NAC458.228. Duties of operator.

The operator of a prevention program shall:

     1. Submit to the Health Division a written statement signed by the operator of the prevention program assuring the Health Division that the prevention program promotes the message to minors not to use alcohol, tobacco or other drugs.

     2. To satisfy federal requirements for the evaluation of a prevention program, include a requirement in the manual containing the policies and procedures of the prevention program that a minor and the parent or guardian of the minor wishing to participate in the prevention program must comply with the criteria of the Health Division regarding consent to participate in a prevention program.

     3. If the prevention program includes an evaluation of the prevention program by the participants, maintain documentation that the operator made a good faith effort to obtain the consent required pursuant to subsection 2.

     4. Maintain documentation of the consent required pursuant to subsection 2 and make the documentation available to the staff of the Health Division upon request.

     5. If the prevention program is directed at a specific community:

     (a) Participate with any coalition program in that community which is funded by the Health Division to develop a comprehensive plan for the prevention of substance-related disorders in that community.

     (b) Submit quarterly reports to the Health Division which outline:

          (1) Specific activities of the prevention program with the coalition program; and

          (2) How the services of the prevention program:

               (I) Adhere to the goals and objectives of the comprehensive plan for the prevention of substance-related disorders;

               (II) Maintain fidelity to the appropriate evidence-based practices; and

               (III) Satisfy the goals of federal and state alcohol and drug abuse programs for the prevention or treatment of substance-related disorders.

     6. Include in the manual containing the policies and procedures of the prevention program procedures for the staff to follow concerning the physical and computer records of a participant, including, without limitation, policies and procedures for:

     (a) Preventing the release of information concerning the participant without a signed consent form from the participant for the release of the information;

     (b) The conditions for release of information that would occur pursuant to 42 C.F.R. Part 2 and 45 C.F.R. Parts 160, 162 and 164;

     (c) Maintaining the records at the place of business of the operator or at a site designated by the operator working with an agency which has contracted with the Health Division to maintain the records; and

     (d) Maintaining physical records in a locked facility and computer records in a system which allows access to only those persons authorized by the operator.

     7. Ensure that all records of the prevention program are kept for at least 4 years, including, without limitation, staff records, participant records, fiscal records, information reported to the Health Division, records which substantiate any information reported to the Health Division and records which substantiate any claims for funds from the Health Division.

     8. If the operator is providing a service directed at specific participants, prepare records of the service, including, without limitation, records of attendance which include the date the service was provided, the name of each participant, the name and signature of the person who conducted the service and the location at which the service was provided.

     9. Ensure that the staff are aware and knowledgeable of the theories, goals and methodologies used to successfully carry out the prevention program and the services of the program.

     10. In accordance with the criteria of the Health Division, include in the manual containing the policies and procedures of the prevention program a written process for evaluating the outcomes of the program and for participating in an evaluation of the program.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)