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016.04.4-15. Governing Body (GB)

AR ADC 016.04.4-15Arkansas Administrative CodeEffective: January 1, 2020

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 04. Division of Behavioral Health
Rule 4. Licensure Standards for Alcohol and Other Drug Abuse Treatment Programs (Refs & Annos)
Effective: January 1, 2020
Ark. Admin. Code 016.04.4-15
016.04.4-15. Governing Body (GB)
The governing authority or legal owner of a program has the primary responsibility to create and maintain the organization's core values and mission via a well-defined and annually updated strategic plan which sets out authority over and responsibility for all programs. The authority shall ensure compliance with all applicable legal and regulatory requirements and supervise the recruiting of staff members that are competent and representative of the specific cultures and populations served. The governing body shall advocate for needed resources to carry out the mission of the organization and actively collaborate with the management staff to ensure the success of day to day operations.
GB1 There shall be a governing body which has the ultimate authority for the overall operation of a program, which is one of the following as verified by the program's articles of incorporation:
a. A public, non-profit organization; or
b. A private, non-profit organization; or
c. A private, for-profit organization; or
d. A foreign corporation authorized to do business in Arkansas
GB2 Each program shall have a governing body or other responsible person that is accountable for the development of policies and procedures to guide the daily operations. If a program is governed by a board of directors, minutes and records of the board of directors meetings shall document that the program administrator has reported to the governing body or its designated representative a minimum of four times per year.
GB3 Each program shall retain written documentation that describes the means by which the governing body shall maintain written documentation for all of the following:
a. The election or appointment of its officers and members;
b. The orientation of new governing body members and any subsequent training;
c. The appointment of committees as necessary to effectively discharge responsibilities;
d. The scheduling of meetings; and
e. Determination of quorum requirements; and, keeping minutes of all meetings;
GB4 The governing body shall hold meetings and keep minutes that include:
a. Date(s);
b. Names of the members attending;
c. Summary of discussion;
d. Actions taken;
e. Target dates for implementation and recommendations;
f. The minutes shall be signed by a member, as designated by the governing body; and
g. The minutes shall be available to staff, persons served and the general public upon request (applies to non-profit organizations only).
GB5 The governing body for the organization shall:
a. Delegate a Chief Executive Officer for the program that is not a member of the governing body (applies to non-profit organizations only);
b. Prohibit any employee from being a voting member of the governing body;
c. Delegate authority and responsibility to the Chief Executive Officer for the management of the program in accordance with established policy; and
d. Perform an employment evaluation of the Chief Executive Officer at least annually.
GB6 The governing body shall:
a. Maintain an authorized policy and procedures manual that describes the rules, principles, and guidelines that determine the substance abuse treatment program operations;
b. Review and update the policy and procedures manual as needed, but at least annually (as verified in the board minutes);
c. This policy and procedures manual shall be made available to the public upon request (applies to non-profit organizations only).

Credits

Adopted Dec. 26, 2010. Amended Jan. 1, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.04.4-15, AR ADC 016.04.4-15
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