UNCLASSIFIED (U)

16 fam 430 

ALCOHOL AND DRUG AWARENESS PROGRAM (ADAP)

(CT:MED-45;   05-19-2020)
(Office of Origin:  MED)

16 fam 431  PURPOSE

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

The Alcohol and Drug Awareness Program (ADAP) is for Civil Service and Foreign Service employees and their eligible family members, whether stationed in the United States or abroad.  The purpose of this program is to:

(1)  Educate personnel and their eligible family members on the symptoms of alcohol and drug abuse;

(2)  Encourage employees and their eligible family members with alcohol and drug problems to avail themselves of the counseling and assistance provided on a confidential basis by the medical staff; and

(3)  Set forth policies and procedures for the Alcohol and Drug Awareness Program (ADAP).

16 fam 432  AUTHORITY

(CT:MED-6;   07-27-2009)

16 FAM 432.1  Legislation

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

Authorities for the Alcohol and Drug Awareness Program (ADAP) are cited in the following:

(1)  5 U.S.C. 7904(a) (authorizing employee assistance programs relating to drug and alcohol abuse);

(2)  5 U.S.C. 7361 and 7362 (authorizing prevention, treatment and rehabilitation programs relating to drug and alcohol abuse); and

(3)  22 U.S.C. 4084 (Foreign Service Act of 1980, section 904, authorizing Foreign Service health program).

16 FAM 432.2  Regulations

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

U.S. Government-wide regulations governing the Alcohol and Drug Awareness Program (ADAP) are published in 5 CFR, Part 792.

16 FAM 432.3  Eligibility

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. To be eligible for the Alcohol and Drug Awareness Program (ADAP), an individual must be an employee or family member of the Department of State, or be covered by the Medical and Health Program under 16 FAM 100.

b. Eligibility criteria for payment of medical expenses and medical travel can be found in 16 FAM 100.  Eligibility for the ADAP does not imply authorization of payment for medical services.

16 Fam 433  POLICY

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. It is the policy of the Department of State and the other participating agencies to offer assistance to Federal employees and eligible family members when there are indications of deteriorating job performance, inappropriate behavior, or questionable reliability apparently as a result of the use of alcohol or other drugs.

b. Supervisors and managers are urged to become familiar with the Alcohol and Drug Awareness Program (ADAP) and refer the employee to the available resource so that the individual can be restored to full potential as a member of the workforce.

c.  These regulations do not apply to situations in which drug use by an employee has been detected by management as a result of drug testing carried out pursuant to the Drug-Free Workplace Program.  Regulations concerning that program, including disciplinary procedures, are published in 3 FAM 2110 and in 3 FAH-1 H-2110.

16 FAM 433.1  Procedures

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. When an employee’s use of alcohol or drugs interferes with the efficient and safe performance of the employee’s assigned duties, reduces his or her dependability, or reflects discredit on the agency, the employee’s agency may take action in the form of:

(1)  Nondisciplinary procedures;

(2)  Disciplinary procedures;

(3)  Reporting to an appropriate security authority if the conduct poses a hazard to national security interests or to the safety of the employee or others; and

(4)  Reporting to law enforcement and/or security agency authorities if substance abuse, or an addiction problem results in impaired judgment or criminal conduct directed toward the persons or property of others.

b. Nothing in these regulations shall preclude the agency from imposing a disciplinary sanction concurrent with rehabilitative assistance in cases where the employee’s conduct has violated law or regulation.

c.  An agency may not disclose ADAP records or otherwise identify an individual as an ADAP patient except under any of the following conditions:

(1)  Such officials or investigators obtain the individual’s prior written consent;

(2)  Such officials or investigators obtain a court order in accordance with regulations that pertain to all Federal ADAPs (see 42 CFR Part 2);

(3)  The investigation is related to a crime on ADAP premises or against the ADAP; and

(4)  Such disclosures are made in connection with suspected child abuse or neglect in violation of State law.


