Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0054 - Substance Abuse
Chapter 2 - ORGANIZATIONAL REQUIREMENTS
Section 2-7 - Human Resource Management

(a) A program shall keep, maintain, and make available to any employee or client an organizational chart and written policy that describe the organizational structure.

(b) A program shall have written policies and procedures stating that, in the selection of staff, consideration when possible will be given to each applicant's cultural competency of special populations that the program serves.

(c) A program that utilizes volunteers shall have written policies and procedures governing their activities and establishing appropriate training requirements. Volunteers must review all applicable policies and sign a form acknowledging that the policies were reviewed and agreed upon.

(d) A program shall have written policies and procedures for determining staff training needs, formulating individualized training plans, developing cross-training activities with other professional disciplines, and documenting the progress and completion of staff development goals. Personnel records shall contain a record of such activities. At a minimum, training shall include trauma assessment and management, cultural competency, rights of person served, family centered services, prevention of workplace violence, confidentiality requirements, professional conduct, ethics, and special populations served specific to services being provided.

(e) All programs with two (2) or more persons employed or under contract shall implement and enforce policies and procedures establishing a drug-free workplace. These policies and procedures shall require employees, including administrators, staff members, and volunteers, to undergo drug and/or alcohol testing whenever the program's governing board, legal owner, or administrator, has reason to believe a person may be illicitly using controlled substances or abusing alcohol. When test results are found to be positive, or whenever the program otherwise learns that an employee may be abusing alcohol or controlled substances, the program shall refer the person to a treatment program for assessment and treatment recommendations. Notwithstanding any provision of this paragraph, programs shall also report to the appropriate licensing board, if required to do so, pursuant to a contract or rules of the licensing board. The program may terminate any person who refuses to cooperate and follow recommendations for treatment or other interventions.

(f) A program shall have written policies and procedures to ensure compliance with 42 CFR, Part 2, Federal Confidentiality, and 45 CFR Part 160 and 164, Health Insurance Portability and Accountability Act (HIPAA), and other legal restrictions affecting confidentiality of alcohol and drug abuse client records. Each staff person must sign a statement acknowledging his or her responsibility to maintain confidentiality of client information.

(g) A program shall have an Executive Director appointed by the governing authority or legal owner. In the case of a sole proprietor, this is not required. The Executive Director is responsible for the day-to-day operation of the service delivery system, which includes a working knowledge of the programs provided, being accessible and available to clients and program personnel, and integrating the mission and core values of the organization. The Executive Director is responsible for gathering input needed for key decision making from clients, all levels of personnel, and other community stakeholders. A job description stating minimum qualifications and duties must be developed and signed by the Executive Director. At a minimum, the following elements are required: ensures sound fiscal management; ensures effective and efficient resource utilization; ensures program and facility safety for clients and staff; ensures demonstration of an organized system of information; ensures flow of pertinent information to appropriate parties and management; and ensures compliance with all applicable legal, ethical, and regulatory codes and requirements.

(h) All programs shall conduct such background information checks, which include the Wyoming Abuse and Neglect Central Registry, as maintained by the Division of Family Services, the sex offender registry maintained pursuant to W.S. § 7-19-303, and fingerprinting by the Division of Criminal Investigation (DCI) on all successful applicants for employment and persons with whom the program contracts, and others, including volunteers, who have direct, regular contact with clients. Each program may determine the type and scope of any background inquiry based on its needs and the duties of the person being employed. Applicants may, at the discretion of the program administrator, be provisionally employed pending the outcome of a background check.

(i) Personnel records must contain the following documentation: annual performance appraisal, background check results, current professional license, job description, resume and/or application and letters of reference or documented verbal reference checks completed by the program. I-9 Forms must be kept in a separate file in a secured location to assure confidentiality.