers a wide variety of rehabilitation modalities structured to meet bothindividual needs and Army requirements for effective duty performance.Modalities are structured within the scope of individualized, short-termrehabilitation. Placement in Level I or Level II is based upon American Societyof Addictive Medicine criteria regarding the severity of impairment.Additionally, the ADAPT is an option, though not a part of the rehabilitationprogram itself. (Refer to para 9–15 of this regulation for ADAPT information.)

8–7.Rehabilitation levels

a.Level I, nonresidential/outpatient rehabilitation. Thisprogram provides individual, group, or Family counseling on a nonresidential oroutpatient basis. In addition, the education sessions of ADAPT are available,as necessary. Enrollment in this level will be for a minimum of 30 days andwill not exceed 360 days. Enrollment requires an appropriate medicalassessment/evaluation by a physician when the CD suspects substance abusedependency. A medical evaluation can be requested at any time during theevaluation or rehabilitation process for any client who is eligible for DODmedical services. When a CD documents signs or symptoms of suspecteddependency, the MTF must provide access to a physician for the evaluation. Theclient may be transferred to Level II or referred to another agency at any timeduring Level I rehabilitation.

b.Level II, partial inpatient/residential treatment Thislevel provides an intensive partial residential treatment program of varyinglengths. Following completion, Soldiers are involved in a mandatory,nonresidential follow up period for a total rehabilitation period of 1 year. Inthe case of deployed Soldiers, the total rehabilitation time will be 1 year,insofar as deployment allows. Initial treatment is provided under medicalsupervision in a partial residential treatment facility setting. This level isdesigned for individuals who cannot respond favorably to outpatient treatmentor who have a long-standing history of alcohol or other drug dependency. Thedecision to enter a client into Level II is made by a physician in consultationwith other rehabilitation team members. The partial residential phase oftreatment is the direct responsibility of the MEDDAC/MEDCEN commander; however,Level II remains an integral part of the ASAP and operates in accordance withthe provisions of this regulation and applicable medical regulations. Allclient accountability and reporting is done by the referring ASAP counselingstaff of the client. Referring ASAP counselors are required to remain incontact with and monitor progress of clients who have been referred from theirASAP to the partial residential program. When a client is referred directly toa partial residential program or a full residential inpatient program (withoutresponsible ASAP staff knowledge), it is the responsibility of the unitcommander to ensure that the client’s servicing ASAP has been notified and thatall administrative information is provided for the client’s enrollment in theASAP. Normally, all referrals to the residential treatment facility will becoordinated through the installation ASAP CD. A medical evaluation is requiredprior to placement in Level II and again before release from the residentialphase of Level II.

8–8.Standards for transfer to Level II, partial inpatient/residential treatmentprograms

Partial residential programs are located at Eisenhower ArmyMedical Center, Tripler Army Medical Center, and Landstuhl Army Medical Center.All referrals for evaluation and residential treatment for substance abuse willhave a medical evaluation coordinated by the CD and CC or other physician,dependent upon apparent urgency and local resources, but no later than 24 hoursafter the referring ASAP’s initial presentation to the residential/inpatientprogram. The CC will develop a SOP document, per the most current JointCommission on Accreditation of Healthcare Organizations standards, describingcircumstances under which a medical evaluation will be conducted. A physicianwill conduct a medical evaluation for initial and interval screening forevidence of toxicity and withdrawal. Medical management of drug toxicity andwithdrawal is a critical element of substance abuse treatment. The attendingphysician will determine the time necessary for detoxification. No individualwill be medically evacuated who has not been completely detoxified. Wherenecessary, consultation and/or transfer to specialized levels of care must bereadily available. The counseling practice guidelines will include writtenmulti-disciplinary agreements as the preferred method for such consultations ortransfers.

(Video) Army Substance Use Disorder Clinical Care SUDCC Board Questions

8–9.Goals of rehabilitation

The rehabilitation goals are to be based on thebiopsychosocial evaluation with the production of an individualizedrehabilitation plan which is formulated, written and periodically re-assessed.These goals may range from short-term goals to long-term goals. Some examplesinclude:

a. Briefabstinence to enable safe medical treatment or to enable the feasibility ofmore extensive sobriety or to

enable better assessment of thelevel of rehabilitation needed.

b. Abstinenceof sufficient length to achieve clarity of thinking and concentration and todetermine the client’s need

for more extensive rehabilitation.

c. Life-longabstinence as a long-term goal.

8–10.Informed consent

Informed consent refers to the process of making the clientaware of the proposed rehabilitation services, the risks and benefits ofrehabilitation, rehabilitation alternatives, and the risks of rehabilitationversus no rehabilitation.

8–11.Biopsychosocial evaluation

A comprehensive biopsychosocial assessment will be used todetermine the extent of alcohol and other drug abuse and the level ofrehabilitation required. Critical to this assessment is the provision by theclient of written permission for the release of information, so that otherviewpoints of the client’s general behavior and substance abuse patterns may bemade available to the ASAP counseling staff, thereby minimizing the risk ofdistortion of information critical to the evaluation.

8–12.Initial medical screening

This process begins with the ASAP counseling staff. Thecounselor refers a client for medical screening if there is reason to believethat the individual may need medical care for dependency, detoxification,active suicidal ideation or other medical needs. The CC will determine thecriteria for initial medical screening by the ASAP counseling staff and whatmedical provider is most appropriate for performing the next level of medicalscreening. A case review with the CC (or their designated medical personnel)will be included for any client that the CD has determined to have medicalneeds. If no physician is available on the installation, the CD will refer theSoldier to the nearest MEDCOM-approved physician. Geographically remote unitsshould contact the nearest installation CD for guidance.

8–13.Rehabilitation progress

a. The unit commander, in consultation with theother members of the rehabilitation team, determines rehabilitation

progress using the followingfactors:

(1) Conduct,duty performance, and relationships with co-workers.

(2) Furtherincidents of alcohol or other drug abuse.

(3) Motivationto overcome alcohol or other drug abuse problems.

b.If the unit commander determines that conduct, dutyperformance, and progress are unsatisfactory, and that further rehabilitationefforts cannot be justified, they will initiate a discharge from militaryService. ASAP counseling services will be provided until the Soldier isseparated. Referral to VA services will be offered.

c.This paragraph does not apply to Family members. For civilianemployees who have authorized their supervisor’s participation in arehabilitation team, only duty performance will be used by the rehabilitationteam to assess progress.

8–14.Frequency of counseling

The type and frequency of counseling sessions variesdepending upon the individual’s need. For Soldiers, it will be determined bythe rehabilitation team. For civilian employees and Family members, it will bedetermined by the counseling staff in consultation with the client.

8–15.Relapse

If a relapse occurs during rehabilitation, the counselor willpromptly notify the unit commander. The rehabilitation team will then determinean appropriate course of action. Relapse occurrences of civilian employees andFamily members will be assessed by the counseling staff in consultation withthe client.

8–16.Re-enrollment

a.Only under extraordinary conditions will the Soldier bereenrolled (see para 7–1 of this regulation). Reenrollment in the ASAP requirescompletion of a termination DA Form 4466 (Patient Progress Report (PPR)) and anew DA Form 4465 (Patient Intake/Screening Record (PIR)) for enrollment.

b.The counseling staff, in consultation with the client, willevaluate on a case-by-case basis, re-enrollment as a

credible option for civilian employees and Family members.

8–17.Appointments

a.Rehabilitation success is enhanced by the Soldier’suninterrupted participation in counseling. Consistent with missionrequirements, unit commanders will ensure that the Soldier’s rehabilitationplan is followed. The counseling appointment at the ASAP will be considered theSoldier’s appointed place of duty. Appointments will be scheduled so as not tointerfere with the Soldier’s duty requirements, in so far as possible.Counselors may schedule appointments during duty and nonduty hours, asresources permit. When Soldiers are engaged in field exercises that conflictwith the counseling appointments, the unit commander or first sergeant willnotify the counselor of the impending field exercises. The counselor willreschedule to accommodate the field training. Only the commander or firstsergeant can cancel an appointment.

b.Counseling appointments for civilian employees and Familymembers will be scheduled to meet client and

counseling staff schedules.

8–18.Return to duty

To facilitate a return to dutyfollowing rehabilitation, the Soldier’s unit commander must:

a. Assignduties commensurate with abilities, experience, and MOSs.

b. Requirecompliance with the same standards of performance and behavior expected ofother Soldiers. c. Provide positive support.

d. Encourage the Soldier to participate in therecommended rehabilitation follow-up plan.

8–19.Self-help groups

a. Aspart of the rehabilitation plan, the Soldier will be encouraged to attend andparticipate in AA and/or other selfhelp groups. The rehabilitation plan willspecify an appropriate number of meetings per week the client will beencouraged to attend. Under no circumstances will self-help groups be requiredto provide the names of members.

Participation in a self-helporganization cannot be used as the sole criterion for rehabilitation success orfailure.

b. Unitcommanders and ASAP staff should become familiar with self-help organizations.

c. Installationsmay facilitate the formation of self-help organizations on militaryinstallations and provide assistance

as appropriate

8–20.Unacceptable rehabilitation modalities

a. Methadonemaintenance will not be used.

b. Useof Disulfiram (Antabuse) will not be mandatory.

8–21.Counseling staff standards/competency

a.The ASAP clinical providers will have a master’s degree insocial work or psychology from a regionally accredited university and a stateissued independent license, as well as have passed an examination administeredby an Army approved certifying body that provides certification in substanceabuse rehabilitation. The ASAP clinical provider will performscreening/assessment, provisional diagnostics, treatment planning/delivery, andafter-care of individuals impaired by substance abuse. These efforts in rehabilitatingSoldiers assist the Army through manpower conservation, mission readiness, andenvironmental safety.

b.The ASAP clinical providers will have a minimum of amaster’s degree in social work or psychology from a regionally accrediteduniversity, and will have passed an examination administered by anArmy-approved certifying body that provides certification in substance abuserehabilitation, as well as a state independent licensing examination in thediscipline in which they matriculated at the independent provider level. Note:Licensed Marriage Family Therapists may be accepted if the applicant has atleast 60 graduate hours in psychology. They must also have special training, aminimum of 1 year full-time experience in substance abuse rehabilitation, andmust adhere to the ASAP Clinical Code of Ethics. Both counselors and ClinicalDirectors must have current competence, as defined by the Joint Commission onAccreditation of Healthcare Organizations in substance abuse rehabilitation.Clinical Director candidates must also have a minimum of 1 year’s programmanagement experience. Note: ASAP counseling positions require a minimum of 2years’ sobriety or post-rehabilitation period. Appointments or placements aresubject to prior approval by an addiction medicine specialist at the RegionalMedical Command or the Army Medical Command. Review of the packet and otherrecords will determine whether the applicant had substance abuse, ethicalinfractions, or other disqualifying actions in the past 2 years. Forwarded recommendationswill be accompanied by the completed pre-employment verification package (seeAR 690–300). In addition to new hires, pre-employment verification proceduresalso apply to transfers from other agencies, assignments within the Army,Priority Placement Program placements, and any other situation where personnelare assigned clinical ASAP duties. The ASAP clinical providerswill be credentialed as provided in AR 40-68. See specific requirements forCategories I-IV on the current substance abuse credentialing DA Form 5440-58(Delineation of Clinical Privileges—Substance Abuse Rehabilitation). Inaccordance with applicable medical regulations, USAMEDCOM will periodicallyreview credentials of all ASAP counseling staff. ASAP clinical providers must adhereto the ASAP Clinical Code of Ethics.

c.See specific requirements for Categories I–IV on thecurrent substance abuse credentialing DA Form 5440–58 (Delineation of ClinicalPrivileges – Substance Abuse Rehabilitation).

d.In accordance with applicable medical regulations,USAMEDCOM will periodically review credentials and all ASAP counseling staff.

e.CDs will assess the skills and training needs of eachcounseling staff member and prepare individual development plans. These planswill identify the skill needs of each member and will outline the steps plannedto enhance the identified skills.

SectionIII

Detoxification

8–22.General

Detoxification involves the medical management of thewithdrawal from alcohol or other drugs. The decision to hospitalize the Soldieris a medical decision. The unit commander will maintain contact with theSoldier undergoing detoxification and will participate in the detoxificationeffort when appropriate.

8–23.Line of duty determination

During detoxification, a line of duty determination is notrequired. One exception would be if a physician determined a patient to beincapacitated for more than 24 hours. In such cases, the determination will be“Not in Line of Duty Due to Own Misconduct” only for the period of actualincapacitation. (Refer to AR 600–8–4.)

Chapter9 Prevention, Education, and Training

SectionI

General

9–1.Alcohol and other drug abuse prevention, education, and training objectives

a. The objectives of alcohol and other drug abuseprevention are to:

(1) Prevent,deter, and reduce alcohol and other drug abuse.

(2) ProvideSoldiers with substance abuse prevention and awareness training to include at aminimum the following: (a) The ASAP policies and services.

(b) Consequencesof alcohol and other drug abuse.

(c) Incompatibilityof alcohol and other drug abuse with physical and mental fitness, combatreadiness, Army Values, and the Warrior Ethos.

b. Train, sustain and improve theskills, proficiency, and professionalism of garrison and counseling ASAPstaffs, MROs, and UPLs through:

(1) Initialeducation and training courses

(2) Certificationcourses.

(3) Professionaldevelopment training programs.

(4) Supportand encouragement for the professional certification of PCs and EAPCs.

9–2.Definitions

a.Prevention. Alcohol and other drug abuse preventioninclude all measures taken to deter and reduce the abuse or misuse of alcoholand other drugs to the lowest possible level. Prevention for readiness involvesthe commitment of command resources, policies, installation organizations, and communitymembers to create and foster conditions that promote mission readiness andenhance Army well-being.

b.Education and Training. Education is instruction withincreased knowledge, skill, and/or experience as the desired outcome for thestudent. This is in contrast to training, where a task or performance basis isused and specific conditions and standards are used to assess individual andunit proficiency (see AR 350–1). Awareness training is training used todisseminate information that provides an individual with the basicknowledge/understanding of a policy, program, and system.

9–3.Policy

a. Preventionefforts will be tailored to diverse groups and integrated with othermission-related efforts.

b. Preventioninitiatives will emphasize cooperation and partnerships with the installationand local communities and

encourage military involvement inlocal civilian community alcohol and other drug prevention efforts.

c. Educationand training programs must include information on the effects and consequencesof alcohol and other drug use. These programs must also include informationdescribing which counseling and other substance abuse services are available atthe installation.

d. Alcoholdeglamorization is an essential element of the Army prevention program.Marketing and promotion of practices, which glamorize alcohol use, areprohibited. All members of the military community will be provided with theinformation needed to make responsible decisions about personal use of alcohol.

e. Commandersand supervisors must be provided with the information and skills they need toenable early ID of

substance abusers.

f. Alcoholand other drug abuse education will be conducted throughout the Army TrainingSystem.

g. Alcoholand other drug abuse instruction will be compatible with the indoctrination ofrecruits in the standards of

discipline, performance, andbehavior.

h. Leadersat all levels will support readiness through installation-wide preventionefforts.

i. TheACSAP will develop and distribute training support materials and preventionproducts to the garrison ASAPs. Training products will be updated periodically,be consistent with Army policy and be automated and capable of beingelectronically delivered whenever possible.

j. TheUSAMEDCOM, through the Army Medical Department Center and School(AMEDDC&S), will develop and offer training modules for ASAP counselingpersonnel. Training products will be updated periodically, be consistent withArmy policy, and be automated and capable of being electronically deliveredwhenever possible.

SectionII

ArmySubstance Abuse Program Staff and Unit Prevention Leader Training, ProfessionalDevelopment and Certification

9–4.Department of the Army sponsored Army Substance Abuse Program staff training

a.The Director, ASAP is responsible for developing theprofessional development training of the ASAP garrison

staff and will manage lifecycletraining through the Army Civilian Education System.

b.The Director, ASAP is the proponent for ADCO, EAPC, PC, RRPC,DTC and UPL training, and will develop a budget for all garrison trainingrequirements with input from the IMCOM. The Director, ASAP will publish atraining schedule annually, which includes complete course descriptions andeligibility criteria.

c.The garrison commander is responsible for resourcing theprofessional development training of all ASAP garrison positions. USAMEDCOMthrough the AMEDDC&S is responsible for the professional developmenttraining of all ASAP counseling positions.

d.The ASAP personnel will attend additional appropriateprofessional development training as directed by IMCOM, Workforce Development.

9–5.Army Substance Abuse Program staff training certifications

a. Professional and Army certifications—

(1) Establisha minimum level of competency for quality service provided by ASAP staffmembers and UPLs.

(2) Giveprofessional recognition to assigned positions.

(3) Assureprofessional development for PCs, RRPCs, EAPCs, and suicide prevention programmanagers.

b.Alcohol and Drug Control Officer. The ADCOs will attend theASAP Program Manager course within the first

year of assuming the ADCO duties,and must complete the refresher course every 3 years thereafter.

c.Newly hired EAPCs must attain CEAP status through theEmployee Assistance Certification Commission established by the EmployeeAssistance Professionals Association within 3 years of assuming their duties. TheEAPCs who occupied their current positions on the date this regulation waspublished must gain CEAP status within 4 years of when they assumed theirduties.

(1)This requirement will be written into the employee’s jobdescription and be a condition of employment.

(2)Individuals will be responsible to apply for certification andtraining and for maintaining all professionaldevelopment requirements once theyare certified. This requirement will be clearly posted in all vacancyannouncements for EAPCs.

(3)The EAPCs who fail to obtain their certification within 3 yearsof starting in that position or who fail tomaintain their EAP certificationwill be subject to administrative actions and removal from their positions.

(4)The ADCOs are encouraged to gain CEAP.

(5)The EAPCs, who transfer to another installation and are hired asan EAPC with no break in EAPC service, arebound by the EAPC certification startdate at their first installation. The requirement to obtain certificationwithin 3 years from the date of employment at the first installation wouldremain in effect.

d. PCs, RRPCs, and suicide preventionprogram managers must gain certified prevention professional status

through ACSAP within 3 years ofassuming their duties.

(1) Thisrequirement will be written into the employee’s job description and be acondition of employment.

(2) Individualswill be responsible to apply for certification and training and for maintainingall professionaldevelopment requirements once they are certified.

(3) The PCs, RRPCs,and suicide prevention program managers who fail to obtain theircertification within 3 years or fail to maintain their certification may besubject to administrative actions and removal from their positions.

(4) The ADCOs areencouraged to gain certified PC status.

(5) It is highlyrecommended that PCs attend an instructor-certification course.

e. The DTCs must be of unimpeachablemoral character, must be free of suspicion due to legal or administrativeproceedings, and must not have had a drug or alcohol-related incident withinthe last 3 years. DTCs who are not certified must work under the daily directsupervision of a certified DTC. Utilizing noncertified DTCs jeopardizes thecredibility of the Army’s DTP. If the installation or command does not have acertified DTC, UPLs will ship their units’ specimens directly to the FTDTL fortesting or the ADCO may request an exception to policy from the Director,

ASAP.

(1)Primary and alternate DTCs will be certified by the DA DTCCertification Course within 9 months of assumingtheir duties.

(2)Primary and alternate DTCs will be recertified every 3 years.

(3)The requirement to obtain and maintain DA DTC certification willbe written into the employee’s job descriptionand be a condition of employment.

(4)The DTCs who fail to obtain their certification or fail tomaintain their certification may be subject toadministrative actions andremoval from the position.

(5)The DTCs should attend a course of instruction that teachesproper instructional methods and skills.

(6)The ADCOs should gain and maintain DTC certification.

(7)Additional personnel working in the Drug Test Collection Pointthat are not the primary or alternate DTCs willhave documented training by acertified DTC and be under the direct supervision of that DTC.

(8)In coordination with CPAC, an ADCO may temporarily suspend a DTCfrom handling urinalysis specimensbecause of an alcohol or drug-relatedincident or pending legal or administrative proceedings until a finaldetermination has been made on the DTC’s suitability for remaining in theposition.

(9)The DTCs are encouraged to volunteer to be added to the randomdrug testing pool.

9–6.Battalion/Unit Prevention Leader qualifications, training, and certification

UPL certification is crucial tothe Army’s DTP and unit substance abuse prevention efforts. All UPLs,regardless of component, must receive the same standardized curriculum and becertified to perform their duties. The BPL qualifications, training, andcertification are the same as those for UPLs; where UPL is used in thisparagraph, it applies to both UPLs and BPLs, unless otherwise stated.

a. Qualifications—military personnel.

(1) Be an officer,warrant officer or noncommissioned officer (E–5 or above for UPL, E–5promotable or above forBPL) (recommend E–7 or above at all levels).

(2) Be designatedon appointment orders by the unit commander.

(3) Successfullycomplete ACSAP standardized CTP prior to collecting any drug testing specimens.

(4) Possessunimpeachable moral character.

(5) Not becurrently enrolled in the ASAP Rehabilitation Program.

(6) Not be underinvestigation for legal, administrative, or substance abuse related offenses orhave had a drug oralcohol-related incident within the last 3 years. Soldiersthat have previously been enrolled in the ASAP for counseling or completion ofADAPT should not be considered as potential UPLs for at least 36 months afterrelease from counseling or completion of ADAPT.

(7) Commandersshould request a local review of the UPL candidate’s medical, personnel, andcriminal records anda background check by the ASAP for past drug or alcoholtreatment or positive urinalysis tests. The commander will make the finaldecision to appoint the candidate based on all the information received exceptthat the requirements in paragraphs a(1) through (6), above, are notwaiverable.

b. Qualifications—civilian personnel.

(1) Ifmilitary personnel are not reasonably and consistently available to perform UPLduties, those UPL duties maybe performed by an Army corps civilian providingall of the following criteria are met:

(2) Theemployee must be GS–5 /NSPS or pay grade equivalentor above contractor equivalent.

(3) Theemployee must be trained and certified as a UPL in accordance with AR 600–85requirements and must be,thereafter, recertified annually.

(4) TheUPL duties must be annotated in the employee job description as an additionalduty to their primary duties.(5) Trained and certified DTCs can serve as UPL inaccordance with the criteria set forth in paragraph b(1), above.

c.The UPLs must be certified to perform their duties bysuccessfully completing the DA UPL CTP, a standardized course of instructionand evaluation. No other UPL certification course is authorized without thewritten approval of the Director, ASAP. If a UPL candidate is deployed, theymay be certified using the distance learning and certification proceduresexplained at www.acsap.army.mil/. Upon successful completion of all courserequirements, UPLs will receive a certificate of training and a UPLcertification card. A UPL that is reassigned to another command may beappointed as a UPL in the new command with proof of a previous certificationuntil recertification is required at the 18-month point.

d.Recertification.

(1)UPLs must recertify every 18 months by successfully completingthe UPL CTP exam. If a UPL’s certification expires while they are deployed,the UPL may recertify using the distance learning and certification proceduresat www.acsap.army.mil. If a UPL fails the re-certification exam, they mustretake the entire UPL CTP before retaking the exam. The ASAP andunit commander will initiate a new local and DAMIS background check to ensurethat the UPL is still qualified in accordance with paragraphs a(1) through (6),above.

(2)If a UPL’s certification expires, the UPL has up to 60 days tocontact the ASAP to attend any locally-requiredupdate training, take and passthe recertification exam to be recertified for another 18 months from the dateof examination. During the time between the expiration date and the exam theUPL is not authorized to collect drug testing specimens. If a UPL’scertification has been expired for more than 60 days, then the UPL must retakethe entire UPL certification course.

(3)The ADCOs may revoke the ASAP certification of any UPL for anexcessive number of discrepancies in drugtesting collection procedures,urinalysis specimens, or on associated forms. However, the ADCO mustimmediately notify the UPL’s commander, in writing, of such revocation and thepurpose for it.

e. Theonline CTP for certification and recertification of deployed Soldiers is onlyvalid for 12 months. Upon

redeployment, the UPL must contactthe home station ASAP before conducting any collections.

f. UPLsare encouraged to attend an instructor certification course to enhance theirability to conduct drug and

alcohol awareness training at their units.

9–7.Collection site personnel qualifications, training, and certification

The CSP certification is crucial to the Army’s DTP andsubstance abuse prevention efforts. All CSPs must receive the same standardizedcurriculum and be certified to perform their duties. On installations, CSPs arenormally the DTC or an alternate DTC; however, other personnel who are notDTC-certified may also serve as CSPs as long as they meet the requirementsspecified below:

a. Qualifications:

(1) Be a civiliancorps member (certified DTC or GS–05 or above), officer, warrant officer or NCO(E–5 or above).

(2) Be designatedon appointment orders by the ADCO or commander.

(3) Successfullycomplete the ACSAP standardized CTP prior to collecting any drug testingspecimens.

(4) Possessunimpeachable moral character.

(5) Not becurrently enrolled in the ASAP Rehabilitation Program.

(6) Not be underinvestigation for legal, administrative, or substance abuse related offenses orhave had a drug oralcohol-related incident within the last 3 years. Individualsthat have previously been enrolled in the ASAP for rehabilitation should not beconsidered as CSP candidates for at least 36 months after release fromrehabilitation.

b. Certification: CSPs must becertified to perform their duties by successfully completing either the DA DTCCertification Course or the DA CSP CTP, a standardized course of instructionand evaluation. No other CSP certification courses are authorized without thewritten approval of the Director, ASAP. If a CSP candidate is deployed, theymay be certified using the distance learning and certification proceduresexplained at www.acsap.army.mil/. Upon successful completion of all courserequirements, CSPs will receive a certificate of training. c. Recertification:

(1)The CSPs must recertify every 12 months by successfullycompleting the CSP CTP exam. If a CSP’s certification expires while they aredeployed, the CSP may recertify using the distance learning and certificationprocedures at www.acsap.army.mil. If a CSP fails the re-certification exam,they must retake the entire CSP CTP before retaking the exam.

(2)If a CSP’s certification expires, the CSP has up to 90 days tocontact the ASAP to attend any locally-requiredupdate training, take and passthe recertification exam to be recertified for another year from the date ofexamination. During the time between the expiration date and the exam the CSPis not authorized to collect drug testing specimens. If a CSP’s certificationhas been expired for more than 90 days, then the CSP must retake the entire CSPcertification course.

(3)The ADCOs may revoke the certification of any CSP for anexcessive number of discrepancies in drug testingcollection procedures,urinalysis specimens, or on associated forms. However, if the CSP is military,the ADCO must immediately notify the CSP’s commander in writing of suchrevocation and the purpose for it.

d. The CSPs are encouraged to volunteer to be addedto the random drug testing pool.

9–8.Department of Transportation Drug Test Collector, screening test technician,and installation breath alcohol technician qualifications, training, andcertification

a. The DOT Drug Test Collector, STT,and IBAT certifications are crucial to the Army’s DTP and substance abuseprevention efforts. On installations, DOT Drug Test Collectors are normally theDTC or an alternate DTC; however, other personnel may also serve as DOT DrugTest Collectors as long as they meet the requirements specified below. b. DOTDrug Test Collector.

(1) Qualifications.

(a) Be acivilian corps member (GS–05 or above), officer, warrant officer or NCO (E–5 orabove).

(b) Bedesignated on appointment orders by the ADCO.

(c) Successfullycomplete the ACSAP standardized CTP prior to collecting any drug testingspecimens.

(d) Possessunimpeachable moral character.

(e) Not becurrently enrolled in the ASAP Rehabilitation Program.

(f) Notbe under investigation for legal, administrative, or substance abuse relatedoffenses or have had a drug or alcohol-related incident within the last 3years. Individuals that have previously been enrolled in the ASAP forrehabilitation should not be considered as candidates for at least 36 monthsafter release from rehabilitation.

(2)Certification. DOT Drug Test Collectors must be certified toperform their duties by successfully completing theDA DOT Drug Test CollectorCTP, a standardized course of instruction and evaluation.

(3)Recertification. DOT Drug Test Collectors must recertify every 5years by successfully completing the currentDA DOT Drug Test Collector CTP.

(4)Error Correction Training.

(a)A DOT Drug Test Collector shall receive error correctiontraining within 30 days of being notified of making an error in the collectionprocess that causes a collection to be cancelled or makes the specimenuntestable. Error correction training is explained at 49 CFR Part 40, SubpartC. If the collector does not complete error correction training within 30 daysof notification, the collector is no longer authorized to conduct DOTcollections until the training is completed. Error correction training must beadministered by a qualified collector as explained in 49 CFR Part 40, SubpartC. The qualified collector, who conducts the error correction training, mustattest in writing that the training was completed and the mock collections wereerror free. The supervisor of the collector receiving the error correctiontraining will review and retain this document for 3 years.

(b)The ADCOs may revoke the certification of any DOT Drug TestCollector for an excessive number of discrepancies in drug testing collectionprocedures, urinalysis specimens, or on associated forms. However, if the DOTDrug Test Collector is military, the ADCO must immediately notify theircommander in writing of such revocation and the purpose for it.

c.STT and IBAT. STTs and IBATs must meet the qualificationtraining requirements of 49 CFR Part 40, Subpart J prior to collecting anyspecimens for DOT alcohol tests. Refresher training and error correctiontraining requirements are also listed in this section.

d.The DOT drug test collectors, STTs, and IBATs are encouragedto volunteer to be added to the random drug

testing pool.

9–9.United States Army Medical Command sponsored Army Substance Abuse Programtraining

a. TheUSAMEDCOM is the proponent for all counseling and medically-related training.Under MEDCOM direction and oversight, formal courses will be offered byAMEDDC&S which will be publish a training schedule with complete coursedescriptions and eligibility criteria. Course nominations will be forwardedannually to AMEDDC&S Alcohol and Drug Training Section. Newly assigned CCsand CDs will attend an orientation training session at AMEDDC&S within 120days of assignment. All other counseling personnel will attend requiredtraining within 6 months of assignment. All counseling staff will attend AMEDDC&S-sponsoredcontinuing education training in order to maintain counseling skills and remaincurrent with DA policies. The AMEDDC&S will sponsor Additional SkillIdentifier training (M8 and Z qualifier) for eligible active and reservecomponent Soldiers.

b. CCswill receive the orientation described in paragraph 9–8a, above, andwill be offered continuing medical

education training at AMEDDC&Severy 2 years.

c. TheCDs will receive orientation described in paragraph 9–8a, above, and willparticipate in continuing education

training at AMEDDC&S.

d. Civiliancounselors will attend required AMEDDC&S courses within 6 months ofassignment and will complete

continuing education training atAMEDDC&S.

e. TheMROs will attend MEDCOM-sponsored MRO training (and retraining every 3 years)and become certified to review urinalysis drug testing results within the first6 of duty assignment.

SectionIII

Educationand Training Requirements

9–10.Deployment training

a. TheACSAP and installation ASAPs will provide substance abuse awareness trainingduring predeployment and

redeployment training.

b. TheAMEDDC&S will design and furnish deployment-specific training packages forbehavioral health and

combat stress control medicalunits.

c. Commandersof all components will ensure that they deploy with at least 2 certified UPLs.The commander will ensure that the UPLs receive specialized pre-deploymenttraining, supplies, and other special instructions from the ASAP staff prior todeployment.

9–11.Leadership training and schools

a.The TRADOC will ensure that current and appropriate substanceabuse awareness training and information on the ASAP occurs at initial entryand pre-commissioning and is integrated into all other Army professionaldevelopment courses.

b.All ASAP curriculum developed for TRADOC schools/courses willbe reviewed and approved by the Director, ASAP.

c.The ACSAP and AMEDDC&S staffs will be available toprovide training at senior leadership training courses

upon request.

9–12.Soldier substance abuse awareness training

a.All newly assigned Soldiers will receive a newcomers briefingby the commander or designated representative within 30 days of reporting. At aminimum the briefing will provide information on ASAP services, the location ofASAP services, community laws, command policies, drug and alcohol freeactivities and the Limited Use Policy. In addition, corporals and above willreceive information on the signs and symptoms of drug and alcohol abuse and howto refer a suspected or verified abuser to the ASAP.

b.All Active Army Soldiers, to include Active National Guardand USAR Soldiers, will receive a minimum of 4 hours of alcohol and other drugabuse awareness training per year. in accordance with TRADOC Reg 350–70 Whenin an inactive status, ARNG and USAR Soldiers will receive a minimum of 2 hoursof alcohol and other drug abuse awareness training per year. in accordancewith TRADOC Reg 350–70 The ASAP staff should provide at least one of the 4hours of training to each unit on the installation per year.

c.All unit substance abuse training whether conducted by thecommander, UPL, the ASAP staff, or a guest speaker will be documented using asign-in sheet to record who attended, the topic, the date, start time, and endtime of the class. A copy of the sign-in sheet will be provided to the ASAPstaff within 5 working days.

9–13.Civilian substance abuse awareness training

a. All new employees will receive a substance abusenewcomers briefing by the ASAP within 60 days of reporting

to duty. At a minimum the briefingwill provide information on the following:

(1) ASAP servicesto include the EAP.

(2) The locationand hours of operation of ASAP services.

(3) Community laws.

(4) Commandpolicies.

(5) Confidentiality.

(6) When they aresubject to drug testing including reasonable suspicion and post accidenttesting.

(7) Employees inTDPs and employees subject to DOT drug and alcohol testing will receiveinformation onselection methods and testing procedures.

(8) The supervisorsof employees subject to DOT drug and alcohol testing will receive the requiredtraining outlinedin 49 CFR 382.601 and 382.603.

b. All new supervisors’ will, within 60 daysassuming the supervisory position, receive information on:

(1)The supervisor’s role in the recognition and documentation ofemployee performance and conduct problems, andthe use of and responsibilitiesfor offering EAP services.

(2)The supervisor’s responsibilities and procedures for notifyingTDPs and DOT personnel of their selection fortesting.

(3)Availability of EAP services including the EAP point of contact,telephone number, address, and hours ofoperation.

(4)The process of reintegrating the employee after rehabilitationinto the workforce.

(5)Confidentiality and records requirements.

c. TheASAP prevention, education and training for civilian corps members will beprovided in conjunction with, but not be limited to, existing civilianpersonnel orientations and training programs. All civilians will receive aminimum of 2 hours of alcohol and other drug awareness training per year. inaccordance with TRADOC Reg 350–70. Employee education will address:

(1)ASAP policies, the Army DFW Civilian DTP, DOT Drug Use andAlcohol Misuse Rules and requirements, andthe availability of EAP services toinclude the EAP point of contact, telephone number, address, and hours ofoperation.

(2)Types, effects, signs and symptoms of substance abuse and thehazards/effects of alcohol and other drug abuseon performance and conduct.

(3)Program confidentiality.

9–14.Family member and K–12 substance abuse awareness training

a.The ASAP is encouraged to develop, support and/or sponsoranti-drug and alcohol abuse programs for community K–12 schools that are on, orformally associated with, the military installation. The ASAP preventioneducation and training at community schools will be addressed in the annualprevention plan.

b.The ASAP prevention education and training of Family memberswill be addressed in the annual prevention plan. Attendance by Family members,retirees, and off duty contract personnel and their families will be on avoluntary basis. Training will highlight the local laws, extent of abuse,availability of counseling, rehabilitation services, and alternatives toalcohol and other drug abuse.