16 FAM 433.2  Obligations

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

The management at State and supervisory personnel at other participating agencies are required to:

(1)  Recognize that the misuse and abuse of alcohol or other drugs are treatable problems and that alcoholism or other drug addiction is a treatable disease;

(2)  Consider for employment any person who has had prior alcohol and/or drug misuse, abuse, or addiction problems, subject to the provisions of 12 FAM 230;

(3)  Evaluate applicants for employment who actively misuse or abuse alcohol or other legal drugs [NOTE:  Rehabilitation Act does not protect people who use illegal drugs] on the same basis as other applicants, subject to the provisions of 12 FAM 230 and 16 FAM 100;

(4)  Provide brief counseling, education and referral services to employees and their eligible family members;

(5)  Encourage employees and their eligible family members who misuse or abuse alcohol or other drugs to seek help from the Alcohol and Drug Awareness Program (ADAP) or from health care providers at posts abroad so that appropriate and confidential medical assistance can be provided;

(6)  Allow sick leave or other appropriate leave for the purpose of treatment, counseling, or rehabilitation;

(8)  Assure the employee that, subject to the provisions of 12 FAM 230, requesting counseling or referral assistance for treatment does not jeopardize job security and/or promotional opportunities;

(9)  Provide education for supervisory and managerial personnel in identifying possible misuse or abuse of alcohol or other drugs;

(10) Assure that, if disciplinary action proves necessary, it will be initiated solely on the basis of an employee’s deficient work performance or conduct which has not met the standards of the foreign affairs agencies or is otherwise unacceptable (see 3 FAM 4100).  NOTE:  Exemption is drug use detected pursuant to the Drug Free Workplace Program;

(11) Assure that, if criminal conduct is harmful to national security or to the person or property of others, action will be taken to protect these interests, persons, or properties and suspected, alleged, or known criminal conduct will be reported to the Office of the Inspector General (OIG; see 1 FAM 050) and the Office of Investigations and Counterintelligence, Diplomatic Security Service (DS/DSS/DO/ICI); and

(12) Preserve the confidential nature of records in accordance with these regulations.

16 FAM 434  resPONSIBILITIES

(CT:MED-6;   07-27-2009)

16 FAM 434.1  General

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. The Secretary of State has designated the Office of Medical Services (MED) as the Alcohol and Drug Awareness Program (ADAP) Administrator.

b. Other participating foreign affairs agencies may designate program administrators for their own ADAP in the United States.

16 FAM 434.2  Program Administrators

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

Alcohol and Drug Awareness Program (ADAP) administrators are responsible for:

(1)  Developing an overall coordinated Alcohol and Drug Awareness Program that is responsive to the needs of the agency;

(2)  Providing continuing leadership and guidance to supervisors in implementing guidelines and instructions for counseling and assisting employees;

(3)  Educating employees about the ADAP and arranging or conducting supervisory training;

(4)  Working closely with the Office of Personnel Management (OPM) to ensure adherence to Federal program objectives and guidelines;

(5)  Identifying and establishing relationships with acceptable community resources to provide or supplement rehabilitation facilities;

(6)  Maintaining statistical records to evaluate the effectiveness of the program and furnishing required statistical reports;

(7)  Evaluating the program and recommending changes to improve its operations; and

(8)  Reporting to management on the results and effectiveness of the program, and to the Office of Personnel Management.

16 FAM 434.3  Office of Medical Services (MED)

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

The Office of Medical Services (MED), through its Alcohol and Drug Awareness Program (ADAP) is directly responsible for:

(1)  Diagnosing substance misuse, abuse, and addiction cases that are self-referred or referred by program administrators;

(2)  Determining an individual’s need for medical counseling and assistance;

(3)  Offering guidance to the supervisor, and, when requested, counseling to the employee based on the supervisor's documentation and knowledge of the employee's declining work performance, attendance problems, or disruptive behavior;

(4)  Providing feedback, subject to the confidentiality rules set forth in 16 FAM 450, to the program administrators of other participating agencies;

(5)  Carrying out educational activities abroad and in the United States to ensure that employees and supervisors understand and comply with the ADAP;

(6)  Identifying Federal or other medical facilities abroad and in the United States that may be used in substance misuse/abuse/addiction cases;

(7)  Ensuring that medical and other health care professionals have sufficient training or experience in alcohol or drug awareness; and

(8)  Protecting the confidential nature of ADAP records in accordance with 16 FAM 450 (see 42 CFR section 2 et seq.).


