Stat. Auth.:ORS409.410 & 413.042 Stats. Implemented:ORS430.240 - 430.415 Hist.: Ads 1-2012, F. & Cert. Ef. 2-9-12

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_400/oar_415/415_056.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 



OREGON HEALTH AUTHORITY,

ADDICTIONS AND MENTAL HEALTH DIVISION: ADDICTION SERVICES




 

DIVISION 56
SUBSTANCE ABUSE AND PROBLEM
GAMBLING PREVENTION PROGRAMS
415-056-0030
Purpose and Scope
These rules prescribe standards
and procedures for substance abuse and problem gambling prevention providers approved
by the Addictions and Mental Health Division (AMH). These rules establish standards
for community substance abuse and problem gambling prevention and provide that a
full continuum of services be available to Oregonians either directly or through
written agreements or contracts.
Stat. Auth.: ORS 409.410 &
413.042

Stats. Implemented: ORS 430.240
- 430.415

Hist.: ADS 1-2012, f. &
cert. ef. 2-9-12
415-056-0035
Definitions
(1) "Approval" means the Letter
of Approval issued by the Division to indicate that the substance abuse prevention
and/or problem gambling program has been found in compliance with all relevant federal
and Oregon laws and Oregon Administrative Rules (OAR).
(2) "Community Mental Health
Program (CMHP)" means an entity that is responsible for planning and delivery of
services for individuals with substance use disorders or a mental health diagnosis,
operated in a specific geographic area of the state under an intergovernmental agreement
or direct contract with the Division.
(3) “Coordinator”
means the designated county or tribal program coordinator hired to oversee prevention
services.
(4) "Cultural Competence" means
the process by which individuals and systems respond respectfully and effectively
to people of all cultures, languages, classes, races, ethnic backgrounds, disabilities,
religions, genders, sexual orientation and other diversity factors in a manner that
recognizes, affirms, and values the worth of individuals, families and communities
and protects and preserves the dignity of each.
(5) “Deputy Director”
means the Deputy Director of AMH.
(6) "Division" means the AMH
Division of the Oregon Health Authority.
(7) "Evidenced-Based Practices"
(EBP) means practices for which there is consistent scientific evidence that produce
positive outcomes. An EBP must meet the criteria set forth by the Division.
(8) "Gender-Specific Services"
means services which comprehensively address the needs of a gender group and foster
positive gender identity development.
(9) “Letter of Approval”
means the “Approval" as defined in 415-056-0035.
(10) "Institute of Medicine
Model" means the framework that defines the target groups and activities addressed
by various prevention efforts and includes the following:
(a) Promotion: Strategies that
typically address the entire population. Strategies are aimed to enhance individuals’
ability to achieve developmentally appropriate tasks (competence) and a positive
sense of self-esteem, mastery, well-being and social inclusion, and strengthen their
ability to cope with adversity;
(b) Universal Prevention: Universal
strategies address the entire population with messages and programs aimed at preventing
or delaying the substance abuse and/or problem gambling.
(c) Selective Prevention: Selective
prevention strategies target subsets of the total population that are deemed to
be at-risk for substance abuse or problem gambling by virtue of the membership in
a particular population segment; and
(d) Indicated Prevention: Indicated
prevention strategies are designed to prevent the onset of substance abuse or problem
gambling in individuals who do not meet criteria for addiction but who are showing
early danger signs.
(11) "Local Alcohol and Drug
Planning Committee" (LADPC), means a committee appointed or designated by a board
of county commissioners. The committee identifies needs and establishes priorities
for substance abuse prevention, treatment and recovery services in the county. Members
of the committee must be representative of the geographic area and include a number
of minority members to reasonably reflect the proportion of need for minority services
in the community.
(12) "Minority" means a participant
whose cultural, ethnic or racial characteristics constitute a distinct demographic
population including but not limited to members of differing cultures, languages,
classes, races, ethnic backgrounds, disabilities, religions, genders or sexual orientations.
(13) "Minority Program" means
a program that is designed to meet the unique prevention needs of a minority group
and that provides services to individuals belonging to a minority population as
defined in these rules.
(14) "Participant" means an
individual who receives services under these rules.
(15) "Prevention Provider" means
a governmental entity, an organization or federally recognized tribe that undertakes
to establish, operate or contract for prevention services.
(16) "Prevention Service" means
an integrated combination of strategies designed to prevent substance abuse and/or
problem gambling and associated effects regardless of the age of participants.
(17) "Strategy" means activities targeted
to a specific population or the larger community that are designed to be implemented
before the onset of problems as a means to prevent substance abuse and problem gambling
or detrimental effects from occurring. The Center for Substance Abuse Prevention's
strategies are defined below:
(a) Information Dissemination:
This strategy provides knowledge and increases awareness of the nature and extent
of alcohol and other drug use, abuse and addiction, as well as their effects on
individuals, families and communities. It also provides knowledge and increases
awareness of available prevention and treatment programs and services. It is characterized
by one-way communication from the source to the audience with limited contact between
the two;
(b) Education: This strategy
builds skills through structured learning processes. Critical life and social skills
include decision making, peer resistance, coping with stress, problem solving, interpersonal
communication and systematic and judgmental abilities. There is more interaction
between facilitators and participants than in the information dissemination strategy;
(c) Alternatives: This strategy
provides participation in activities that exclude alcohol and other drugs and gambling.
The purpose is to identify and offer healthy activities and to discourage the use
of gambling, alcohol and drugs through these activities;
(d) Problem Identification and
Referral: This strategy aims at identification of individuals who have indulged
in illegal or age-inappropriate use of tobacco or alcohol or gambling and those
individuals who have indulged in the first use of illicit drugs in order to assess
if the individual's behavior can be reversed through education;
(e) Community Based Processes:
This strategy provides ongoing networking activities and technical assistance to
community groups or agencies. It encompasses neighborhood-based or industry led,
grassroots, empowerment models using action planning and collaborative systems planning;
and
(f) Environmental: This strategy
establishes or changes written and unwritten community standards, codes and attitudes,
thereby influencing alcohol and other drug use and gambling by the general population.
(18) “Tribal Authority”
means an individual or group identified by the tribe that approves the prevention
plan. Examples include a Tribal Council, Health Director or Prevention Supervisor.
Stat. Auth.: ORS 409.410 &
413.042