9–15.Alcohol and other drug abuse prevention training

a.The ADAPT is an educational/motivational intervention whichfocuses on the adverse effects and consequences of alcohol and other drugabuse. The ADAPT courses will consist of at least 12 hours of course material. inaccordance with TRADOC Reg 350–70

b.The only currently DA-approved curricula is the ADAPT Manualpublished by the ACSAP; other commercial programs may be used if approved byACSAP in advance. Requests for exceptions to the ADAPT curriculum or to conductalternate curriculum research trials will be submitted in writing to theDirector, ACSAP for approval.

c.The following personnel will and/or may attend ADAPT:

(1)All Soldiers that are referred to the ASAP for evaluation, butnot enrolled will attend ADAPT. These personnelgenerally have been identifiedas first time abusers and do not require rehabilitation. Personnel who havepreviously attended an ADAPT class are not required to attend the class againunless directed by the counselor.

(2)Those Soldiers that are referred and enrolled in therehabilitation program may attend ADAPT as an adjunct tothe rehabilitationplan. The counselor will determine at what point in the rehabilitation processthat the Soldier may attend ADAPT.

(3)Personnel who wish to attend the course for informationalpurposes only may do so, if approved by thecommander and the ADCO.

(4)Commanders wishing to have a Soldier attend the course forreasons related to poor performance, safetyviolations, high risk behaviors, anddisciplinary problems, should refer the Soldier to the counseling ASAP forevaluation.

(5)The ADAPT training is permitted for civilian personnel and Familymembers on a space available basis.

9–16.Risk reduction training

a.Installations may request RRP training for their IPTs andinstallation activities through the IMCOM ADCO to

ACSAP.

b.The ACSAP will provide 2 to 3 days of training, based onavailable funding, on the use of the Risk Reduction Web portal, data analysis,IPT functions, and command briefings.

SectionIV

PreventionStrategies

9–17.Prevention planning

a. The PC, in coordination with theADCO and EAPC, will develop an ASAP Prevention Plan each fiscal year. The ASAPPrevention Plan will be a detailed plan that addresses what and how preventionwill occur. The plan will at a minimum address the following:

(1) Regulatoryrequirements — such as mandatory training for Soldiers and civilians.

(2) Eachprevention activity/program/campaign planned for the year describing thefollowing:

(a) Thepopulation being targeted.

(b) Theactivity/program/campaign goals.

(c) Themilestones to implementing the activity/program/campaign. (d) Theevaluation method.

(e) Desired outcomes.

(3) Trainingschedule of scheduled UPL certification courses, ADAPT classes, newcomers’briefings, predeployment/redeployment training, IPT meetings, and so forth.

(4) RRPmilestones such as data collection and submission, report printing, IPTmeetings and command briefings.

b.The ASAP Prevention Plan will include universal, selective,and indicated prevention activities to address the

substance abuse prevention needsof the community.

c.The ASAP Prevention Plan is a living document that may bemodified many times throughout the year based on changes in funding, IPTactivities, new requirements, and so forth; however, the document will be usedas a basis for all activities.

d.The ASAP Prevention Plan, activity evaluations and assessmentswill be used as input for the Annual Prevention Report.

9–18.Science-based prevention

A review of science-based prevention programs suggests thateffective substance abuse prevention programs must blend both individual andenvironmental approaches, apply multiple strategies in multiple settings andfollow a logical design that includes assessment and evaluation. The Army mustuse the following seven strategies upon which sciencebased prevention programsare based to reduce the over all drug and alcohol abuse rates and increasemission readiness.

a. Policies. Commanders at all levels may establishadditional policies to effectively reduce substance abuse. b. Enforcement.

(1) Command enforcement

(a)In order for the substance abuse program to be effective,commanders at all levels must enforce established

DOD, DA, and command policies.(for example, Soldiers identified as drug abusers must be processed forseparation.)

(b)The deterrent or preventive effect of the DTP is onlyeffective if Soldiers believe that they may be tested on any given day and thatif they test positive that they will be subject to administrative separationand punishment.

(c)Commanders must take appropriate action against underagedrinkers, suppliers of underage drinkers, and Soldiers who get DUIs or areinvolved in other alcohol-related incidents.

(2) Law enforcement and drug suppressionactivities. Comprehensive prevention programs include community law enforcementand drug suppression efforts that are designed to:

(a) Eliminatethe supply of illegal drugs.

(b) Identifyand apprehend individuals who illegally possess, use, or traffic illegal drugs.

(c) Preventalcohol and other drug related crimes, incidents, and traffic accidents. (d)Specific law enforcement responsibilities are identified in chapter 2 ofthis regulation.

c. Communications. The use ofcommunications can increase public awareness substance abuse issues andproblems, influence public opinion, and gain support for ASAP programs.Communication strategies include public education, marketing, and campaigns.

(1)The ASAP will educate the military community and market the ASAPby disseminating information on drug andalcohol abuse and ASAP services throughthe use of brochures, videos, public service announcements, local intranets,guest speakers and other programmed events such as health fairs and blockparties.

(2)The ASAP will support national, DOD, and DA substance abuseawareness campaigns to the extent possible. Ata minimum, each ASAP will supportthe Army’s current substance abuse campaign as directed by the ACSAP andconduct, at a minimum, two events in conjunction with a DOD, DA, or national campaignssuch as Red Ribbon Week, Drunk and Drugged Driving (3D) Prevention Month, orNational Alcohol Screening Day.

(3)The ACSAP, based on available resources, will design, develop anddistribute posters, pamphlets, and otherprevention/campaign materials to theASAPs in support of prevention efforts.

(4)The ASAP program is encouraged and authorized to purchasemarketing and promotional items such as T-shirts, coffee mugs, pens, pencils,rulers, and so forth, in support of substance abuse prevention and RRP campaigns.These items may be used to support and market the ASAP and/or local orArmy-sponsored prevention campaigns such as Warrior Pride, National Drunk andDrugged Driving (3D) Prevention Month, National Red Ribbon Week, and NationalAlcohol Awareness Month. Promotional items purchased shall not indicate thatthe Army endorses a particular product or private organization. Purchase ofpromotional items must be consistent with current acquisition regulations.

d.Education and Training: The education and training of allmembers of the military community is a vital element of a comprehensiveprevention plan. Commanders and supervisors must ensure that Soldiers andcivilians receive all required education and training.

e.Collaboration.

(1)Prevention initiatives, when appropriate, will becommunity-based, emphasize military involvement, and bedocumented in acomprehensive IPP. This plan will promote and enhance healthy life choices;smart decision-making; the well-being of Soldiers, civilian employees, andFamily members; and Army values.

(2)A human resources council or IPT will be established locally andwill be composed of representatives of unitsand activities on the installation.When other uniformed Service installations are located nearby, reciprocalmembership is encouraged. This council functions in an advisory capacity to theinstallation and garrison commanders and:

(a)Provides leadership, direction, and assistance in the designand development of the IPP, which will include a continuous assessment ofinstallation prevention efforts to include substance abuse.

(b)Approves, monitors, and makes recommendations as necessaryfor the implementation of community prevention and risk reduction.

(c)Meets on a regular basis, but no less than quarterly. Minutesof each council meeting will be approved by the installation commander.

f. Alternatives.

(1) The ASAPwill encourage and support community alternative alcohol free activitiesdesigned to entertainSoldiers, civilians and Family members.

(2) Commandersat all levels will support installation alternative alcohol free activities.

(3) Commanderswill ensure that nonalcoholic beverages are available at all unit functions fornondrinkers.g. Early intervention.

(1)It is imperative that commanders and supervisors are trained toidentify Soldiers and employees that are at riskfor substance abuse as early aspossible and refer them to the ASAP for evaluation.

(2)The URI and the R-URI and the RRP are tools that commanders atall levels should utilize to identify potentialproblems and provide earlyeducational/motivational interventions.

h. Evaluation.

(1)The ADCOs evaluate all ASAP garrison functions in accordance withchapter 13 and appendix D of thisregulation.

(2)The ADCO, in coordination with the PC and EAPC will evaluatesubstance abuse prevention activities annuallyin accordance with chapter 13 andappendix D of this regulation.

(3)The ADCO, in coordination with the IPT, will evaluate substanceabuse prevention-related RRP activitiesidentified in the IPP in accordance withchapter 13 and appendix D of this regulation.

Chapter10 Legal and Administrative Procedures, and Media Relations

SectionI General

10–1.Overview

a. Thischapter addresses legal and administrative actions and procedures involvingdrug and alcohol use by Soldiers

and civilian corps members.

b. Participationin the ASAP rehabilitation program need not interfere with normal commandadministrative actions.

c. Legalrequirements and guidelines for the ASAP must be consistent with the provisionsof PL, civil and criminal court decisions, DOD directives, and other ARs. (SeeAR 340–21; 5 USC 552a (Privacy Act); part 2, chapter 1, title 42, Code ofFederal Regulations; the Confidentiality Law, 42 USC 290dd-2; and AR 40–66concerning confidentiality). It is essential that the legal issues of the ASAPbe clearly understood by all levels of command and supervision and that legalprocedures and protections be understood by all potential clients. The intentof applicable laws and regulations is to protect the privacy and personalconfidences of the ASAP client. These laws and regulations do not conflict withthe Army mission or standards of discipline when applied properly. Programeffectiveness, as well as quality of client care, will depend upon the mannerin which the ASAP is executed. These restrictions apply to individual clientpersonal information and should not impair exchange of general informationbetween staff agencies.

10–2.Policy

a.All attempts by any means to avoid providing a urinalysisspecimen when selected or ordered, to dilute a urine specimen to reduce thequantitative value of that specimen when confirmed by gas chromatography/massspectrometry (GC/MS), to substitute any substance for one’s own urine, tochemically alter, adulterate, or modify one’s own urine, or to assist anotherSoldier or civilian corps member in doing any of these actions are directviolations of the Army’s official urinalysis program. Soldiers who violate thisparagraph are punishable under the UCMJ. Penalties for violating this paragraphinclude the full range of statutory and regulatory sanctions, both criminal andadministrative. Civilian corps members who violate the provisions of theFederal Drug Free Workplace and DOT Testing Programs may be subject to the fullrange of disciplinary or averse administrative actions or both.

b.Commanders may order a Soldier to provide a specimen forurinalysis if they have PO to believe that illicit drugs are present within theSoldier’s body. Commanders should seek legal counsel before ordering the urinecollection to help them confirm they have PO, but may order the collectionwithout counsel if legal counsel is not available.

Commanders should subsequently seek legal counsel to confirmthat PO existed before using the result in any adverse action.

c.Supervisors may direct any of their subordinate civilianemployees to provide a urine specimen:

(1)if the supervisor of a civilian employee in a TDP has a reasonablesuspicion that the employee uses illegal drugs,or for any employee if thesupervisor has a reasonable suspicion of on-duty use or impairment;

(2)if the employee has been involved in a qualifying accident orunsafe practice that is under an official Armyinvestigation,

(3)as part of, or as follow-up to a counseling or rehabilitationprogram to which the employee, found to have usedillegal drugs, has beenreferred to through the EAPC.

d.Supervisors should seek legal counsel before the urinalysiscollection to help them confirm they have reasonable suspicion, but thecollection may proceed without legal counsel if none is available. Supervisorsmust subsequently seek legal counsel to confirm that reasonable suspicionexisted before using the drug test result in any adverse action.

e.A commander may order a urinalysis based upon reasonablesuspicion to ensure the Soldier’s fitness for duty even if the urinalysis isnot a valid inspection and no PO exists. However, the results of such a testmay be used only for limited purposes.

10–3.Use of Soldiers’ confirmed positive drug test results

Table 10–1 summarizes how a Soldier’s confirmed positive drugtest results may be used. This table serves as guidance only; the facts of eachcase will dictate the appropriate actions that a commander should pursue.Commanders should consult with their servicing legal advisor prior toinitiating adverse action against a Soldier after receiving a positive drugtest result. Refer to paragraph 4–5 of this regulation for an explanation ofthe drug testing codes used in the table 10–1, below.

AR 600-85 The Army Substance Abuse Program (6)

Table 10–1

Usable in disciplinary proceedings

Usable as basis for separation

Usable for characterization of Service

Search or seizure

-Member’s consent (VO)

Yes

Yes

Yes

-Probable cause (PO)

Yes

Yes

Yes

Inspection

Yes

Yes

-Random sample (IR)

Yes

Yes

Yes

-Unit (sweep) (IU)

Yes

Yes

Yes

-Other (command policy) (IO)

Yes

Yes

Yes

Medical

-General diagnostic purposes

(MO)

Yes

Yes

Yes

Fitness for duty

-Command directed (CO)

No

Yes

No

-Competence for duty (CO)

No

Yes

No

-Mishap/safety investigation

(AO)

No

Yes

No

Other

-Rehabilitation testing (RO)

No

Yes

No

-Entrance testing (NO)

No

Yes

*No

SectionII

Administrativeand Uniform Code of Military Justice Actions for Soldiers

10–4.Administrative and Uniform Code of Military Justice options

a. Commanders may take the following actions againstSoldiers who test positive for illegal drugs or for illicit use

of legal drugs when a MROdetermines the Soldier has no legitimate medical purpose for taking the drug:

(1) Administrative actions—

(a) Oral orwritten counseling/reprimand.

(b) Suspensionof access to classified information.

(c)Suspension of favorable personnel actions.

(d)The commander must initiate administrative separation inaccordance with paragraph 1–7c(7) the retention/ separation authority willdecide if the Soldier is retained or separated.

(2) UCMJ actions—

(a) Nonjudicialpunishment.

(b) Courtmartial.

b. Anylegal or administrative actions should be based on the substance abuse-relatedincident that resulted in the

referral to the ASAP; actions willnot be based on the screening or enrollment determinations.

c. Mandatoryadministrative actions include the following:

(1)Commanders must initiate suspension of favorable actions(Flags) on all Soldiers who engage in the misconduct described in paragraphs10–6a and b in accordance with paragraph 10–6f.

(2)The commander must initiate administrative separation inaccordance with paragraph 10-6. The retention/ separation authority will decideif the Soldier is retained or separated.

10–5.Suspension of security clearance or duty

a.All confirmed positive tests for a drug with a possiblelegitimate medical use as determined by USAMEDCOM must be evaluated by a MRObefore any adverse action is taken against a Soldier or civilian corps memberand prior to reporting the result to the U.S. Army CCF.

b.Commanders and heads of an organization may suspend theaccess to classified material of any Soldier or civilian corps member who has apositive drug test that has been confirmed by the MRO, when such result raisesa serious question as to the individual’s ability or intent to protectclassified information. This includes the period of time from when a Soldier orcivilian corps member requests a retest of the positive result until the resultof the retest has been received. If the retest does not confirm the positiveresult, the commander or head will reinstate access to classified material.(Refer to AR 380–67.)

c.Commanders and heads of organizations will notify thecertifying official promptly when one of their Soldiers or civilian corpsmembers in a PRP-designated position receives a positive urinalysis test resultthat is confirmed by a

MRO.

10–6.Separation actions

Illicit drug use isgrounds for disciplinary action under the UCMJ and/or the initiation ofadministrative separation proceedings. In addition to the rules foradministrative separation actions and boards (refer to AR 600–8–24 and AR635–200), the following rules apply to administrative separation actions andboards for illicit drug abuse: The following policies will applyto separations initiated under provisions of AR 135-175, AR 135-178, AR600-8-24, and AR 635-200. The basis for separation for alcohol and drug abuseand authority for retention are as follows:

a.Drug test results from an Army FTDTL normally can besubstantiated by a “Laboratory Documentation Package” alone (see para 11–7 ofthis regulation). Counsel for the respondent will be allowed adequateopportunity to interview laboratory officials before the board date. Soldiersdetermined by the commander as a rehabilitation failure, as determined inparagraph 8-13, will be processed for separation in accordance with separationregulations; in addition, Soldiers with a subsequent alcohol- or drug-relatedincident of misconduct at any time during the 12month period following successfulcompletion of the ASAP or during the 12-month period following removal from theprogram, for any reason, will be processed for separation as an alcohol or drugabuse rehabilitation failure. The term "process for separation" meansthat the separation action will be initiated and processed through the chain ofcommand to the separation authority for appropriate action.

b.A respondent’s request for production of an expert witnessshould not be approved automatically. As with any other witness request, theburden is on the requesting party to demonstrate the relevance of the witness’testimony. Even when relevance has been established, alternative forms oftestimony, to include telephonic testimony, may be an adequate substitute to apersonal appearance. Except for Soldiers referred to acourt-martial authorized to impose a punitive discharge, commanders willprocess for separation all Soldiers who are— (1) Identifiedas illegal drug abusers (as defined in this regulation).

(2) Involvedin two serious incidents of alcohol-related misconduct within a 12-monthperiod. A serious incident

of alcohol-relatedmisconduct is defined as any offense of a civil or military nature that ispunishable under the UCMJ by confinement for a term exceeding 1 year.

(3) Involvedin illegal trafficking, distribution, possession with intent to distribute, orsale of illegal drugs.

(4) Testedpositive for illegal drugs a second time during their career.

(5) Convictedof DWI or DUI a second time during their career.

c. When a unit commander, inconsultation with the ASAP counseling staff, determines that rehabilitativemeasures are not practical and that separation action will be initiated, thefollowing procedures are required: For Active Army and U.S. ArmyReserve Active Guard Reserve (AGR) Soldiers who meet separation criteria inparagraph b, above, but for whom commanders support retention, the retentionauthority will be elevated to the first GO in the chain of command with a judgeadvocate or legal advisor available in accordance with the provisions below.For instances in which the retention authority is elevated it may not bedelegated.

(1)All Soldiers, to include USAR Soldiers, identified asillegally abusing drugs will be processed for administrative separation inaccordance with appropriate enlisted or officer separation regulations. NCOs(corporal and above) processed for separation as provided for in paragraphb(1), above, require a retention decision from the first GO in the chain ofcommand. All separation decisions (including retention in the Army) forspecialist and below will remain with existing separation authorities.

(2)Soldiers diagnosed as being drug dependent by a physician willbe detoxified and then processed for administrative separation in accordancewith appropriate enlisted or officer separation regulations, and be consideredfor disciplinary action under the UCMJ. These individuals should be referred toVA medical facilities under the conditions listed in paragraph 8–13 of thisregulation. All enlisted Soldiers processed for separation as aresult of drug or alcohol misconduct as provided for in paragraphs b(2) throughb(5), above, require a retention decision from the first GO in the chain ofcommand.

(3)Soldiers who are rehabilitation failures will be processed foradministrative separation when: All separation actions on enlistedSoldiers with 18 or more years of qualifying service for retired pay will besubmitted to HQDA for final decision in accordance with existing regulatoryprovisions.

(a)The member is enrolled in the ASAP.

(b)The unit commander determines that further rehabilitationefforts are not practical (for example, a rehabilitation failure).

(4)When not precluded by the Limited Use Policy (see para 10–13of this regulation), offenses of alcohol or other drug abuse may properly bethe basis for discharge proceedings under appropriate enlisted or officerseparation regulations. The evidentiary aspect of the Limited Use Policy isapplicable to discharges under appropriate enlisted or officer separationregulations. Soldiers processed for separation under other provisions of thatregulation, who also are or become subject to separation under this chapter andwhose proceedings on other grounds ultimately result in their retention in theService, will be considered for separation under this chapter.

(5)When the unit commander determines that a Soldier who hasnever been enrolled in the ASAP lacks the potential for further useful service,the Soldier will be evaluated by the ASAP counseling staff in accordance withthis regulation. If found nondependent, the Soldier will be considered forseparation under the appropriate provisions of appropriate enlisted or officerseparation regulations.

(6)Soldiers identified for separation in accordance with guidancecontained in this paragraph will be reported to the CCF in accordance with AR380–67.

d. The retention authority for enlisted Soldiersin the ARNG and the U.S. Army Reserve (non-AGR), is as

follows:

(1) ARNG Soldiers; as provided in chapter 15 ofthis regulation, AR 135-178, and applicable NGB regulations.

( 2 ) U S A R S o l d i e r s ; as p r o v i d e d i n c h a p t e r 1 6 o f t h i s r e g u l a t i o n s , A R1 3 5 - 1 7 8 , a n d a p p l i c a b l e U S A R C regulations.

e. Officerseparations will be processed in accordance with the provisions of AR 600-8-24and AR 135-175.

f. Commandersmust initiate Flags on all Soldiers who engage in the misconduct described inparagraphs a and

b, above. Commanderswill initiate and remove Flags using the adverse action codes as follows:

(1)For drug-related misconduct including, but not limitedto, positive drug tests (in accordance with this regulation), Total ArmyPersonnel Database code U.

(2)For alcohol-related misconduct including, but notlimited to DUI, on-duty impairment due to alcohol consumption, or drunk anddisorderly conduct, Total Army Personnel Database code V.

(3)Commanders will remove the Flag only when—

(a) TheSoldier is reassigned to the transition point for separation.

(b) Theseparation or retention authority (as appropriate) retains the Soldier.

(c) Untilall actions are completed.

g.Soldiers diagnosed as being drug dependent by aphysician will be detoxified and then processed for administrative separationin accordance with appropriate enlisted or officer separation regulations, andbe considered for disciplinary action under the UCMJ. These individuals shouldbe referred to VA medical facilities under the conditions listed in paragraph8–13.

h.Illicit drug use is grounds for disciplinary actionunder the UCMJ and/or the initiation of administrative separation proceedings.In addition to the rules for administrative separation actions and boards(refer to AR 600–8–24 and AR 635–200), the following rules apply toadministrative separation actions and boards for illicit drug use:

(1)Drug test results from an Army FTDTL normally can besubstantiated by a “Laboratory Documentation Package” alone (see para 11–7).Counsel for the respondent will be allowed adequate opportunity to interviewlaboratory officials before the board date.

(2)A respondent’s request for production of an expertwitness should not be approved automatically. As with any other witnessrequest, the burden is on the requesting party to demonstrate the relevance ofthe witness’ testimony. Even when relevance has been established, alternativeforms of testimony, to include telephonic testimony, may be an adequatesubstitute to a personal appearance.

10–7.Granting leave

Commanders may grant leave to Soldiers who have testedpositive for illicit drugs. (Refer to AR 600–8–10).

10–8.Transfer to the Department of Veterans Affairs

a. Alcohol or other drug dependent Soldiers may betransferred to VA MTF only under the following conditions:

(1) Whenwithin 30 days of separation.

(2) On theSoldier’s written request for transfer and additional rehabilitation.

b. The request will specify thelength of rehabilitation to which the Soldier agrees. No Active Army Soldierswill be transferred to the VA through medical channels without completing theseparation process. (Refer to AR 635–200.)

10–9. Actions before, during and afterdeployments and reassignments a. Deployments.

(1)Legal and administrative actions against a Soldier on deploymentorders with a confirmed positive drug test maybe suspended at the discretion ofthe separation authority until the Soldier’s unit redeploys from the theater ofcombat operations.

(2)The unit commander in consultation with the ASAP counseling staffwill determine the deployment availabilityof Soldiers enrolled in the ASAP. Thesame standards used for other medical treatment will be applied. Ordinarily,Soldiers—

(a)Enrolled in the ASAP who are receiving Level I servicesare deployable counseling services will be carefully assessed todetermine their progress in treatment and their access to ASAP services toinclude tele-behavioral medicine in the theater area of operation. Finaldetermination on Soldier deployment availability will be made by the commander,in consultation with the counselor. When the commander determines a Soldier tobe in need of further Level I services unavailable in theater, the Soldier willremain at the current duty station until treatment is completed. Uponsuccessful completion, as determined by the commander in accordance withparagraph 8-13a, Soldiers will be eligible for deployment.

(b)Undergoing inpatient detoxification have a temporary physicalprofile and are not deployable.

(c)Participating in, or awaiting admittance to, an ASAP partialinpatient care program are not deployable until successful completionof the inpatient and outpatient follow-up services. Upon successful completion,Soldiers will be eligible for deployment.

b. Reassignments.

(1)Soldiers enrolled in the ASAP who are receiving Level Icounseling services will be carefully assessed to determine their progress intreatment and their access to ASAP services at the gaining installation. Finaldetermination on Soldier reassignment availability will be made by thecommander, in consultation with the counselor. When a commander determines thata Soldier needs further services at the current installation, the Soldier willremain stabilized until the commander determines that the Soldier’s progresssupports reassignment. The servicing ASAP CD will provide the effective date ofstabilization (date of determination) to the military personnel office forenlisted personnel or the appropriate DA assignment authority for officers.

(2)Continuity of client counseling is critical to successfulrehabilitation. The losing CD will monitor the departureof enrolled Soldiers,notify the gaining ASAP, and ensure that ASAP client records are forwardedthrough the local MTF’s patient administration division to the gaining ASAPcounseling center. If the losing ASAP counseling center is unable to determinethe location of the gaining ASAP counseling center within 60 days, the losingCD will provide ACSAP with the social security account number. The ACSAP willthen query the Total Army Personnel Database for assignment information andcontact the gaining ASAP counseling center to verify the Soldier’s assignment.The gaining ASAP counseling center will notify the losing ASAP counselingcenter and patient administration division of the Soldier’s assignment in themost expeditious manner and request the Soldier’s ASAP outpatient medicalrecord.

(3)To complete the mandatory follow-up outpatient program, patientswho have received ASAP inpatient careshould be stabilized in their currentassignment for 12 months from the date of the inpatient enrollment. Theservicing ASAP CD will provide the effective date of stabilization (date ofenrollment) to the Military Personnel Office for enlisted personnel or theappropriate DA assignment authority for officers. Soldiers serving in CONUSshould be stabilized in their present unit assignment for 12 months from thedate of inpatient enrollment, and their records should be annotated to ensurestabilization. Soldiers serving OCONUS will not be involuntarily extendedbeyond their established date eligible for rotation overseas to complete themandatory follow-up Level I program. Follow-up rehabilitation can be obtainedat the next CONUS duty station. However, unit commanders should encourageSoldiers to extend their overseas tour voluntarily, under the provisions of AR614–30, paragraph 6–2g, to receive the maximum benefit of this program.Stabilization may be terminated, requests for early termination of the 12 monthstabilization will be forwarded through U.S. Army Medical Command (MCHO–CL–H),2050 Worth Road, Fort Sam Houston, TX 78234–6000 to Headquarters, Department ofthe Army (DAPE–HRS), Army Center for Substance Abuse Programs, 4501 FordAvenue, Suite 320, Alexandria VA 22302–0000.

SectionIII

LegalActions for Soldiers

10–10.Law enforcement relationship to the Army Substance Abuse Program

a.It is Army policy to encourage voluntary entry into the ASAP.The MP, USACIDC special agents, and other investigative personnel will notsolicit information from clients in the program, unless they volunteer toprovide information and assistance. If the client volunteers, the informationwill not be obtained in the counseling center or in such a manner as tojeopardize the safety of sources of the information or compromise theconfidentiality and credibility of the ASAP (AR 190–30 and 195–2).

b.Title 42, Code of Federal Regulations, prohibits undercoveragents from enrolling or otherwise infiltrating an alcohol or other drug treatmentor rehabilitation program for the purpose of law enforcement activities. Thisrestriction does not preclude the enrollment in the ASAP, for rehabilitationpurposes, of MP, USACIDC, or other investigative personnel who have an actualalcohol or other drug abuse problem. Their law enforcement status must be madeknown to the ADCO and CD at the time of their enrollment. These measures arefor the protection of the law enforcement client as well as the ASAP.

c.The PM and the ADCO will exchange information for the purposeof identifying drug abuse trends, drug “trouble spots,” and high-risk areas toinclude specific prevention efforts. This may include information on drugprevalence by type of drug, cost, strength and purity, and current drugs ofchoice. This exchange of information will be specific and will not mentionnames or social security numbers of any client nor violate programconfidentiality. The ADCO will only release information with theBAC, UIC, SSN, laboratory accession number, specimen collection date, specimenlaboratory report date, test basis, and the illicitly used drug(s). The ADCOwill not provide law enforcement with the Soldier’s complete drug and treatmenthistory.

d.If requested by USACIDC, the ADCO will provide a reportthat contains the number and type of drug positives by unit, excluding positiveresults for drugs that must be medically reviewed until the medical review hasbeen completed. The report will not contain Soldier-specific information, suchas names or social security numbers.

10–11.Limited Use Policy

The objectives of the Limited Use Policy are to facilitatethe ID of Soldiers, who abuse alcohol and other drugs by encouraging ID throughself-referral to facilitate the rehabilitation of those abusers who demonstratethe potential for rehabilitation and retention. When applied properly, theLimited Use Policy does not conflict with the Army’s mission or standards ofdiscipline. It is not intended to protect a member who is attempting to avoiddisciplinary or adverse administrative action.

10–12.Definition of the Limited Use Policy

a. Unless waived under thecircumstances listed in paragraph 10–13d of this regulation, Limited Use Policyprohibits the use by the government of protected evidence against a Soldier inactions under the UCMJ or on the issue of characterization of service in administrativeproceedings. Additionally, the policy limits the characterization of dischargeto “Honorable” if protected evidence is used. Protected evidence under thispolicy is limited to:

(1)Results of command-directed drug or alcohol testing that are inadmissibleunder the MRE. Commanders areencouraged to use drug or alcohol testing whenthere is a reasonable suspicion that a Soldier is using a controlled substanceor has a blood alcohol level of .05 percent or above while on duty. Thisinformation will assist a commander in his or her determination of the need forcounseling, rehabilitation, or medical treatment. Competence for duty tests maybe directed if, for example a Soldier exhibits aberrant, bizarre, oruncharacteristic behavior, but PO to believe the Soldier has violated the UCMJthrough the abuse of alcohol or drugs is absent. Competence for duty testresults may be used as a basis for administrative action to include separation,but shall not be used as a basis for an action under the UCMJ or be used tocharacterize a Soldier’s service.

(2)Results of a drug or alcohol test collected solely as part of asafety mishap investigation undertaken for accidentanalysis and the developmentof countermeasures is further described in paragraph 4–5.

(3)Information concerning drug or alcohol abuse or possession ofdrugs incidental to personal use, including theresults of a drug or alcoholtest, collected as a result of a Soldier’s emergency medical care solely for anactual or possible alcohol or other drug overdose. To qualify for Limited Useprotection, Soldiers must inform their unit commander of the facts andcircumstances concerning the actual or possible overdose. The commander mustreceive this information as soon after receipt of the emergency treatment as isreasonably possible. If treatment takes place at a civilian facility, theSoldier must give written consent to the treating civilian physician orfacility for release of information to the Soldier’s unit commander concerningthe emergency treatment rendered. If the medical treatment resulted from anapprehension by military or civilian law enforcement authorities, or if theadmission for treatment resulted from other than abuse of alcohol or drugs,such as for injuries resulting from a traffic accident, the limited useprotection will not be available to the Soldier.

(4)A Soldier’s self-referral to the ASAP.

(5)Admissions and other information concerning alcohol or other drugabuse or possession of drugs incidental topersonal use occurring prior to thedate of initial referral to the ASAP and provided by Soldiers as part of theirinitial entry into the ASAP. This includes an enrolled Soldier’s admission to aphysician or ASAP counselor concerning alcohol or other drug abuse incidentalto personal use occurring prior to the initial date of referral to the ASAP.(6) Drug or alcohol test results, if the Soldier voluntarily submits to a DODor Army rehabilitation program before the Soldier has received an order tosubmit for a lawful drug or alcohol test. Voluntary submission includesSoldiers communicating to a member of their chain of command that they desireto be entered into a rehabilitation program. This limited use protection willnot apply to test results, which indicate alcohol or other drug abuse occurringafter the voluntary submission to the rehabilitation program. Examples: Theunit commander has ordered a urinalysis on Monday for all members of the unit(an inspection under MRE 313). Before receiving an order (or having knowledgeof a pending test) to appear for the urinalysis, a Soldier approaches theplatoon sergeant, admits having used illegal drugs over the weekend, andindicates a desire to receive help. Later that day, the Soldier is ordered toand provides a specimen for the urinalysis, which results in a positive reportfor cocaine use. Those results are protected by the limited use policy unless thereis some evidence that demonstrates the use reflected by the test occurred afterthe admission was made to the platoon sergeant. Later that week, the commanderorders another unit inspection for the following Monday. The inspection isconducted properly under MRE 313, and the Soldier once again has a positiveresult for cocaine. These test results, as interpreted by an Army FTDTL expert,indicate the Soldier had used cocaine after admitting use to the platoonsergeant. This test result is not protected by the Limited Use Policy.

(7) The results of a drug or alcohol testadministered solely as a required part of a DOD or Army rehabilitation ortreatment program.

b.The Limited Use Policy does not prevent a counselor fromrevealing, to the commander or appropriate authority or others having a need toknow, knowledge of certain illegal acts which may compromise or have an adverseimpact on mission, national security, or the health and welfare of others. Theunit commander will report the information to the appropriate authority.Likewise, information that the client presently possesses illegal drugs or thatthe client committed an offense while under the influence of alcohol or illegaldrugs, other than prior illegal possession incident to the prior use, is not coveredunder this policy. Limited use is automatic. It is not granted, and it cannotbe vacated or withdrawn. It may be waived in the situations described inparagraph 10–13d of this regulation.

c.An order from competent authority to submit to urinalysis orbreath or blood alcohol test is presumed a lawful order. Soldiers who fail toobey such orders may be the subject of appropriate disciplinary action underthe UCMJ.

d.The Limited Use Policy does not preclude the following:

(1)The introduction of evidence for impeachment or rebuttal purposesin any proceeding in which the evidence ofdrug abuse (or lack thereof) hasfirst been introduced by the Soldier. This rebuttal or impeachment may includeevidence that test data indicate the presence of a controlled substance oralcohol, although not in sufficient quantity to meet the cutoff level for apositive result that has been established by DOD.

(2)The initiation of disciplinary or other action based onindependently derived evidence, including evidence ofcontinued drug abuse afterinitial entry into the ASAP.

e. If the command is made aware of aSoldier’s illegal drug use through the Soldier’s self-referral and admissions,the requirement to initiate separation proceedings pursuant to the appropriateenlisted or officer separation regulation will not apply. The unit commandermay initiate a separation action; however, the information is protected by theLimited Use Policy.

10–13.Implementation of the Limited Use Policy

a.Unit commanders will explain the Limited Use Policy to Soldiersduring the commander’s interview as set forth in paragraphs 7–9, 15–14, and16–11 of this regulation. Commanders will not make any agreement, orcompromise, or expand the Limited Use Policy in any way.

b.One or more military associates of an actual or possiblealcohol or drug overdose victim might be reluctant to assist the victim inobtaining emergency treatment from an MTF because they themselves are abusersof alcohol or other drugs. An assisting person may fear that adverse personalconsequences could result from becoming involved.

Although Limited Use protection isnot extended automatically to such a person, the availability of the followingoptions to those Soldiers and their commanders should reduce reluctance toassist the victim:

(1) Soldiers may seek help for their own alcohol or otherdrug problem from:

(a) Theirunit commander.

(b) Thephysician at the MTF.

(c) Anyother agency or individual described in chapter 7 of this regulation.

(2) If the unit commander suspects aSoldier of alcohol or other drug abuse, or possession of drugs incidental topersonal use, solely because of a Soldier’s assistance to an actual or possiblealcohol or drug overdose victim, and there is no reason to believe the Soldierprovided illegal drugs to the victim, the commander should consult with thesupporting legal office and thereafter may:

(a) Informthe Soldier of these suspicions.

(b) Ensurethe Soldier is aware of the rehabilitation services available and the LimitedUse Policy.

(3) If the Soldier admits to alcohol orother drug abuse and volunteers for help, the Limited Use Policy becomeseffective as of the time the Soldier asks for help.

c. Soldiers will receive anhonorable discharge regardless of their overall performance of duty, ifdischarge is based on a proceeding where the Government initially introduceslimited use evidence except as authorized in paragraph 10–13d(1) of thisregulation. The “Government” includes the following:

(1) The unitcommander or intermediate commanders (in a recommendation for discharge or indocuments forwarded with such a recommendation).

