16 fam 430
ALCOHOL AND DRUG AWARENESS PROGRAM (ADAP)
(CT:MED-36; 07-17-2017)
(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 employees use of alcohol or drugs
interferes with the efficient and safe performance of the employees assigned
duties, reduces his or her dependability, or reflects discredit on the agency,
the employees 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 employees 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
individuals 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 employees 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 individuals 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-6; 07-27-2009)
(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 Human Resources (M/DGHR), 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