Stats. Implemented: ORS 430.240
- 430.415

Hist.: ADS 1-2012, f. &
cert. ef. 2-9-12
415-056-0040
Administrative Requirements
(1) A prevention provider that
contracts directly or indirectly with the Division must comply with all related
administrative rules.
(2) Subcontracted agencies must
be administered by staff in accordance with standards set forth in OAR 309-014-0000
through 0025 and 309-014-0030(3) through 0040.
(3) A fee schedule may be established
that approximates actual cost of service delivery. The fee schedule must assess
the cost to the participant for the service in accordance with the participant's
ability to pay.
(4) A prevention provider must
establish comprehensive written policies and procedures which describe program operations
and compliance with these rules, and shall at minimum address the following:
(a) A mission, vision and values
statement;
(b) An organizational management
chart;
(c) The prevention framework
that guides the program's prevention efforts;
(d) An anti-discrimination policy;
(e) A cultural competency plan;
(f) Gender specific services;
(g) The use of substances by
program participants and staff during program activities;
(h) Gambling by program participants
and staff during program activities;
(i) The protection and safety
of service recipients and
(j) A process for referring
individuals who are not appropriate for prevention services to more applicable resources
such as emergency and crisis services, detoxification, mental health treatment and
other services within the continuum of care.
(5) A request for certification
will be considered by the Division after the CMHP or tribal authority, and the LADPC
or other applicable committee has reviewed and commented on the request.
(6) Prevention providers must
provide services that incorporate evidence based practices as defined in OAR 415-056-0035.
(7) Printed materials utilized
by the program must be:
(a) Written with consideration
to the demographic make-up of the program and in cultural competent language;
(b) In the participant’s
native language; and
(c) Reflective of current substance
abuse and gambling prevention research and practice.
(8) The provider must report
to the Division on approved standardized forms. All reporting must be done in accordance
with Federal Confidentiality Regulations (42 CFR Part 2).
(9) The provider must ensure
the privacy and safety of participants where appropriate and necessary.
(10) Providers must document
coordination of activities with related community partners.
Stat. Auth.: ORS 409.410 &
413.042

Stats. Implemented: ORS 430.240
- 430.415

Hist.: ADS 1-2012, f. &
cert. ef. 2-9-12
415-056-0045
Staff Requirements
(1) The substance abuse and/or
problem gambling prevention program must be administered by staff in accordance
with standards set forth in these rules.
(2) The Coordinator is qualified
by virtue of knowledge, training, experience and skills. The Coordinator must be
certified by the Addiction Counselor Certification Board of Oregon (ACCBO) as a
Certified Prevention Specialist (CPS), or must acquire certification within two
years from the date of hire.
(3) The Coordinator shall be
employed greater than .50 FTE to carry out their responsibilities.
(4) Roles and authorities of
the Coordinator include:
(a) Development, monitoring
and oversight of the Prevention Implementation Plan, which shall be in compliance
with the requirements set forth by the Division.
(b) Implementation of the defined
strategies;
(c) Management of the program
staff;
(d) Administration of funds;
(e) Accountability for the oversight
and quality of prevention services; and
(f) Supervision of other staff
related to their skill level with the goal of achieving the objectives of the prevention
program and assisting staff to increase their knowledge, skills and abilities.
(5) Program staff providing
more than .5 FTE hours of direct prevention services must:
(a) Have a CPS certification,
or must acquire the certification within two years of hire;
(b) Have a workforce development
plan utilized to assure compliance with these rules and to ensure each staff has
opportunities to advance their prevention knowledge and skills; and
(c) Be culturally competent
to serve the identified populations. Agencies who contract for the delivery of
direct prevention services must assure that the contractors meet the requirements
for prevention staff described in these rules.
(6) The number and responsibilities
of the prevention staff must be sufficient to provide the services required under
these rules, for the number of participants the program intends to serve.
Stat. Auth.: ORS 409.410 &
413.042

Stats. Implemented: ORS 430.240
- 430.415

Hist.: ADS 1-2012, f. &
cert. ef. 2-9-12
415-056-0050
Variances
Requirements and standards for requesting
and granting variances or exceptions are found in OAR 415-012-0090.
Stat. Auth.: ORS 409.410 &
413.042

Stats. Implemented: ORS 430.240
- 430.415

Hist.: ADS 1-2012, f. &
cert. ef. 2-9-12

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
The Oregon Administrative Rules and the Oregon Bulletin are
copyrighted by the Oregon Secretary of State. Terms
and Conditions of Use
Read Entire Law on arcweb.sos.state.or.us