(2) Any member ofthe board of officers or an administrative separation board adjudicating thecase.

(3) Theinvestigating officer or recorder presenting the case before the board.

(4) The separationauthority.

d.Alternatively, if Limited Use evidence is improperlyintroduced by the Government before the board convenes, the eliminationproceeding may be reinitiated, excluding all reference to the evidenceprotected by the Limited Use Policy. If the Limited Use evidence is improperlyintroduced by the Government after the board convenes, only a generalcourt-martial convening authority may set aside the board proceeding and referthe case to a new board for rehearing. The normal rules governing rehearingsand permissible actions thereafter will apply in accordance with theappropriate enlisted or officer separation regulations.

e.All situations that could arise in applying the Limited UsePolicy in the field cannot be foreseen. As in other instances in whichregulatory guidance is applied to an actual case, the commander should seekadvice from the supporting legal office.

SectionIV

ConfidentialityRegarding Military Personnel

10–14.Scope

a.This section prescribes policy and provides guidance on therelease of information about abusers of alcohol or other drugs who are or havebeen enrolled in the ASAP. The primary intent of the references in paragraph10–18 and of the policies in this section is to remove any fear of publicdisclosure of past or present abuse. It is also intended to encourageparticipation in a rehabilitation program.

b.The restrictions on disclosure prescribed in this section areallowed by the Freedom of Information Act (5 USC 552), 42 USC Sec 290dd-2 and42 CFR Part 2, and the Privacy Act (5 USC 552a).

c.No person subject to the jurisdiction or control of theSecretary of the Army shall divulge any information or record of identity,diagnosis, prognosis, or treatment of any client. This includes any informationwhich is maintained in connection with alcohol or other drug abuse education,training, rehabilitation, or research, except as authorized in 10–16 through10–17, below.

10–15.Confidentiality of military client Army Substance Abuse Program information

a.The release and/or discussion of information within the ArmedForces concerning a Soldier’s abuse of alcohol and other drugs is governed bythe restrictions contained in the 5 USC 552a, 42 USC 290dd-2), AR 40–66, and AR340–21 and HIPAA. Such information will be made known to those individualswithin the Armed Forces who have an official need to know. The restrictions onrelease of information outside the Armed Forces concerning Soldiers isprescribed by the laws regarding confidentiality of drug and alcohol abusecounseling records and information cited above.

b.Limited Use Policy does not prevent a counselor fromrevealing, to the appropriate authority, knowledge of illegal acts, which mayhave an adverse impact on mission, national security, or the health and welfareof others. (1) ASAP counseling records are protected by the restrictionscontained in The Privacy Act (5 USC 552a), 42 USC 290dd-2, AR 40–66 and AR340–21, and the HIPAA of 1996 (Public Law 104–191 Section 264) and DOD6025.18–R DOD Health Information Privacy Regulation. These records will bemaintained by the ASAP counseling staff and stored for 5 years in accordancewith Army Records Information Management System.

(2)The ASAP CD will periodically review ASAP client files. He or shewill ensure that counselors maintain highethical standards in recording onlyrelevant ASAP counseling information.

(3)Commanders seeking information from an individual’s ASAP recordmust specify their need to know specificinformation. Their request must be madeto the responsible CD for proper release of information. Commanders do not haveunlimited access to review a client’s ASAP counseling notes or records.

(4)For clients in certain sensitive positions or with the PRP,counselors or medical personnel will immediatelyadvise the commander if anyinformation is provided by the client, which would serve to disqualify theperson for continuation in any sensitive duty position. If the need to releasethe information is in doubt, it should be released to the commander based onthat requirement to protect the interest of the U.S. Government.

(5)The ASAP is a command program. The rehabilitation processinvolves the client, his or her unit commander andintermediate supervisors, andthe counseling staff. Normally, there is no reason for anyone other than theseindividuals to learn of a Soldier’s alcohol or other drug-problem. Whilecommanders above the battalion level may on rare occasions have an officialneed to know the specific identity of an abuser within their commands, theirknowledge of the number of abusers enrolled in the ASAP is usually sufficientinformation. No lists of individuals from the unit who are enrolled in the ASAPwill be maintained.

(6)Anyone seeking assistance through the ASAP prior to officialenrollment is protected by the confidentialityrequirements of the program.Information given to such inquiries will include a description of the localprogram including an explanation of the Limited Use Policy, confidentiality,and enrollment procedures. Military personnel must be officially enrolled bytheir commanders regardless of the source of referral. The ASAP will notprovide rehabilitation counseling for anyone who is not enrolled in one of twoprogram tracks. Nor will services be provided to anyone for whom accountabilityhas not been established through the ASAP client reporting system.

10–16.Overview

a. Responding to an inquiry thatconcerns an abuser or former abuser of alcohol or other drugs is a complicatedand sensitive matter. Requests for information may originate from a variety ofsources and take a variety of forms. They may be direct (for example, from aparent) or through an intermediary (for example, a member of Congress inquiringfor a parent). They may be received by written correspondence, by telephone, orduring face-to-face conversation. Further, alcohol or other drug involvementmay not surface until after an investigation has been initiated to provideinformation upon which to base a reply. The guidance contained in this sectionis intended to assist commanders or other officials receiving requests forinformation in preparing replies and complying with the policy contained inparagraphs 10–15 and 10–16, above; however it should not take the place ofconsulting with their servicing legal office b. In all cases wheredisclosure is prohibited or is authorized only with the client’s written consent,every effort should be made to avoid inadvertent disclosure. Even citing areferenced statute or this regulation as the authority for withholdinginformation would identify the client as an abuser. Accordingly, replies tosuch inquiries should state that disclosure of the information needed to fullyrespond to the inquiry is prohibited by regulations and statutes. Asappropriate, the reply may suggest that the inquirer contact the clientdirectly. Where disclosure is permitted with the client’s written consent, aninterim reply may state that an attempt will be made to obtain the client’swritten consent.

c.The disclosure that an individual is not or has not been aclient in the ASAP is fully as much subject to the prohibitions and conditionsof the statutes and this regulation as a disclosure that such a person is orhas been a client. Any improper or unauthorized request for disclosure ofrecords or information subject to the provisions of this section should beaddressed as specified in paragraph (2), above. Army policy is to neitherconfirm nor deny whether an individual has been a client in the ASAP.

d.Limitations on information. Any disclosure made under thissection, with or without the client’s consent, shall be

limited to information necessaryin light of the need or purpose for the disclosure.

e.Written statements. All disclosure shall be accompanied bywritten statement substantially as follows: “This information has beendisclosed to you from records whose confidentiality is protected by Federal Law.Federal Regulations (42 CFR Part 2) prohibit you from making any fartherdisclosure of it without the specific written consent of the person to whom itpertains, or as otherwise permitted by such regulations. A generalauthorization for the release of medical or other information is not sufficientfor this purpose.” An oral disclosure, as well, should be accompanied orfollowed by such a notice.

f.Regulations governing release of information.

(1)To the extent that the contents of this section are in conflict withany other regulatory directives, the contents ofthis section will prevail.

(2)Disclosures authorized by this section are subject to furtherrestrictions imposed by other regulatory directivespertaining to the release ofinformation that are not in conflict with this section.

(3)This section does not prohibit release of information concerningthe abuse of alcohol or other drugs from recordsother than those specified inparagraph 10–16. For example, a record of trial is not a record maintained inconnection with alcohol or other drug abuse education, training, treatmentrehabilitation, or research. If, in the judgment of the commander, disclosureof information not otherwise prohibited by this section would assist inproviding an appropriate reply to an inquiry, the information may be released.

10–17.Disclosure to medical personnel or to rehabilitation programs

a. Disclosure to medical personnel,either private or governmental, to the extent necessary to meet a bona fidemedical emergency, is authorized without the consent of the client. Thisincludes emergency situations such as Family violence where there isspouse/child abuse of a potentially life threatening nature. If an oraldisclosure is made under the authority of this paragraph, the CD will make awritten memorandum for the record. This memorandum will be filed in the samemanner as a written consent (see para 10–28, below). It will show thefollowing:

(1) Theclient’s name.

(2) Thereason for the disclosure.

(3) The dateand time the disclosure was made.

(4) Theinformation disclosed.

(5) The nameof the individual to whom it was disclosed.

b. In other than emergencysituations, the written consent of the client is required (see 10–28 below).Such disclosure may be made to medical personnel or to nonmedical counselingand other rehabilitative services to enable such individuals or activities tofurnish services to the client.

10–18.Disclosure to a Family member or to any person with whom the client has apersonal relationship

a. Writtenconsent of the client is required (see para 10–28, below).

b. Writtenapproval of a program physician or the CD that disclosure will not be harmfulto the client is required (see para 10–28 and e, below).

c. Theonly information that is releasable is an evaluation of the client’s current orpast status in the ASAP.

10–19.Disclosure to the client’s attorney

a.Written consent of the client is required (see para 10–28,below).

b.A bona fide attorney-client relationship must exist betweenan attorney and the ASAP client.

c.The attorney must endorse DA Form 5018–R (ADAPCP Client’sConsent Statement for Release of Treatment Information).

d.Subject to the limitations stated by the client in theirwritten DA Form 5018–R, any information from the client’s ASAP records may bedisclosed.

e.Information so disclosed may not be further disclosed by theattorney, unless the client explicitly consents in writing to the disclosure.General waivers of attorney-client privilege or authorization to share medicalinformation are not sufficient for this purpose. The attorney’s attention willbe directed to 42 CFR 2.32.

10–20.Disclosure to client’s designee for the benefit of the client

a. Thisparagraph provides guidance for handling the general class of inquiries fromindividuals who are not

members of the Armed Forces andwhose actions may be beneficial to the client.

b. Disclosuresunder the provisions of this paragraph require written consent of the client(see para 10–28, below).

c. Forthe purpose of this section, the circumstances under which disclosure may bedeemed for the benefit of a client include, but are not limited to, those inwhich the disclosure may assist the client in connection with any public orprivate— (1) Claim.

(2) Right.

(3) Privilege.

(4) Gratuity.

(5) Grant.

(6) Or, otherinterest accruing to, or for the benefit of, the client or the client’simmediate Family.d. Examples of the foregoing include—

(1) Welfare,

(2) Medicare.

(3) Unemployment.

(4) Workmen’scompensation,

(5) Accident ormedical insurance.

(6) Public orprivate pension or other retirement benefits.

(7) Any claim ordefense asserted or which is an issue in any civil, criminal, administrative,or other proceeding inwhich the client is party or is affected.

e. The criteria for approval of disclosure are thefollowing:

(1)The statutes and implementing regulation 42 CFR provide specificcriteria for disclosure in 2 of the circumstances under which such disclosuremay be deemed for the benefit of the client.

(2)In any other benefit situation (such as those listed in para10–17e(3), above), disclosure is authorized with thewritten consent of theclient only if the CD determines that all of the following criteria are met:

(a)There is no suggestion in the written consent or thecircumstances surrounding it, as known to the CD, that the consent was notgiven freely, voluntarily, and without coercion.

(b)Granting the request for disclosure will not causesubstantial harm to the relationship between the client and the ASAP. Nor willit cause harm to the ASAP’s capacity to provide services in general. Thisdetermination is to be made with the advice of the CD.

(c)Granting the request for disclosure will not be harmful tothe client. This determination is to be made with the advice of the program CD.

10–21.Disclosure to employers, employment services, or agencies

a. Writtenconsent of the client is required (see para 10–28, below).

b. Ordinarily,disclosures pursuant to this paragraph should be limited to a verification ofthe client’s status in treatment or a general evaluation of progress intreatment. More specific information may be furnished where there is a bonafide need to evaluate hazards which employment may pose to the client or othersor where such information is otherwise directly relevant to the employmentsituation.

c. Subjectto the provisions of a and b, above, disclosure is authorized ifthe ADCO determines that the following

criteria are met:

(1) Thereis reason to believe, on the basis of past experience or other credible information(which may inappropriate cases consist of a written statement by the employer),that such information will be used for the purpose of assisting in therehabilitation of the client. Such information must not be disclosed for thepurpose of identifying the individual as a client in order to deny him or heremployment or advancement because of his or her history of alcohol or drugabuse.

(2) Theinformation sought appears to be reasonably necessary, in view of the type ofemployment involved.

10–22.Disclosures in conjunction with Civilian Criminal Justice System referrals

a. Writtenconsent of the client is required (see para 10–28, below).

b. Disclosuremay be made—

(1) To acourt granting probation, or other post-trial or pretrial conditional release.

(2) To aparole board or other authority granting parole.

(3) Toprobation or parole officers responsible for the client’s supervision.

c.The client may consent to unrestricted communication betweenthe ASAP and the individuals or agencies listed in (b), above.

d.Such consent shall expire 60 days after it is given or whenthere is a substantial change in the client’s criminal justice system status,whichever is later. For the purposes of this paragraph, a substantial changeoccurs in the criminal justice system status of a client who, at the time suchconsent is given, has been sentenced, or when the sentence has been fullyexecuted. Examples of substantial changes are the following:

(1) Arrested, whensuch client is formally charged or unconditionally released from arrest.

(2) Formallycharged, when the charges have been dismissed with prejudice, or the trial ofsuch client has beencommenced.

(3) Brought to atrial which has commenced, when such client has been acquitted or sentenced.

e.A client’s release from confinement, probation, or parole maybe conditioned upon his or her participation in the ASAP. Such a client may notrevoke his or her consent until there has been a formal and effectivetermination or revocation of such release from confinement, probation, orparole.

f.Any information directly or indirectly received by anindividual or agency may be used only in connection with their official dutiesconcerning the particular client. Such recipients may not make such informationavailable for general investigative purposes. Nor may such information be usedin unrelated proceedings or made available for unrelated purposes. Therecipient’s attention will be directed to 42 CFR 2.35.

10–23.Disclosures to the President of the United States or to Members of the UnitedStates Congress acting in response to an inquiry or complaint from the client

a. Writtenconsent of the client is required (see para 10–28c, below).

b. Anyinformation not otherwise prohibited from release by other regulations ordirectives may be disclosed. This is

subject to the limitations statedby the client in their DA Form 5018–R.

c. Thisauthority for disclosure from a client’s record does not extend to situationswhere the President or a Member of Congress is acting as an intermediary for athird party (such as the client’s parents or spouse). However, mostcorrespondence concerning Army personnel that is addressed to the President isforwarded to the Army for direct reply to the inquirer. Such correspondenceaddressed to the President may be treated as inquiries directed initially tothe Army.

d. Thelimitation in (c), above, should not be interpreted as a restriction oncomplete and accurate responses to

inquiries on behalf of thirdparties concerning—

(1) Thenature and extent of the drug and alcohol problem in a unit, installation, orcommand.

(2) Adescription of the ASAP, program facilities, techniques, or the like.

10–24.Disclosure for research, audits, and evaluations

Subject to paragraph 8–8 of this regulation and AR 340–21, adisclosure to qualified personnel for the purpose of scientific research,management or financial audit, or program evaluation is authorized whether ornot the client gives consent.

a.The term qualified personnel means persons whose training andexperience are appropriate to the nature and level of work in which they areengaged. These are persons who, when working as part of an organization, areperforming such work with adequate administrative safeguards againstunauthorized disclosures.

b.The personnel to whom disclosure is made may not identify,directly or indirectly, any individual client in any report of such research,audit, or evaluation. They may not otherwise disclose client identities in anymanner. Personnel to whom disclosure is made will be reminded that 42 CFR 2.52and 2.53 apply.

c.In cases of scientific research, the restrictions containedin AR 340–21 apply.

10–25.Disclosure in connection with an investigation

Release of information to conduct an investigation against acivilian client or to conduct an investigation outside the Armed Forces againsta military client is prohibited; the only exception is by order of a court ofcompetent jurisdiction (see para 10–27, below). An investigation conducted bygovernmental personnel in connection with a benefit to which the client may beentitled (for example, a security investigation by a Federal Bureau ofInvestigation agent in conjunction with the client’s application for Governmentemployment) is not considered to be an investigation against the client. Hence,with the written consent of the client, the required information may bedisclosed under the provisions of paragraph 10–21, above.

10–26.Disclosure upon court orders

a.Under the provisions of 42 USC 290-dd2(b)(2)(c) and 42 CFR,Chapter 1, Subpart E a court may grant relief from duty of nondisclosure ofrecords covered by 21 USC 1175 and 42 USC 4582 and direct appropriatedisclosure.

b.Such relief is applicable only to records as defined in theglossary. Such relief is not applicable to secondary

records generated by disclosure ofprimary records to researchers, auditors, or evaluators in accord with/above.

c.Such relief is limited to only that objective data such asfacts or dates or enrollment, discharge, attendance, and medication that arenecessary to fulfill the purpose of the court order. And, in no event, may suchrelief extend to communications by a client to ASAP personnel.

d.Such relief may be granted only after strict compliance withthe procedures, and in accord with the limitation 42 CFR Chapter 1, Subpart E.This is whether the court order deals with an investigation of a client, aninvestigation of the ASAP, under-cover agents, informants, or other masters.

10–27.Written consent requirement

a.Where disclosure of otherwise prohibited information isauthorized with the consent of the client, such consent

must be in writing and signed bythe client, except as provided in I and K, below.

b.The client will be fully informed of the nature and source ofthe inquiry. And, he or she will be informed that his

or her voluntary written consentis required to release information upon which to base a reply.

c.If the client consents to the release of all or part of therequested information, he or she will confirm that fact by

signing DA Form 5018–R.

d.As indicated in paragraph 10–19 above, the only informationreleasable to the client’s Family or to a person with whom the client has apersonal relationship is information evaluating the client’s present or paststatus in a treatment or rehabilitation program. Release of such an evaluationrequires not only the consent of the client, but also the approval of the CD.The CD must signify that in his or her judgment the disclosure of such informationwould not be harmful to the client.

e.In the judgment of the CD, release of information may beconsidered to be harmful to the client although the client has already signedDA Form 5018–R. In this event, the inquirer will be informed that statutes andregulations prohibit the release of certain personal information.

f.The consent will be prepared in an original only-reproductionis not authorized. For a client actively participating in the program, it willbe filed in the client’s ASAP rehabilitation record. For a Soldier or Armycivilian no longer in the ASAP at the time written consent is given, the formwill be filed in the individual’s health records.

g.The DA Form 5018–R is not a continuing document. Itsretention is to justify the specific disclosure described thereon and tomaintain a record of that justification. Any future disclosure of informationmust be supported by a new DA Form 5018–R. Exception: Duration of consent fordisclosures in conjunction with criminal justice referrals is prescribed inparagraph 10–23, above.

h.Where the client’s unit commander provides information for ahigher HQ reply to an inquiry, the forwarding

correspondence will specificallyverify that the consent—

(1) Has beensigned by the client and, where applicable, signed by the CD.

(2) Has been,or will be, filed in the client’s ASAP records.

i. If the client does not consent to the release ofthe requested information or if the client limits the scope of

releasable information to theextent that an adequate reply is impossible—

(1)He or she will be encouraged to correspond directly with theoriginator of the inquiry.

(2)He or she will be informed that the reply to the inquiry willstate that if no consent is given, statutes andregulations prohibit therelease’ of personal information and will state that he or she has beenrequested to correspond directly with the inquirer. Or, if the clientauthorizes only the release of limited information, he or she will be informedthat the reply will state this, and will state that he or she has beenrequested to correspond directly with the inquirer.

(3)Where the client’s unit commander provides information for ahigher HQ reply to an inquiry, forwardingcorrespondence will include astatement that—

(a) Theclient refused to sign DA Form 5018–R or authorized the release of only limitedinformation.

(b) Theclient has been encouraged to correspond directly with the inquirer.

j.When disclosure is authorized with the consent of the client,such consent may be given by a guardian or other person authorized under statelaw to act in the client’s behalf; this would only be in the case of a clientwho has been adjudged as lacking the capacity to manage his or her own affairs.Such consent may also be given by an executor, administrator, or other personalrepresentative, in the case of a deceased client

k.When any individual suffering from a serious medicalcondition resulting from alcohol or other drug abuse is receiving treatment ata military medical facility, the treating physicians may, at his or herdiscretion, give notification of such condition to a member of the individual’sFamily. Or, notification may be given to any other person with whom theindividual is known to have a responsible personal relationship. Suchnotification may not be made without such individual’s consent at any time heor she is capable of rational communication.

10–28.Verbal inquiries

a. Telephonic inquiries.

(1)Without violating the requirements of this section or otherpolicies on the release of personal information, everyeffort should be made toprovide the requested information.

(2)If the caller specifically requests information on a client’sabuse of alcohol or other drugs, the following actionswill be taken: (Suchactions will also be taken if the answer to a more general question, such ashealth and welfare, would require the divulgence of information prohibitedunder the provisions of this section.)

(a) Informthe caller that statutes and regulations prohibit the disclosure of suchinformation.

(b) Requestthat the caller submit a written request stating the specific type ofinformation desired. Included must be the purpose and need for suchinformation.

b. Inquiries made in face-to-faceconversation. The policy and implementing guidance of this section make noexceptions for face-to-face inquiries. Commanders, supervisors, and staffofficers should anticipate and be prepared to respond to such inquiries withoutcompromising the client’s personal privacy. The guidance on telephone inquiries(see para 10–28a, above) should be utilized for the disclosure.

10–29.Authority

a. Confidentialityof Records (42 USC 290dd-2).

b. 42CFR Part 2.

c. TheHIPAA of 1996 (PL 104–91, Section 2647).

d. PrivacyAct of 1974 (5 USC 552a).

10–30.Penalties

The provisions of this sectionapply to individuals responsible for any client record and to individuals whohave knowledge of the information contained in client records. Such recordsinclude those maintained in connection with alcohol or other drug abuseeducation, training, treatment, rehabilitation, or research. The criminalpenalties for unauthorized disclosure of information protected by the Federalstatute and regulations may include a fine of up to $5,000 for each offenseunder the Privacy Act and up to a $250,000 fine and 10 years of imprisonmentunder the HIPAA.

SectionV

AdministrativeActions for Civilian Corps Members

10–31.Disciplinary and adverse actions

a. Supervisors must consult withtheir servicing CPAC before initiating any formal disciplinary or adverseaction and before offering an employee a referral to the ASAP. The servicingCPAC will advise the supervisor about options and responsibilities. Forcivilian corps members found to have used illegal drugs or to be impaired byalcohol while on duty, a range of disciplinary actions is available from awritten reprimand to removal, except for employees who—

(1) voluntarilyidentify themselves as users of illegal drugs before being notified to providea urinalysis or breathspecimen or before being identified by other means, and

(2) obtainapplicable counseling and rehabilitation, and, thereafter,

(3) refrain fromillegal drug use for the duration of the employee’s Federal employment,

b. Supervisors are required to beginadministrative action, and have discretion in deciding what disciplinarymeasures to initiate, consistent with the requirements of the Civil ServiceReform Act and other applicable factors. The following discretionary disciplinarymeasures may be available:

(1) Reprimandingthe employee in writing.

(2) Suspending theemployee for 14 days or less consistent with the procedural requirements in 5CFR 752.203.

(3) Suspending theemployee for 15 days or more consistent with the procedural requirements in 5CFR 752.404.

(4) Suspending theemployee, consistent with the procedural requirements in 5 CFR 752.404, untilsuch time as heor she successfully completes counseling or rehabilitation oruntil management, in coordination with the CPAC, determines that action otherthan suspension is more applicable to the individual situation.

(5) Removing theemployee from Federal Service, consistent with the procedural requirements of 5CFR 752.404c.The following mandatory actions are required:

(6) Initiation ofremoval from Federal Service is required after a second finding that theemployee has used illegaldrugs.

(7) Initiation ofremoval from Federal Service of any employee who is found to use illegal drugs.

(a) Refusesto obtain counseling or rehabilitation through an EAP.

(b) Doesnot thereafter refrain from using illegal drugs.

c.Verified positive test results and information developed inthe course of the drug testing of the employee, subject to the limitations of 5USC 552a, PL 100–71, 42 USC 290dd-2, and 42 CFR Part 2, may be considered inprocessing any adverse action against the employee or for other administrativepurposes. Preliminary test results may not be used in an administrativeproceeding.

d.The servicing CPAC will ensure that appropriate coordinationwith the labor counselor is accomplished.

e.Civilian corps members in TDPs who are found to use illicitdrugs shall not remain in the TDP.

f.Upon successful completion of rehabilitation, or as a part ofa rehabilitation program if progress is evident and the employee poses nodanger to health, safety or security, the employee may be returned to the TDP.(Refer to EO 12564, section 5, para (c), and DODI 1010.9 para F2d.)

10–32.Release Army Substance Abuse Program information to the media

a.This section provides guidance for the release to the newsmedia of program information that does not identify

any individual, directly orindirectly, as either an abuser or nonabuser of alcohol or other drugs.

b.This includes information concerning a former abuser ofalcohol or other drugs. Release of information pertaining to DOD activities isthe function of the Office of the Assistant Secretary of Defense (PublicAffairs). The Office of the Chief of Public Affairs, HQDA, coordinates, plans,and monitors the execution of appropriate Army information activities.

10–33.Guidelines for releasing information

a. Unclassified factual information on the followingmay be provided to the news media in response to queries

about:

(1) TheArmy’s alcohol and other drug abuse program issues.

(2) TheArmy’s alcohol and other drug abuse prevention and rehabilitation program asdescribed in this regulation.

b.Tours of facilities and discussions with ASAP staff personnelmust have the prior approval of the installation commander and, if appropriate,the MEDCEN/MEDDAC commander. Such tours or discussions will not be conducted ata time or location that could result in the ID of a client as an alcohol orother drug abuser.

c.Information on quantitative results for the urinalysisprogram and overall ASAP statistics will not be given until

released by the Director, ASAP.

d.IMCOM will ensure that command information materials receivewide distribution and will respond to queries as provided in this section.

ber2016

10–34.Administration

a.Public Affairs officers may communicate directly with theOffice of the Chief of Public Affairs, HQDA.

b.Requests for authority to release additional information willbe directed to Headquarters, Department of the Army (SAPA–PCD), 1500 Pentagon,Washington, DC 20310–1500.

Chapter11 Drug Testing Laboratory Operations

11–1.General

The mission of the U.S. Army FTDTL is to deter drug abuse byforensically identifying drugs of abuse in DOD personnel, to assist commanders,MREs, and military lawyers in interpreting laboratory results, and to providelitigation and expert witness support for all adverse actions. The FTDTLs willdetect drug use by measuring the parent drug or drug metabolite concentrationin Soldiers’ and civilian corps members’ urine. Each specimen will be trackedunder a strict chain of custody procedure. The FTDTLs will only report aspositive those specimens that meet or exceed the levels established by DOD orDHHS. The cutoff concentration is well above the detection sensitivity ofthe instruments and procedures used in testing. FTDTLs will adhere to theoperating guidance in DODI 1010.1 and this regulation.

11–2.Specimen receiving operations

a.Beginning with the receipt of specimens, the laboratory willmaintain a record of each specimen bottle location

and of each individual who hascustody of the bottle in the laboratory.

b.The processing technician will assign a fatal (not tested) ornonfatal (tested) discrepancy code to specimens that are not submitted incompliance with appendix E. The laboratory will assign a discrepancy code to aspecimen if the integrity of the specimen bottle or its packaging iscompromised. The laboratory will not test such affected specimens.

11–3.Screening and confirmation process

a.For military specimens, the FTDTL will test every specimen aminimum of three times before reporting it as positive. If a specimen screensnegative during its first test, it will be disposed of and reported asnegative. The FTDTL will use an approved technique, such as GC/MS, to confirmthe presence of drugs in urine. The quantitative results of the GC/MS procedurewill be compared to the published DOD cutoff levels. If the quantity of all thedrug(s) or drug metabolite(s) is below the DOD cutoff levels, the specimen willbe disposed of and reported as negative. If the quantity of the drug(s) or drugmetabolite(s) in a specimen meets or exceeds the cutoff level, the quantitywill be recorded and the specimen will be reported as positive for that (those)drug(s). Confirmed positive specimens will be frozen and retained for 1 year,which can be extended at the request of the commander of the Soldier with thepositive specimen. Negative adulterated, substituted, and invalid specimens maybe discarded after validity testing and transmission of the negative report.

b.For civilian specimens, the FTDTL will test specimens underguidelines established by the DHHS and PL. After screening, all specimens willreceive a validity test to determine if they are human urine or have beendiluted, adulterated, or substituted with some other substance. If a specimenis negative during the initial screening, it will be disposed of and reportedas negative unless the validity test indicates that the specimen has beendiluted, adulterated, or substituted with some other substance. If this is thecase, then the lab will report the specimen as negative, but will retain the specimenand report the validity finding to the MRO. If a specimen screens positive fordrug(s) or drug metabolite(s), a new aliquot of urine will be poured andforwarded for confirmation testing for the drugs that were f o u n d i n t h es c r e e n i n g t e s t . T h e F T D T L w i l l u s e a n a p p r o v e d te c h n i q u e , s u c h a s g a s c h r o m a t o g r a p h y / m a s sspectrometry (GC/MS), to confirm the presence of drugs in urine. Thequantitative results of the confirmation procedure will be compared to thepublished DHHS cutoff levels. If the quantity of all the drug(s) or drugmetabolite(s) is below the DHHS cutoff levels, the specimen will be disposed ofand reported as negative unless there is an issue with the validity of the specimenas discussed above. If the quantity of the drug(s) or drug metabolite(s) in aspecimen meets or exceeds the cutoff level, the quantity will be recorded andthe specimen will be reported as positive for that (those) drug(s). Confirmedpositive specimens will be frozen and retained for 1 year. Negative specimensmay be discarded after transmission of the negative report.

11–4.Quality control procedures

a.The FTDTL quality assurance program must monitor qualitycontrol, internal methods development, instrument and drug certification,personnel certification, overall data review, instrument and equipmentcalibrations, open and blind proficiency performance, and external audits.

b.The FTDTLs will use quality control specimens during eachphase of testing to ensure that the testing equipment

is functioning according tospecifications.

c.Each FTDTL will insert both open (known to the equipmenttechnician) and blind (not known to the technician) quality control specimensamong normal Soldiers’ and civilian corps members’ specimens to be tested. Openand blind controls will account for at least 5 percent of the total number ofspecimens analyzed. In order for a Soldier’s or civilian corps member’s testresult to be accepted, all of the quality controls associated with that resultmust be acceptable.

d.As part of the DOD program to ensure the accuracy andintegrity of FTDTL operations, the AFIP routinely sends both blind negative andpositive to FTDTLs. These specimens are disguised as real specimens, with SSNsand DD Form 2624. In addition, the AFIP sends monthly open proficiencyspecimens directly to the laboratory. The FTDTLs will not know what thespecimens are positive for or what their concentrations are, but must correctlyidentify and quantitative the drugs present in the specimens to maintain theircertification and authority to conduct forensic drug testing.

e.The FTDTLs will be inspected three times per year by a teamof inspectors from the Office of the Judge Advocate General, U.S. Army MedicalCommand, AFIP, and contract civilian toxicology consultants. The inspectionteam will examine operating procedures, review new or modified procedures, andexamine data associated with positive and negative specimens to ensure that theresults are forensically supportable in a court of law. The ACSAP willperiodically accompany the inspection team.

11–5.Certification of drug test results

Guidelines for the acceptability of urinalysis results areoutlined in DOD directives and instructions and will be addressed in FTDTLstandard operating procedures. Data generated by screening and confirmationtesting will be reviewed in a multi-step process by different personnel atdifferent levels including the technician performing the test, quality controlpersonnel who review the results of quality control specimens used to validatethe testing process, and Laboratory Certifying Officials.

11–6.Reporting results

a. Theconcentration of a drug or drug metabolite in a Soldier’s urine should not beused to determine how much

drug the individual consumed northe degree to which the individual was affected.

b. Amilitary urinalysis specimen will only be reported as positive when all of thebelow criteria are met:

(1) Positiveinitial screening test result that is equal to or greater than the establishedcutoff level.

(2) Positiveverification screening test result that is equal to or greater than theestablished cutoff level.

(3) Positiveconfirmation test result that is equal to or greater than the establishedcutoff level.

(4) An intactChain of Custody

c. A civilian urinalysis specimen will only bereported as positive to the MRO when all of the below criteria are

met:

(1) Positiveinitial screening test result that is equal to or greater than the establishedcutoff level.

(2) Positiveconfirmation test result that is equal to or greater than the establishedcutoff level.

(3) An intactChain of Custody

d.The FTDTLs will release results to the MRO electronicallythrough a secure, password-protected Web site (currently FTDTL) or by mail uponspecial request. Results will not be released over the phone. Electronicreports will contain both positive and negative results.

e.For military results, the FTDTL will report the identity andconcentration level of the drug(s) detected. These results will be provided tothe commander by the ASAP. No test results will identify personnel by name. Thelab will prevent the ID of individuals whose specimens screened as positive butsubsequently did not confirm as positive.

f.For civilian results, the FTDTL will report the identity ofthe drug detected, however they will only provide the

concentration drug to the MRO if—(1) The MRO requests this information;

(2) If opiates for morphine and/or codeineare greater than or equal to 15,000 nanograms per milliliter (ng/ml), even ifthe MRO has not requested the concentration levels.

g.Electronic reports for civilian positive test results willinform the submitting unit’s DMO of the identity of the drug(s) detected;concentration levels will not be provided to anyone other than the MRO. No testresults will identify personnel by name. The lab will prevent the ID ofindividuals whose specimens screened as positive but subsequently did notconfirm as positive.

h.On average, results should be reported within the timelinelisted below:

(1) Negative military results: 1 working day. (2)Positive military results: 6 working days.

(3) Negative civilian results: 1 working day. (4)Positive civilian results: 3 working days.

11–7.Litigation support

A commander or member of a legal office that requireslitigation support for legal or administrative proceedings will request suchsupport from the commander of the FTDTL that tested the specimen. Upon requestof the commander or legal counsel, the FTDTL commander will provide in-personor telephonic expert witness testimony for courts martial or administrativeboard proceedings. If in-person testimony is required, the requesting commandshall provide accounting information or invitational travel orders to the FTDTLat least 10 days before the date for the testimony.

11–8.Suspected adulterated military specimens

If a military specimen appears to be adulterated, a commandermay request that the FTDTL perform validity testing to determine if thespecimen is human urine. The FTDTLs are not required to determine the exacttype or quantity of adulteration.

11–9.Special tests

a.If a commander desires to test a Soldier’s urine for a drugthat is not on the current test panel, the commander will coordinate throughthe FTDTL and/or the local ASAP with the ACSAP to request the test. If the testis approved, the request must be in writing to the respective FTDTL or AFIP,must list the requested drug(s) to test for, and must accompany the specimen toAFIP. The specimen should be on its own chain of custody document using an AFIPForm 1323 (AFIP/Division of Forensics Toxicology – Toxicological Request Form).If the specimen is sent to or through the FTDTL, the DD Form 2624 will be used.

b.If the commander desires to ensure that a Soldier is testedfor one of the rotational drugs that the FTDTLs test a percentage of allspecimens for, the commander will submit the request in writing to therespective FTDTL, listing the requested drug(s) to test for, with the specimenon its own chain of custody document.

c.All requests for steroid testing must be coordinated withACSAP and the Ft. Meade FTDTL. Once approved, the commander must send amemorandum requesting the test with one DD Form 2624 for one to 12 specimenssubmitted. All specimens must contain at least 60 ml of urine. If a specimen issubmitted for steroid testing, no other testing will be performed on the specimen.