16 FAM 434.4  Supervisors

(CT:MED-6;   07-27-2009)

16 FAM 434.4-1  Critical Role

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

Supervisors have a critical role in the Alcohol and Drug Awareness Program (ADAP).

16 FAM 434.4-2  General Procedures

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

Supervisors should take the following actions; however, they must not attempt to medically diagnose a substance abuse problem:

(1)  Be sensitive to changes in the work or behavior of supervised employees;

(2)  Document specific instances when an employee's work performance, behavior, or attendance fails to meet minimum standards;

(3)  Advise medical or counseling staff of the employee's deficiency;

(4)  Counsel the employee concerning poor work performance and inform the employee of available counseling services; and

(5)  Advise the employee, should poor work performance or unsatisfactory behavior continue following counseling, that appropriate disciplinary action may be initiated.

16 FAM 434.4-3  Special Procedures

(CT:MED-45;   05-19-2020)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

If an employee has a national security sensitive position, or a clearance for access to classified information and is suspected of being involved in illegal drug activities, the supervisor should:

(1)  Inform the counselor, and refer the employee for counseling;

(2)  If conduct indicates criminal activity, the supervisor must notify the Director General of the Foreign Service and Director of Global Talent Management (GTM), and the Office of the Inspector General (OIG) of all relevant information;

(3)  If behavior is directed toward selling drugs or stealing to support a drug habit, the supervisor should report the known facts to the appropriate agency or office; and

(4)  Employees are required to notify the Office of the Inspector General (OIG) if they suspect or know of violations of laws or regulations.

16 FAM 434.5  Counselors in Other Programs

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

Counselors in other programs, such as Equal Employment Opportunity or Career Development and Assignments, if advised by an employee of a personal alcohol or other drug-related problem, must refer the employee immediately to the relevant program administrator, the Office of Medical Services (MED), or when assigned abroad, the Foreign Service health care provider.

16 Fam 435  DISCIPLINARY POLICY AND PRACTICE

(CT:MED-36;   07-17-2017)

16 FAM 435.1  Alcohol and Drug Awareness Program (ADAP) Relationship to Disciplinary Policies and Practices

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

The alcoholism and substance abuse program is carried out as a nondisciplinary procedure aimed at the rehabilitation of substance abusers.  Failure of the employee to accept the assistance or correct performance or conduct, is dealt with through disciplinary procedures.

16 FAM 435.2  Release of Information

(CT:MED-36;   07-17-2017)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

In a disciplinary action, substance abuse or addiction information on an employee may only be released in summary form and only with the employee's written consent or pursuant to a court order.

16 FAM 435.3  Dismissal from Employment

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. Removal from employment of a Federal civilian employee who cannot properly function in employment as a result of substance abuse is permitted by 42 U.S.C. 290dd-1 and 42 U.S.C. 290ee-1.

b. Removal of such an employee whose employment is not consistent with the interests of national security is provided for in Executive Order 10450 of April 27, 1953.

16 Fam 436  CONFIDENTIALITY

(CT:MED-6;   07-27-2009)
(State Only)
(Applies to Civil Service and Foreign Service Employees)

a. Confidentiality of patient information is crucial to the success of the Alcohol and Drug Awareness Program (ADAP).

b. ADAP patient information must be maintained in accordance with 42 CFR.

16 fam 437  through 439 unassigned

 

UNCLASSIFIED (U)