11–10.Laboratory security

a.Specimens and aliquots must always be in the possession of anauthorized member of the FTDTL staff, in a

secure storage area, or assignedto an instrument on which aliquots are tested.

b.Laboratory commanders will designate and document access tolimited access areas to include the specimen processing section, all temporaryand long-term specimen storage areas and record testing document storage areas.

c.At no time, regardless of access authority, will a singleperson be alone in the specimen processing area.

d.The physical security of every FTDTL will be inspectedannually to insure the integrity and security of every specimen. The FTDTL willmake a copy of the inspection results available to the inspectors during thetriennial DOD lab inspection.

Chapter12 Risk Reduction Program

12–1.Overview

The RRP is a commander’s tool designed to identify and reduceSoldiers’ high-risk behaviors in the areas of substance abuse, spouse and childabuse, sexually-transmitted diseases infections, suicide, crimesagainst property, crimes against persons, AWOL, traffic violations, accidents(which include injuries), and financial problems. The RRP focuses on effectiveuse of installation resources and a coordinated effort between commanders and installationagencies to implement intervention and prevention programs. The RRP supportsthe Army’s Health Promotion RRP initiatives by integratingprevention and intervention programs into a framework contributing toperformance, readiness, and retention. The RRP also allows commanders tocompare their units against others to determine if their units require commandand/or other interventions.

12–2.Objectives

The objectives of the RRP are to—

a. Monthlycompile, analyze, and assess behavioral risk and other data toidentify trends and units with high-risk

profiles. Utilizefindings to predict and address target intervention or prevention efforts.

b. Providesystematic prevention and intervention methods and materials to commanders toeliminate or mitigate

individual high-risk behaviors.

12–3.Policy

a.All installations with 500 or more Active Army Soldiers willoffer RRP services to the tenant units of the installation. RRP services aredefined as data collection, data quality control, dataanalysis, commander consultation, URI or R-URIsurveys, and prevention and intervention services.

b.Installation RRPCs will provide riskincident data for risk factors to the ACSAP by the 15th of the monthfollowing the end of each calendar quarter on a monthly basis; dueby the 10th of the following month. Data will besubmitted for every brigade, battalion, and major separatecompany by UIC and unit name.

12–4.Headquarters Risk Reduction Program working group

a. To effectively coordinate the RRP, theorganizations listed below will form a HQDA RRP working group.

(1) The DCS, G–1(Human Resources Policy Directorate to include representatives from ACSAP andthe SuicidePrevention, Sexual Assault Prevention and Response, and Well-Beingprograms).

(2) The DCS,G–3/5/7 (Security, Force Protection and Law Enforcement Division).

(3) The SurgeonGeneral.

(4) DASAF.

(5) The IMCOM (U.S.Army Family, Moral, Welfare, and Recreation and IMCOM ADCO).

(6) The ACOMs,ASCCs, and DRUs.

b. Theworking group will establish definitions, standards and goals for risk factorincident rates for use in RRP and

in the Army Well-Being ActionPlan.

c. Functionalproponents will interact with other HQDA level panels and GO SteeringCommittees. (for example,

safety coordinating panel, ArmyFamily action plan and other HQDA agencies.)

d. Functionalproponents will participate in the design, development and delivery of IPTtraining.

e. ThroughIMCOM, functional proponents will ensure installation program providers intheir functional areas

participate in and assist the RRPin meeting its objectives.

f. Functionalproponents will provide information for the RRP knowledge base repository intheir functional areas.

12–5.Installation/command reporting requirements

a.Installation commanders will ensure installation risk factorproponents provide incident data to the RRPC in the correct format and in atimely manner. The data provided will include, but not be limited to thehigh-risk factors listed in table 12–1 below.

b.Risk data proponents will provide/input data to the RRPC bythe 10th of the month following completion of the reporting quarter 5thof each month. The RRPC (or their installation or commandproponents) will input the data on the RRP Web-based system provided byACSAP (http://risk.acsap.army.mil) by the 15th of the monthfollowing the completion of the reporting quarter (15 January, 15 April, 15July, and 15 October). Web-based system provided by ACSAP(http://risk.acsap.army.mil) by the 10th of each month.

c.Data collection population will both include anddifferentiate permanent party, professional military education

students attending school, and initial entry trainingSoldiers.

AR 600-85 The Army Substance Abuse Program (7)

Table 12–1

No.

Factor

Definition

Data proponent

1.

Deaths

The number of all deaths among members of the reporting unit.

Casualty assistance office, safety office, provost marshal office (PMO), hospital

2.

Accidents

The number of accidents involving $2,000 or more damage to Government property assigned to the reporting unit. (Class A, B, C &D accidents.)

Safety office

3.

Injuries

The number of injuries among members of the reporting unit that require medical attention, and result in 1 or more duty days lost.

Safety office

4.

Standards

The number of new cases of all standards among members of the reporting unit (whether they remain deployable or become nondeployable).

Prevention medicine, DCS, G–1

5.

Suicide attempts and self harm

The number of suicide gestures and suicide attempts. Not ideations, by members of the reporting unit.

Behavioral health, PMO, chaplain, DCS, G–1

6.

AWOLs

The number of AWOL charges brought against members of the reporting unit.

PMO

7.

Drug offenses

The number of drug-related offenses charged to members of the reporting unit. These include, but are not limited to, possess and sale (but not USE) of a controlled substance.

PMO

Table 12–1

AR 600-85 The Army Substance Abuse Program (8)

High-riskfactors—Continued

8.

Alcohol offenses

The number of alcohol-related offenses charged to members of the reporting unit. These include, but are not limited to DWI/DUI, public intoxication, drunk and disorderly conduct, alcohol-related reckless driving, possession by a minor, and consumption by a minor.

PMO

9.

Traffic violations

The number of moving traffic violations charged to members of the reporting unit. These include, but are not limited to, speeding, failure to obey a traffic device, accidents, and nonalcohol-related reckless driving.

PMO

10.

Crimes against persons

The numbers of crimes against persons charged to member of the reporting unit. These include, but are not limited to simple assault, aggravated assault, murder, robbery, concealed weapons, kidnapping, harassment and threats, sodomy, rape indecent assault, adultery, and forgery. Note: Do not include any of the drug offenses or alcohol offenses in the factor.

PMO

11.

Crimes against property

The number of crimes against property changed to members of the reporting unit. These include, but are not limited to, house breaking/burglary, automobile theft of private property, damage to property, and vandalism.

PMO

12.

Spouse abuse

The number of substantiated cases of spouse abuse where the perpetrator and/or victim are a member of the reporting unit.

Social Work Services, Army Community Service (ACS)/ FAP

13.

Child abuse

The number of substantiated cases of child abuse where the perpetrator is a member of the reporting unit

Social Work Services, ACS/FAP

14.

Financial problems

The number of Soldiers who seek financial assistance for Army Emergency Relief or assistance with debt liquidation or money mismanagement (for example, problems with creditors due to bounced checks; problems paying the Army or mortgage; or borrowing from “payday” lending institutions) among members of the reporting unit

ACS/Army Emergency Relief

15.

Urinalysis specimens shipped

The number of urinalysis specimens that were shipped for testing from this reporting unit.

DTC, DAMIS, G–1

16.

Positive urinalysis

The number of confirmed positive urinalysis test results among members of the reporting unit.

DTC, DAMIS, G–1

17.

Warning

letters

The number of letters to members of the reporting unit that, if inappropriate behavior continues, the consequence is a loss of on-post housing.

Garrison commander, housing office

18.

Eviction notices

The number of notices issued to members of the reporting unit evicting them from on-post housing.

Garrison commander, housing office

19.

Chapter elimination

The number of chapter eliminations in the reporting unit that are based on AR 635–200 (chap 5, 9, 10, 13, or 14), and AR 600–8–24 (chap 4).

SJA, adjutant general (AG)

20.

Court mar-

tial

The number of courts-martial in the reporting unit.

SJA, AG

21.

Disciplinary actions

The number of administrative disciplinary actions (nonjudicial) in the reporting unit (Article 15, GO memorandums of reprimand, and so forth)

SJA, AG

d. Any Soldier hasa potential exposure to risk and therefore to ensure accurately capturing aunit’s total

potential for risk,RRPCs will report the total peak population of a given unit within the month.

12–6.Unit risk inventory and re-integration unit risk inventory

Two prominent features of the RRP are the URI and the R-URI.These command climate surveys help commanders determine the actual occurrencesof high-risk behaviors, not just reported incidences, because Soldiers completethe surveys anonymously. Combined with data on actual occurrences of high-riskbehaviors and the expertise of the IPT, these surveys help installation careproviders target appropriate intervention strategies where they are neededmost. Commanders will coordinate with the installation ASAP to administer theURI to all deploying Soldiers at least 30 days before an operational deploymentand the R-URI to redeploying Soldiers between 90 30 and180 days of their return from deployment. Commanders may coordinate with theinstallation ASAP to administer the URI to their units at any time; however,incoming commanders should consider this a necessary action during their changeof command.

12–7.Installation prevention team

a.The IPT is composed of representatives from the humanservices installation programs and supporting agencies(for example ASAP, Safety, PM, ACS/Family Advocacy, Preventive Medicine,Chaplain’s office, Community Behavioral Health Center, SJA, Community HealthPromotion Program, USACIDC, and so forth). Installation commanders may modifyteam composition to meet their RRP mission requirements.

b.The IPT will meet at least quarterly to discuss preventionissues that affect the entire garrison community. The IPT will review andanalyze the installation’s risk reduction unit data and URI/R-URI data Incollaboration with commanders, the IPT will to develop preventionstrategies and interventions to address the high risk factors affecting units.IPT members will also collaborate to develop and implement an IPP.

c.The IPT will provide a quarterly statistical analysis of riskfactors to commanders of all battalions.

Chapter13 Program Evaluation

13–1.Overview

a. Program evaluation is an integral part of ASAPprogram planning, decision-making, and management at all

levels. Program evaluation will:

(1) Ensureintegration of all facets of the ASAP at every level of command.

(2) Facilitateprioritizing of ASAP efforts.

(3) Providefeedback for continuous program improvement and resource allocation.

(4) Identifyareas for possible research by HQDA.

b. Program evaluation activities arecapstone activities that assess the performance and effectiveness of the ASAPor specific components of the ASAP across the Army and include periodic programmanager assessments, inspections, analyses of statistical performance measuresdata, systematic and/or ad hoc program evaluations, evaluations ofdemonstration projects, and assessments of progress towards preestablished ASAPgoals.

13–2.Authority

The ACSAP retains the authority to conduct all evaluations ofgarrison ASAPs and to delegate authority to other parties. USAMEDCOM retainsthe authority to conduct all evaluations of clinical ASAPs and to delegateauthority to the RMCs.

13–3.Program manager assessments

a. TheADCO will complete the Management Internal ControlEvaluation Checklist appendix C of this regulation (app H) inaccordance with AR 11–2.

b. TheADCO will use the program evaluation test questions appendix D of thisregulation (app H) at least annually

to facilitate an evaluation forongoing program improvement.

c. TheUSAMEDCOM ASAP clinical program manager will use the accreditation standardschecklist in evaluating

clinical programs.

13–4.Inspections

Inspection activities, whenconsolidated, become moving assessments of program processes Armywide. Thebroad, program oversight inspections will include:

a. The ACSAP program oversightinspections. The ACSAP will inspect installation’s overall substance abuseprograms at least once every 2 years. When needed, inspections may be conductedjointly with USAMEDCOM. The annual inspection schedule will be based on resultsof previous inspections, time elapsed since the last inspection, statisticaldata (installation status report (ISR), DAMIS drug reports, DUI/urinalysisquarterly reports), and requests from the DCS, G–1, installation and garrisoncommanders, and IMCOM. All inspections will be coordinated through the IMCOM.Each inspection will:

(1) Assess allfunctional areas of the garrison ASAP.

(2) Assessachievement of all program objectives.

(3) Assess programeffectiveness, efficiencies, and customer service, including commanders’ andother customers’perceptions.

(4) Evaluate thelevel of integration of all facets of the ASAP.

(5) Obtain data fordevelopment of policies and procedures and determination of resources orallocations.

(6) Determineproblem areas and requirements for technical assistance at specificinstallations.

(7) Determinecompliance with directives.

(8) Providefeedback as a basis for program improvement and allocation of dollar and staffresources.

(Video) SMVF Webinar: Addressing Substance Use Among Our National Guard and Reserve

b. The Army Center for Substance AbusePrograms drug testing inspections. The ACSAP will inspect installation DTPsat least every 3 years. The inspections will focus on the entire drug testingprocess from individual urinalysis collections to collection point operationsusing the ACSAP DTP inspection checklist. The inspections will be conductedjointly with program oversight inspections, if possible. The annual inspectionschedule will be based on the results of previous inspections; time elapsedsince the last inspection, statistical data (ISR, DAMIS drug reports, anddiscrepancy rates), requests from the DCS, G–1, installation/garrisoncommanders and IMCOM, and funding. All inspections will be coordinated throughthe IMCOM. Each inspection will evaluate the following areas:

(1) Militaryurinalysis collections.

(2) Civilianurinalysis collections.

(3) Drugtesting collection point operations.

(4) DTPmanagement.

c. The medical commander inspections. TheUSAMEDCOM will inspect the ASAP counseling program at each installation atleast annually. The regional CDs will conduct the inspections and provide areport to the MEDCOM Alcohol and Drug Program Manager and the Director, ASAP.

13–5.Program evaluation methods

The ACSAP will employ many differenttools to evaluate the ASAP and its component parts. Methods will include— a.Continuous evaluations such as: “moving averages” of drug positive and RRPrisk incident rates at the installa-

tion, region, and Army-level;Soldier or commander assessments and feedback; ISR and well-being statusreport.

b.Periodic evaluations such as: DOD Health-Related BehaviorsSurveys; periodic worldwide evaluations of the ASAP program including surveysand site visits.

c.Purpose-specific evaluations such as: Assessing the effectsof demonstration programs and initiatives; assessing

policy changes; and responding toDOD and Army leadership requests.

d.Required reports that assess the performance andeffectiveness of the ASAP, such as: DA Form 3711; DA Form 4465; DA Form 4466;DUI reports; ISR measures; input of MRO reviews; and EAP screening data.

e.Comparative analyses of data in the Risk Reduction database,the DAMIS, plus Program Oversight and Drug Testing Inspections in order toidentify installations that require additional program evaluation by the ACSAP.

13–6.Army Substance Abuse Program installation status report measures

a.The ISR systematically evaluates the status of installationsby measuring performance against a set of Armywide standards, and justifyingand allocating resources. The DCS, G–1 is the proponent for ISR services, ASAPPerformance Measures (Service 09), administered and managed by the ACSAP.

b.ASAP performance measures track, on an annual basis, eachinstallation’s performance compared to standards that are well-grounded inregulations, policy and PL to ensure installation performance is measuredagainst published and well-understood ASAP standards. These measures may varyfrom 1 year to the next depending on current program emphasis and need. ASAPperformance measures are developed by the ACSAP, and are staffed throughout theArmy, but primarily through IMCOM. Issues raised are addressed in an annualafter action review (AAR) hosted by the Assistant Chief of Staff forInstallation Management and attended by HQDA proponents and IMCOMrepresentatives. Issues are resolved at the AAR and the results are presentedto a council of colonels, which makes any final changes before forwarding itsrecommendations to the General Officer Steering Committee, which has the finaldecision for approval of the performance measures. The ASAP representative forthe council of colonels is the Director, ASAP. The ASAP representative for theGeneral Officer Steering Committee is the Director, Human Resources Policy,DCS, G–1. Upon approval, the new performance measures go into effect in thefollowing fiscal year for data collection.

c.The ACSAP will use the ASAP ISR performance measures toconnect resources to outcomes measured against

standards, and:

(1) Determinewhat services should cost via Standard Service Costing.

(2) Provideservice performance data.

(3) Use withService Based Costing pacing measure and cost data.

(4) DefendBase Operations program requirements.

(5) Compareactual with expected performance.

(6) Determinemost effective business practices.

13–7.Well-being status report

a. Thewell-being status report systematically evaluates the status of near-term,mid-term and long-term objectives

of the well-being functions described in the U.S. ArmyWell-Being Action Plan. The ACSAP is the proponent for risk reduction function,which integrates program objectives for the ASAP, the U.S. Army Suicide PreventionProgram, and the RRP. Annual progress assessments will be completed for theseobjectives in accordance with guidance the DCS, G–1, Human Resources PolicyDirectorate’s Well Being Division. Data required for the assessments will becollected from installations through IMCOM. The ACSAP will consolidatesubstance abuse and risk reduction data for reporting to the Well BeingDivision.

b. TheACSAP will use the ASAP and RRP well-being status report measures to gauge andanalyze progress toward

the established objectives and institute corrective actionsif required.

13–8.Army Substance Abuse Program research

a.The ASAP intends to be a streamlined ‘best practice’ programdelivering effective services at reasonable costs. To do so requires constantinnovation and adaptation of new concepts and procedures.

b.The ACSAP will sponsor, conduct, and collaborate on researchas required and resourced. The ACSAP will seek collaborative researchactivities with other Army, other governmental agencies, and researchinstitutions to leverage resources and combine information. Research topics mayrange from investigations of basic biological determinants of substance abusepredisposition to demonstration programs of different educational or treatmentmodalities.

c.Parties requesting or intending to research any of the ASAPfunctions will contact the ACSAP for coordination

and approval.

Chapter14 Army Substance Abuse Program Information and Records Management

SectionI

Introduction

14–1.Overview

a.The DAMIS is the Army’s official repository for allcurrent and historical Army Substance Abuse Program (ASAP)-related information.This information is necessary for routine and special reports to programmanagers and decision makers. It serves as a vital reservoir of data from whichresearch activities can take place. Computer processing and statisticalanalysis packages are used to develop these reports in convenient formats. DAMISwill support Army Health Promotion (AR 600-63) and the Health Promotion, RiskReduction, Suicide Prevention guidance for information sharing described in DAPam 600–24, chapter 8.

b.The total DAMIS data base contains sensitive patientinformation, urinalysis information, staffing and workload information, andaccess to personnel information for gathering data on current and formerpatients to determine long term success of Soldiers who have completed theprogram and remain in the Army. DAMIS provides essential management informationon the ASAP at each level of command. The data generated by the DAMIS providesthe capability to—

(1) Measure themagnitude of alcohol and other drug abuse.

(2) Measure theprogress made in the ASAP prevention and risk education efforts.

(3) Measure theprogress made in the rehabilitative and medical treatment aspects of the ASAP.

(4) Identifystatistical trends to support requisite policy and procedural changes.

(5) Identifyfunding and manpower requirements for the ASAP.

(6) Reply topublic, media, Congressional, or other Government agency inquiries.

(7) Performbackground checks on ASAP program military personnel. (Information will bereleased only toindividuals who have an official need to know prior toappointing some into an ASAP-related position.)

(8) Performbackground checks on civilian corps members with prior written consent of theemployee in accordancewith 42 CFR 290dd-2. Information will be released only tothe agency designated on DA Form 5018–R.

c.The data contained in the DAMIS originates from the FTDTL,ADCO, ASAP counselor, and the integrated Total Army Personnel Database input.

d.Due to confidentiality requirements cited in paragraph 14–2,below, only ACSAP personnel and selected ASAP

personnel may have access to DAMIS. See DA Pam 600–85 forASAP access instructions.

14–2.Policy

The release and/or discussion of information within the ArmedForces concerning an abuse of alcohol and other drugs is governed by therestrictions contained in the 5 USC 552a, 42 USC 290dd-2, AR 40–66, and AR340–21.

a.For Soldiers such information will be made known to thoseindividuals within the Armed Forces who have an official need to know. Therestrictions on release of information outside the Armed Forces are prescribedby the legal authorities 42 USC 290dd-2 and 42 CFR Part 2 cited, above. Foradditional information refer to chapter 6 of this regulation.

b.For civilian corps members, the restrictions on release ofinformation within or outside the Armed Forces are prescribed by the legalauthorities 42 USC 290dd-2 and 42 CFR Part 2 cited above. For additionalinformation refer to chapter 6 of this regulation.

SectionII

ReportingProcedures

14–3.Army Substance Abuse Program input reports

The following are reports thatwill be submitted in electronic format when the data will be maintained by theDAMIS:

a. DA Form 3711 contains ASAP management informationabout population served, prevention and education,

manpower utilization and staffing,and obligated funds.

(1)Installation ADCOs, with input from the ASAP clinics, will submitthe completed DA Form 3711 on the lastworking day of the month following theperiod the report covers.

(2)The ACSAP will review the electronic DA Form 3711 for accuracyand completeness and will contact theADCO if a form is in error or incomplete.The ADCO will provide the corrections to ACSAP within 10 duty days ofnotification.

b. DA Form 4465 documents all civiliancorps members and Soldiers evaluated by an ASAP counselor or enrolled in theASAP. In addition, DA Form 4465 will ensure that Soldiers who areretained after being identified of as a substance abuser are screened andevaluated by a certified and/or licensed substance abuse counselor and that thecounselor completes DA Form 4465. It provides demographic anddisposition data on individuals referred to the ASAP clinics. See the DAMISGuide for the Completion of ASAP Forms for an example of DA Form 4465 andsubmission requirements.

(1)The CD will review the completed DA Forms 4465 submitted bycounseling personnel at ASAPs, and ensure they are enteredinto DAMIS within 10 working days of the ASAP counselor’s evaluation. TheUSAR ADCO or Joint Substance Abuse Program officer (JSAPO) will ensure that DAForms 4465 are entered within 45 days after the Soldier’s evaluation occurs.

(2)The ACSAP will review electronic DA Forms 4465 for accuracy andcompleteness and will contact the ASAP ifa form is in error or incomplete. The CDASAP will provide corrections to ACSAP within 10 dutydays of notification. The CD ASAP POC (CD, JSAPO, USAR ADCO) hasthe primary responsibility for resolving problems relating to timely andaccurate submission of DA Forms 4465. The installation ADCO will serve as anadditional point of contact.

c. DA Form 4466 documents specificmilestones during a patient’s enrollment in the ASAP clinic (for example,permanent change of station (PCS) actions, changes to diagnosis or basis forenrollment, progress evaluations, and releases from the ASAP). (See theDAMIS Guide for the Completion of ASAP Forms for an example of DA Form 4466 andsubmission requirements.) In addition, DA Form 4466 will documentmilestones (minimum of every 90 days and program release) for Active andReserve Component Soldiers treated by certified and/or approved counseling ortreatment agencies.

(1)The CD will ensure DA Forms 4466 are completed at theoccurrence of each milestone in a patient’s rehabilitation and review allcompleted DA Forms 4466 for accuracy and completeness. The USARADCO or JSAPO will ensure that DA Forms 4466 are received and entered intoDAMIS at appropriate milestones in a Soldier’s treatment process.

(2)The ACSAP will review incoming DA Forms 4466 for accuracy andcompleteness and will contact the ASAP ifa form is found to be in error orincomplete. The CD ASAP will provide thecorrections to ACSAP within 10 duty days of notification. The ASAP POC(CD, JSAPO, USAR ADCO) has the primary responsibility for the resolutionof problems relating to timely and accurate submission of DA Forms 4466. Theinstallation ADCO will serve as an additional point of contact.

(3)Special situations requiring completion and submission of DAForms 4466 to the ACSAP:

(a)The CD will submit a DA Form 4466 to document PCS actions fortemporary duty Soldiers who are absent from their permanent duty station for 31days or more.

(b)The CD ASAP POC will submit DAForm 4466 documenting PCS actions for transferred Soldiers. Exceptions areindividuals who are separated/discharged from the Army and require DA Form 4466documenting a release from the program.

(c)The CD ASAP POC will submit DAForm 4466 documenting release from the program of military patients who areAWOL for 31 days or more (dropped from rolls). The ASAP POC willsubmit a new DA Form 4465 on Soldiers returned from dropped from rolls status.

(d)The OCONUS CDs will submit DA Form 4466 documenting releasesfrom the program for Soldiers returned to CONUS for separation.

d. Theinstallation EAPC will input the initial counseling session into DAMIS.

e. TheMRO review data will be completed and entered into DAMIS within 15 working daysof the results being

posted on the FTDTL’s Web portal.

f. TheADAPT attendance records allow DAMIS to contain the complete record of aSoldiers ASAP program and

allows the ACSAP and local ASAPsto evaluate the effectiveness of the ADAPT.

(1) ThePC will submit the requested data through DAMIS within 10 days of each coursecompletion.

(2)See the DAMIS Guide for the Completion of ASAP Forms for anexample of DUI/urinalysis report and submission requirements.

g. The DUI/urinalysis quarterly report is for thecollection of substance abuse related traffic violations and positive

urinalysis.

(1)The ADCO will submit the data on a fiscal year quarterly basis toarrive by the last day of the month followingthe end of each calendar quarter.(for example, 31 January, 30 April, 31 July, and 31 October.)

(2)See the DAMIS Guide for the Completion of ASAP Forms for anexample of DUI/urinalysis report and submission requirements.

14–4.Army Substance Abuse Program request to change data stored in Drug and AlcoholManagement Information System

All changes of data in DAMIS must be requested in the form ofMFR on letterhead addressed to the Director, ASAP. The request must state thereason for change and will be accompanied with all supporting documentation andbe signed by the ADCO.

SectionIII

ReportingRequirements

14–5.Integrated Total Army Personnel Database reporting requirements

The DAMIS provides real time access to a Soldier’s assignmentdata through Integrated Total Army Personnel Database reporting requirements ifthe Soldier has a DAMIS record.

14–6.United States Army Medical Command reporting requirements

a. By the 10th of each month USAMEDCOMwill provide the following data for both military and civilian tests to

the Director, ASAP for theprevious month’s operations of each FTDTL:

(1) Totalspecimens received.

(2) Totalspecimens tested by drug type.

(3) Totalspecimens confirmed positive.

(4) Totalspecimens confirmed positive by drug.

(5) TotalSoldiers confirmed positive.

(6) Totalspecimens with discrepancies that caused the specimen not to be tested, bydiscrepancy category.

(7) Seeparagraphs (1) through (6) above, by BAC or installation.

(8) See paragraphs(1) through (7) above, by IMCOM Region.

(9) Seeparagraphs (1) through (8) above, on total fiscal year to date basis.

b. Notifythe Director, ACSAP, and the installation ADCO immediately regarding any falsepositive results reported

by the FTDTLs.

c. TheUSAMEDCOM will provide a daily download of drug testing data from theLaboratory Information Management System (LIMS) to DAMIS.

d. TheUSAMEDCOM will notify the Director, ASAP of any changes in the nomenclature ornaming of testing data

prior to making changes within the FTDTL information system.

SectionIV

ArmySubstance Abuse Program Client Records

14–7.Army Substance Abuse Program client records

a.ASAP client records, excluding DA Form 4465 and DA Form 4466,are governed by AR 40–66 and will consist of official forms referred to in AR40–66. Both military and nonmilitary personnel enrolled in the ASAP will havean ASAP outpatient medical record (ASAP–OMR). ASAP records of Family membersand civilians must not be entered into the Armed Forces Health LongitudinalTechnology Application (AHLTA). Progress notes will be recorded only on SF 600(Medical Record–Chronological Record of Medical Care). No other official formswill be created without MTF approval. Counseling correspondence and reportsfrom outside agencies will be maintained in the ASAP client records.

b.Every document contained in the client record will complywith the requirements of 5 USC 522a, 42 USC 290dd2 and HIPAA to the extentapplicable.

14–8.Army Substance Abuse Program client record filing procedures

a. ASAP client records will be maintained in one ofthe following categories:

(1)Open client case records will include clients seen on a regularlyscheduled basis as well as clients in Level IIprograms.

(2)Closed client case records will include clients in an inactivestatus and those pending transfer of record. Theserecords will be maintained asinactive records and retained in accordance with AR 25–400–2. Patients referredto as being in the inactive patient status include former employees or thosescreened and returned to units with no further action indicated. Formerparticipants of ADAPT or ASAP rehabilitation are filed in the inactive recordswhen not receiving follow-up.

b. Access to individual ASAP client records will berestricted to the following:

(1) Rehabilitationstaff members.

(2) TheAMEDD designated personnel involved in rehabilitation of individual patientsand AMEDD evaluators whowill be charged with determining the extent ofcompliance with this regulation. Only USAMEDCOM personnel participating asmembers of official inspection teams will have access.

c. Civilian and military records will be stored inseparate lockable containers or drawers.

SectionV

ManagementInformation Feedback Reports

14–9.Overview

a.Direct communication between the Director, ACSAP andinstallation ADCOs is authorized. The ACSAP will maintain a historical databaseof ASAP data collected from DA Forms 3711, DA Forms 4465, and DA Forms 4466that will be used for program management and strategic program planning.

b.The ACSAP will produce management reports for eachinstallation ADCO and CD, Region ADCO, and the IMCOM Substance Abuse ProgramManager. This information will be derived from DA Forms 3711, DA Forms 4465,and DA Forms 4466 submitted to ACSAP.

c.The ACSAP will provide ADCOs and CDs information outliningthe accuracy and timeliness of DA Forms 3711, DA Forms 4465, and DA Forms 4466received from their installations.

14–10.Drug and Alcohol Management Information System reports

The information retained in DAMIS allows the ASAPs to obtainreports that will allow the ADCO or CD to provide accurate data on allSoldiers. Available reports include—

a. RepeatPositive Detail - by SSN.

b. RepeatPositive Detail - by BAC.

c. DrugDetail Report.

d. DeployedDrug Detail Report.

e. UnitDrug Detail Report.

f. DTPUtilization.

g. TestBasis Positives.

h. DeployedTest Basis Positives.

i. RepeatPositive Summary.

j. ScreeningEnrollment.

k. RehabilitationCompletion.

l. RehabilitationCaseload.

m. MRO -Delinquent Evaluations.

n. Printablecompleted DA Forms 4465, DA Forms 4466, and DA Forms 3711.

o. OtherDA specific reports.

14–11.Drug and Alcohol Management Information System metrics

The ACSAP will track all reportingthat is required from the ASAPs and provide feedback to those ASAPs not incompliance with this chapter.

Chapter15 Army Substance Abuse Program in the Army National Guard

SectionI General

15–1.Scope

The ASAP policies and procedures in this regulation apply toall components of the Army, including the ARNG. However, due to the differentlaws and conditions that affect National Guardsmen when they are on state andfederal duty, some additional ASAP policies and procedures also apply. Thischapter establishes those specific policies, responsibilities, and procedures forimplementing and managing the ASAP in the ARNG.

15–2.Applicability

a. This chapter applies to all ARNG Soldiers, exceptfor personnel in the following duty categories, who are covered

by the provisions in the otherchapters of this regulation:

(1) AD of 30days or more that is not for training, including AD in an AGR status underTitle 10 USC.

(2) Specialtours of active duty for training (ADT) of 30 days or more.

(3) InitialAD training.

(4) InvoluntaryADT of 45 days or more.

(5) Soldiersordered to AD status during periods of partial, full, or total mobilization.

b. State employees and Federal technicians are notserving in a military duty status while employed in those

capacities, and this chapter does not apply to them unlessotherwise stated.

SectionII

NationalGuard Specific Responsibilities

15–3.Chief Surgeon, Army Reserve National Guard

The Chief Surgeon will—

a. Providetechnical consultation on all medical aspects of the ARNG ASAP.

b. Coordinatewith the states to ensure they have state MROs who are trained and certified byUSAMEDCOM.

15–4.Chief, National Guard Bureau counterdrug division

The Chief, National Guard Bureau, Counterdrug Directorate(NGB–J32) will develop policy and regulatory guidance concerning programfunding, internal controls, and evaluations.

15–5.Chief, Substance Abuse Section

The Chief, Substance Abuse Sectionwill—

a. Administer,manage, and provide direction to the ARNG ASAP.

b. Establishrequirements and prepare budget requests for ARNG funds to support the ASAP.

c. Determine,allocate, and manage urinalysis quotas for the states and territories.

d. Provideliaison with HQDA and other agencies on ASAP matters.

e. Developand provide guidance to the state MROs to ensure timely completion of medicalreviews.

f. Developand provide guidance to state JSAPOs regarding funding requirements and drugtesting quota utilization.

g. EnsureMRO findings, substance abuse training, UPL certification, and DAForms 4465 (screening) and DA Forms 4466 (progress reports) areinput into the DAMIS.

h. CoordinateASAP policy and procedures with the ACSAP.

15–6.State adjutants general

The state AGs will—

a. Provideprogram management and operational supervision of the ARNG ASAP within theirstate or territory.

b. Ensurethat state policies and standards are clearly understood and adhered to by allARNG members. c. Designate a JSAPO on appointment orders.

d. Designatea state MRO on appointment orders.

e. Designatea ARNG JSAPC on appointment orders.

f. Directthe establishment of an Alcohol Drug Intervention Council (ADIC).

15–7.Joint Substance Abuse Program officer

Each JSAPO will—

a. Asan additional duty, act as the principal staff officer for coordinating andmanaging the ARNG ASAP for they

respective state AG.

b. Ensurethat the state counterdrug coordinator is informed of all ASAP issues.

c. Coordinatestate ARNG activities in substance abuse prevention, education, training, ID,referral, follow-up, and

program evaluation.

d. Manageand allocate drug-testing quotas within the state in accordance with thepolicies and priorities established

by the NGB and the state AG.

e. Ensureall ASAP personnel involved in the collection or processing of urinalysisspecimens are trained and certified on the procedures established in appendix Eof this regulation, and that personnel who train UPLs in their collectionduties are certified in accordance with paragraph 9–5e of this regulation byattending a NGB-approved ASAP training course.

f. Provideperiodic program evaluation to the state AG and required reports to the NGB.

g. Maintainthe state ASAP records and reports in accordance with AR 25–400–2 and stateregulations.

h. Identifystate certified, community-based alcohol and other drug referral, counseling,and rehabilitation services

and ensure that this informationis made available to unit commanders for use in the referral process. i. Serveas a member of the ADIC.

j.Coordinate with the ADCO of the Active Army installation(s)assigned garrison support responsibilities, the

respective CD, and the RMCregarding available ASAP support.

k. Ensurethat all mobilizing company-size or larger units arrive at the mobilizationstation with two trained and certified UPLs, whose certification willlast through the deployment or at least 12 months, and enough drugtesting supplies to test 100 percent of unit strength theirassigned strength at mobilization station.

l.Ensure that the state temporary storage site for urinalysisspecimens meets the requirements of appendix E–11 of

this regulation.

m. EnsureMROs receive test results requiring review within 5 working days of their beingposted on the FTDTL Web portal. The JSAPO will ensure that MROreceives test results requiring review and the legitimate prescriptiondocumentation within 15 calendar days of receipt at the JSAPC.

n. Ensurethat MRO determinations about the legitimate use of prescription drugs by ARNGSoldiers are entered in

DAMIS within 5 working days ofreceiving them from the MRO

o. Ensurethat the MRO is trained and certified for their duties in accordance withUSAMEDCOM requirements (see para 9–9e).

p. Attendand complete an NGB-approved ASAP training course within 12 months ofappointment.

q. Ensurethat substance abuse training rosters are received from units and that the datais entered into DAMIS

within 10 working daysof receiving the roster.

r. Enterthe name, rank, and other information required on Soldiers that are certifiedas UPLs into DAMIS

within 10 working daysafter a UPL certification is complete.

s. Ensurethat Soldiers who are retained after being identified as a substance abuser arescreened and evaluated by a licensed and/or certified substance abuse counselorand that the counselor provides the information necessary to complete DA Form4465 and DA Form 4466. The appropriate required data from DA Form 4465 and DAForm 4466 will be entered into DAMIS by the JSAPC or PC within 10 working daysof receipt.

t.Ensure that Soldiers enrolled in treatment submit acompleted DA Form 4466 from their counselor at a minimum every 90 days andprogram release. DA Form 4466 will be entered into DAMIS within 10 working daysof receipt.

u. Trackand maintain a list of referral rates and separation actions. The ADIC willprovide quarterly reports to

the The AdjutantGeneral, ARNG headquarters, and NGB.

15–8.Joint Substance Abuse Program coordinator

Each JSAPC will—

a.Meet the requirements for DTCs outlined in paragraph 9–5of this regulation. Attend and complete an NGB-

approved ASAP trainingcourse within 12 months.

b.Be certified by the DA Drug Test Coordinator CertificationCourse if they receives custody of any Soldiers’ urinalysis specimens. The samerequirement applies to anyone at the state level, who receives custody ofSoldiers’ urinalysis specimens regardless of duty title.

c. Bean E–5 or above and be appointed, in writing, to serve as the JSAPC by thestate AG.

d. Completethe NGB–J3–CDO–D Substance Abuse Section Substance Abuse ProgramOfficer/Substance Abuse Program Coordinator Course within 12 months ofappointment.

e. Performday-to-day management of the state’s JNGSAP to include management of substanceabuse funds.

f. Managethe state’s JNGSAP automation program.

g. Preparerandom, mandatory testing, and other test rosters, as necessary, for use inconducting the state’s urinalysis collections.

h. Receivethe state’s drug test results from the FTDTL Web portal.

i. Coordinatethe positive result notification process through the appropriate officesensuring that Soldiers’ personal

information is protected frominadvertent disclosure until it reaches the Soldier’s commander.

j. Ordercommanders’ drug testing reports as needed.

k. Submitrequests to the FTDTL for specimens to be retained for longer than 1 year, asneeded.

l. Providetechnical support and troubleshooting for the state’s JNGSAP.

m. Receivespecimens from all collection sites and conduct quality control inspections ofurine specimens prior to forwarding them to the FTDTL for testing. The JSAPCwill not alter specimens to correct discrepancies, but may use a certificate ofcorrection (see app E of this regulation) to correct the discrepancies ifpossible.

n. Staffrequests for retests of specimens, when requested, in accordance with paragraph4–6 of this regulation.

o. Ensurethe state’s JNGSAP is conducted according to proper procedures in aprofessional, controlled and

unbiased manner.

p. Prepareand conduct certification training for UPLs that meets the DA UPL CTPstandards.

q. Provideperiodic staff assistance visits to state units.

r. Orderand maintain administrative and testing supplies.

s. Atthe discretion of the JSAPO, be the state JNGSAP’s liaison to the NGB–J3–CD SAsection.

t. Maintainthe state’s drug testing records, files, policy guidance, and correspondence inaccordance with AR 25–400–2 and Privacy Act guidelines.

u. Coordinatewith the JSAPO on JNGSAP reports and tracking issues.

v. Updatethe state’s action plan to reduce discrepancies every month that the state’sfatal discrepancy rate is over 1

percent.

w. Maintainan updated list of state-certified drug counseling and rehabilitationfacilities.

15–9.State medical review officer

Each state MRO will—

a.Be appointed on orders by the state AG.

b.In accordance with MEDCOM Reg 40–51, be eligible to serve asMRO and trained an certified to perform MRO

duties by USAMEDCOM within thefirst 6 months of duty assignment (see para 9–9e).

c.Determine if positive drug results reported by the FTDTLcould have resulted from the legal use of a prescription drug for medicalreasons and/or for drugs administered during surgical or dental procedures. TheMRO will make the determination and notify the JSAPC within 30 15days of receiving the positive result to review.

d.If necessary, coordinate with the unit commander, who willoffer the Soldier the opportunity to furnish medical evidence in the form of amedical prescription and/or statement from the Soldier’s physician or dentistdocumenting the drug prescribed or given, date of medical or dental procedurewhich required prescribed drugs, and the medical reason for its use. Thedocumentation will be marked “For Official Use Only - Personal in Nature” andwill be forwarded to the MRO for evaluation. Unit commanders will not initiatean adverse action against the Soldier until the MRO had rendered an evaluation.

15–10.State judge advocate

The state judge advocate will—

a. Monitorcompliance with chain of custody collection procedures at unit level.

b. Advisecommanders, the JSAPO, the JSAPC, UPLs, and other officials and agencies on thelegal aspects of the DTP.

c. Uponrequest, review the state urinalysis collection SOP for legal sufficiency.

SectionIII

Policiesand Procedures

15–11.Policy

Illegaldrug use is misconduct and the abuse of alcohol or the use of illicit drugs byboth military and civilian personnel is inconsistent with the standards ofperformance, discipline, and readiness necessary to accomplish the Army’smission.

a. The ARNG Soldiers identified as illegal drugusers will be simultaneously:

(1)Counseled by the unit commander for possible enrollment in astate-certified, community-based alcohol or otherdrug counseling andrehabilitation service within 45 days of verified positive drug test.

(2)Processed for administrative separation within 45 days of receiptof the verified positive drug test. Soldiers maybe considered for disciplinaryaction prior to separation.

(3)Evaluated for continued eligibility for access to classifiedinformation and reported to the U.S. Army CCF perAR 380–67.

b. The ARNG Soldiers involved inalcohol-related misconduct such as drinking on duty, impaired on duty (see para3–2a of this regulation), or operating a motor vehicle while impairedwill be:

(1)Counseled by the unit commander for possible enrollment in astate-certified, community-based alcohol or otherdrug counseling andrehabilitation service within 45 days of being identified for possible alcoholabuse.

(2)Considered for administrative separation and/or disciplinaryaction.

(3)Evaluated for continued eligibility for access to classifiedinformation and reported to the U.S. Army CCF perAR 380–67.

c. Special attention is directed to compliance withspecific annual testing requirements for members specified in

paragraph 4–8 of this regulation.

15–12.Funding considerations

a. The ARNG counterdrug operation and maintenancefunds will be used to pay for—

(1) Supplies andshipping material for the collection and shipment of urinalysis specimens tothe FTDTL.

(2) Documentationand/or commander’s packets (see para 4–19 of this regulation) and relatedcosts. Each state/territory will submit a request for a litigation packet tothe FTDTL and provide a copy of the request to the Chief, Substance AbuseSection. The documentation packet will be ordered by the state judge AG orstate JSAPO. Counterdrug operation and maintenance funds may be used forpayment of expert witness’ fees when approved by the Chief, Substance AbuseBranch.

(3) Prevention,education, and training materials, and services for Soldiers and theirFamilies.

b. The ARNG counterdrug pay and allowance funds maybe used to pay for:

(1) ASAPtraining, including travel costs to conferences and seminars.

(2) Urinalysiscollections.

(3) Administrativeseparation boards.

(4) ASAP administrativesupport.

c. Counterdrug funds will not be used to pay foralcohol and/or other drug rehabilitation for ARNG Soldiers.

15–13.Alcohol Drug Intervention Council

Chapter 7 of thisregulation applies to the ARNG, except that:

a. AnADIC will be established at the state level to function in an advisory capacityto the state AG.

b. TheJSAPO will provide continuous assessment of the alcohol and other drugenvironment within the ARNG of

that state or territory.

c. TheADIC will meet at least quarterly with minutes kept for record.

15–14.Referral of alcohol and illegal drug abusers to a state-certifiedrehabilitation program

Chapter 7 of this regulationapplies to the ARNG, except that—

a. When ARNG Soldiers are identified voluntarily orinvoluntarily as possible alcohol or other drug abusers, the unit

commander or designatedrepresentative will promptly:

(1)Advise the Soldiers of their rights under the appropriateprovisions of the state law pertaining to self-incrimination using theappropriate State Rights Warning Procedure/Waiver Certificate, and explain theLimited Use Policy addressed in section III, chapter 10 of this regulation.

(2)Refer Soldiers to community-based counseling and rehabilitationprograms using a DA Form 4856 or another state-approved counseling form. ReferSoldiers to certified and/or licensed substance abuse counselor andrehabilitation programs. Commanders will document the referral using DA Form4856 (Developmental Counseling Form). The unit commander orJSAPC or PC must provide Soldiers with a list of certified and/orapproved counseling and/or treatment agencies that are within a reasonablecommuting distance of the Soldiers’ residences. Soldiers must be advised that—

(a)They must be evaluated within 30 days of the commandcounseling session.

(b)They are responsible for all costs incurred in anyreferral/rehabilitation programs. Soldiers should be encouraged to exploreavailable rehabilitation options (for example, a sliding fee based on income,use of health insurance, Medicaid, and so forth) with rehabilitation programpersonnel.

(c)They must sign a consent statement that allows therehabilitation personnel to share necessary rehabilitation information with theunit commander and/or designee. Soldiers must request that rehabilitationpersonnel provide monthly updates, in writing, to unit commanders, who must bekept informed regarding the progress of rehabilitation. The Soldiermust also request that the rehabilitation personnel provide the informationnecessary to complete DA Form 4465 and DA Form 4466 to the Joint SubstanceAbuse Program (JSAP) office. The information documented on DA Form 4465 isrequired when a Soldier is evaluated and the information documented on DA Form4466 must be submitted a minimum of every 90 days and then at program release.This information may be documented on similar forms or documents provided bythe licensed and/or certified substance abuse counselor and rehabilitationprograms. The JSAPC/PC is required to make appropriate entries from these formsinto the DAMIS system.

Methadone maintenance and mandatory Disulfiram (Antabuse)treatment will not satisfy the rehabilitation requirements of this chapter.Soldiers may refuse to sign the consent statement. However, these Soldiers maybe deemed not to be participating sufficiently in rehabilitation. Refusal tosign may result in their being processed for administrative separation forrehabilitation failure.

(d)Refer Soldiers to certified and/or licensed substanceabuse counselor. Failure to participate in and successfullycomplete an approved ASAP rehabilitation program, or the refusal to sign DAForm 5018–R to release information to the unit commander will result ininitiation of separation proceedings under AR 135–175 or AR 135–178.

b. The ARNG Soldiers on IADT orother AD of 30 days or more will use Active Army ASAP services while in an ADstatus or until rehabilitation is complete.

15–15.Rehabilitation

Chapter 8 of this regulationapplies to ARNG members when on extended AD for more than 30 days.

a. Thegoal of the ARNG ASAP rehabilitation program is to return rehabilitatedSoldiers to full effective duty as

early as possible.

b. TheARNG unit commander must be innovative and empathetic when working with thoseSoldiers enrolled in

rehabilitation. The unit commandermust be kept informed regarding the Soldier’s progress.

c. Whenan ARNG Soldier is detoxified at Army expense, an appropriate line of dutydetermination will be made in

accordance with chapter 8 of thisregulation.

d. ARNGSoldiers on Title 10 AD orders may remain on AD until rehabilitation iscompleted at the discretion of the

commander unless prohibited by other requirements.

15–16.Administratively separating drug abusers

Chapter 10 of this regulationapplies to the ARNG, except that:

a. Unit commanders will processevery ARNG Soldier identified as an illegal drug user for administrativeseparation. The separation action will be forwarded to the separationauthority, which will make a final determination on separating or retaining theSoldier.

( 1 ) O f f i c e r s a n d w a r r a n t of f i c e r s w i l l b e p r o c e s s e d u n d e r t h e p r o v i s i o n sA R 1 3 5 – 1 7 5 a n d a p p l i c a b l e N G B regulations.

(2) Enlisted personnel will be processed under theprovisions of AR 135–178 and applicable NGB regulations.

b. If an ARNG Soldier refuses toconsent to drug testing, the unit commander or a designated representativewithin the Soldier’s chain of command will order the Soldier to provide aspecimen. Soldiers, who refuse to participate, are in violation of a directorder and may be processed under applicable code for disciplinary action inaddition to processing for separation and other administrative actions outlinedunder this regulation.

15–17.Drug testing guidance

Chapter 4 of this regulationapplies to the ARNG, except that—

a.Mandatory testing requirements include the addition of allAGR and full-time National Guard counterdrug

personnel according to NGR500-2/ANGI 10-801 and the National Guard Drug Testing Policy.

b.Due to the geographical separation of ARNG units and ASAPstaff, all urinalysis specimens may be shipped directly willbe sent directly to the JSAPC from the unit for qualitycontrol procedures prior to shipment to the FTDTL using the properchain of custody and procedures.

15–18.Evaluation

Chapter 13 of thisregulation does not apply to the ARNG. Program evaluation will comply withguidance provided by the Director, NGB–CD.

15–19.Drug testing rate

Company/troop commanders will randomly test 10 percent oftheir available Soldiers each month or 25 percent each quarter. Specialattention is directed to compliance with specific annual testing requirementsfor members specified in paragraph 4–8 of this regulation and Soldiersparticipating in counterdrug operations.

15–20.Military justice

Incidents involving alcohol or other drug abuse may alsoconstitute a basis for violation of law and/or a military justice code.Soldiers may be processed under applicable code for disciplinary action inaddition to separation and other administrative actions outlined under thisregulation.

15–21. RiskReduction Program Unit risk inventories

All policies and procedureslisted in Chapter 12 apply to the Army National Guard; however the ACSAP maymake modifications to accommodate the ARNG mission and organization. Commandersof companies, detachments, and equivalent units should ensure that the URI andthe R-URI are administered in accordance with chapter 12 of this regulation.The URI assesses units while at home station, and should be administered nolater than 30 days prior to deployment. The R-URI assesses issues affectingunit readiness and personnel well being that may have occurred duringdeployment or since returning, and should be administered at 30 to 180 daysafter returning home from an operational deployment.

15–22. Specimensrequiring review by a medical review officer

a. Upon receipt of a presumptive positive drugresult, ARNG commanders will—

(1) NotifySoldiers within 30 calendar days of receipt of the presumptive positive drugtest result.

(2) Documentthe notification procedure used.

(3) Forwardthe documentation to the JSAP office.

b. If unable to notify the Soldier telephonicallyor in person, ARNG commanders will—

(1) Mailthe notification by certified mail, return, and/or return receipt requested.

(2) Completean affidavit of mail.

(3) Forwardthe affidavit of mail and return receipt to the JSAP office.

c. Ifthe notification memorandum is mailed and the Soldier fails to acknowledgereceipt, or fails to submit a

reply within 30 calendardays of the postmarked date, administrative separation actions will proceed.

d. ARNGSoldiers must provide any legitimate prescription information or documentationwithin 30 calendar

days after receivingnotification on a presumptive positive drug test result to the JSAP office.

e. Requestsfor an extension for good cause may be submitted to the JSAP office forapproval.

f.Unless an extension is granted, failure to deliverthe proper documentation within 30 calendar days of the date of notification ofa presumptive positive drug test may constitute a determination of illegitimateuse and result in initiation of administrative separation actions.

g. TheJSAP office will ensure that the MRO receives test results for review andproper prescription documenta-

tion within 15 calendardays of JSAP office receipt.

h. TheMRO will provide a formal determination to the JSAP office within 15 days ofreceiving positive test result documentation. Within 15 days of receiving theMRO determination, the JSAP office will notify the Soldier’s commander foraction and decision.

i.MRO evaluations will be completed and entered intoDAMIS by the JSAPC within 90 calendar days.

15–23. Adulteratedspecimen procedures

To preserve theintegrity of the ARNG Substance Abuse Program, ARNG commanders will coordinateinvestigatory procedures of all specimens appearing or proven to beadulterated, with their higher headquarters command and judge advocategeneral’s office.

15–24. Preventioneducation section

Ensure preventiontraining requirements are met by each command, and that the substance abusetraining rosters are received from units and data is entered into DAMIS by theJSAPC or PC within 15 working days of the training being completed, inaccordance with paragraph 9-12.

Chapter16 Army Substance Abuse Program in the U.S. Army Reserve

SectionI General

16–1.Scope

The ASAP policies and procedures in this regulation apply toall components of the Army, including the USAR. However, due to the differentlaws and conditions that affect Army Reservists when they are on reserve andAD, some additional ASAP policies and procedures also apply. This chapterestablishes policies, responsibilities, and specific procedures forimplementing and managing the ASAP within the USAR.

16–2.Applicability

a. This chapter applies to USAR Soldiers while noton AD for 31 days or more in the following categories:

(1) Troop programunit.

(2) IndividualMobilization Augmentee Program.

(3) Individualready reserve.

(4) Soldiersserving on various tours of ADT, temporary tours of AD, and AD for special workfor less than 31 days. Soldiers performing tours of 31 days or more will complywith provisions listed for Active Army personnel.

b. This chapter does not apply to USAR Soldiersactivated under a Presidential Selected Reserve Call-up, partial,

full, or total mobilization. ASAP policies for Active ArmySoldiers apply to these Soldiers.

SectionII

UnitedStates Army Reserve Specific Responsibilities

16–3.Commander, U.S. Army Reserve Command

The Commander, USARC will—

a. Establishan alcohol and other drug control office within the USARC HQ.

b. Designatean ADCO on orders that can be filled by an AGR Soldier, Active Army member, ora civilian corps

member.

c. Designatean MRO on orders.

d. Ensurecontinued support to tenant USAR units in the execution of this regulation’srequirements.

16–4.U.S. Army Reserve Command Alcohol Drug Control Officer

The USARC ADCO will—

a. Provideannual Program Budget Guidance in support of the ASAP.

b. Publishannual guidance for audit procedures of ASAP funds.

c. Developan internal management control program checklist for ASAP funding execution.

d. Manageand allocate urinalysis quotas based upon regulatory guidance to includepriority MOS for mandatory

annual testing, and publish amonthly urinalysis statistical evaluation report.

e. Evaluatethe command’s ASAP for effectiveness (see chap 13 and app D for guidance).

f. Provideguidance for the effective operations of the subordinate commands’ ASAPs.

g. Conductstaff assistance visits to subordinate commands.

h. CoordinateADCO training requirements and ensure regular training programs are availableto the commands.

i. Assembleand disseminate information sources concerning Active Army ASAP and certifiedcommunity-based

alcohol and other drug referral,counseling, and rehabilitation services to subordinate commands.

j. Ensureall ASAP personnel involved in the collection or processing of urinalysisspecimens are trained and certified on the procedures established in appendix Eof this regulation, and that personnel who train UPLs in their collectionduties are certified in accordance with paragraph 9–5e of this regulation.

k. EnsureMRO findings are input into the DAMIS within 5 working days of receiving themfrom the MRO (see

para 16-18 of thisregulation for complete MRO requirements).

l. Ensurethat the MRO is trained and certified for their duties in accordance withUSAMEDCOM requirements (see

para 9–9e of this regulation).

m. Ensureall mobilizing unit company-size or larger arrive at the mobilization stationwith 2 trained and certified UPLs and enough drug testing supplies to test 100percent of the unit strength.

n. Ensurethat all temporary storage sites for urinalysis specimens used by the USARCmeet the requirements of

appendix E of this regulation.

o. Ensurethat prevention training requirements are met by each subordinate command, andthat substance abuse training rosters are received from units, and that thedata is entered into DAMIS within 10 working days of receiving the roster.

p. Enterthe name, rank, and other information required for Soldiers who are certifiedas UPLs into DAMIS

within 10 working daysafter a UPL certification is complete.

q. Ensurethat Soldiers who are retained after being identified as a substance abuser arescreened and evaluated by a certified and/or licensed substance abuse counselorand that the counselor completes DA Form 4465. DA Form 4465 will be enteredinto DAMIS within 10 working days of receipt.

r. Ensurethat Soldiers enrolled in treatment submit a completed DA Form 4466 from theircounselor at least every 90 days and when released from treatment. DA Form 4466will be entered into DAMIS within 10 working days of receipt.

s. Trackand maintain a list of referral rates and separation actions. The ADCO willprovide quarterly reports to

the major commands andUSARC HQs. The ADCO will not initiate the referral or separation actions.

16–5.Commanders of major subordinate commands

MSC commanders will—

a. Establishan alcohol and other drug control office within their HQ.

b. Designatethe following on orders:

(1) AnADCO to serve as the principal staff officer, who can be an AGR Soldier, ActiveArmy member, or acivilian corps member, for coordinating and managing thecommand’s ASAP.

(2)When it is not possible to appoint a MRO from within availablepersonnel resources, support will be providedby either the chain ofcommand or coordinated through Army medical commands and/or DTP manager atUSAMEDCOM. If the MRO support crosses MSCs, a Memorandum ofUnderstanding will be prepared and a copy provided to the next higher HQ.

(3) AnUPL to assist the commander in managing and conducting the unit’s ASAP.

16–6.Major subordinated command Alcohol Drug Control Officer

The MSC ADCOs will—

a. Advisethe commander on all ASAP issues.

b. Developand coordinate local ASAP policies and procedures.

c. Providedata for budget and manpower planning, develop funding controls, and maintainappropriate records of all ASAP resource transactions and testing within theirsubordinate commands.

d. Managethe command’s DTP.

e. Maintaindrug testing records in accordance with AR 25–400–2 in separate filingcabinets.

f. RetrieveSoldiers’ drug test results from the FTDTL Web portal, and notify thecommanders who ordered the tests within 5 working days of when the results wereposted. For any positive results, review the Soldiers’ past urinalysis recordsin DAMIS to determine if they have previous positive urinalysis results. Notifythe commanders who ordered the tests of all positive urinalysis results in theSoldiers’ records.

g. Beprepared to testify as an expert witness about the urinalysis collectionprocess during administrative separation

boards.

h. EnsureMROs receive test results requiring review within 5 working days of their beingposted on the FTDTL Web portal.

i. EnsureMRO findings are input into the DAMIS within 5 working days of receiving themfrom the MRO.

j. Ensurethat the MRO is trained and certified for their duties in accordance withUSAMEDCOM requirements (see

para 9–7e).

k. ProgramOperation and Maintenance, USAR and Reserve Personnel, Army funding for thecommand’s ASAP.

l. Assembleand disseminate information sources concerning Active Army ASAP and certifiedcommunity-based

alcohol and other drug referral,counseling, and rehabilitation services to subordinate commands.

m. Restrictnotification of positive test results to the Soldier’s unit commander, the MSCcommander, and when

requested, the supporting legaloffice.

n. Ensureall mobilizing unit company-size or larger arrive at the mobilization stationwith two trained and certified UPLs and enough drug testing supplies to test100 percent of the unit strength.

o. Ensurethat all temporary storage sites for urinalysis specimens used by the MSC meetthe requirements of

appendix E of this regulation.

p. Ensureall ASAP personnel involved in the collection or processing of urinalysisspecimens are trained and certified on the procedures established in appendix Eof this regulation, and that personnel who train UPLs in their collectionduties are certified in accordance with paragraph 9–5e of this regulation.

q. Ensurethat substance abuse training rosters are received from units and that the datais entered into DAMIS

within 10 working daysof receiving the roster.

r. Enterthe name, rank, and other information required for Soldiers who are certifiedas UPLs into DAMIS

within 10 working daysafter a UPL certification is complete.

s. Ensurethat Soldiers who are retained after being identified as a substance abuser arescreened and evaluated

by a certified and/orlicensed substance abuse counselor and that the counselor completes DA Form4465.

t. Ensurethat Soldiers enrolled in treatment submit a completed DA Form 4466 from theircounselor at least every 90 days and when released from treatment. DA Form 4466will be entered into DAMIS within 10 working days of receipt.

16–7.U.S. Army Reserve medical review officers

U.S. Army Reserve MROs will—

a.Be appointed on orders.

b.In accordance with MEDCOM Reg 40–51, be eligible to serve asMRO and trained and certified to perform MRO duties by USAMEDCOM within thefirst 6 months of duty assignment (see para 9–9e).

c.Determine if positive drug results reported by the FTDTLcould have resulted from the legal use of a prescription

drug for medical reasons and/orfor drugs administered during surgical or dental procedures.

d.If necessary, coordinate with the unit commander, who willoffer the Soldier the opportunity to furnish medical evidence in the form of amedical prescription and/or statement from the Soldier’s physician or dentistdocumenting the drug prescribed or given, date of medical or dental procedurewhich required prescribed drugs, and the medical reason for its use. The MRO willmake the determination and notify the ADCO within 30 days of receiving thepositive result to review. as soon as possible, ensuring thetimeline from lab certification date to entry into DAMIS does not exceed 90days. The documentation will be marked “For Official Use Only -Personal in Nature” and will be forwarded to the MRO for evaluation. Unitcommanders will not initiate an adverse action against the Soldier until theMRO had rendered an evaluation.

(1)If the MRO verifies legitimate use, they will notify the ADCO,the unit commander and the MSC militarypersonnel officer. After theADCO posts required findings in DAMIS, no further action isrequired.

(2)If the MRO confirms the drug use was not legitimate, the MRO willnotify the ADCO, the unit commander andthe MSC military personnel officer. Theunit commander will counsel the Soldier in accordance with paragraph 16–8 ofthis regulation and process the Soldier for separation through the militarypersonnel office to the separation authority.

SectionIII

Policiesand Procedures

16–8.Policy

The objective of the USAR program is to sustain a welldisciplined, mission capable force ready for mobilization. As deployability isdependent upon a drug free membership, abuse of alcohol or other drugs isincompatible with service in the USAR. Well organized and effective programs inurinalysis testing and alcohol and other drug prevention and education arecritical to achieving this objective.

a. The USAR Soldiers identified as drug abusers willbe—

(1)Counseled by the unit commander, in person or by certified mailfor possible enrollment in the USAR ASAP.Command counseling sessions will beconducted within 30 calendar days, or by the close of the next drill session,after the receipt of MRO-verified positive drug test report.

(2)Flagged immediately in accordance with AR 600–8–2 using DA Form268 (Report to Suspend FavorablePersonnel Actions (FLAG)) to suspend favorablepersonnel actions until separation procedures for misconduct are adjudicated.

(3)Processed for administrative separation. Administrativeseparation will be initiated and processed to the separation authority fordecision on any Soldier with a positive drug test that could not have resultedfrom legitimate medical use of a drug. Processing will be initiated within 30calendar days of receipt of a positive drug test or if the case requires MROreview, within 30 calendar days of receipt of the MRO-verified positive drugtest report. In addition, Soldiers may be considered for disciplinary action underthe UCMJ if use on AD can be validated.

(4)Evaluated for continued eligibility for access to classifiedinformation and reported to the U.S. Army CCF perAR 380–67.

b. Commanderswill not release information on positive drug results or initiateadministrative actions until an MRO

review is completed if one isrequired.

c.Company or troop commanders will randomly select conductIR selection and test 10 percent of their assigned Soldiers eachmonth or 25 percent each quarter to meet 100 percent random testingrequirements per year. Special attention is directed tocompliance with specific annual testing requirements for members specified inparagraph 4–8 of this regulation and Soldiers participating in counterdrugoperations.

d. TheUSAR Soldiers involved in alcohol related misconduct such as drinking/impairedon duty (see para 3–2a of

this regulation) or operating amotor vehicle while impaired will be—

(1)Counseled by the unit commander for possible enrollment in theUSAR ASAP. Command counseling will occurwithin 30 calendar days of theSoldier’s ID for possible alcohol related abuse, if operationally possible.

(2)Flagged (using DA Form 268) immediately in accordance with AR600–8–2 until separation procedures underappropriate regulations for misconductare adjudicated if a Soldier has two serious incidents of alcohol relatedmisconduct in a year.

(3)Have their current duty assignment reviewed, and be relieved fromduty if warranted. Commanders will ensurerelief for cause is recorded.

(4)Have their Service record reviewed by the MSC commander todetermine if one or more of the following actionsare warranted:

(a) Administrativereduction in rank for inefficiency under the provisions of AR 600–8–19.

(b) Barto reenlistment.

(c) Relieffor Cause evaluation report.

(d) Administrativedischarge/or disciplinary action under UCMJ, if applicable.

(e) GeneralOfficer Memorandum of Reprimand.

(5) Evaluated for continued eligibility foraccess to classified information and reported to the U.S. Army CCF per AR380–67.

16–9.Funding considerations

Chapter 18 of this regulationapplies to the USAR, except that—

a. Counterdrug operation and maintenance, ArmyReserve funds will be used to pay for—

(1) Suppliesand shipping material for the collection and shipment of urinalysis specimensto the FTDTL.

(2) Documentationor commanders’s packets (see para 4–19 of this regulation) and related costs.Each MSC willsubmit a request for a documentation packet to the FTDTL andprovide a copy of the request to the supporting reserve readinesscommand/regional readiness support command ADCO. Counterdrug operation andmaintenance funds may be used for payment of expert witness’ fees when approvedby the MSC ADCO.

(3) Preventioneducation and training materials for Soldiers and their Families.

(4) Travelcosts to Army MTFs for Soldiers on AD for 30 days or longer, who test positivefor illicit drugs andrequire screening and/or counseling.

b. Counterdrug Reserve personnel, Army payand allowance funds will be used to pay for—

(1) ASAPtraining, including travel costs to conferences and seminars.

(2) Urinalysiscollections when travel is required because no unit UPL is available.

(3) Administrativeseparation boards for drug cases only.

c. Counterdrug funds will not be used to pay foralcohol and/or other drug rehabilitation for USAR Soldiers.

16–10.Prevention

Chapter 9 of this regulationapplies to the USAR, except that—

a.The USAR will establish ASAP prevention and educationprograms at the lowest command level which emphasize the incompatibility ofsubstance abuse and continued service in the USAR. The USAR ASAP is acommander’s program, and MSC commanders are encouraged to establish ADICs atthe lowest possible command level. The mission of the ADIC will be to outlinethe command’s substance abuse prevention strategies and evaluate the program’seffectiveness within the command.

b.The MSC will include USAR Soldiers’ Family members. The MSC’sFamily readiness program manager will

coordinate Family member involvement in their ADICcounterpart as well as DDR Programs.

16–11.Referral of alcohol and illegal drug users in the U.S. Army Reserve ArmySubstance Abuse Program

Chapter 7 of this regulationapplies to the USAR, except that—

a.When the unit commander believes the Limited Use Policyapplies, the unit commander should consult with the ADCO and the supportinglegal advisor. The unit commander may then explain Limited Use Policy ifapplicable to the particular circumstances. If the unit commander determinesthe Limited Use Policy does not apply, the commander should then advise theSoldier suspected of drug or alcohol abuse of the rights under UCMJ, Article 31(b) and MRE 305, and if available ask the Soldier to sign DA Form 3881 (RightsWarning Procedure/Waiver Certificate).

b.Refer the Soldier to a community-based, -certified counselingand rehabilitation program using DA Form 4856. The commander must provide theSoldier with a list of -certified and/or approved counseling agencies that arewithin a reasonable commuting distance of the Soldier’s residence. (The USARwill not provide transportation or any counseling services to includeevaluation, rehabilitation and follow-up services.) Additionally, Soldiers willbe advised that they—

(1)Must promptly arrange for an evaluation, which should take placenot later than 30 days from date of thecommand counseling session.

(2)Sign a consent statement for release of counseling information,which allows the counseling personnel to sharenecessary information with thecommander or designee and the USAR ADCO or designated ASAP personnel.The ADCO and/or ASAP designated personnel must receive HIPAA training annually.The commander must be kept informed regarding the progress ofrehabilitation. Soldiers must request that counseling personnel provide writtenmonthly updates to the commander. The Soldier must also request thatthe rehabilitation personnel complete and forward to the USAR ADCO and/ordesignated ASAP personnel a DA Form 4465 when Soldier is evaluated and a DAForm 4466 must be submitted a minimum of every 90 days and then at programrelease. Methadone maintenance and mandatory Disulfiram (Antabuse)treatment will not satisfy the rehabilitation requirements of this chapter.Soldiers may refuse to sign the consent statement. However, these Soldiers maybe deemed not to be participating sufficiently in rehabilitation. Refusal tosign may result in their being processed for separation for rehabilitationfailure.

(3)Must understand that failure to seek counseling, refusal to signa consent to release information to thecommander, or to participate andcomplete rehabilitation successfully, will result in initiation of separationproceedings under appropriate officer or enlisted separation regulations.

16–12.Rehabilitation

Chapter 8 of this regulationapplies to USAR members when on extended AD for more than 30 days.

a. Thegoal of the USAR ASAP rehabilitation program is to return rehabilitatedSoldiers to full effective duty as

early as possible.

b. TheUSAR unit commander must be innovative and empathetic when working with thoseSoldiers enrolled in rehabilitation. The unit commander must be kept informedregarding the Soldier’s progress.

c. Whenan USAR Soldier is detoxified at Army expense, an appropriate line of dutydetermination will be made in

accordance with chapter 8 of thisregulation.

d. TheUSAR Soldiers on AD orders may remain on AD until rehabilitation is completedat the discretion of the

commander unless prohibited by other requirements.

16–13.Drug testing guidance

Chapter 4 of this regulationapplies to the USAR, except that—

a.The MSC commander, unit commander, or their designatedrepresentatives will randomly identify individual Soldiers, parts of units, orentire units for random drug testing. Random drug testing quota requests willbe in writing and approved by the MSC commander. All random drug tests will beunannounced.

b.Due to the geographical separation of USAR units and MSC ASAPADCO staff, all urine specimens may be shipped directly from the unit that isadministering drug testing to the appropriate supporting FTDTL. Proper chain ofcustody procedures are required (see app E of this regulation for details).

16–14.Management information system

Chapter 14 of this regulation and the following additionalrequirements apply to the USAR. MSC ADCOs will maintain individual files onSoldiers referred to community-based counseling and rehabilitation centerswhich track the beginning dates, completion dates, and reasons fordisenrollment from rehabilitation, to include reasons for failure to meet therehabilitation standards.

16–15.Evaluation

Chapter 13 of this regulation does not apply to the USAR. Theoperation of the USAR ASAP must include a comprehensive program of evaluationto determine program effectiveness, progress and attainment of specific goalsand objectives established by the CAR. Technical support and program evaluationof the USAR ASAP will be conducted through the MSC ADCOs. The MSC ADCO willforward a summary report of their ASAP program effectiveness to the programmanager at USARC, who will analyze for overall program effectiveness in theUSAR. The MSC ADCOs will make periodic visits to the MSC units to evaluatetheir overall ASAP effectiveness and progress, and will further providetraining assistance support to enhance the ASAP as necessary. Minimumevaluation standards should:

a. Stressthe impact of the USAR’s ASAP policies, goals and objectives on all USARSoldiers and civilians

employed by the USAR.

b. Seekcomparisons of the relative effectiveness concerning the various approaches onASAP prevention and education techniques in the MSCs. Direct USAR ADCOs to useevaluation questionnaires and checklists available in appendix D of thisregulation and at the ACSAP Web site for assessing all functional areas of theASAP, as deemed appropriate.

c. ObtainAARs on the effectiveness, usefulness, and efficiency of different supportingagencies.

d. Determinethe overall effectiveness of various ASAP approaches to various target groupswithin the MSC.

e. Ensurefull integration on all facets of the USAR ASAP at each command. This will befor the purposes of consistency of prevention, education, and training, andsubstance abuse testing controls and measures for urinalysis chain of custodyprocedures and reporting. The intent is to alleviate high urinalysis dump ratesat the supporting FTDTL due to inaccurate data on the chain of custody.

f. Providefeedback and recommended improvements and/or changes to the MSC ASAP or the MSCcommanders, to include economy of funding and staffing resources, programeffectiveness, program trends, and recommended changes to goals and objectivesas they are met.

g. Identifypossible areas for research by the CAR.

16–16.Military justice

Incidents involving alcohol or other drug abuse may alsoconstitute a basis for violation of local and Federal laws. The processing ofrecommendations for disciplinary/or nonjudicial punishment for actionsregarding alcohol abuse, alcohol related incidents of misconduct, or drug abusewill be according to local, state, or Federal codes, and the provisions of theUCMJ and applicables.

16–17.Risk Reduction Program

All policies and procedures listed in chapter 12 apply to theUSAR; however, the ACSAP may make modifications to accommodate the USAR missionand organization.

16–18. Specimensrequiring review by a medical review officer

a. Upon receipt of a presumptive positive drugresult, USAR commanders will—

(1) NotifySoldiers within 30 calendar days of receipt of the presumptive positive drugtest result.

(2) Documentthe notification procedure used.

(3) Forwardthe documentation to the ASAP office.

b. If unable to notify the Soldier telephonicallyor in person, USAR commanders will—

(1) Mailthe notification by certified mail, return, and/or return receipt requested.

(2) Completean affidavit of mail.

(3) Forwardthe affidavit of mail and return receipt to the ASAP office.

c. Ifthe notification memorandum is mailed and the Soldier fails to acknowledgereceipt, or to submit a reply

within 30 calendar days,administrative separation actions will proceed.

d. USARSoldiers must provide any legitimate prescription information or documentationwithin 30 calendar days

after receivingnotification on a presumptive positive drug test result to the ASAP office.

e. Requestsfor an extension for good cause may be submitted to the ASAP office forapproval.

f. Unlessan extension is granted, failure to deliver the proper documentation within 30calendar days of the date

of notification of apresumptive positive drug test will constitute a determination of illegitimateuse.

g. MROevaluations will be completed and entered into DAMIS within 90 calendar days oflab certification.

Chapter17 Awards and Campaigns

SectionI

Departmentof Defense Awards

17–1.General

The DOD and DA awards in the substance abuse field aredesigned to foster mission accomplishment by recognizing excellence inindividuals, programs, and communities.

17–2.Director, Army Substance Abuse Program awards for the Army Drug Control Office,prevention control, Employee Assistance Program coordinator, Risk ReductionProgram coordinator, and drug testing coordinator of the year

a.These annual awards are designed to recognize outstandingachievements by ASAP personnel and to motivate the field to high levels ofperformance. An individual must occupy one of the positions in the ASAP to beeligible for consideration.

b.The award program is administered by the Director, ASAP. Atthe end of each calendar year, the director announces by memorandum the openingof the awards program. Detailed instructions and applicant templates areincluded in the announcement. Completed applications are reviewed by a boardcomprised of employees from each branch of the ACSAP. The director reviews theboard’s recommendations and selects a winner in each category.

c.The award eligibility criteria for each position include thefollowing:

(1) Dutiesand achievements limited to a specific calendar year.

(2) Eachapplicant may only apply in one category.

(3) Accomplishmentsdocumented and quantified by measurable standards.

d. Thegarrison commander must sign and forward the nomination packet, which must besent through the HQ, IMCOM ADCO to the Director, ASAP.

e. Director,ASAP Award for the Reserve ADCO of the Year

f. Thisaward is designed to recognize outstanding achievements of MSC ADCOs in theUSAR.

g. Theaward program is administered by the Director, ASAP. At the end of eachcalendar year, the director announces by memorandum the opening of the awardsprogram. Detailed instructions and applicant templates are included in theannouncement. Completed applications are reviewed by a board comprised ofemployees from each branch of the ACSAP. The director reviews the board’srecommendations and selects a winner.

h. Theaward eligibility criteria include the following:

(1) Dutiesand achievements limited to a specific calendar year.

(2) Accomplishmentsdocumented and quantified by measurable standards.

(3) All ADCOfunctional areas addressed, as cited in paragraph 16–6 of this regulation.

i. The USARC must endorse the nomination packet.

17–3.Director, Army Substance Abuse Program award for the Army National Guard JointSubstance

AbuseProgram officer of the year

a. Thisaward is designed to recognize outstanding achievements of JSAPCs in the ARNG.

b. Theaward program is administered by the Director, ASAP. At the end of each calendaryear, the director announces by memorandum the opening of the awards program.Detailed instructions and applicant templates are included in the announcement.Completed applications are reviewed by a board comprised of employees from eachbranch of the ACSAP. The director reviews the board’s recommendations andselects a winner.

c. Theaward eligibility criteria include the following:

(1) Dutiesand achievements limited to a specific calendar year.

(2) Accomplishmentsdocumented and quantified by measurable standards.

(3) All JSAPCfunctional areas addressed, as cited in paragraph 15–7 of this regulation.

d. TheAdjutant General and NGB must endorse the nomination packet.

e. Allnominated JSAPCs must be in the ARNG.

17–4.20/30 Year Army Substance Abuse Program award

The Director, ASAP recognizes ASAP personnel who have servedwithin the ASAP for 20 and 30 years. Applicants must complete the ASAPService Time Documentation Form available on the ACSAP Web site applicabledocumentation to be considered for this award.

SectionII

Secretaryof Defense Awards

17–5.Community drug awareness award

The Secretary of Defense Community Drug Awareness Award ispresented annually to the best DDR effort for the previous year within eachService, the NGB and the Defense Agencies. The award was established in 1990 bythe DOD in an effort to promote community drug awareness efforts in the DODcommunity. The Award is presented as part of the DOD annual Red RibbonCampaign. The primary eligibility requirement is documentation of the local RedRibbon Campaign participation. (See the ACSAP Web site for details.)

17–6.Fulcrum Shield award

The Secretary of Defense Fulcrum Shield Award is an annualaward designed to promote community drug awareness efforts by youth programsassociated with the Military Services, Defense Agencies, and the NGB. The Awardis presented as part of the DOD annual Red Ribbon Campaign. The primaryeligibility requirement is documentation of the local Red Ribbon Campaignparticipation. (See the ACSAP Web site for details.)

SectionIII

Campaigns

17–7.General

Alcohol and other drug-related campaigns involve thecommunity in substance abuse deterrence and awareness. Soldiers, civilianemployees, and Family members are provided information on risk factors andresources in the area of substance abuse prevention. Campaigns are acollaboration of diverse resources in the local community.

17–8.Community campaigns

a. InstallationADCOs will select a minimum of two substance abuse related campaigns a year forthe ASAP staff to

coordinate/support. Some campaignsmay be long-term while others are time-limited.

b. InstallationADCOs will—

(1) Institutewritten SOPs designed to enhance effective local campaigns.

(2) Evaluatecampaigns regarding the potential for collaboration between local andinstallation resources.

(3) Coordinate withthe garrison commander and other community resources regarding theimplementation of acampaign.

c.The ASAP is authorized to purchase promotional items insupport of substance abuse prevention campaigns. These items may be used tosupport local or Army-sponsored prevention campaigns. The promotional productsshould not indicate the Army endorses a particular product or privateorganization.

d.Some key community campaigns includes—

(1) AlcoholAwareness Month.

(2) RedRibbon Week.

(3) NationalDrunk and Drugged Driving (3D) Awareness Month.

(4) Tie Oneon for Safety. For a more complete list, see the ACSAP Web site athttp://acsap.army.mil.

Chapter18 Army Substance Abuse Program Resource Management

18–1.General

The Director, ACSAP is responsible for the provision ofresources to the ASAP. The ACSAP oversees MDEPs QAAP, MDEP code for the ASAPfunds (management decision package code for adolescent substance abusecounseling services funds (QFMD)), the DDR Program, and the VCND which are thesources of ASAP funding. The FTDTL operations, MRO services, and clinicalcounseling services do not fall under the ACSAP director’s responsibility forfunding, management, or oversight.

18–2.Policy

a.The QAAP is the only source of funding in the ASAP that isauthorized to pay for alcohol-related substance abuse services for Soldiers andcivilian corps members. The QAAP funds may be used to cover the costs ofdrug-abuse related services when DOD counter-narcotics funds are insufficientor have been exhausted.

b.The QFMD funds may not be used to pay for any costs otherthan the Family Member Substance Abuse Program.

c.The U.S. Congress has restricted the use of VCND funds to DODcounter-narcotics missions. Army usage of VCND funds is restricted to providingdrug abuse-related services. No VCND funds can be expended on alcoholabuse-related services or any other similar service. Army DDR VCND funds arefenced and their usage is limited to the following services:

(1) Urinalysistesting of AD Soldiers (including the costs of collection, supplies, shipment,analyses, reporting,administrative overhead, travel, civilian pay, stafftraining and certification, and contractual support).

(2) Urinalysistesting of civilian corps members subject to the requirements of EO 12564 (forexample, thosecivilians in TDPs) and the requirements of DOT mandates forvehicle drivers.

(3) Urinalysisof USAR and ARNG Soldiers using DDR operations and maintenance, Armyappropriations funding.

(4) Educationand training of Soldiers and civilian corps members on the dangers of drugabuse (includes administrative overhead, civilian pay, marketing/educationmaterials, travel, and contractual support).

(5) Education,training, and counseling of dependents on the dangers of drug abuse.

(6) In-patientand out-patient care of drug abusers and all Soldiers who self-refer for drugabuse.

d.TheVCND funds can fund demand reduction programs andinitiatives directed toward the nonmilitary residents

near military installations as ameans of community outreach, when funds are available.

e.Installations may use VCND funds to purchase promotionalitems with little intrinsic value that convey an antidrug message. Such itemsmay include, but are not limited to balloons, pencils, pennants, ribbons, pins,stickers, and caps.

18–3.Funding sources and their uses

Two financial sources fund theASAP: base operations support and DOD Counter-narcotics.

a.Base operations support funds include MDEPs QAAP (the ASAP)and QFMD (the Family Member Substance Abuse Program). The Army proponent officefor base operations support funding is the Assistant Chief of Staff,Installation Management.

b.The QAAP ASAP funds.

(1)Funds installation substance abuse program services for Soldiersand civilian corps members. Services fundedinclude testing/ID; prevention,education and training; and counseling and rehabilitative treatment.

(2)Civilian testing requirements include DOT testing mandates forvehicle drivers and Drug-Free Workplacemandated testing of employees in TDPs.Prevention education and training includes Soldiers, leaders/supervisors, andFamily members. HQDA substance abuse services include support for the RRP, theDAMIS, initial skill, and certification training for installation ASAPpersonnel, and product development and distribution to Soldiers designated asUPLs.

c. The QFMD Family member substance abuse.

(1) Thesefunds are specifically intended to fund Family member substance abuse services.

(2) The VCNDfunds project code(s) supporting the Army’s DDR Program.

(a)The DDR protects our Soldiers, Families, and civilian corpsmembers through drug abuse deterrence, prevention, education, andrehabilitation. Suppressing drug abuse in the Army enhances Army well-being anddirectly contributes to unit readiness. There are three components to theArmy’s DDR program: Deterrence and Detection (testing); Education andPrevention; and Rehabilitation.

(b)DOD provides VCND funds are notactually programmed by the Army. They are DOD funds. in year ofexecution.

d. General guidance for ASAP resource management.

(1) Pay people first and correctly.

(a) Fundcivilian corps member salaries in accordance with the MDEPs identified witheach authorized position on

ber2016

the authorization document. Forexample, if an ADCO is identified on the installation’s ASAP table ofdistribution and allowances (TDA) as a QAAP position, then that person shouldbe paid with QAAP dollars.

(b) Dollarrequirements and justifications made at Army level for civilian pay are basedon TDA documentation. There can be major repercussions throughout the programdue to the over- or under-execution of civilian pay in one MDEP or the other.

(2) All DTCsalaries should be funded with DOD counter-narcotics funds (VCND).

(3) Maximizeexecution of funds: commit funds early so that funds are obligated by the endof the fiscal year.

(4) Avoid fraud,waste, or abuse of funds, or the appearance thereof.

(5) Make directcontact with individuals involved in the ASAP budget process.

(6) Learn thebudget audit trail and track ASAP funds monthly-as a minimum.

(7) Provideaccurate inputs on DA Form 3711 and submit on time every month. Submitthe Resource and Performance Report (RAPR) on time every month.

(8) Developaccurate budgets based on historical execution, legitimate requirements, andArmy and commandpriorities.

AppendixA References

SectionI

RequiredPublications

Army regulations and Department of the Army pamphlets areavailable online from the Army Publishing Directorate Web site athttp://www.apd.army.mil/.

AR11–2

Managers’ Internal Control Program (Cited in paras 2–18, 13–3a,H–2.)

AR25–400–2

The Army Records Information Management System (ARIMS) (Citedin paras 2–18v, 2–21j, 2–24h, 4–7e(7), 4–21, 6–7f,14–8a(2), 15–7g, 15–8t, 16–6e, D–1.)

AR40–66

Medical Record Administration and Health Care Documentation(Cited in paras 6–7h, 10–1c, 10–15a and b(1), 14–2,14–7a.)

AR50–1

Biological Surety (Cited in paras 4–8c and d,5–8c(8), 5–11b, 5–21.)

AR50–5

Nuclear Surety (Cited in paras 4–8c and d, 5–8c(8),5–11b, and 5–21.)

AR50–6

Chemical Surety (Cited in paras 4–8c and d, 5–8c(8),5–11b, and 5–21.)

AR135–175

Separation of Officers (Cited in paras 10–6, 15–14a(2)(d),15–16a(1).)

AR135–178

Enlisted Administrative Separations (Cited in paras 10–6,15–14a(2)(d), 15–16a(2).)

AR190–5

Motor Vehicle Traffic Supervision (Cited in para 3–3b.)

AR195–2

Criminal Investigation Activities (Cited in paras 2–11b,10–10a.)

AR215–1

Military Morale, Welfare, and Recreation Programs andNonappropriated Fund Instrumentalities (Cited in paras 3–2c, 3–4a.)

AR340–21

The Army Privacy Program (Cited in paras 10–1c, 10–15aand b(1), 10–24, and 14–2.)

AR380–67

Personnel Security Program (Cited in paras 4–8b, 5–11a,5–21, 10–5b, 15–11a(3) and b(3), 16–8a(4) and d(5).)

AR600–8–2

Suspension of Favorable Personnel Actions (Flag) (Cited inparas 10–6, 16–8a(2) and d(2).)

AR600–8–10

Leaves and Passes (Cited in para 10–7.)

AR600–8–24

Officer Transfers and Discharges(Cited in paras 1–7c(7), 2–32h, 3–2j, 7–3d, 7–12d,10–6, table 12–1.)

AR600–63

Army Health Promotion (Cited in paras 2–23, 14–1a.)

AR614–30

Overseas Service (Cited in para 10–9b(3).)

AR635–200

Active Duty Enlisted Administrative Separations (Cited inparas 1–7c(7), 2–31, 2–32h, 3–2j, 7–3d, 7–12d,10–6 and h, 10–8b, table 12–1.)

DAPam 40–501

Hearing Conservation Program (Cited in para 4–8g and h.)

DAPam 600–24

Health Promotion, Risk Reduction, and Suicide Prevention(Cited in paras 2–23, 14–1a.)

DAPam 600–85

Army Substance Abuse Program Civilian Services (Cited inparas 2–18q, 2–20a and g, 2–31e, 2–34g, 5–1,5–6, 5–9, 5–16b, 5–25, 5–26, 5–27a, 5–31b, 5–33, chap 6,6–1c, 6–4, 7–4c, 7–5c, 7–6c, 8–3b, 14–1d.)

DODD1010.4

Drug and Alcohol Abuse by DOD Personnel (Cited in para 1–5.)(Available at http://www.dtic.mil/whs/directives/.)

DODI1010.1

Military Personnel Drug AbuseTesting Program (Cited in paras 1–5, 4–5 and h, 4–15b(7).)(Available at http://www.

dtic.mil/whs/directives/.)

DODI1010.9

DOD Civilian Employee Drug-Free Workplace Program (Cited inparas 1–5, 5–20, and 10–31f.) (Available at http://www.dtic.mil/whs/directives/.)

DODI1010.16

Technical Procedures for the Military Personnel Drug AbuseTesting Program (MPDATD) (Cited in paras 4–4, 4–15b(7), 11–1, E–3.)(Available at http://www.dtic.mil/whs/directives/.)

DODI4000.19

Interservice and Intragovernmental Support (Cited in para 1–9c.)(Available at http://www.dtic.mil/whs/directives/.)

ExecutiveOrder 12564

Drug-free Federal Workplace, September 15, 1986 (Cited inparas 5–2, 5–5, 5–6, 5–8a, 10–31f, and 18–2c(2).)(Available at http://www.archives.gov/federal-register/index.html.)

MEDCOMReg 40–51

Medical Review Officers and Review of Positive UrinalysisDrug Testing Results (Cited in paras 2–14c, 2–15h, 2–21l,4–14d, 15–9b, 16–7b.) (Available athttp://www.acsap.army.mil/sso/pages/public/laws/army.jsp.)

DFARS223.570

Drug-free work force (Cited in para 5–13b.) (Availableat http://www.acq.osd.mil/dpap/dars/dfars/index.htm.)

DFARS252.223–7004

Drug-free work force (Cited in para 5–11e.) (Availableat http://www.acq.osd.mil/dpap/dars/dfars/index.htm.)

NGR500–2/ANGI 10–801

National Guard Counterdrug Support (Cited in paras 4–15b(8),15–17a.) (Available at http://www.ngbpdc.ngb.army. mil.)

49CFR 40

Procedures for TransportationWorkplace Drug and Alcohol Testing Programs (Cited in paras 2–15f, 3–13b,c, and e(4), 5–28a, 5–30, 5–31b, 5–32, 9–8b(4)(a)and c.) (Available at http://ecfr.gpoaccess.gov.)

SectionII

RelatedPublications

A related publication is a source of additional information.The user does not have to read it to understand this publication. Armyregulations and Department of the Army pamphlets are available online from theArmy Publishing Directorate Web site at http://www.apd.army.mil/. DODdirectives and instructions are available at http://www.dtic.mil/whs/directives/; National Guard publications can be found atwww.ngbpdc.ngb.army.mil/pubfiles/; citations to the United States Code, publiclaws, and the Congressional Record are available at http://www.gpoaccess.gov/;Code of Federal Regulations are available at http://www.ecfr.gov/, and FederalAcquisition Regulations are available at http:// www.arnet.gov/.

AR10–78

United States Army Drug and Alcohol Technical Activity

AR15–1

Committee Management

AR15–6

Procedures for Investigating Officers and Boards of Officers

AR40–68

Clinical Quality Management

AR 40–400

Patient Administration

AR140–111

U.S. Army Reserve Reenlistment Program

AR190–30

Military Police Investigations

AR190–45

Law Enforcement Reporting

AR195–5

Evidence Procedures

AR350–1

Army Training and Leader Development

AR360–1

The Army Public Affairs Program

AR600–8–1

Army Casualty Program

AR600–8–19

Enlisted Promotions and Reductions

AR600–20

Army Command Policy

AR600–105

Aviation Service of Rated Army Officers

AR601–280

Army Retention Program

AR623–3

(Video) Army Board Study Guide - Army Programs

Evaluation Reporting System

AR635–8

Separation Processing and Documents

DODI6025.13

Medical Quality Assurance (MQA) and Clinical QualityManagement in the Military Health System (MHS)

NGR(AR) 600–5

The Active Guard Reserve (AGR) Program, Title 32, Full-TimeNational Guard Duty (FTNGD)

NGR(AR) 600–200

Enlisted Personnel Management

5CFR 752

Adverse Actions

5CFR 752.203 Procedures

5CFR 752.404 Procedures

42CFR 2

Confidentiality of Alcohol and Drug Abuse Patient Records

42CFR Chapter 1, Part 2, Subpart E

Court Orders Authorizing Disclosure and Use

42CFR 2.16

Security for written records

42CFR 2.22

Notice to patients of Federal confidentiality requirements

42CFR 2.52

Research activities

42CFR 2.53

Audit and evaluation activities

49CFR

Transportation

49CFR 40, Subpart B

Employer Responsibilities

49CFR 40.321

What is the general confidentiality rule for drug and alcoholtest information?

49CFR 40.323

May program participants release drug or alcohol testinformation in connection with legal proceedings?

49CFR 40.327

When must the MRO report medical information gathered in theverification process?

49CFR 40.329

What information must laboratories, MROs, and other serviceagents release to employees?

49CFR 40.331

To what additional parties mustemployers and service agents release information?

49CFR 40.333

What records must employers keep?

49CFR 382

Controlled Substances and Alcohol Use and Testing

49 CFR382, Subpart B

Prohibitions

49CFR 382, Subpart C Tests Required

49CFR 382, Subpart E

Consequences for Drivers Engaging in Substance Use-RelatedConduct

49CFR 382.107

Definitions

49CFR 382.403

Reporting of results in a management information system

49CFR 382.601

Employer obligation to promulgate a policy on the misuse ofalcohol and use of controlled substances

49CFR 382.603

Training for supervisors

49CFR 382.605

Referral, evaluation, and treatment

49CFR 383

Commercial Driver’s License Standards; Requirements andPenalties

53FR 11970 (1988) as amended by 59 FR 29908 (1994)

Mandatory Guidelines for Federal Workplace Drug TestingPrograms Available at http://www.drugfreeworkplace.gov/.

5USC 552

Public information; agency rules, opinions, orders, records,and proceedings

5USC 552(a)

Records maintained on individuals

5USC 7301

Presidential regulations

21USC 812

Schedules of controlled substances

21USC 1175

Transferred

42USC 4582

Transferred

42USC 290dd–2

Confidentiality of records

MRE312

Body views and intrusions(Available at http://www.apd.army.mil/pdffiles/mcm.pdf.)

MRE313

Inspections and inventories in the armed forces (Available athttp://www.apd.army.mil/pdffiles/mcm.pdf.)

MRE314(e)

Consent searches (Available athttp://www.apd.army.mil/pdffiles/mcm.pdf.)

MRE315

Probable cause searches (Available athttp://www.apd.army.mil/pdffiles/mcm.pdf.)

PL91–616

Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment, and Rehabilitation Act of 1970 (Available athttp://thomas.loc.gov/home/thomas.php.)

PL92–129

Amendments to the Military Selective Service Act of 1967(Available at http://thomas.loc.gov/home/thomas.php.)

PL92–255

Drug Abuse Treatment Act of 1972 (Available at http://thomas.loc.gov/home/thomas.php.)

PL95–454

Civil Service Reform Act of 1978 (Available athttp://thomas.loc.gov/home/thomas.php.)

PL99–570

Federal Employees Substance Abuse Education and Treatment Actof 1986 (Available at http://thomas.loc.gov/home/ thomas.php.)

PL100–71, 503, 5 USC 7301 note

Supplemental Appropriations Act, 1987 (Available athttp://thomas.loc.gov/home/thomas.php.)

PL100–690

Drug-Free Workplace Act of 1988 (Available athttp://thomas.loc.gov/home/thomas.php.)

PL102–143, Title V

Omnibus Transportation Employee Testing Act of 1991(Available at http://thomas.loc.gov/home/thomas.php.)

PL104–191, Section 264

Health Insurance Portability and Accountability Act of 1996(Available at http://thomas.loc.gov/home/thomas.php.)

UCMJART. 15

Commanding Officer’s Non-Judicial Punishment (Available athttp://www.au.af.mil/au/awc/awcgate/awc-law. htm#ucmj)

UCMJART. 92

Failure to obey order or regulation (Available athttp://www.au.af.mil/au/awc/awcgate/awc-law.htm#ucmj)

UCMJART. 107

False official statements (Available athttp://www.au.af.mil/au/awc/awcgate/awc-law.htm#ucmj)

UCMJART. 112a

Wrongful use, possession, etc., of controlled substances(Available at http://www.au.af.mil/au/awc/awcgate/awc-law. htm#ucmj)

UCMJART. 134

General Article (Available athttp://www.au.af.mil/au/awc/awcgate/awc-law.htm#ucmj)

FAR23.5

Drug-Free Workplace (Available athttp://www.acquisition.gov/far/.)

FAR52.223–6

Drug-Free Workplace (May 2001)(Available at http://www.acquisition.gov/far/.)

ADAPTManual

Army Center for Substance Abuse Programs (Available athttp://acsap.army.mil.)

Alcoholand Drug Control Officer Guidebook

Army Center for Substance AbusePrograms (Available on the ACSAP secure Web site at

https://prissod1.acsap.hqda.pentagon.mil/sso/pages/private/manuals.jsp.Request a password via the public Web site athttp://acsap.army.mil/sso/pages/index.jsp .)

Commander

Army Center for Substance Abuse Programs (Available athttp://acsap.army.mil.)

EmployeeAssistance Program Coordinator (EAPC) Guidebook

Army Center for Substance AbusePrograms (Available on the ACSAP secure Web site at

https://prissod1.acsap.hqda.pentagon.mil/sso/pages/private/manuals.jsp.Request a password via the public Web site athttp://acsap.army.mil/sso/pages/index.jsp.)

InstallationBiochemical Test Coordinator Guidebook

Army Center for Substance AbusePrograms (Available on the ACSAP secure Web site at

https://prissod1.acsap.hqda.pentagon.mil/sso/pages/private/manuals.jsp.Request a password via the public Web site athttp://acsap.army.mil/sso/pages/index.jsp.)

PreventionCoordinator Guidebook

Army Center for Substance AbusePrograms (Available on the ACSAP secure Web site at

https://prissod1.acsap.hqda.pentagon.mil/sso/pages/private/manuals.jsp.Request a password via the public Web site athttp://acsap.army.mil/sso/pages/index.jsp.)

SectionIII

PrescribedForms

Unless otherwise indicated, DA forms are available on theArmy Publishing Directorate (APD) Web site (www.apd. army.mil).

DAForm 5018–R

ADAPCP Client’s Consent Statement for Release of TreatmentInformation (Prescribed in paras 10–19c, 10–19d, 10–23b,10–27c, 10–27e, 10–27g, 10–27i(3)(a), 14–1b(8),15–14d.)

SectionIV

ReferencedForms

Unless otherwise indicated, DA forms are available on theArmy Publishing Directorate (APD) Web site (www.apd. army.mil); DD forms areavailable on the Office of the Secretary of Defense (OSD) Web site(www.dtic.mil/whs/ directives/infomtg/forms/formsprogram.htm); and Standardforms (SFs) are available on the U.S. General Services Administration (GSA) Website (www.gsa.gov).

DAForm 11–2

Internal Control Evaluation Certification

DAForm 268

Report to Suspend Favorable Personnel Actions (FLAG)

DAForm 2028

Recommended Changes to Publications and Blank Forms

DAForm 3711

Army Substance Abuse Program (ASAP) Resource and PerformanceReport (RAPR)

DAForm 3881

Rights Warning Procedure/Waiver Certificate

DAForm 3997

Military Police Desk Blotter

DAForm 4833

Commanders’s Report of Disciplinary or Administrative Action

DAForm 4465

Patient Intake/Screening Record (PIR)

DAForm 4466

Patient Progress Report (PPR)

DAForm 4856

Developmental Counseling Form

DAForm 5017

Civilian Employee Consent Statement

DAForm 5019

Condition of Employment for Certain Civilian PositionsIdentified Critical under the Department of the Army DrugFree Federal WorkplaceProgram

DAForm 5440–58

Delineation of Clinical Privileges–Substance AbuseRehabilitation

DAForm 5513

Key Control Register and Inventory

DAForm 7412

Condition of Employment for Certain Civilian PositionsIdentified Safety–Sensitive under the Department of Transportation, FederalHighway Administration Rules on Drug and Alcohol Testing

DAForm 8003

Army Substance Abuse Program (ASAP) Enrollment

DDForm 2624

Specimen Custody Document-Drug Testing

SF66

Official Personnel Folder (Available through normal formssupply channels.)

SF513

Medical Record-Consultation Sheet

SF600

Medical Record-Chronological Record of Medical Care

SF700

Security Container Information (Available through normalforms supply channels.)

SF702

Security Container Check Sheet

AFIPForm 1323

AFIP/Division of Forensic Toxicology–Toxicological RequestForm (Available at http://www.acsap.army.mil/ drug_testing/AFIP_Form_1323.pdf.)

FormDOT F 1380

U.S. Department of Transportation(DOT) Alcohol Testing Form (Available at http://www.randomtesting.com/alcohol_form.pdf)

FormDOT F 1385

U.S. Department of Transportation Drug and Alcohol TestingMIS Data Collection Form (Available athttp://transitsafety.volpe.dot.gov/DrugAndAlcohol/DAMIS/MISform/2011misform.pdf.)

Appendix B Unit Commander’s Guide to the Army SubstanceAbuse Program

This guide provides basic information to unit commandersabout the ASAP. The following questions and figures provide a quick overview ofthe unit commander’s responsibilities, resources, and procedures necessary toparticipate in and fully support the ASAP prescribed by AR 600–85.

B–1.What is the Army Substance Abuse Program?

Response 1: The Army Substance Abuse Program, or ASAP, is acomprehensive program, which combines substance abuse deterrence, prevention,ID, and rehabilitation designed to strengthen the overall fitness andeffectiveness of the Army and to enhance the combat readiness of its personneland units by eliminating alcohol and/or other drug abuse. (ASAP mission andobjectives are listed in para 1–5, AR 600–85.)

B–2.What is the unit commander’s role in the Army Substance Abuse Program?

Response 2: Commander’s actions to prevent, deter, and reducealcohol and other drug abuse are the keys to ASAP success. Unit commanders mustobserve their Soldiers’ behavior and intervene early to identify possiblealcohol and/or other drug abusers, refer these Soldiers for evaluation bytrained medical personnel, recommend enrollment in rehabilitation programs,monitor each Soldier’s rehabilitation progress, and when appropriate, processSoldiers for separation. (More information on the unit commander’s role in ASAPcan be found in paras 2–31 and 2–32.)

B–3.What specifically must the unit commander do?

Response 3: The major actions a unit commander mustaccomplish are: appointing the UPLs, establishing the unit drug testing and theprevention and education programs, and enforcing the ASAP policies. Thecommander will implement and maintain, even while deployed, a unit substanceabuse program. (A complete list of the unit commander’s responsibilities iscontained in para 2–33.)

a. Appointon orders at least two officers or NCOs to be trained and certified as the UPLand alternate(s). The UPL will assist the commander in the designing andimplementing the unit prevention plan, administering the unit DTP, and keepingthe commander informed of trends in alcohol and other drug abuse in the unit.(See para 2–36 for a detailed list of UPL responsibilities.)

b. Ensurethat the unit substance abuse program SOP and policies are up to date, reviewedannually and signed by

the current unit commander.

c. Conductrandom, unpredictable urinalysis at a rate of 4 percent of the battalion’sassigned and attached strength per week. The drug and alcohol testing programfacilitates early ID of substance abuse in the unit, and enables the commanderto assess the security, military fitness, and good order and disciple of theirunit. (See chap 4, AR 600–85 for more information on drug testing).

d. Referall identified drug or alcohol abusers to the ASAP for evaluation.

e. Discipline,as appropriate, all identified substance abusers, underage drinkers, andSoldiers who provide alcohol to

underage Soldiers.

f. Initiateseparation action on all Soldiers identified as drug abusers or who areinvolved in two serious incidents of

alcohol-related misconduct within12 months.

g. Prevent,deter, and reduce the abuse of substances to the lowest extent possible througheducation, community involvement, and deglamorization of alcohol (ensure thatalcohol is never the focus of any unit event). While there are many preventionstrategies available, the unit commander should provide education and trainingto Soldiers on the effects and consequences of alcohol and other drug abuse,along with the rehabilitation services which are available at the installation.(See Response 4 and chap 9 of this regulation for information on preventionpolicies and strategies.)

(1) Ensure that therequired training and briefings are provided annually.

(2) Brief all newlyassigned Soldiers on local and command ASAP policies and services.

(3) Immediatelyreport all offenses involving illegal possession, use, sale, or trafficking indrugs or drug paraphernalia to the PM for investigation or referral to theUSACIDC. This includes all positive test results that do not require a medicalreview as directed by USAMEDCOM. Positive tests that require MRO review willnot be reported until receipt of verified illegitimate use by the MRO.

(4) Assess programsand provide feedback to the installation RRPC and IPT for program improvements.

h. Maintain contact with both the counseling andgarrison ASAP staff to stay abreast of:

(1) New trainingand educational materials, risk reduction data, drug and alcohol trends, andstatistics within thelocal community or area of deployment.

(2) The status ofSoldiers enrolled in rehabilitation.

(3) Changes inregulations or policies, programs and campaigns within the military community.

i. Usethe RRP and work with the RRPC and the IPT to design and prevent high riskbehavior and intervene when

necessary.

j. DirectSoldiers to complete the R-URI 30 to 180 days after returning from adeployment.

B–4.Who are the Army Substance Abuse Program key players?

Response 4:

a. Garrison ASAP.

(1) Youas a commander have the key role in the ASAP (see paras 2–31 and 2–32).

(2) TheUPL is your primary POC at the unit for ASAP issues (see paras 2–34 and 2–35).

(3) TheADCO is in charge of all garrison ASAP functions and is your primary POC forASAP issues (see para2–18).

(4) ThePC is responsible for prevention and training programs on your installation toinclude unit level training andthe training of UPLs (see para 2–19).

(5) TheDTC is the installation subject matter expert for drug testing procedures. TheDTC operates a forensicallysecure installation DTP collection point, ensuresquality control of the specimens sent to the FTDTL, provides technicalassistance and support for the UPL CTP, and advises unit commanders on programutilization, test results and supplies (see para 2–21).

(6) TheEAPCis the primary POC for civilian employees in need of assistance (see para2–20).

(7) TheRRPC is the primary POC for the RRP statistics, URI and R-URI surveys (see para2–22).

(8) TheBACM supervises the ASAP program for a MSC in certain deployed areas that havebeen assigned a BAC(see para 4–7d).

b. Counseling ASAP: The local ASAP counseling centerprovides the unit commander with a wide range of

counselors to evaluate and counselalcohol and/or other drug abusers.

(1)The CD is in charge of the counseling portion of the ASAP and isyour POC for counseling and rehabilitationservices (see para 2–23).

(2)Counselors evaluate Soldiers with potential substance abuseproblems and provide rehabilitation.c. Other personnel supporting theASAP.

(1) The MRO reviewspositive drug test results that could be due to authorized prescriptionmedication or medicalor dental treatment. they will determine if the use waslegitimate (see para 4–14 and fig 4–2).

(2) The SJA is yourlegal advisor for drug and alcohol cases (see para 2–27).

(3) The MP and theCID provide blotter reports and investigate drug cases.

B–5.What process should be followed if a unit commander suspects a Soldier ofalcohol and/or other drug abuse?

Response 5: Figure B–1 provides an outline of the process. Ifa unit commander has some reasonable suspicion (the chain of command hasnoticed unusual or aberrant behavior by the Soldier), but not sufficientevidence for PO to suspect a Soldier of drug or alcohol abuse, and if the unitcommander believes the Limited Use Policy applies (see paras 10–12 through10–14), the unit commander should consult with the supporting legal advisorbefore discussing the Limited Use Policy with the Soldier. If appropriate, theunit commander may then explain the Limited Use Policy to the Soldier. If aunit commander has PO to suspect a Soldier of drug or alcohol abuse (the chainof command has good reason to suspect that drugs are within the Soldier’sbody), the commander should consult with the supporting legal advisor and ifappropriate advise the Soldier of their rights under UCMJ Article 31(b) usingDA Form 3881. The commander may then also order the Soldier to submit a POurine specimen. If the Soldier waives their rights, the commander may thenquestion the Soldier about alcohol or drug abuse. If there is less than PO, thecommander may still refer the Soldier for a professional evaluation by the ASAPcounseling personnel, or the commander may decide that the Soldier shouldsimply be returned to duty.

B–6.What does the unit commander do when notified that a Soldier has testedpositive during a drug test?

Response 6: Figure B–2 provides an outline of the process.When a unit commander is notified that a Soldier tested positive during aurinalysis, the unit commander’s actions are determined by the type of drugidentified. If the drug does not have a legitimate medical use as determined byUSAMEDCOM, the commander will consult with law enforcement to determine whetherlaw enforcement desires to conduct an investigation. The commander will alsoFlag the Soldier and consult with the trial counsel who supports the unit. Iflaw enforcement declines to conduct an investigation, the commander mustconduct his or her own preliminary inquiry into the alleged offense. Thecommander must advise the Soldier of his or her legal rights under UCMJ Article31 (b) using DA Form 3881. If the Soldier waives his or her rights, thecommander may then question the Soldier about drug abuse. After completing theinquiry or investigation, the commander should consider the full range ofactions in accordance with the Rule for Courts Martial 306 of the Manual forCourt Martial. The commander must initiate administrative separation within 30calendar days of receipt of a positive drug test report or if the case requiresMRO review, within 30 calendar days of receipt of the MRO-verified positivedrug test report. In cases where the chain of command has referred the matterto a trial by court-martial, administrative separation proceedings will bedelayed until the completion of the court-martial process. The commander may initiateaction under the UCMJ and start administrative separation processingsimultaneously. Regardless of the action taken, the Soldier must be referred tothe ASAP.

B–7. What canI expect when a Soldier is enrolled for Army Substance Abuse Program rehabilitation?Response 7: When the Soldier in enrolled in the ASAP, therehabilitation team, which includes the unit commander or first sergeant, theSoldier, and counselor, will meet to confirm that rehabilitation is warrantedfor the Soldier and what the rehabilitation plan will include. Both thecommander and the Soldier must dedicate time and effort to the process.Depending on the severity of abuse, the rehabilitation plan may include theSoldier’s participation in any/all of the following:

a.At least 12 hours of ADAPT. in accordance with TRADOC Reg350–70

b. Weeklyindividual or group counseling sessions.

c. Atwo- to four-week partial inpatient care program.

d. Attendanceat self-help groups such as AA or Narcotics Anonymous.

e. Unannouncedrehabilitation drug or alcohol testing intended to determine if the Soldier isstill abusing drugs or alcohol. Unless hospitalized, the Soldier is expected toparticipate in normal unit operations (for example, field training exercises,charge of quarters or similar duties, and deployments) while receiving the carelisted above.

B–8.How is a commander involved in a Soldier’s rehabilitation?

Response 8: The commander will—

a. Participateas a key member in the rehabilitation team meetings with the ASAP counselingstaff. (Chapter 8 of

this regulation addresses therehabilitation process.)

b. Evaluateand provide periodic feedback to the counselor about the Soldier’s dutyperformance during care.

c. Reviewongoing evaluations of the Soldier’s progress and participation provided by theASAP counselor and meet

with the Soldier to discuss theevaluation.

d. Ensurethe Soldier’s rehabilitation testing is conducted in accordance with therehabilitation plan.

e. Makethe final determination of the success or failure of the Soldier’srehabilitation (normally within 3 to 6 months of initial enrollment). Ifunsuccessful, the commander will initiate separation action for rehabilitationfailure.

B–9.How should a unit commander prepare for a deployment?

Response 9: The commander will —

a. Contactthe installation or USAR MSC ADCO or JSAPO for guidance, especially on what BACto use when

testing in the deployed area.

b.Ensure the unit has at least two trained UPLs that willdeploy and two that will stay behind with the rear detachment, if necessary.Units that will be geographically dispersed in the deployment area may needadditional trained UPLs.

c. Obtainand pack enough drug testing supplies to test 100 percent of the Soldiers thatwill deploy. (Replacement

supplies will be ordered in thedeployment theater, but may take some time to reach the unit.)

d. Deploywith the DOD DTP software, a current unit roster, and an alternate means ofrandomly choosing Soldiers

for testing (see chap 4 fordetails).

e. Ensurethe UPLs know how to perform quality control, packing, and shipping proceduresfor the urinalysis specimens because these tasks are usually done by a DTC orJSAPC, and the UPL will ship directly to the drug testing lab from thedeployment area. Ensure the UPLs have the supplies needed to pack and ship theurine specimens.

f. Checkwith the postal officer to determine how to ship urinalysis specimens from thedeployed area to the lab for

testing.

B–10.What is the Limited Use Policy?

Response 10: The objective of theLimited Use Policy is to facilitate the ID of alcohol and other drug abusers byencouraging self-referral. In addition, the policy is designed to facilitatethe rehabilitation of those abusers who demonstrate the potential for bothrehabilitation and retention. In short, the Limited Use policy allows a Soldierto get help and make a new start without being punished for past offenses. Itis not intended to protect a Soldier who is attempting to avoid disciplinary oradverse administrative action. When applied properly, the Limited Use Policydoes not conflict with the Army’s mission or standards of discipline. Soldiersmay seek help for their own alcohol or other drug problem from their unitcommander, a physician at the MTF, or any agency or individual described inchapter 7 of this regulation. This is a complicated policy that your supportinglegal advisor can help you apply. Additional guidance is in paras 10–12 to10–14.

B–11.How do I get a Unit Prevention Leader certified and how do I get the requiredArmy Substance Abuse Program training for my unit?

Response 11:

a.Contact your ADCO or PC to schedule your UPL candidate totake the 40-hour UPL Certification course. Your UPL should receive a copy ofthe UPL CTP CD–ROM that includes all the training resources for the course. Ifyou are deployed and need to certify a new UPL or to recertify a current UPL,contact the ACSAP at biochem@acsap.army.mil for instructions. See paragraph 9–6for more information.

b.Once certified, your UPL, with help from the ASAP staff, theUPL CTP CD and the ACSAP Web site, should be able to provide or schedule youralcohol and other drug awareness training. With prior coordination, the PC canprovide some of the required training. See paragraph 9–11 for more information.

B–12.What is smart testing?

Response 12:

a.Definition of smart testing: The process where drug testingis conducted in such a manner that it is not predictable to the testedpopulation. If your unit is conducting random smart testing, then every Soldiershould believe that they can and may be tested on any given day at any giventime.

b.Why is smart testing important? The urinalysis program isdesigned to be a deterrence program. If a Soldier believes that they will betested at any time and that they will receive negative consequences for testingpositive, then they will be less likely to use drugs. If a Soldier can predictwhen they will be tested, then they may try to beat the test, and the deterrenteffect is lost.

c.DO’s of smart testing:

(1) Back-to-backtesting (for example, Friday/Monday).

(2) Weekend/Holidaytesting.

(3) Duringfield exercises.

(4) At theend of the duty day.

(5) Duringafternoon physical training.

d. Some examples of poor urinalysis collectiontechniques include:

(1) Always testingon Mondays.

(2) Asking forvolunteers.

(3) Listing thetest on the training schedule.

(4) Announcing thenext day’s test at the end of the duty day or by email.

(5) CallingSoldiers in for an alert but telling them it’s for a urinalysis.

(6) Callingattention to future drug testing by conspicuously handling urinalysis suppliesor preparing requiredforms.

(7) Stoppingcollections before every Soldier selected has provided a specimen.

(8) Printing outtesting documents and labels on shared printers (fig B–1 and fig B–2).

AR 600-85 The Army Substance Abuse Program (9)

Figure B–1. A commander’s actions when a Soldier issuspected of abusing drugs or alcohol

AR 600-85 The Army Substance Abuse Program (10)

AR 600-85 The Army Substance Abuse Program (11)

Figure B–2. Commander’s actions upon receiving a positivedrug test result

AR 600-85 The Army Substance Abuse Program (12)

AppendixC Army Substance Abuse Program Clinical Code of Ethics

C–1.Introduction

The ASAP is comprised of treatment providers who haveresponsibility for providing clinical counseling to clients suffering theeffects of alcohol and other drug abuse. The term “ASAP clinical staff,” asused in this document, refers to all ASAP clinical staff, even though the jobtitle may be “clinical director,” “social worker,” or some other designatedtitle. ASAP clinicians believe in the dignity and worth of their clients ashuman beings and accept responsibility for providing competent, quality treatment,consistent with their education, experience, and job assignment. In thepractice of their profession, ASAP clinical staff dedicate themselves topromoting the best interest of their employing institution, their society,their clients, the profession, and their colleagues. In practicing theseprinciples, clinical staff are governed by a set of ethical standards referredto as the “ASAP Clinical Code of Ethics.” A violation of the ASAP Clinical Codeof Ethics can result in disciplinary actions and/or revocation, denial, orsuspension of clinical certification. Nothing in these ethical standardsprecludes the initiation of appropriate disciplinary actions at the local orlevel.

C–2.Ethical responsibilities of Army Substance Abuse Program clinical staff totheir clients. Preeminent principles guiding the ethical responsibilities ofthe client-counselor relationship are as follows

a.Principle 1.1: ASAP clinical staff will protect and value thewelfare and dignity of the client at all times. ASAP clinical staff influencepeople whose lives are negatively affected by misuse/abuse of alcohol and/orother substances. In most situations, clients are vulnerable and open tosuggestion. Therefore, ASAP clinical staff have an ethical obligation toprotect and promote the best interest of their clients and Family members atall times.

b.Responsibility 1.1.1: ASAP clinical staff will not violatethe rights of clients. The department of Army defines and establishes clientrights which are to be observed, respected, and protected at all times.Clinical staff will adhere to Army regulations and policies and safeguardclients’ rights.

c.Responsibility 1.1.2: ASAP clinical staff will not physicallyabuse their clients. Physical contact by clinical staff to control, coerce, ordetain clients will be considered unprofessional, except where ordered by aqualified physician and/or where determined necessary to prevent clients frominjuring themselves or others.

d.Responsibility 1.1.3: ASAP clinical staff will not useoffensive or abusive verbalizations when communicating with their clients.Comments which a client could interpret as demeaning, undermining, or cruel innature are considered abusive. Examples include: name-calling, racial or ethnicslurs, derogatory remarks about physical characteristics, remarks aboutintelligence, or demeaning comments regarding heritage. Since clients come fromdiverse backgrounds, clinical staff employ many forms of conversation.Profanity, vulgar, and suggestive language are never considered professional andwill not be used.

e.Responsibility 1.1.4: ASAP clinical staff will not sexuallyexploit their clients. Clinical staff will not engage in sexual relationshipswith clients. Clinical staff are expected to protect and promote the welfare oftheir clients. During the course of treatment, a relationship of trust, basedon professional objectivity and judgment, is to develop between the counselorand the client. Any exploitation of this relationship of trust is unethical.The risk of sexual exploitation by a counselor does not end when a client’streatment terminates; nor does the clinical staff’s obligation to protect thewelfare of the client. Sexual relationships with former clients are forbidden.

f.Responsibility 1.1.5: ASAP clinical staff will neithercondone nor engage in sexual harassment.

g.Sexual harassment is defined as deliberate or repeatedunwanted comments, gestures, or physical contact of a

sexual nature.

h.Responsibility 1.1.6: ASAP clinical staff will notfinancially exploit their clients. It is unethical to enter into any personalfinancial dealings with a client. Any personal financial involvements ordealings with clients distort and confuse the role of the counselor as seen bythe client. Further, such financial interrelationships can impair counselorjudgment in the counseling situation. It is unethical to solicit, borrow, orlend money when dealing with clients, or to solicit clients to buy raffle tickets,discount books, or any other products.

i.Principle 1.2: ASAP clinical staff establish and maintaincounselor/client relationships characterized by profes-

sionalism, respect, andobjectivity.

j.Responsibility 1.2.1: ASAP clinical staff will not discriminateagainst their clients in any way.

k.ASAP clinical staff must gain rapport with clients who havedifferent backgrounds, experiences, and heritage. ASAP clinical staff will notdiscriminate against clients on the basis of age, sex, race, color, religion,sexual orientation, national origin, marital status, political belief, mentalor physical handicap, or any other characteristic. Nor will the counselorpractice, condone, facilitate, or collaborate in any form of discrimination.The ASAP counselor will seek consultation with their supervisor when they findthat they cannot relate objectively to a client.

l.Responsibility 1.2.2: ASAP clinical staff must incorporateculturally relevant techniques into their practice. ASAP clinical staff whocounsel clients from cultures different from their own must gain knowledge,personal awareness, and sensitivity pertinent to the client populations servedand must incorporate culturally relevant techniques into their practice.

m.Responsibility 1.2.3: ASAP clinical staff will ensure thatservices are offered in a respectful manner in an appropriate clinicalenvironment. This responsibility is designed to protect both the client and theASAP clinical staff from harm. It also serves to protect the reputation/imageof the counseling profession.

n.The ASAP clinical staff’s appearance, affect, and behaviorshould be professional and respectful when dealing with clients. Attire will beneat, clean, nonprovocative, and appropriate to the professional counselingrelationship. Counseling sessions will take place in an office/room that isprivate and free from distractions, and never in public areas that maycompromise a client’s privacy or confidentiality.

o.Responsibility 1.2.4: ASAP clinical staff will avoidcontinuing a counseling relationship (maintaining a case) for personal orprogram gain or satisfaction beyond the point where it is clear that the clientdoes not need/is not benefiting from the relationship. Programs that require aspecified length of stay will not be interpreted as violating this rule.However, circumstances may arise in which the ASAP counselor feels that theirclient is not benefiting from treatment in a program with a required length ofstay. It is the ethical responsibility of the counselor to make an accurateassessment and convey it to the appropriate authority.

p.Responsibility 1.2.5: ASAP clinical staff will not give orreceive a commission, rebate, or any other form of payment for the referral ofclients. The above does not preclude clinical staff’s participation in ASAPclinic events, such as open houses, reunions, and so forth, to familiarizeothers with ASAP services. Such publicity is appropriate and ethical whencarried out in a professional manner.

q.Responsibility 1.2.6: ASAP clinical staff must refuse aprivate fee, gifts, or other remuneration for consultation or counseling withpersons who are entitled to these services through the DA. Should the clientsdesire private counseling or consulting services, they must be apprised ofother options available to them. ASAP clinical staff must not divert to theirprivate practices, legitimate clients of their employing program or theinstitution with which they are affiliated.

r.Principle 1.3: The ASAP counselor’s responsibility is toprovide competent, professional service.

s.Responsibility 1.3.1: ASAP clinical staff will not offerservices outside the boundaries of their job descriptions and/or professions.ASAP clinical staff will adhere to their job descriptions, standards, andscopes of practice; they must function within those limits. For example, theASAP clinical staff will not function as an ADCO. Nor will theyprescribe/dispense medications, or offer financial/legal advice.

t.Responsibility 1.3.2: ASAP clinical staff will not offerservices outside their range of competency or professionalism. To providecompetent, professional service, it is essential that the clinical staff beknowledgeable regarding their own job description responsibilities and theirrespective limitations as a treatment professional. ASAP clinical staff muststay within those limits. The ASAP clinical staff must understand their ownvalue system, as it influences their judgment of others. ASAP clinical staffwill refrain from undertaking any counseling activity where prejudice or biaswould impair the counseling relationship. Since personal difficulties may blindthe ASAP clinical staff member to their own limitations or weaknesses incounseling, it is important for each to have available and to seek adequateclinical supervision.

u.Principle 1.4: ASAP clinical staff will respect, preserve,and protect professional confidences and the client’s

right to confidentiality (forexample, HIPAA).

v.Responsibility 1.4.1: ASAP clinical staff will comply withFederal Law and all DOD rules and regulations, including those pertaining toclient confidentiality. Client confidentiality must be maintained (inaccordance with the Army guidelines) in order to preserve and protect thedignity and integrity of the client. The DOD rules and regulations establishthe nature and requirements for the disclosure of information about a client.ASAP clinical staff will be thoroughly familiar with these regulations andFederal Law, and comply with them at all times.

w.Principle 1.5: ASAP clinical staff will seek qualityprofessional services to meet identified needs of their clients.

x.Responsibility 1.5.1: Clinical staff are responsible forseeking adequate and appropriate professional services to meet identified needsof their clients. It is the professional obligation of the ASAP counselor toseek the best possible professional services for their client’s needs. Thisresponsibility is not absolved if the counselor does not work in a settingwhere diverse professional services are readily available. The counselor willemploy the following guidelines in securing adequate services for clients.

y.Responsibility 1.5.2: ASAP clinical staff must refer theirclients to an appropriate specialist when the client’s problem(s) fall outsidethe boundaries of their competency, authority, job description or profession.When recommending other needed services to the client, clinical staff willalways seek to represent and promote the best interest of the client.Personality preferences, friendships, personal relationships, or other suchloyalties will not dictate referrals. ASAP clinical staff have the professionalresponsibility to recommend to clients only those persons who are qualified andauthorized to deliver such services.

C–3.Ethical responsibilities of Army Substance Abuse Program certified clinicalstaff regarding personal use of alcohol and other mood-altering substances

a.Principle 2.1: ASAP clinical staff will show respect andregard for all laws, in particular those dealing with alcohol consumption andother drug use. They recognize that violations of legal standards may damagetheir own reputation, as well as that of the profession or the ASAP. Thisprinciple is the basis of the ethical guidelines for the use of alcohol andother mood-altering substances. Effective functioning of the counselor requiresdevelopment and maintenance of a public image of maturity, responsibility, andcredibility. The counselor has an obligation to maintain this public image. TheASAP clinical staff, by the very nature of their work, assumes the role ofeducator and counselor on issues of alcohol and other drug use. The ASAPclinical staff also assume the responsibility of serving as role models to theclient, community, and to their profession. The ASAP clinician does not ceaseto be a treatment professional when they are off duty from the treatmentsetting. Therefore, to abuse alcohol or any other mood-altering substance is todiminish the credibility of all professional substance abuse clinical staff. Topossess and/or use any illegal substance is contrary to what it means to be anASAP counselor. One must adhere strictly to all licensure requirements,including self-reporting of all illegal substance use/abuse, behavioral healthor medical conditions, or others which the professional regulations require tobe reported.

b.Responsibility 2.1.1: ASAP clinical staff will not abusealcohol. For our purposes, alcohol abuse will be

interpreted to mean alcohol useleading to impairment as describe in chapter 3 of this regulation .

c.Responsibility 2.1.2: ASAP clinical staff will not abuselegal drugs. Evidence of the abuse of legal drugs will be considered asverified: also, use of another’s prescription medication; use in excess ofprescribed dosages; or, in the case of over-the-counter drugs, intentional usecontrary to label instructions.

d.Responsibility 2.1.3: It may become necessary for an ASAPclinician to be prescribed mood-altering drugs for necessary and appropriatemedical reasons. In such circumstances, the ASAP clinician should weigh theirability to serve in counseling relationships. In situations such as the above,the ASAP clinical staff will consult with the supervisor on this issue beforecontinuing direct and immediate clinical work and report same to the Board ofProfessional Regulation, as required. Failure to do so is an ethical violation.

e.Responsibility 2.1.4: ASAP clinical staff will not possess oruse any illegal drug in any circumstance.

f.It is the obligation of the ASAP clinical staff to uphold andobey the laws of the community and DOD regulations. It is the professionalobligation of the ASAP clinical staff to uphold laws prohibiting thepossession, use and/or distribution of illegal substances.

g.Responsibility 2.1.5: ASAP clinical staff will not provideclients with alcohol, other mood-altering substances, or

any over-the-counter medications.

h.Responsibility 2.1.6: ASAP clinical staff will notprovide/serve alcohol or cigarettes to minors.

C–4.Ethical responsibilities of Army Substance Abuse Program clinical staff toFamily members and significant others of the client

This section of the handbook pertains to the ethicalresponsibilities of the ASAP clinical staff to Family members/ significantothers of the substance abuser when the Service member is the primary client.(It is understood that Family members/significant others may be the primaryclients. In such cases, all ethical responsibilities of the ASAP clinical staffin clinical staff/client relationships also apply.)

a.Principle 3.1: ASAP clinical staff accept and understand thatalcoholism and other drug dependence is a disease that affects the impairedperson’s Family members and significant others. Therefore, ASAP clinical staffwill demonstrate concern and respect for the welfare of the families andsignificant others.

b.Responsibility 3.1.1: ASAP clinical staff will work toinvolve the Family/significant others in treatment whenever possible.Alcoholism/other drug abuse are a Family disease. All members of the Family areaffected by the disease and need to be involved in treatment. The ASAP clinicalstaff understands that the client’s chances for recovery are enhanced whenFamily members are involved in treatment. When working with the clients’families and significant others, ASAP clinical staff will avoid partisanship,and refrain from taking sides among Family members. An exception to this occursin intervention. The ASAP clinical staff, in the best interest of the client,may guide the significant others in an intervention to take sides to move theclient toward treatment. In this area, as in others, good clinical reasoningwill govern the ASAP clinical staff’s actions.

c.Responsibility 3.1.2: ASAP clinical staff will promptlyinform their supervisors and/or the proper authorities when they suspect thattheir client has been involved in child maltreatment, or other domesticviolence. Child abuse and neglect are serious crimes. It is estimated that atleast half of all child abuse is alcohol-related. It is essential, then, thatthe ASAP counselor respect the seriousness of the offense of child abuse andconform to reporting requirements. Abuse in the Family does not involve childrenalone. Domestic violence of all kinds (spouse abuse, elder abuse, and so forth)is not unusual in Families suffering from alcohol and other drug abuse. AllASAP clinical staff should know the provisions of relevant laws and regulationsand clearly inform their clients of their obligations to report beforebeginning counseling.

C–5.Army Substance Abuse Program clinical staff in professional relationships

a.Principle 4.1: ASAP clinical staff will treat colleagues withrespect, courtesy, and fairness, and should afford the same professionalcourtesy to other professionals. ASAP clinical staff do not work in isolation.Therefore, high standards of conduct in professional relationships must bemaintained. Clinical staff will not tape-record nor repeat/ releasecolleagues’statements nor correspondence/information through e-mail or othermedia without the consent of the colleague(s) involved. While ASAP clinicalstaff are required to treat their colleagues and other professionals withrespect, the manner in which evaluations are made and presented requiresethical consideration and observance. Additionally, this ethical responsibilitypertaining to professional relationships will not be interpreted to prohibit,nor discourage, ASAP clinical staff from reporting to appropriate authority,incompetent or unethical behavior. When professional conflicts anddisagreements occur, it is the ethical responsibility of the ASAP clinicalstaff to work within s and to safeguard the welfare and best interest of theclients. When professional conflicts and disagreements occur, ASAP clinicalstaff will not engage in disparaging remarks (about their employinginstitution, colleagues, or clients), or inappropriate “child-like”communication or physical behaviors, nor allow themselves to become involved inpower struggles to the detriment of the patients/clients and professionalrelationships.

b.Responsibility 4.1.1: ASAP clinical staff will respectconfidences shared

c.by other colleagues/professionals, except when there is alegal obligation to report.

d.Responsibility 4.1.2: When working on the treatment team orwith other professionals, ASAP clinical staff will not abdicate theirresponsibility to protect and promote the welfare and best interests of theclient and the employing institution. Professional boundaries will not be usedto subvert this ethical responsibility.

e.Responsibility 4.1.3: When working on a treatment team, ASAPclinical staff will work to support the decisions made by the team. This doesnot mean that the ASAP counselor must agree with and not question decisionsmade by the team. If the ASAP counselor firmly believes that the team is notacting in the best interest of the client, they should report these concerns tothe appropriate clinical supervisor. If no remedy can be found at this level,they may request that the matter be presented at a qualityimprovement/assurance meeting at which the CC is present. If this does notresolve the matter, the ASAP counselor may request to be excused from the case.

C–6.Ethical responsibilities to the public and the profession

a.Principle 5.1: When making recommendations for positions,advancements, or similar actions, ASAP clinical staff

will put the welfare of the publicand the

b.profession before the needs of the individual concerned.

c.Responsibility 5.1.1: When making professionalrecommendations, such recommendations will be made on the

basis of honest and objectiveevaluation.

d.Responsibility 5.1.2: ASAP clinical staff will not useanother professional as a reference without first obtaining

that person’s permission.

e.Principle 5.2: Employee/supervisor relationships must bemaintained on a professional basis.

f.Responsibility 5.2.1: ASAP clinical staff will establish andmaintain an employer/supervisor relationship charac-

terized by professionalism andrespect for the program’s regulations and policies.

g.Principle 5.3: ASAP clinical staff will strive at all timesto maintain high standards in the services they offer.

h.Responsibility 5.3.1: The maintenance of high standards ofcompetence is a responsibility shared by all ASAP clinical staff. ASAPclinicians must be honest and have the confidence and trust of the client andthe employing institution. In turn, the profession of counseling must have theconfidence of the public. Such confidence is achieved through maintaining highstandards of competence and professionalism, such as licensure andrehabilitation certificat i o n . M a i n t a i n i n g a n i n d e p e n d e nt l i c e n s e a n d a d v a n c e d c e r t i f i c a t i o n / r e - c e r ti f i c a t i o n i s t h e r e s p o n s i b i l i t y o f t h e counselor.

i.Responsibility 5.3.2: Clinical staff are obligated to reportviolations of ethical standards.

j.ASAP clinical staff will insist upon high ethical standardsand upon professional competency in persons with whom they are directlyassociated professionally. Concerning oneself with the behavior of others isdifficult and may present one with situations that are awkward or embarrassing.Clinical staff are encouraged first to discuss the concerns with theindividual, unless there are extenuating circumstances, such as fear ofretaliation or other danger. If issues/ concerns are not resolved, they will bereported to the Quality Improvement Committee. The counselor’s concern for highstandards of competence is to the benefit of the client. If associates cannotbe helped to achieve minimal standards, the ASAP counselor should end theprofessional association, if possible. ASAP clinical staff should continuouslystrive to improve, through reading, attending professional training, and soforth, to keep abreast of new developments in the field, and to apply thosethat are empirically supported in the published literature, in accordance withArmy guidelines.

k.Responsibility 5.3.3: The counselor recognizes the effect ofimpairment on professional performance and should seek appropriate treatmentfor him/her self, or for a colleague. The counselor should supportPeer-Assistance Programs in this respect.

l.Principle 5.4: In representing ASAP counseling services, ASAPclinical staff concern themselves with accuracy, fairness, and the dignity ofthe profession. The act of misrepresentation, and/or aiding and abetting theact of misrepresentation, constitutes a serious disservice to those ASAPclinical staff who have validly obtained their credentials and who seek touphold their professional designation. Misrepresentation implies disrespect forthe credential and for the client. It is unethical for ASAP clinical staff toclaim, either directly or by implication, professional qualifications andaffiliations that exceed those actually attained. ASAP clinical staff will notrepresent themselves as being certified or licensed when they are not. Anapplicant for certification or licensure will not represent him/herself as suchbefore the credential is officially awarded, nor after it has been suspended orrevoked. ASAP clinical staff is responsible for correcting other ASAP clinicalstaff who misrepresent their professional qualifications.

m.Responsibility 5.4.2.: ASAP clinical staff is required tosubmit accurate and honest information for the purpose of obtaining andmaintaining their own license and certification, and for recommending someonefor certification. When applying for certification or licensure, ASAP clinicalstaff is required to submit accurate, honest, and current information.Similarly, ASAP clinical staff is required to present/submit accurate/honestand current information to maintain licensure and certification. Applicants forcertification and licensure, or recertification are required to obtainevaluations from their supervisor(s). ASAP clinical staff must also submitaccurate/honest and current information when applying for ASAP positions andwhen discussing education and qualification issues with others.

n.Responsibility 5.4.3.: ASAP clinical staff will notparticipate in a licensure or certification exam under the auspices ofeligibility ascribed to another person. Applicants are responsible for ensuringthat no other person participates in examinations through the eligibilityspecifically assigned to the applicant.

o.Responsibility 5.4.4.: ASAP clinical staff participating in aprofessional exam must refrain from the use of

behaviors and/or materials whichwould afford them unfair advantage for performance on the examination.

p.Principle 5.5.: In representing ASAP counseling services,ASAP clinical staff concern themselves with accuracy, fairness, and the dignityof the profession. Many times ASAP clinical staff are asked to make presentationson alcoholism, drug abuse, and/or services provided in treatment. In suchpresentations, it is the ethical responsibility of the ASAP counselor to makeaccurate statements and to avoid any form of misrepresentation. In preparingarticles for a journal, ASAP clinical staff should check the reputation,credibility, and editorial policy of that journal. In publishing, the ASAPcounselor is advised to seek permission to review the article prior to itsdistribution. In the event that misleading information is released, the ASAPcounselor should act quickly to rectify the situation.

C–7.Ethical responsibility of Army Substance Abuse Program clinical staff engagedin research

Principle 6.1: In the conduct of research, ASAP clinicalstaff should adhere to high standards and follow appropriate scientific andregulatory procedures. Under no circumstances will ASAP clinical staff conductresearch using ASAP clients or their data without first gaining approvalthrough the Clinical Investigations Committee. The ASAP clinician has ethicalresponsibilities to fellow clinical staff and others involved in researchefforts. They should take credit only for work actually done and acknowledgeothers’ contributions.

C–8.Ethical responsibilities of Army Substance Abuse Program clinical staff inteaching

a.ASAP clinical staffs are called upon to share their knowledgeand skills with others in a variety of settings. Whatever the setting, it isthe ethical responsibility of the ASAP counselor to enter into suchteaching/supervisory relationships with the intent of maintaining highstandards and with a concern and regard for the student/trainee.

b.Principle 7.1: When ASAP clinical staff accept teaching orsupervising responsibilities, they should discharge these responsibilities withthe same regard for standards required of all other professional activities. Inteaching and/or supervising, the ASAP counselor should have the same regard forthe welfare of the student/trainee as they do for clients. This includesconcern and regard for the well-being and dignity of the student/trainee. It isessential for the clinical staff acting as teacher and/or supervisor to be asfair and objective as possible. Personality conflicts will play no part inevaluations.

C–9.Ethical responsibilities of the Army Substance Abuse Program clinical staff asauthors or editors

Principle 8.1.: As authors or editors, ASAP clinical staffwill adhere to high standards, abiding by the traditions established in theacademic arena. As author, the ASAP clinician will acknowledge the sources andcontributions to their ideas and materials. In publishing, ASAP clinical staffwill disguise the identity of subjects beyond possibility of recognition. Bestpre-publication practices require ASAP clinical staff to obtain the consent ofthe person about whom the material is written prior to publication. ASAPclinical staff should make it clear that the privacy and confidentiality of theclient will be carefully protected. Without the permission of the subject, ASAPclinical staff should not publish the work. The ASAP clinical staff’s ethicalresponsibilities in writing and publishing are more far-reaching than just totheir work. They may be called upon to review the works of other clinical staffor asked to support and encourage such works. When reviewing the work ofanother, clinical staff will critique objectively. The counselor will address theissue of the adequacy of the work, not the ability of the author. The DA/MEDCOMapproval will be sought and the author will delineate their relationship to theArmy/MEDCOM.

C–10.Recovering persons as Army Substance Abuse Program clinical staff

a.Special circumstances arise for recovering persons working inthe addictions/codependency treatment field.

b. Principle9.1: In the context of alcoholism and chemical dependency, recovering ASAPclinical staff will maintain

a sobriety program which enhancestheir recovery.

c.Responsibility 9.1.1: In these circumstances, the recoveringASAP clinician will not allow employment in the prevention/treatment field tojeopardize their recovery. The recovering ASAP clinician will not be expectedto perform additional duties just because he or she is recovering.

d.Principle 9.2: While recovering, ASAP clinicians may chooseto be a member of a variety of self-help groups (for example, AA, NarcoticsAnonymous, Cocaine Anonymous, adult children of alcoholics groups, FA,overeaters anonymous). They are not obligated, nor will they be required, todisclose these associations as a condition for employment or continuingemployment.

e.Responsibility 9.2.1: While recovering, ASAP clinicians maybe members of self-help groups. However, they will avoid participation asrecovering persons at meetings held at their place of employment. This is toavoid role confusion among peers and clients. Disclosure of the ASAP clinicianin recovery is the prerogative of that clinician. Similarly, recovering ASAPclinicians will not be singled out to facilitate all self-help relatedactivities. ASAP clinicians will avoid dual relationships with other recoveringclients. It is not the professional duty of recovering or other ASAP cliniciansto carry a personal spiritual message to their clients. It will not be the soleresponsibility of recovering ASAP clinicians to educate other staff membersabout the meaning and function of self-help groups.

f.Principle 9.3: All ASAP clinicians, due to the nature oftheir work, must respect the Twelve Traditions/Steps of

self-help groups.

g.Principle 9.4: ASAP clinicians will define the nature anddirection of loyalties and responsibilities and keep all

concerned parties informed ofthese commitments and responsibilities.

h.Principle 9.5: If unavoidable, ASAP clinicians mayoccasionally attend self-help meetings that are also attended by ASAP clients.ASAP clinical staff will not disclose client information obtained at thesemeetings or will ASAP clinicians breach the confidentiality or anonymity of anyother members.

AppendixD Army Substance Abuse Program Assessment Checklist

D–1.Objective

The objective of the ASAP assessment checklist is to assistADCOs and CDs in evaluating the ASAP. The ADCOs may assess a different one ofthe four areas of responsibility below each quarter of the fiscal year as longas all areas are assessed annually. CDs may assess their area at any time eachfiscal year. All results of these assessments must be recorded on a MFR andretained in accordance with AR 25–400–2.

D–2.Program management

a. Isan ADCO position authorized on the TDA and filled full-time to implement theASAP?

b. Doesthe ADCO brief the Installation or garrison commander quarterly on the overallASAP status?

c. Arenew commanders and first sergeants briefed on the ASAP upon assuming theirpositions?

d. Areappropriate reports (MP blotters, serious incident reports) reviewed by theADCO on a daily/weekly basis?

e. Hasa community needs assessment survey been conducted within the last 3 years?

f. AreDA Form 4465 and DA Form 4466 completed and entered in DAMIS?

g. AreDUI/urinalysis positive reports completed and forwarded to ACSAP on a quarterlybasis?

h. Arereferral utilization trends shared with the garrison and applicable missionchains of command?

i. AreISRs completed correctly and submitted on time?

j. Haveeffective procedures been implemented to ensure that the ADCO is provided alldata required for completion

of DA Form 3711?

k. Havemonthly reports been entered in DAMIS on DA Form 3711 to provide the statisticalstatus of the ASAP?

l. Havelocal statistics been maintained and analyzed for program needs and trends?

m. Hasan IPT or human resources council or similar forum been established to reviewcurrent installation issues

and trends?

n. Doesthe IPT (or similar forum) meet, at a minimum, on a quarterly basis?

0. Does the ADCO prepare and trackthe garrison ASAP budget and review it with their supervisor and the garrisonresource manager?

p. Doesthe ADCO prepare an internal control checklist (app C of this regulation)?

q. Hasthe ADCO implemented a plan to monitor and assess command utilization of andsatisfaction with all aspects

of the program (for example,prevention, ID, and rehabilitation)?

r. Hasthe ADCO considered nominating members of the ASAP staff for ACSAP Director’sAwards?

D–3.Prevention/Employee Assistance Program

a. Areelements of prevention included in the ADCO position description?

b. Havegoals and objectives been formulated in a written IPP?

c. Arethe following essential prevention activities fully functional? (Note:Prevention activities are based on an

installation’s needs assessment.)

(1) Educatingcommanders and first sergeants about the ASAP?

(2) GarrisonASAP professional staff development and certification?

(3) Civilianemployee and supervisor ASAP education?

(4) Familymember ASAP education?

(5) Communityawareness education on the ASAP?

(6) Uniteducation programs on the ASAP

d. IsADAPT implemented in accordance with AR 600–85 and ACSAP standards?

e. IsADAPT offered a minimum of once monthly?

f. Are“pre” and “post” tests utilized for ADAPT to assist in determiningeffectiveness of training?

g. Havea variety of media been utilized (installation newspaper, radio, television,electronic media announcements)

to support and inform personnelabout the ASAP and its programs?

h. Haseach unit commander ensured that their Soldiers were provided 4 or more hoursof drug/alcohol training in the past year? Has the ASAP provided at least 1hour of the training? Is the PC receiving training class rosters from units andmaintaining a database of training by unit?

i. Haseach civilian employee received 2 or more hours of drug/alcohol training in thepast year?

j. Areall supervisors trained at least annually on techniques for identifyingabusers, the dangers of “enabling” and the referral process? Have supervisorsof civilian employees in TDPs received training on civilian drug testing andhow to properly notify their employees of a urinalysis?

k. Wereprevention campaigns conducted, such as Drunk and Drugged Driving Preventionand Red Ribbon Week?

l. Areevaluation forms on instructor performance and course content used for alltraining?

m. Havecivilian employees occupying TDPs under the DFW received civilian drug testingtraining prior to being

included in the TDP pool?

n. Isthe DFW annual survey report prepared and forwarded to ACSAP annually? Are allEAP files maintained and

secured separately from otherfiles?

o. Isthe ACSAP annual prevention report completed with a copy sent to the IMCOM HQs?

p. Arethe PC and EAPC certified? Is the requirement to be certified written in theirjob descriptions?

q. Doesthe PC maintain a by-SSN list of all ADAPT attendees?

D–4.Risk Reduction Program

a. Doesthe installation have an IPT or human resources council or similarorganization? Who coordinates the IPT

meetings?

b. Isthe IPT held as a stand-alone meeting?

c. HaveIPT members attended IPT training?

d. Doesthe IPT meet quarterly to discuss RRP trends and to formulate recommendationsfor commanders to reduce

high-risk behaviors?

e. Areminutes taken at the IPT meetings?

f. Whochairs the IPT meetings?

g. Isthe IPT visible and productive on the installation?

h. Doesthe ADCO or a designated ASAP staff member consolidate data and enter it intothe Risk Reduction Application Portal?

i. Doinstallation sources readily provide data? Is there a system in place to ensureall providers submit the required

data?

j. Domembers of the IPT have access to the Risk Reduction Web system and are theirusing it?

k. Docommanders on the installation have access to the system?

l. Basedon the identified risk, do specific IPT members brief commanders(brigade/battalion) quarterly on risk

reduction or are these briefingsconducted by the ADCO?

m. Doesthe ASAP use unit ranking (provided in the Risk Reduction application) todetermine which units are

briefed and which units receiveintervention?

n. Basedon results from trend analyses, are interventions provided to units asrequired?

o. Doesthe ADCO brief the garrison commander and/or the CG on risk reduction on aquarterly basis?

p. Howdo battalion/brigade commanders respond to the RRP? Do their find it helpful inidentifying high risk units?

q. Doesthe garrison commander support risk reduction?

r. Basedon trend analysis results, can the ASAP identify theinstallation/brigade/battalion top three high-risk

behaviors?

s. Whatother information does the ASAP use, aside from risk reduction data, todetermine high-risk behaviors? t. Do you find the risk reports usefuland informative?

u. Doesthe installation use the URI?

v. Doesthe installation use the R-URI? Is there a system in place to ensure that alldeployed Soldiers are

administered the R-URI between 90 30 and180 days after redeploying?

w. Doesthe ADCO compare/cross-reference data from the URIs and data from the shotgroups (bull’s eyes)?

x. Arethere improvements that can be made to risk reduction?

D–5.Drug testing

a. Isthere a DTC and alternate DTC appointed on orders signed by the ADCO?

b. Havethe DTC and alternate DTC been certified by the ACSAP DTC Certification Coursewithin the last 3 years?

c. Arethere units without two UPLs, who have been certified during the last year?

d. Arethere written installation SOPs outlining both military and civiliancollections that are approved by the SJA

within the last year?

e. Isthere a written SOP that covers DTC administrative and operational procedures?

f. Hasthe ASAP evidence storage area passed a physical security inspection within thepast 2 years?

g. Hasthe ASAP passed a safety inspection within the past year?

h. Arebattalion collections inspected a minimum of once annually by the DTC ordesignee?

i. Havecommanders been trained in “smart testing” techniques?

j. Isthere a notification procedure for Soldiers that includes the DTC sendinglaboratory positives for MROreviewable drugs to the MRO for determination oflegitimate versus not legitimate use? Do the procedures ensure that the MROnotifies the DTC of their determination, and that the DTC notifies thecommander and updates DAMIS?

k. Isthe MRO appointed on orders signed by the MTF commander?

l. Hasthe MRO been certified by USAMEDCOM within 6 months of assuming their duties?

m. AreMRO dispositions current (within working 15 days) and updated in the DAMIS?

n. Haveeffective procedures been implemented to ensure that rehabilitation urinalysisis accomplished on all Soldiers enrolled in the ASAP?

o. Areall Soldiers in rehabilitation being periodically drug tested?

p. Arerehabilitation drug tests properly coded on DD Form 2624?

q. Doesthe civilian corps member DTP meet the DA-required testing rates?

r. Isthe EAPC involved in the donor selection process?

s. Hasa DA Form 5019 and/or a DA Form 7412 been signed by all civilians occupying aposition requiring alcohol

and/or other drug testing?

t. Hasthe DFW Program report that provides statistical information on the civilianDTP been submitted to the

ACSAP?

u. Formilitary personnel, does the DTC check DAMIS and notify the commander of allprevious positive urinalysis

results and rehabilitation when they notify the commander ofa current positive result?

D–6.Counseling Program (to be completed by the clinical director)

a. Areall patients identified through medical channels with a drug- or alcohol-relateddiagnosis or related incident

resulting in medical treatmentreferred to the ASAP?

b. Haveeffective procedures been implemented to ensure that DA Form 4465 and DA Form4466 are both filed and

entered in DAMIS?

c. Haveeffective procedures been implemented to ensure that the ADCO is provided acopy of this rehabilitation

and treatment review?

d. Arecopies of DA Form 4465, DA Form 4466; and data for completion of DA Form 3711provided to the ADCO

by the counseling staff?

e. Areface-to-face rehabilitation team meetings conducted with commanders for eachSoldier evaluated?

f. Hasan effective monitoring procedure been implemented to ensure that results ofall rehabilitation urinalysis are

provided to the appropriatecounselor and commander?

g. Doesthe ASAP check the DAMIS for prior enrollment information on Soldiers currentlyevaluated and/or

enrolled?

h. Isa DA Form 4466 completed and entered in DAMIS for each Soldier in a PCS loss orgain status?

i. Hasan effective monitoring procedure been implemented to ensure that open filecases on Soldiers who are in a PCS status are forwarded to the gaining ASAP?

j. Doesthe counseling staff provide timely input to the ADCO for completion of thequarterly DUI/urinalysis

report?

AppendixE Standing Operating Procedures For Urinalysis Collection, Processing, andShipping

E–1.General

This SOP provides guidance and standardizes urinalysiscollections throughout the U.S. Army. (The DTC Guidebook and Commander’s Guideand UPL Urinalysis Collection handbook contain additional guidance and DArequirements. These handbooks are designed to assist the unit commander, UPLand DTC by providing detailed information on collection, handling, processingand shipping procedures for urinalysis specimens.)

E–2.Applicability

This SOP is applicable to all urinalysis collectionsconducted on all Soldiers, regardless of component.

E–3.Related material

The ACSAP Commanders Guide and UPL Urinalysis Collectionhandbook, ACSAP DTC Guidebook and DODI 1010. 16, Technical Procedures forMilitary Personnel Drug Abuse Testing Program.

E–4.Pre-collection procedures

a. The unit commander will—

(1) Direct that aurine test be conducted, identify individual Soldiers, parts of the unit,and/or the entire unit fortesting, and ensure identified Soldiers are availablefor testing.

(2) Select anadequate location for testing and a holding area for Soldiers waiting to rendera urinalysis specimen.

(3) Ensure the UPLis certified to collect urinalysis specimens for drug testing.

b. The UPL obtains supplies for testing—

(1) The DODprescribed urine specimen bottles with boxes.

(2) Optional widemouth collection cup.

(3) Tamper evidenttape.

(4) Specimen bottlelabels.

(5) Unit ledger(unit ledger).

(6) DD Forms 2624.

(7) Disposablerubber gloves.

(8) Disinfectantfor disinfecting specimen collection area.

(9) Absorbentpads, blue ink pens, black ink pens, and AAA-162 (unit personnel accountabilityreport).

(10)References: AR 600–85, ACOM, ASCC, or DRU SOP, installation SOP,unit SOP, and Commander’s Guideand UPL Urinalysis Collection handbook.

c. Personnelto be tested are notified. Notification will take place no more than 2 hoursprior to reporting time.

d. Commanderappoints observers, E–5 or above, of the same gender as Soldier being tested,(no more than 3 observers will be assigned to each UPL at any given time) and aholding area NCO/officer, E–5 or above, to maintain control of personnelwaiting to be tested.

e. TheUPL will brief observers on their duties and responsibilities and demonstratethe observers’ tasks (see fig E–4 for an example). The observers will sign anaffidavit to acknowledge understanding of their duties and responsibilities asobservers.

f. TheUPL will inspect latrines and post “Off Limits” signs on them; they will alsopost signs for “Holding Area”

and “UPL Testing Station” at thoselocations.

g. Commanderor designated representative will brief all Soldiers selected for testing (seefig E–2 for an example).

h. TheUPL will brief the selected Soldiers on the specimen collection procedure (seefig E–3 for an example).

i. EachSoldier will remain in the holding area until a specimen is provided unless thecommander temporarily

permits the Soldier to leave andan NCO or officer escorts the Soldier.

j. Ifmore than one UPL conducts the collection, avoid having each DD Form 2624handled by more than one UPL (see para E–7b).

E–5.Collection procedures

All steps of this procedure mustbe followed in the correct sequence.

a. TheUPL puts on disposable rubber gloves.

b.Soldier approaches the UPL station with their military IDcard when prepared to give a urinalysis specimen. If the Soldier does not havean ID card in their possession, the commander (or first sergeant or executiveofficer) will positively identify the Soldier and verify the Soldier’s SSN by areliable method (see para E–12a).

c. Soldierwill remove excess outer garments such as battle dress uniform Armycombat uniform jackets, coats, or

sweat tops individual physical fitness uniform jackets.

d. TheUPL initiates all required paperwork (if preprinted forms and labels are used,the UPL will verify all information with the military ID Card). TheUPL will print the DD Form 2624, unit ledger, bottle labels, and documentsrequired to manage the Army DTP and verify all information with the military IDcard. (If the military ID card does not include the Soldier’s SSN, the AAA-162(unit personnel accountability report) will be used to verify the Soldier’sinformation.) If a clerical mistake is made while filling outentries on the DD Form 2624, the specimen bottle label, or the unit ledgerprior to the discrepancy inspection required by the DTC, the mistake may becorrected by its maker by lining through (single line) the mistake, placing thecorrected information above the mistake, initialing and dating the correctedentry. No other method of correction is authorized except by memorandum, titled“Certificate of Correction,” as described in paragraph E–8b.

(1) The UPL prepares label with the following information:

(a) DateSpecimen Collected (YYYYMMDD).

(b)BAC.

(c) Soldier’sSSN.

(2) The UPL prepares a DD Form 2624 withthe following information (see the Commanders’ Guide and UPL UrinalysisCollection handbook for specific guidance on completing the DD Form 2624):

(a) Block 1will have the unit information for the unit conducting the collection.

(b) Block 2will have the installation ASAP (in garrison), state JSAPC/O (NG units ingarrison), RSC (USAR units in garrison), or BACM information (all deployedunits).

(c) BAC (block3). This is the unique code for reporting results.

(d) UIC (block4).

(e) Document/BatchNumber (block 5). Begin with batch ‘0001” each day.

(f) DateSpecimen Collected (YYYYMMDD) (block 6).

(g) Soldier’sSSN (block 8).

(h) Test Basis(block 9). For each DD Form 2624, use only one appropriate code (IR, IU, IO,CO, PO, RO, MO, AO, VO, NO, OO) (see para 4–5).

(i) TestInformation (block 10). Designate letter “A” for E–4 and below and letter “B”for E–5 and above and officers. Leave the remaining rows blank if less than 12specimens are collected.

(3) UPL prepares the unit ledger with thefollowing information (see the Commanders Guide and UPL Urinalysis Collectionhandbook for specific guidance on completing the DD Form 2624):

(a) DateSpecimen Collected.

(b) Batchand Specimen number (blocks 5 and 7 from DD Form 2624).

(c) Soldier’sRank.

(d) Soldier’sprinted name (Soldier will sign upon completion of specimen collectionprocedure).

(e) Soldier’sSSN.

(f) Testbasis.

(g) Observerwill print and sign their name on the unit ledger upon completion of specimencollection procedure. (h) Comments and Disposition.

e. TheUPL directs the Soldier to verify the information on the specimen bottle label,unit ledger, and DD Form 2624. The Soldier will then initial the specimenbottle label indicating that all data is correct.

f. TheUPL will remove a new specimen bottle from the box in front of the Soldier andreplace it with the Soldier’s military ID Card. The UPL will then affix thelabel to the specimen bottle, in full view of both the Soldier and theobserver, and hand it to the Soldier. The UPL will remind the observer not totake possession of the specimen bottle and to constantly maintain direct eyecontact with the bottle until the UPL places it in the collection box.

g. TheSoldier will ensure that the observer has full view of the specimen bottle atall times until the UPL takes

custody of the specimen. At notime will the observer take custody of the urine specimen.

h.If the Soldier requires use of the optional wide mouthcollection cup, the cup will be issued to the Soldier

at this time.

i. TheSoldier and observer will move to a secure latrine; the Soldier will walk inthe front with the specimen bottle held above their shoulder to keep it in fullview of the observer. The observer will keep the specimen bottle in sight atall times.

j. Oncein the latrine, the observer will direct the Soldier to wash their handswithout the use of soap. The Soldier

will then move to the appropriatefacility (urinal or toilet) to collect the specimen.

k. TheSoldier will remove the cap of the specimen bottle in full view of theobserver, and will hold it or place it

face up on a clean surface. Thespecimen bottle and cap must be in full view of the observer.

l. TheSoldier will then fill the specimen bottle with at least 30 mL of urine(approximately half the specimen bottle). The observer must see urine leavingthe Soldier’s body and entering the specimen bottle (or collection cup).

The Soldier will recap thespecimen bottle in full view of the observer.

m. Thefollowing procedure applies to Soldiers who use the wide mouth collection cups:

(1)The Soldier will remove the cap from the collection cup, andprovide the specimen. The observer will keep thewide mouth collection cup andthe specimen bottle in full view and directly observe urine leaving the bodyand entering the collection cup.

(2)The Soldier will then open the specimen bottle, and pour theurine from the wide mouth collection cup into thespecimen bottle. The Soldierwill recap the specimen bottle in full view of the observer. The observer willwatch this entire procedure.

n.The specimen bottle must contain at least 30 mL of urine(regardless of specimen volume collected, the specimen

bottle must be returned to theUPL). See paragraph E–12b for instructions on insufficient volume.

o.The Soldier should wash their hands with soap after recappingthe specimen as described in steps l and m above,

but the Soldier and observer mustkeep the specimen in full view.

p.The observer and the Soldier will return to the UPL’sstation. The Soldier will walk in front with the specimen

bottle held above their shoulder.The observer will keep the specimen bottle in sight at all times.

q.The Soldier will hand the specimen bottle containing theirspecimen to the UPL; both the Soldier and observer will continue to keep thespecimen bottle in sight at all times until the UPL places the specimen in thecollection box.

r.The UPL will take the specimen bottle, verify that the cap issecure, and inspect the specimen for sufficient volume and possibleadulteration. If adulteration is suspected, the UPL will secure the specimen, orderthe Soldier to stand fast, and ensure that the commander is notified (see paraE–12d).

s.The UPL will then place tamper evident tape across thespecimen bottle cap. The tape will be one continuous piece that runs across thetop of the specimen bottle and touches the label on both ends without obscuringany information.

t.The UPL will then initial the specimen bottle label. TheUPL’s initials signify that they have received the specimen from the Soldier,checked the specimen for adulteration and sufficient volume, ensured the capwas secure, and placed tamper evident tape across the cap.

u.The UPL will place the specimen in the collection box andremove the Soldier’s ID card. The UPL retains the Soldier’s ID Card until theSoldier signs the unit ledger.

v.The observer will then sign the unit ledger in front of theUPL and Soldier to verify their complied with the collection process anddirectly observed the Soldier provide the specimen and maintained eye contactwith the specimen bottle from the time it was handed to the Soldier until itwas placed in the collection box.

w.The Soldier will then sign the unit ledger in front of boththe observer and UPL verifying that they provided the urine in the specimenbottle and that they observed the specimen being sealed with tamper evidenttape and placed into the collection box. The UPL should check the specimenbottle label, unit ledger, and DD Form 2624 and correct errors before releasingthe Soldier.

x.The ID Card will be returned to the Soldier at this time, andthey are released from testing.

E–6.Post-collection procedures

After all specimens have beencollected the UPL will—

a. Verifythat all SSNs on the unit ledgers, DD Forms 2624, and specimen bottle labelsmatch.

b. Ensurethat all required information, signatures, and initials are on the specimenbottle labels, unit ledgers, and DD Forms 2624.

c. Placeeach DD Form 2624 into the corresponding specimen shipping container(s).

d. Disinfectthe specimen handling area and close down the collection station.

e. Transportall specimens to the DTCP as soon as possible (normally the same duty day).

f. Ifunable to transport to the DTCP immediately, the specimens, DD Forms 2624, andunit ledgers will be placed

into temporary storage at the unit as described in paragraphE–11.

E–7.Specimen chain of custody (back side of DD Form 2624)

a.Once the UPL accepts a complete specimen from the Soldier,the specimen chain of custody begins. This chain of custody must remaincontinuously and forensically intact until the specimens are received by thecourier/shipping agency and subsequently the drug testing laboratory (FTDTL).

b.If two or more UPLs conduct the collection, avoid having eachDD Form 2624 handled by more than one UPL. A change of custody should be doneonly on a completed batch of specimens and its DD Form 2624. If the UPL cannotcomplete their batch due to an emergency, the DD Form 2624 (front) should beclosed-out, and a change of custody to an alternate UPL should be initiated onthe back side of the DD Form 2624. The alternate UPL should prepare a new DDForm 2624 with a new batch to collect specimens from the remaining Soldiers thatwere not collected by the primary UPL.

c.Each change of custody must be annotated at the time of theoccurrence; do not predate or postdate the event.

When the specimens are transferredfrom one specimen custodian to another or to temporary storage or shippingagency, correct and complete information must be annotated in blocks 12a, b, c,and d on the back side of DD Form 2624 as following:

(1) Block12a-Date of specimen custody transfer (use U.S. date format YYMMDD to avoidconfusions).

(2) Block12b-Name and signature of the person or temporary storage facility (buildingand room) releasing custody.

(3) Block12c-Name and signature of the person or temporary storage facility (buildingand room) acceptingcustody.

(4) Block12d-Reason for transfer/change of custody (for example, “Specimens transferredto primary UPL”,“Specimens placed in Temporary Storage”, “Specimens retrievedfrom Temporary Storage”, “Specimens received by DTC”, “Specimens mailed toFTDTL”, and so forth).

E–8.Transfer of specimens at the drug testing collection point

a. At the DTCP, the unsealedspecimen boxes will be opened by the DTC or the DTC’s designatedrepresentative. The actions of the DTC outlined below may be performed by theDTC’s designated representative. If there is no DTC, the actions will beperformed by the person designated by the ADCO. The UPL (or the last person onthe chain of custody before transferring specimens to the DTC) will observe theentire specimen transfer process until the DTC signs the DD Forms 2624accepting the custody of specimens. The DTC will conduct the quality controlcheck of the specimens.

(1) Ensure that the information contained on the front sideof each DD Form 2624 is correct.

(a)Complete address of submitting unit that conducted testingand contact information (name of unit, phone number, email, and officialmailing address).

(b)Additional Service information (address of the installationASAP or battalion-level command or above). (c) BAC.

(d) Datespecimens collected.

(e)SSN.

(f) Testbasis (Correct code for the type of urinalysis and only one code per DD Form2624). (g) Test information.

(h) Specimennumber.

(i) Documentbatch number.

(j) UIC.

(2) Ensure that the information containedon the unit ledger is correct and corresponding with the information on the DDForm 2624:

(a) Name ofunit that conducted testing (block 2 on DD Form 2624—Additional ServiceInformation)(block 1 on DD Form 2624 – complete address ofsubmitting unit).

(b) Unit UIC (block4 on the DD Form 2624).

(c) Datespecimens collected.

(d) Batch andspecimen numbers.

(e) Rank, name,SSN, and signatures of the Soldiers.

(f) Testbasis.

(g) Names andsignatures of the observers.

(h) Commentsand disposition (unusual circumstances and/or testing status of a Soldier orspecimen).

(3)Ensure that the information contained on the specimen bottlelabel is correct and corresponding with informationon the DD Form 2624. At aminimum, each specimen bottle label must contain the date specimen collected,SSN, BAC, Soldier’s initials, and UPL’s initials.

(4)Ensure minimum 30 mL of urine is contained in each specimenbottle and that an unbroken piece of tamperevident tape is correctly placed oneach specimen bottle.

(5)Ensure the chain of custody (back side) on the DD Form 2624 iscomplete and accurate. Each event of change ofcustody must be annotated.

(a) Correctdates of change of custody.

(b) Namesand signatures of UPL or temporary storage releasing custodian.

(c) Namesand Signatures of UPL or temporary storage accepting custodian.

(d) The“Purpose of change/remarks” column clearly explains each change of custody.

b. If a discrepancy is found duringthe check, the DTC shall initiate appropriate action to correct the discrepancyor error, if possible. All discrepancies that can be corrected must beexplained in a memorandum titled, “Certificate of Correction,” which explains—(1) The discrepancy.

(2) Thecircumstances.

(3) Thecorrective action taken.

(a)All personnel involved, including the person(s) who made theerror and the DTC, must sign this certificate.

(b)If the error is a missed entry or an incorrect entry eitheron the specimen bottle label or on the DD Form 2624, corrections will not bemade on the label or on the form. The evidence that a correction was made willbe the memorandum titled, “Certificate of Correction” (see fig E–1).

(c)The memorandum titled “Certificate of Correction,” will beattached to the original and all copies of the DD Form 2624. The memorandumtitled “Certificate of Correction,” will be attached to the DTC’s DD Form 2624until destruction date.

c. If no discrepancies are noted, orall discrepancies have been corrected with a memorandum titled “Certificate ofCorrection,” the UPL will enter:

(1) The datethe specimens were delivered in block 12a

(2) Printtheir name and sign in block 12b

(3) Print“Specimens released by UPL to DTC” in block 12d

(4) Ensurethat the DTC prints and signs in block 12c to document receipt of thespecimens.

d.After the DD Form 2624 is completed, it will be placed in anunsealed, business-sized envelope.

e.Liquid absorbent will be placed in each specimen box (containingup to 12 specimens) to absorb any leakage that may occur. Either the UPL or theDTC may complete this step. This specimen box will be sealed with adhesive tapeover all open sides, edges, and flaps. The UPL or the DTC then signs his or hersignature across the tape on the bottom and top of each container, and securesthe unsealed envelope, with the DD Form 2624 enclosed, to the outside of thespecimen container. The BAC should be hand-written across the front ofthe unsealed envelope. For complete packaging instructions, see theCommander’s Guide and UPL handbook.

E–9.Shipping to the Forensic Toxicology Drug Testing Laboratory

a. Allurinalysis specimens will be forwarded to the supporting FTDTL.

b. Ifthe DTC is going to ship the specimens to the FTDTL on the day received fromthe UPL then they will—

(1) Sign each DD Form 2624 releasing it for shipment to theFDTL. Properly complete block 12a to 12d.

(a) Datethe specimens delivered to carrier (block 12a).

(b) Nameand Signature of person releasing custody to carrier (block 12b).

(c) Nameof carrier/shipper if known (for example, USPS). If actual shipping mode isunknown, write “Shipper.”

(block 12b)

(d) Purposeof change (for example, “Specimens shipped to FTDTL by USPS”) (block 12d).

(2) Prepare the specimen boxes as required for shipment.

(a) Allspecimen containers will be wrapped for shipping.

(b) Ensure thateach DD Form 2624 remains inside an envelope taped to the specimen container.

(c) Placespecimen container inside a leak proof bag.

(d) Package theoutermost shipping container according to the carrier’s requirements and localpolicy. Hand write or affix a label that says “Diagnostic Specimens” near themailing address.

(3) Ship containers to the drug testinglaboratory by transportation priority one. One of the following transportationmodes will be used:

(a) Registeredmail.

(b) U.S.Postal Service by First Class Mail.

(c) Hand-carriedby surface transportation.

(d) Militaryaircraft transportation system.

(e) U.S.flag commercial air freight, air express, and air freight forwarder.

(f) Whennone of the above satisfies the movement required, by foreign flag air carrier.

c. If the DTC is unable to ship thespecimens until the next duty day, the specimens must be placed in temporarystorage and the DD Form 2624 annotated. The temporary storage must be a limitedaccess area. The facility will meet the physical security requirements forevidence storage as described in paragraph E–10. This will include a biennialphysical security evaluation by qualified personnel, a posted access roster,and an access log to annotate all personnel entering the limited access area.

E–10.Temporary storage of urine specimens at the drug testing collection point

The following describe the minimum requirements for temporarystorage of urinalysis specimens at the installation level. This is thepreferred site for temporary storage.

a. Windows to the specimen storage room that areaccessible from the exterior of the room will be covered with

steel or iron bars or steel meshas follows:

(1)When bars are used, they will be at least 3/8-inch thick andvertical bars will not be more than 4-inches apart.Horizontal bars will bewelded to the vertical bars and spaced so those openings do not exceed 32square inches. Ends of the bars will be securely embedded in the wall or weldedto a steel channel frame fastened securely to the window casing.

(2)Acceptable steel mesh will be made from high carbon manganesesteel no less than 15/100-inch thick, with agrid of not more than 2-inches fromcenter to center. 6-gauge steel mesh with a 2-inch diamond grid may be usedwhen high carbon manganese steel is not readily available. The steel mesh willbe welded or secured to a steel channel frame and fastened to the building bysmooth headed bolts that go through the entire window casing. It will be spotwelded or branded on the interior, or cemented into the structure itself toprevent easy forced entry.

(3)Air conditioners may be installed in windows or outside wallsprovided equivalent security measures are taken.

b. Doorways: There must be only one doorwaythat allows access to and from the specimen storage room. c. Additionalrequirements:

(1) Method 1 (evidence room)—allowsspecimens to be stored inside the interior of the room, when not in full viewof the specimen custodian.

(a)Construction: Walls must extend from the floor to theceiling. Walls and ceilings may be made of masonry or wood. Walls or ceilingthat are of wooden stud construction must have a combined exterior and interiorthickness of at least 1-inch. Permanently installed flooring (other thanmasonry) may be used, if the floor cannot be breached without causingconsiderable damage to the building structure.

(b)Entrance into the room will require opening two successivedoors.

(c)When an interior steel mesh cage is used, the door to thecage will serve as the second door. In this case, the outer door will be ofsolid core wood or metal.

(d)When a steel mesh cage is not used two doors hung one behindthe other will be used. One door may be of steel mesh welded to a steel frame.The second door may be of solid core wood or steel; or it may be a hollowwooden door with the exterior reinforced with a steel plate not less than1/8-inch thick.

(e)If a barred door is used, the vertical steel bars will be atleast 3/8-inch thick and spaced no more that 4-inches apart. Horizontal barswill be welded to the vertical bars and spaced so that openings do not exceed32 square inches.

(f)Either door may be hung on the outside of the doorway. Theywill be hung so that the doorframe is not separated from the door casing.

(g)Door hinges will be installed so that doors cannot be removedwithout seriously damaging the door or door jam. All exposed hinge pins will bespot welded or branded to prevent removal. This is not required when safetystud hinges are used or when the hinge pins are on the inside of the doors. (Asafety hinge has a metal stud on the face of one hinge leaf and a hole in theother leaf. As the door closes, the stud enters the hole and goes through thefull thickness of the leaf. This creates a “bolting” or “locking” effect).

(h)The outer door will be secured by one high security,key-opened padlock. These padlocks will conform to military specificationsMIL–P43607 (GL) (High Security Padlock). The changeable combination padlock forthe inner door will conform to requirements of military specification FF–P–110(S&G 8077A and 8078A series). This changeable combination padlock isintended only as an indoor or protected area reusable seal. It is not intendedfor use on the outer door or for protection against forced entry.

(i)All locks will be used with a heavy steel hasp and staple.The hasp and staple will be attached with smooth headed bolts or rivets that gothrough the entire thickness of the door or door jam. They will be spot weldedor branded on the inside of the door. Heavy duty hasps and staples attached sothat they cannot be removed when the doors are closed are acceptable.

(2) Method 2 (evidence container)—specimensmust be stored within a safe or cabinet, when not in full view of the specimencustodian.

(a)One door will be hung that is made of solid core wood ormetal or a barred door. The solid door will, at a minimum, have a high securitydead bolt lock.

(b)Inside the room will be a safe, filing cabinet or metal walllocker that weighs at least 500 pounds or is secured to the structure of thebuilding with a chain.

(c)If a filing cabinet is used, then a metal bar hasp will beattached to run the entire height of the cabinet. This bar will be locked witha 200 series padlock (key-opened with 2 keys, no combination lock). Note: ahasp may be welded to the top drawer, but then only the top drawer may beutilized for temporary storage.

(d)All opening/closing of the safe/cabinet will be annotated ona SF 702 (Security Container Check Sheet). d. Key and combinationcontrol of the temporary storage.

(1)Only primary and alternate custodians will know the combinationsof inner door locks of the evidence room.However, copies of all combinationswill be recorded on SF 700 (Security Container Information) and kept in sealedenvelopes (signed by the specimen custodian, across the seal) in the safe ofthe appropriate supervisor.

(2)Each key-operated lock will have two keys. One key to each lockwill always be kept by the primary custodian.The duplicate key will be put in aseparate sealed envelope (signed by the specimen custodian, across the seal)and secured in the safe of the appropriate supervisor.

(3)Lock combinations will be changed when the primary or alternatecustodian changes. All combinations and keylocks will be changed upon possiblecompromise.

(4)Keys will be transferred from the primary to the alternatecustodian only if the primary custodian is to be absentfor more than 1 duty dayor 3 nonduty days. The transfer of keys will be documented on DA Form 5513 (KeyControl Register and Inventory).

(5)Master key padlocks or set locks will never be used in theevidence room.

e. Each event involving temporarystorage of specimens must be written on the chain of custody (back of DD Form2624, see para E–7).

E–11.Temporary storage of urine specimens at the unit level (by the Unit PreventionLeader)

a. Asafe, secure filing cabinet, or metal wall locker will be used to storespecimens. This container must be in a

lockable room or office.

b. Thesafe, filing cabinet, or metal wall locker must weigh at least 500 pounds or beattached to the structure of the

building with a chain or heavyduty bolts.

c. Ifa filing cabinet is used, then a metal bar hasp will be attached to run theentire height of the cabinet. A hasp

may be welded to the top drawer,but then only the top drawer may be utilized for temporary storage.

d. Thesafe or filing cabinet will have a 200 series padlock (with only 2 keys, nocombination lock), which is used

to secure the hasp.

e. Onekey will be issued to the primary UPL, the other key will be secured in asealed envelope (signed by the UPL across the seal) and issued to thecommander’s safe. Both keys will be issued in accordance with paragraph E–10dof this regulation and key control SOPs.

f. Allopening/closing of the safe/cabinet will be annotated on a SF 702.

g. Eachevent involving temporary storage of specimens must be written on the chain ofcustody (back of DD Form 2624) (see para E–7).

h. Commandersin deployed areas where facilities are not available to fully comply with thepreceding temporary storage guidelines will make every attempt to ensure thatspecimens requiring temporary storage are properly secured to avoid anytampering or perception thereof. This may include locking them in a foot lockeror similar container using a padlock to which the primary UPL has the only keyand storing that foot looker in the unit’s tactical operations center or otherarea under constant surveillance.

E–12.Unusual circumstances

All unusual circumstances will bewritten on the unit ledger (Unit ledger).

a.If the Soldier does not have an ID card in their possession,the commander (or first sergeant or executive officer ) will positivelyidentify the Soldier and verify the Soldier’s SSN against a reliable personnelroster or record. The UPL will write that the Soldier had no ID card and howthe ID was verified in the "Remarks" section of the unit ledger and/or in a MFR that is attached to the unit ledger.

b.If less than 30 mL of urine is collected, the entire specimenwill be discarded and the specimen bottle will be destroyed by crushing (afterobliteration of the SSN on the specimen bottle label). The Soldier will be sentback to the holding area until they can provide a full specimen. The Soldier willbe allowed to drink 8 ounces of water every 30 minutes but not to exceed atotal volume of 40 ounces in 3 hours. The holding area NCO/officer will monitoreach Soldier’s water consumption to prevent the Soldier from encountering anyhealth hazards. When the Soldier is ready to provide a specimen, the procedurewill begin with paragraph E–5b; original entries on the DD Form 2624 and unitledger may be utilized for the second specimen collected.

c.If a Soldier refuses to provide a specimen, the appropriatecommand authority will be notified. The Soldier’s chain of command should givethe Soldier a direct order to provide a specimen. If the Soldier refuses, itwill be a violation of a direct order, which may subject the Soldier todisciplinary action.

d.If adulteration is suspected, the UPL will secure thespecimen, order the Soldier to stand fast, and send someone to notify thecommander. When the commander verifies the evidence of a possible adulterationand after consulting the supporting legal advisor, they may immediately pursuetesting the Soldier under “PO” with the collection being observed by adifferent observer. A second specimen will be submitted for testing on aseparate DD Form 2624. The first specimen will be submitted and thecircumstance written on the unit ledger.

e.If the tamper evident tape breaks in such a fashion that itdoes not touch both sides of the specimen bottle label, apply a second piece oftamper evident tape across the bottle cap and touching the label on both sides,but not directly over the original tamper evident tape that broke. Annotate onthe unit ledger that a second piece of tamper evident tape was applied and thatthe Soldier observed this process. Prepare a MFR and/or certificate ofcorrection after the collection and attach it to the original DD Form 2624.

E–13.Legal provisions

The provisions of this appendixare not intended to, and do not, provide any rights or privileges as to therelevancy or admissibility of laboratory documents that are not otherwiseafforded by the UCMJ, the Manual for Courts-Martial, or regulations governingadverse administrative and disciplinary actions. In no case will failure tocomply with the provisions of this appendix be used to invalidate an otherwisevalid and legally sufficient adverse administrative or disciplinary action.

UNCLASSIFIED PIN 009558–000

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